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Council Minutes
Date: March 14, 2022
Time: 6:30 p.m.
Location: Council Members (in Chambers or MS Teams) I 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, R. Windle, M. Perini
Other Staff Present: F. Langmaid, A. Burke, R. Warne, B. Radomski, L. Reck, R.
Cooper
1. Call to Order
Mayor Foster called the meeting to order at 6:31 p.m.
2. Moment of Reflection
Councillor Zwart led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Zwart recited the Land Acknowledgement Statement.
4. Declaration of Interest
There were no declarations of interest.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
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Council Minutes March 14, 2022
6. Adoption of Minutes of Previous Meeting
6.1 Minutes of a regular meeting of Council dated February 14, 2022
Resolution # C-060-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of a regular meeting dated February 14, 2022, be approved.
Carried
7. Presentations / Delegations
7.2 Wendy Bracken, Regarding Item 8.1, Report PDS-016-22 Update and Next
Steps: Municipal Comments on the Durham York Energy Centre
Throughput Increase from 140,000 to 160,000 Tonnes per Year
Wendy Bracken was present regarding Item 8.1, Report PDS-016-22 Update and
Next Steps: Municipal Comments on the Durham York Energy Centre
Throughput Increase from 140,000 to 160,000 Tonnes per Year. W. Bracken
made a verbal presentation regarding an electronic presentation. Wendy
explained that the Region's responses do not resolve key issues and a detailed
technical and health assessment is needed, that only an individual Environmental
Assessment (EA) will provide. W. Bracken compared the 2011 ESDM to the
2021 Air Quality Impact Assessment (AQIA).
Suspend the Rules
Resolution # C-061-22
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
Wendy stated that the Region did not provide opinions from medical officers or
toxicologists. W. Bracken stated that concerns for the increased tonnage must be
reviewed as there are elevated levels of respiratory irritants. Wendy noted that
the numerous ambient air exceedances can't be ignored and that the connection
to the incinerator is not clear and needs further examination. W. Bracken
requested that Clarington request an elevation request through an individual EA
and answered questions from Members of Council.
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Council Minutes March 14, 2022
7.1 Linda Gasser, Regarding Item 8.1, Report PDS-016-22 Update and Next
Steps: Municipal Comments on the Durham York Energy Centre
Throughput Increase from 140,000 to 160,000 Tonnes per Year
Linda Gasser was present regarding Report PDS-016-22 Update and Next
Steps: Municipal Comments on the Durham York Energy Centre Throughput
Increase from 140,000 to 160,000 Tonnes per Year. L. Gasser made a verbal
presentation to accompany an electronic presentation. Linda explained that it is
important that Council submit an individual EA and added that decisions of
previous Councils have constrained Clarington's ability to protect their resident's
and municipal corporation's interests. L. Gasser stated that the Region's
response to Clarington did not address the concerns and restated her concerns
that the Region did not release the draft AQIA for public consultation. Linda noted
that the Region's response regarding waste composition in the EA screening is
inadequate and that per- and poly-fluoroalkyl substances (PFAS) and ultrafine
particulates (nanoparticles) have not been addressed. L. Gasser requested that
Council support Option 2, to submit an elevation request to the Ministry of
Environment, Conservation and Parks (MECP) as Option 1 will not protect
residents and the municipal corporation. Linda explained that the individual EA
review process is conducted by qualified government review team experts
including toxicologists.
8. Reports/Correspondence Related to Presentations/Delegations
8.1 PDS-016-22 Update and Next Steps: Municipal Comments on the Durham
York Energy Centre Throughput Increase from 140,000 to 160,000 Tonnes
per Year
Resolution # C-062-22
Moved by Councillor Traill
Seconded by Councillor Neal
That Report PDS-016-22, and any related communication items, be received;
That the responses from the Regions of Durham and York (Regions) to the
Municipality's comments on the Durham York Energy Centre (DYEC) throughput
increase (from 140,000 to 160,000 tonnes per year) Environmental Screening
Process be received; and
That Staff be directed to submit an Environmental Assessment elevation request
to the Director of the Environmental Assessment and Approvals Branch, MECP.
Carried as Amended
See following motion
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Council Minutes March 14, 2022
Resolution # C-063-22
Moved by Councillor Neal
Seconded by Councillor Zwart
That the foregoing Resolution #C-062-21 be amended to the following at the end:
"That Staff be directed to request the Ministry of Environment,
Conservation and Parks (MECP):
confirm their review and acceptance of the air quality modelling
methodology, data inputs, and Air Quality Impact Assessment
completed as supporting documentation to the Environmental
Screening Process, and
ii. respond to concerns regarding elevated levels of nitrogen
dioxide, sulphur dioxide and benzo[a]pyrene in the local airshed
and the relative contributions of the DYEC; and further
Staff be directed to prepare a briefing document on planned future
development in the South Courtice Area to support DYEC emissions
dispersion modelling considerations by the Regions and MECP during the
subsequent Environmental Compliance Approval Amendment process."
Carried
8.1.1 Gioseph Anello, M. Eng., P.Eng., PMP, Director, Waste Management
Services, and Laura McDowell, P.Eng., Director, Environmental Promotion
and Protection, Regarding DYEC Throughput Increase Response to the
Municipality of Clarington's Comments
Item 8.1.1 was considered during Item 8.1, PDS-016-22 Update and Next Steps:
Municipal Comments on the Durham York Energy Centre Throughput Increase
from 140,000 to 160,000 Tonnes per Year.
9. Consideration of Minutes
9.1 Advisory Committee Minutes
Resolution # C-064-22
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Advisory Committee Report Items 9.1.1 through to 9.1.6, be approved.
Carried
9.1.1 Minutes of the Agricultural Advisory Committee dated February 10, 2022
9.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated February 8, 2022
9.1.3 Minutes of the Newcastle Arena Board dated February 8, 2022
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Council Minutes March 14, 2022
9.1.4 Minutes of the Accessibility Advisory Committee dated February 2, 2022
9.1.5 Minutes of the Clarington Heritage Committee dated February 15, 2022
9.1.6 Minutes of the Clarington Active Transportation and Safe Roads Advisory
Committee dated March 2, 2022
9.2 Standing Committee Minutes
9.2.1 Minutes of the General Government Committee dated February 28, 2022
Resolution # C-065-22
Moved by Councillor Neal
Seconded by Councillor Zwart
That the recommendations contained in the General Government Committee
Minutes of February 28, 2022, be approved on consent, with the exception of
items 7.3, 8.1.4, and 10.2.
Carried
Item 7.3 - Patrick McNeil, Chair, Elexicon Corporation, Regarding Elexicon
Financial Information Request
Resolution # C-066-22
Moved by Councillor Neal
Seconded by Councillor Jones
That Item 7.3, Patrick McNeil, Chair, Elexicon Corporation, Regarding Elexicon
Financial Information Request, be received for information.
Carried
Item 8.1.4 - New Business - Future Connection for the Farewell Creek Trail
Resolution # C-067-22
Moved by Councillor Neal
Seconded by Councillor Jones
That Item 8.1.4, New Business - Future Connection for the Farewell Creek Trail,
be referred to the March 21, 2022, General Government Committee meeting.
Carried
Item 10.2 - Anaerobic Digestor
Councillor Neal withdrew the "pull" as it was a referral to this meeting and will be
considered as Item 14.1.
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Council Minutes March 14, 2022
9.2.2 Minutes of the Planning and Development Committee dated March 7, 2022
Resolution # C-068-22
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development
Committee minutes of March 7, 2022, be approved on consent, with the
exception of item 9.8.
Carried
Item 9.8 - FSD-013-22 Courtice Waterfront and Energy Park Secondary Plan
- Single Source Courtice Waterfront Park Design
Resolution # C-069-22
Moved by Councillor Neal
Seconded by Councillor Anderson
That Report FSD-013-22 and any related communication items, be received;
That Staff single -source the procurement of design services for the Courtice
Waterfront Design Plan, as part of the Courtice Waterfront Secondary Plan
project; and
That all interested parties listed in Report FSD-013-22 and any delegations be
advised of Council's decision.
Carried
10. Communications
11. Staff Reports and Staff Memos
11.1 Memo-012-22 Connection to Farewell Creek Trail across 43 Darlington
Boulevard
This matter was considered during item 9.2.1, Minutes of the General
Government Committee dated February 28, 2022.
12. Business Arising from Procedural Notice of Motion
13. Unfinished Business
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Council Minutes March 14, 2022
14. Confidential Items
14.1 Verbal Update from Rob Maciver, Director of Legislative Services/Municipal
Solicitor, and Rosalind Cooper, Specialist in Environmental Law, Fasken
Martineau DuMoulin LLP, Regarding the Anaerobic Digestor
Closed Session
Resolution # C-070-22
Moved by Councillor Neal
Seconded by Councillor Zwart
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing a matter that
deals with:
• litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board; and
• advice that is subject to solicitor -client privilege, including communications
necessary for that purpose.
Carried
Rise and Report
The meeting resumed in open session at 8:32 p.m.
Mayor Foster advised that one item was 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.
15. By-laws
Resolution # C-071-22
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-laws 2022-012 to 2022-016; and
That the said by-laws be approved.
Carried
15.1 2022-012 - Being a By-law to establish lay out and dedicate certain lands as
public highways, to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington, and to
name them
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Council Minutes March 14, 2022
15.2 2022-013 - Being a By-law to establish lay out and dedicate certain lands as
public highways, to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington, and to
name them
15.3 2022-014 - Being a By-law to amend Zoning By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of the Municipality of
Clarington
15.4 2022-015 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
15.5 2022-016 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
16. Procedural Notices of Motion
16.1 Tennis Courts (Councillor Neal)
Amend Something Previously Approved
Resolution # C-072-22
Moved by Councillor Neal
Seconded by Councillor Jones
That, in accordance with subsection 10. 12.18 of the Procedural By-law, the
following Resolution #C-055-22, previously adopted by Council on February 14,
2022, be amended by adding words to the end of the first paragraph.
Carried
Amendment
Resolution # C-073-22
Moved by Councillor Neal
Seconded by Councillor Jones
That the following Resolution #C-055-22:
That the following resolution be approved to replace the first paragraph of
Resolution #GG-127-21, to give direction to Staff and time to tender the
project:
That $150,000 be directed, at the discretion of the Director of
Financial Services, for the construction of two tennis courts at the
South Courtice Arena; and
That the Stuart Park refurbishment plan be amended to convert
the existing tennis courts to pickleball courts and that any surplus
be directed to the cost of the new tennis courts at the South
Courtice Arena.
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Council Minutes March 14, 2022
Be amended by adding the following to the end of the first paragraph:
"including the installation of lights with the estimated cost of $75,000 to be
funded from Development Charges".
Carried
17. Questions to Department Heads / Request for Staff Report(s)
18. Confirming By -Law
Resolution # C-074-22
Moved by Councillor Neal
Seconded by Councillor Traill
That leave be granted to introduce By-law 2020-017, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a regular
meeting held on the 14t" day of March, 2022; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-075-22
Moved by Councillor Neal
Seconded by Councillor Anderson
That the meeting adjourn at 8:45 p.m.
Carried
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