Loading...
HomeMy WebLinkAbout2022-03-14• Cbrington If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 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. 1 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. 2 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 3 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 12 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. 5 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 n 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 7 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. n. 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 9