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HomeMy WebLinkAbout2022-02-28 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: Time: Location: February 28, 2022 9:30 a.m. Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: M. Dempster, J. Gallagher, L. Patenaude, G. Acorn, S. Brake, R. Maciver, T. Pinn, M. Perini Other Staff Present: C. Hodgson, B. Radomski, L. Reck _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 9:30 a.m. 2. Land Acknowledgement Statement Councillor Neal led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 4. Announcements Members of Committee announced upcoming community events and matters of community interest. Suspend the Rules Resolution # GG-100-22 Moved by Councillor Traill Seconded by Councillor Neal That the Rules of Procedure be suspended to add the following items to the Agenda:  New Business Item regarding Trudeau Drive Walkway (Councillor Traill)  Delegation of Nik Papanikolas, Regarding New Business - Trudeau Drive Walkway General Government Committee Minutes February 28, 2022 2  Delegation of Dave Zakos, Regarding New Business - Trudeau Drive Walkway Yes (6): Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (1): Mayor Foster Carried on a recorded vote (6 to 1) 5. Presentations/Delegations 5.1 Delegation by Carion Fenn and Genelle Pollydore, Carion Fenn Foundation, Durham Black Network, Regarding Black History Month Carion Fenn and Genelle Pollydore, Carion Fenn Foundation, Durham Black Network, were present regarding Black History Month. They played a video introducing members in the Durham Black Network. Committee had a moment of silence for 52 seconds, to honour the passing of Sparky Terry Johnson, a Member of the Carion Fenn Foundation. Genelle provided the background, mission, and vision of the Durham Black Network. Carion displayed a video of the Black Lives Matter rally in the Town of Ajax and explained the personal experience of systemic anti-black racism. Genelle outlined the Foundation's programs and stated that The Carion Fenn Foundation is a recipient of the Supporting Black Canadian Community Initiative Grant, which will strengthen their organization so that the Durham Black Network can run various programs. Carion explained their Equity and Equality challenge and stated that a t -shirt can be purchased through their website. Genelle noted a quote from Barack O bama and stated that they are working at implementing a meaningful change for the community. Carion explained that the Durham Black Network is comprised of 70% black community members and 30% non-black community members. Carion requested that Council support initiatives and programs that encourage equity and equality in the community and workplace. Carion and Genelle answered questions from Members of Committee. Resolution # GG-101-22 Moved by Councillor Hooper Seconded by Councillor Zwart That the Delegation of Carion Fenn and Genelle Pollydore, Carion Fenn Foundation, Durham Black Network, Regarding Black History Month, be received with thanks. Carried General Government Committee Minutes February 28, 2022 3 5.2 Delegation by Wendy Bracken, Regarding Item 6.1, New Business - Bottom Ash Wendy Bracken was present regarding the New Business Item - Bottom Ash. Wendy Bracken requested that Committee support Councillor Zwart's motion and add the words "and/or plastics and/or other waste materials in Clarington" at the end of the last sentence. Wendy explained that the pilot project using incineration and/or plastics in road construction is obscene and noted that the incinerator industry has two major problems which are incineration emissions and incinerator ash. W . Bracken expressed concerns regarding Federal Gas Tax and public funds, and bottom ash having highly toxic residues and outlined concerns contained in Linda Gasser’s correspondence. Wendy stated other countries are going away from using ash due to the environmental impacts and answered questions from Members of Committee. Alter the Agenda Resolution # GG-102-22 Moved by Councillor Zwart Seconded by Councillor Hooper That the Agenda be altered to consider Item 6.1, New Business - Bottom Ash, at this time. Carried 6. Reports/Correspondence Related to Presentations/Delegations 6.1 New Business - Bottom Ash (Councillor Zwart) Resolution # GG-103-22 Moved by Councillor Zwart Seconded by Councillor Hooper Whereas the Region of Durham proposes to run a pilot project using Durham York Energy Centre (waste incinerator) bottom ash in Phase 2 of the reconstruction of Regional Road 18 (Newtonville Road); And whereas this is not a proven technology; And whereas the Municipality of Clarington wishes to protect the health of the environment and our residents; And whereas the Municipality of Clarington is fast becoming a “dumping ground” for the Region of Durham’s waste; General Government Committee Minutes February 28, 2022 4 Now therefore be it resolved that the Municipal of Clarington is vehemently opposed to the Region of Durham’s proposal to run a pilot project using incinerator ash and/or plastics and/or other waste materials anywhere in Clarington. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried on a recorded vote (7 to 0) 5. Presentations/Delegations 5.3 Delegation by Len Healey, Clarington Slo-Pitch, Regarding Report CSD- 004-22 Outdoor Permit Rates and Fees 2022 Len Healey, Clarington Slo-Pitch, was present regarding Report CSD-004-22 Outdoor Permit Rates and Fees 2022. Len explained that the organization agrees with the recommendations contained in the Report. 5.4 Delegation by Nik Papanikolas, Regarding New Business - Trudeau Walkway Nik Papanikolas was present regarding New Business - Trudeau Walkway. Nik expressed concerns regarding large groups of students, smoking, and harassment and stated the situation has been getting worse. Nik Papanikolas noted that the matter was brought forward years ago and requested that Committee support Councillor Traill's motion to close the walkway. Nik answered questions from Members of Committee. Recess Resolution # GG-104-22 Moved by Councillor Traill Seconded by Councillor Hooper That the Committee recess for 5 minutes. Carried The meeting reconvened at 10:43 a.m. with Mayor Foster in the Chair. 5.5 Delegation by Dave Zakos, Regarding New Business - Trudeau Walkway Dave Zakos was present regarding New Business - Trudeau Walkway. Dave agreed with the concerns raised by Nik Papinokolas. Dave Zakos stated that numerous residents are walking in the area and the students will not move, forcing the residents to walk on the road. Dave expressed concerns regarding traffic and harassment from students and answered questions from Members of Committee. General Government Committee Minutes February 28, 2022 5 Alter the Agenda Resolution # GG-105-22 Moved by Councillor Traill Seconded by Councillor Anderson That the Agenda be altered to consider Item 8.1.6, New Business - Trudeau Drive Walkway, at this time. Carried 8. Staff Reports, Staff Memos and New Business Consideration 8.1 Public Works 8.1.6 New Business - Trudeau Drive Walkway (Councillor Traill) Resolution # GG-106-22 Moved by Councillor Traill Seconded by Councillor Anderson Whereas residents in the vicinity of the Trudeau Drive walkway have been subjected to vandalism, graffiti, crime, smoking and swearing; as a result of teenagers gathering on the street at the beginning of the school day, the end of the school day and during the school day; And whereas residents on Trudeau Drive may experience slower emergency response times from ambulance and fire due to personal vehicles of parents dropping off children causing congestion in the street before and after school; And whereas Council has been attempting to fix this issue for approximately ten years, including holding several meetings with two principals of Bowmanville High School, holding a public meeting with Staff and residents and the School Board at Bowmanville High School, canvassing the neighbourhood in December 2012 and a Council resolution to install No Stopping signs and Miovision cameras in an effort to address the ongoing issues without closing the walkway; and And whereas the problems not only persist but have gotten worse in recent years, resulting in at least one resident moving away from the neighbourhood and another resident being too afraid to speak up for fear of retaliation by students with student massing continuing in the walkway and adjoining street at all hours of the day and night; And whereas young children who currently use the walkway to access the Duke of Cambridge can access the elementary school via Liberty Street which is a minor detour, and will have a safer walk to school with less exposure to cigarette smoke and bullying by teenagers in the walkway; General Government Committee Minutes February 28, 2022 6 Now therefore be it resolved: That Staff, Durham Region Police Service, and any interested members of Council, meet with Scott Johnson, Bowmanville High School principal, and members of the Kawartha Pine Ridge District School Board to discuss a potential resolution of the Trudeau Drive Walkway issue, including (but not limited to): moving the smoking section to another location on school property and prohibiting of pick-ups and drop-offs from Trudeau Drive; and That a survey (online and paper) be conducted, of all residents on Marchwood Crescent and Trudeau Drive, on whether residents support: a) closure of the walkway, or b) keeping the walkway open but prohibiting pick-ups and drop offs on Trudeau Drive and moving the smoking section from the walkway to another area on school property (i.e. at the east end of the field or in the parking lot of Bowmanville High School). Referred Later in the meeting, see following motions. Recess Resolution # GG-107-22 Moved by Councillor Traill Seconded by Councillor Anderson That the Committee recess for 5 minutes. Carried The meeting reconvened at 11:45 a.m. with Mayor Foster in the Chair. Suspend the Rules Resolution # GG-108-22 Moved by Councillor Neal Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting until 12:1 5 p.m. Carried General Government Committee Minutes February 28, 2022 7 Resolution # GG-109-22 Moved by Councillor Neal Seconded by Councillor Zwart That Item 8.1.6, regarding New Business - Trudeau Walkway, be referred to Staff to report back at the March 21, 2022, General Government Committee meeting, for options on how to proceed on addressing the issues with the Trudeau Drive Walkway. Carried as Amended Later in the Meeting See following motion. Resolution # GG-110-22 Moved by Councillor Traill Seconded by Councillor Anderson That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG-109-22 for a second time. Carried Resolution # GG-111-22 Moved by Councillor Traill Seconded by Councillor Hooper That the foregoing Resolution #GG-109-22 be amended by replacing the words "March 21" with the words "April 11". Carried Main Motion as Amended: Resolution # GG-112-22 Moved by Councillor Neal Seconded by Councillor Zwart That Item 8.1.6, regarding New Business - Trudeau Walkway, be referred to Staff to report back at the April 11, 2022, General Government Committee meeting, for options on how to proceed on addressing the issues with the Trudeau Drive Walkway. Carried The Committee recessed for their one hour scheduled break in accordance with the Procedural By‑law. The meeting reconvened at 1:10 p.m. with Mayor Foster in the Chair. General Government Committee Minutes February 28, 2022 8 6.Reports/Correspondence Related to Presentations/Delegations Item 6.1, New Business – Bottom Ash was considered after item 5.2. 6.2 CSD-004-22 Outdoor Permit Rates and Fees 2022 Resolution # GG-113-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report CSD-004-22 and any related communication items be received; That the proposed rates for January 1, 2022, to December 31, 2022, in Attachment 1 to Report CSD-004-22, be approved; That subsequent Outdoor Permit Rates and Fees be incorporated into Community Services rates and fees moving forward; That the current 10% non-resident surcharge for Community Services be applied to outdoor permit rates and fees; and That all interested parties listed in Report CSD-004-22 and any delegations be advised of Council’s decision. Carried 7. 7.1 Communications Resolution # GG-114-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Items 7.1 to 7.3, with the exception of 7.2, be received for information. Carried Minutes of the Newcastle Village Community Hall Board dated December 12, 2021 Resolution # GG-115-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Item 7.1, Minutes of the Newcastle Village Community Hall Board dated December 12, 2021, be received for information. Carried General Government Committee Minutes February 28, 2022 9 7.3 Patrick McNeil, Chair, Elexicon Corporation, Regarding Elexicon Financial Information Request Resolution # GG-116-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Item 7.3, Patrick McNeil, Chair, Elexicon Corporation, Regarding Elexicon Financial Information Request, be received for information. Carried 7.2 Wendy Bracken, Regarding a Request for an Environmental Ass essment Resolution # GG-117-22 Moved by Councillor Neal Seconded by Councillor Anderson That Communication Item 7.2, Wendy Bracken, Regarding a Request for an Environmental Assessment, be received for information. Carried 8. Staff Reports, Staff Memos and New Business Consideration 8.1 Public Works Councillor Hooper chaired this portion of the meeting. Resolution # GG-118-22 Moved by Mayor Foster Seconded by Councillor Zwart That Reports PWD-003-22 and PWD-004-22 be approved on consent, in accordance with the agenda. Carried 8.1.1 PWD-003-22 Northglen West Phase 3 Subdivision, Plan 40M-2606 Assumption By-Law Resolution # GG-119-22 Moved by Mayor Foster Seconded by Councillor Zwart That Report PWD-003-22 be received; That the draft By-law (Attachment 2), assuming certain streets within Plan 40M- 2606 and adjacent plan 40M-2560 (Attachment 1), be approved; and General Government Committee Minutes February 28, 2022 10 That all interested parties listed in Report PWD-003-22 and any delegations be advised of Council’s decision. Carried 8.1.2 PWD-004-22 Brookhill Phase 3 Subdivision, Plan 40M-2580 Assumption By- Law Resolution # GG-120-22 Moved by Mayor Foster Seconded by Councillor Zwart That Report PWD-004-22 be received; That the draft By-law (Attachment 2), assuming certain streets within Plan 40M- 2580 (Attachment 1), be approved; and That all interested parties listed in Report PWD-004-22 and any delegations be advised of Council’s decision. Carried 8.1.3 PWD-005-22 Sidewalk Snow Clearing Resolution # GG-121-22 Moved by Mayor Foster Seconded by Councillor Anderson That Report PWD-005-22 and any related communication items, be received; and That all interested parties listed in Report PWD-005-22 and any delegations be advised of Council’s decision. Carried 8.1.4 New Business - Future Connection for the Farewell Creek Trail (Councillor Neal) Resolution # GG-122-22 Moved by Councillor Neal Seconded by Councillor Jones That Staff be directed to complete the future connection for the Farewell Creek Trail near Darlington Blvd. in 2022. Carried Later in the meeting, see following motion. General Government Committee Minutes February 28, 2022 11 Resolution # GG-123-22 Moved by Mayor Foster Seconded by Councillor Neal That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG-122-22 for a second time. Carried The foregoing Resolution #GG-122-22 was then put to a vote and carried. 8.1.5 New Business - Snow Clearing on Highway 2 from Townline Road to Courtice Road (Councillor Neal) Resolution # GG-124-22 Moved by Councillor Neal Seconded by Councillor Jones That Staff be directed to clear snow and ice from all sidewalks on Highway 2 from Townline Road to Courtice Road. Referred Resolution # GG-125-22 Moved by Mayor Foster Seconded by Councillor Neal That the foregoing Resolution #GG-124-22 be referred to Staff to include in the upcoming snow clearing report. Carried Resolution # GG-126-22 Moved by Councillor Neal Seconded by Mayor Foster That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG-125-22 for a second time. Carried That the foregoing Resolution #GG-125-22 was then put to a vote and carried. Item 8.1.6, New Business – Trudeau Walkway was considered after item 5.5. 8.2 Community Services Councillor Traill chaired this portion of the meeting. General Government Committee Minutes February 28, 2022 12 8.2.1 CSD-005-22 2021 Annual Accessibility Update Resolution # GG-127-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report CSD-005-22 and any related communication items, be received; That Report CSD-005-22 be placed on the Municipal website; and That all interested parties listed in Report CSD-005-22 be notified of Council’s decision. Carried 8.3 Legislative Services Councillor Jones chaired this portion of the meeting. 8.3.1 LGS-003-22 2022 Municipal Elections – Accessibility Plan Resolution # GG-128-22 Moved by Councillor Zwart Seconded by Mayor Foster That Report LGS-003-22 be received; and That all interested parties listed in Report LGS-003-22, and any delegations be advised of Council’s decision. Carried 8.4 Financial Services Councillor Neal chaired this portion of the meeting. Resolution # GG-129-22 Moved by Mayor Foster Seconded by Councillor Hooper That Reports FSD-005-22 and FSD-006-22 be approved on consent, in accordance with the agenda. Carried General Government Committee Minutes February 28, 2022 13 8.4.1 FSD-005-22 2021 Annual Commodity Hedging Compliance Report Resolution # GG-130-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report FSD-005-22 be received for information. Carried 8.4.2 FSD-006-22 2021 Annual Leasing Report Resolution # GG-131-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report FSD-006-22 be received for information. Carried 8.4.3 FSD-010-22 2021 Council Remuneration Resolution # GG-132-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report FSD-010-22 be received for information. Carried 8.4.4 FSD-011-22 Roof Remediation at Courtice Community Complex and Garnet B. Rickard Recreation Complex Resolution # GG-133-22 Moved by Mayor Foster Seconded by Councillor Hooper That Report FSD-011-22 and any related communication items, be received; That the Industrial Roofing Services Inc. with a bid amount of $736,803.00 (excluding HST) being the lowest bidder meeting all terms, conditions and specifications of tender CL2021-36 be awarded the contract for the work required to complete the roof remediation at Courtice Community Complex and Garnet B. Rickard Recreation Complex as requested by the Community Services Department; and General Government Committee Minutes February 28, 2022 14 That the funds required for this project in the amount of $736,803.00 (excluding HST) is in the approved budget allocation as provided and will be funded from the following account: Description Account Number Amount 2020 CCC – Building Improvements 110-42-421-84249- 7401 $545,798 Canada Community Building Fund R/F 557-00-000-00000- 7418 47,095 2021 – Facility Roof Replacements 110-42-421-84285- 7401 91,600 Municipal Capital Works R/F 511-00-000-00000- 7418 52,310 That all interested parties listed in Report and any delegations be advised of Council’s decision. Carried 9. Unfinished Business 10. Questions to Department Heads/Request for Staff Report(s) Mayor Foster chaired this portion of the meeting. 10.1 Improvements to Parking Lot at Tooley's Mill Park (Councillor Neal) Resolution # GG-134-22 Moved by Councillor Neal Seconded by Councillor Jones That Staff report back at the March 21, 2022, General Government Committee meeting on improvements that need to be made to the parking lot at Tooley’s Mill Park, including the surface, signage, and the date when the Municipality will assume control of the parking lot. Carried General Government Committee Minutes February 28, 2022 15 10.2 Anaerobic Digestor (Councillor Neal) Resolution # GG-135-22 Moved by Councillor Neal Seconded by Councillor Anderson That the Director of Legislative Services/Municipal Solicitor report back at the March 14, 2022, Council meeting on the anaerobic digestor arbitration and next steps. Referred Resolution # GG-136-22 Moved by Councillor Neal Seconded by Councillor Anderson That the foregoing Resolution #GG-135-22 be referred to the end of the agenda in Closed Session. Carried Members of Committee asked questions of Department Heads. 11. Confidential Items 11.1 PWD-002-22 Potential Property Acquisition Closed Session Resolution # GG-137-22 Moved by Councillor Neal Seconded by Councillor Anderson That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing two matters (Report PWD-002-22 Potential Property Acquisition and an Update on the Anaerobic Digestor) that deal with:  a proposed or pending acquisition or disposition of land by the municipality or local board; and  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. Carried Rise and Report The meeting resumed in open session at 2:58 p.m. General Government Committee Minutes February 28, 2022 16 Mayor Foster advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to Staff. Anaerobic Digestor Resolution # GG-138-23 Moved by Councillor Neal Seconded by Councillor Anderson That the Director of Legislative Services/Municipal Solicitor report back at the March 14, 2022, Council meeting on the anaerobic digestor arbitration and next steps. Carried 12. Adjournment Resolution # GG-139-22 Moved by Councillor Hooper Seconded by Councillor Anderson That the meeting adjourn at 3:03 p.m. Carried