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Council Minutes
Date: September 19, 2022
Time: 6:30 p.m.
Location: Council Chambers or Microsoft 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, G. Acorn, S. Brake, R. Maciver, M. Perini, T. Pinn,
C. Salazar, J. Gallagher, M. Chambers
1. Call to Order
Mayor Foster called the meeting to order at 6:30 p.m.
2. Moment of Reflection
Councillor Neal led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Neal recited the Land Acknowledgement Statement.
4. Moment of Silence ❑ to Observe the Passing of Queen Elizabeth II
One minute of silence was held in observance of the passing of Queen Elizabeth II.
5. Declaration of Interest
There were no declarations of interest.
6. Announcements
Members of Council announced upcoming community events and matters of
community interest.
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7. Adoption of Minutes of Previous Meetings
7.1 Minutes of a Regular Meeting dated June 20, 2022
7.2 Minutes of a Special Meeting dated August 18, 2022
7.3 Minutes of a Special Meeting dated September 9, 2022
7.4 Minutes of the Special Council Meeting dated September 12, 2022
Councillor Neal noted that his declarations of interest in the June 20, 2022 Council
Minutes for items 11.2 and 15.9 are noted as direct and should be indirect.
Resolution # C-176-22
Moved by Councillor Neal
Seconded by Councillor Hooper
That the minutes of a regular meeting dated June 20, 2022, be approved;
That the minutes of a special meeting dated August 18, 2022, be approved;
That the minutes of a special meeting dated September 9, 2022, be approved; and
That the minutes of the special meeting dated September 12, 2022, be approved.
Carried
8. Presentations / Delegations
Suspend the Rules
Resolution # C-177-22
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to add Andrew McVey as a delegation
to the Agenda regarding the Region of Durham's Pilot Project using recycled waste
materials in a section of a Newtonville Road.
Carried
8.1 Mary -Ann Muizelaar regarding Report PDS -035-22 - Application for Zoning By-
law Amendment to Permit Agri -Tourism Uses Including a Special Events
Venue at 3582 Morgans Road, Clarke
Mary -Ann Muizelaar was present regarding report PDS -035-22 - Application for
Zoning By-law Amendment to Permit Agri -Tourism Uses Including a Special Events
Venue at 3582 Morgans Road, Clarke. Mary -Ann requested that the staff report
and application be referred back to staff for further consideration as she believes
that it is in contradiction of the Planning Act. M. Muizelaar believes that, when the
application was processed by staff, it was done with outdated and missing studies,
with the incorrect meeting minutes and without keeping the public informed of the
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status of the application. Mary -Ann feels the public was not given notice of the
application and several legislated studies and minutes were with withheld from the
public. M. Muizelaar stated there has been conflicting information within the
documentation and that the procedures in Planning Guidelines and Legislation are
not being followed. Mary -Ann added that the application process must be followed
to build confidence and trust in the proposed land use changes. M. Muizelaar
added that they are not opposed to development but are concerned citizens who
want all of the required planning processes and procedures to be followed. Mary -
Ann continued by listing her concerns with the following items:
• Outdated Hydrogeological Assessment and Opinion Letter
• Missing Noise Assessments
• Outdated Sight Distance Review
• Outdated Site Screening Questionnaire
• Conflicting information in the Justification Reports
• Missing Archaeological Assessments
• Approved Building Permits for Pole Building 6 and Pole Barn 7
• Concerns with Pole Building 6 being identified as being for agricultural use
• Quonset Hut being identified as the main event venue
• The six additional uses that do not require inclusion in the zoning by-law
amendment
• The LPAT (Local Planning Appeal Tribunal) order requiring all meat being
raised on the farm
• Conflicting information regarding what meat will be sold at the property to
support the secondary use.
Mary -Ann concluded by asking for Staff's attention to this application and to ensure
that there is compliance with the Planning Act. M. Muizelaar answered questions
from the Members of Council.
8.2 Rhomi Mann regarding Report PDS -035-22 - Application for Zoning By-law
Amendment to Permit Agri -Tourism Uses Including a Special Events Venue at
3582 Morgans Road, Clarke
Rhomi Mann was present regarding report PDS -035-22 - Application for Zoning
By-law Amendment to Permit Agri -Tourism Uses Including a Special Events Venue
at 3582 Morgans Road, Clarke. Rhomi is supporting the concerns of the local
residents and does not want the application stopped. R. Mann is concerned with
the potential noise and disturbances from the proposed event venue. Rhomi
believes that, if approved, this land use will be in contradiction of the Noise By-law.
R. Mann added that the proposed use of the quonset but for the event venue will
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not stop any sound from travelling. Rhomi asked what considerations have been
made to address these concerns and if Municipal Law Enforcement Officers will be
available to monitor every event for noise. R. Mann listed surrounding banquet
halls and facilities in Durham Region and noted that they are not located near
residential homes. Rhomi explained that they moved to a rural area for peace and
quiet and asked the Members of Council to consider his concerns. R. Mann
answered questions from the Members of Council.
8.3 Beth Meszaros regarding Report PDS -035-22 - Application for Zoning By-law
Amendment to Permit Agri -Tourism Uses Including a Special Events Venue at
3582 Morgans Road, Clarke
Beth Meszaros was present regarding report PDS -035-22 - Application for Zoning
By-law Amendment to Permit Agri -Tourism Uses Including a Special Events Venue
at 3582 Morgans Road, Clarke. Beth expressed concern that the local residents❑
rural lifestyle will be disturbed every weekend in the spring, summer, and fall if this
application is approved. B. Meszaros does not feel the Municipality has adequate
regulations in place that can be addressed in a timely manner. Beth stated that the
list of concerns were not addressed in the staff report and asked how the
Municipality intends to address the following:
• ongoing compliance
• sufficient security and policing
• excessive noise
• intoxication
• trespassing
B. Meszaros asked how the Municipal Staff will address permit compliance and
what measures are in place to monitor the sites primary operation of raising animals
for meat production. Beth asked if the Agricultural Advisory Committee will be
consulted for farming practices to ensure there is compliance. B. Meszaros raised
concerns regarding staff being unaware of meat being sold on the property without
the application for a change of use permit and asked how these are being tracked.
Beth does not feel that having Municipal Law Enforcement visit the site for the first
three events is adequate. B. Meszaros believes that there should be a minimum
separation requirement for residents included in the application. Beth raised
concerns with the six permitted activities requested to be exempt from the By-law
will have no restrictions and will be unregulated. B. Meszaros questioned several
inconsistencies in the reports, missing calculations and significant unexplained
differences in the updated reports. Beth concluded by asking that the Report be
referred back to staff to allow for meetings with the local residents and that the six
additional activities be reviewed. B. Meszaros answered questions from the
Members of Council.
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8.4 Andrew McVey regarding the Region of Durham's Pilot Project Using
Recycled Waste Materials in a Section of a Newtonville Road
Andrew McVey was present regarding the Region of Durham's Pilot Project Using
Recycled Waste Materials in a Section of a Newtonville Road. Andrew stated he is
concerned with the type of recycled waste being used for this section of the road.
A. McVey expressed concern that the waste is not being properly disposed of and
the fill will soon be covered with asphalt. Andrew added that there is approximately
two kilometers of waste dumped on the road by the Region of Durham. A. McVey
explained that this is not what was proposed in the pilot project by the Region of
Durham and is concerned with what is seeping into the watershed. Andrew
referred to several photos and had a bag of disposed waste collected from the area
which he stated included batteries, syringes, long metal objects, etc. A. McVey has
contacted the Ministry of the Environment and asked if the Staff or the Members of
Council were aware of the situation. Andrew answered questions from the
Members of Council.
Suspend the Rules
Resolution # C-178-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to add Karrie Lynn Dymond as a
delegation to the Agenda regarding the Region of Durham's Pilot Project using
recycled waste materials in a section of a Newtonville Road.
Carried
8.5 Karrie Lynn Dymond regarding the Region of Durham's Pilot Project Using
Recycled Waste Materials in a Section of a Newtonville Road
Suspend the Rules
Resolution # C-178-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to add Karrie Lynn Dymond as a
delegation to the Agenda regarding the Region of Durham's Pilot Project using
recycled waste materials in a section of a Newtonville Road.
Carried
Karrie Lynn Dymond was present regarding the Region of Durham's Pilot Project
Using Recycled Waste Materials in a Section of a Newtonville Road. Karrie
believes the Andrew McVey's concerns are valid. K. Dymond would like a tragedy
to be avoided and believes that two weeks until Regional Council meeting is too
long. Karrie is concerned with friends and family drinking the water in the area if
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there are potential hazards from the waste being used as fill on Newtonville Road.
K. Dymond stated that this is a Municipal issue and is asking the Members of
Council for assistance.
Carried
8.6 Christopher Parkinson regarding the Region of Durham's Pilot Project Using
Recycled Waste Materials in a Section of a Newtonville Road
Suspend the Rules
Resolution # C-179-22
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to add Christopher Parkinson as a
delegation to the Agenda regarding the Region of Durham's Pilot Project using
recycled waste materials in a section of a Newtonville Road.
Carried
Christopher Parkinson was present regarding the Region of Durham's Pilot Project
Using Recycled Waste Materials in a Section of a Newtonville Road. Christopher
agreed with the previous delegates but questioned the matter of privacy and
governance under the Emergency Act.
Recess
Resolution # C-180-22
Moved by Councillor Neal
Seconded by Councillor Hooper
That the Council recess for five minutes.
Carried
The meeting reconvened at 8:13 p.m. with Mayor Foster in the Chair.
C. Parkinson concluded by asking if it was the responsibility of the Regional
Councillors to represent the constituents.
Resolution # C-181-22
Moved by Councillor Zwart
Seconded by Councillor Anderson
Whereas the Region of Durham proposed, and is currently in Phase 2 of a Pilot
project, to use recycled waste materials in a section of a Newtonville Road
reconstruction as described in Durham Report #2019 -COW -31 (Section 7), Durham
Report #2020 -INFO -117, and Durham Report #2022-W-12;
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And whereas the Municipality of Clarington unanimously passed Resolution
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And whereas residents have raised concerns to both Durham and Clarington
Councils about the health and environmental impacts of using waste materials in
the road construction;
And whereas Regional staff wrote in Report #2020 -INFO -L❑❑ PW _LVHDQG
quantity of these recycled materials in this road reconstruction project will depend
on the approval of the Ministry of the Environment, Conservation and Parks
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be noted that the use and quantity of the proposed recycled materials in this pilot
project were reviewed by the Ministry of the Environment, Conservation and Parks
(MECP); however, we were advised there is no formal ministry approval process for
the proposal. Ministry staff advised that the Region must be satisfied that the
proposed materials meet relevant engineering standards for road construction and
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And whereas a Clarington resident, on September 15, 2022, sent pictures stated to
have been taken at the road pilot site which appear to show multiple waste
materials beyond recycled plastics and glass and stated in their email that there
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phones and crushed metals, metal hooks, broken razor blades, dental tools, metal
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And whereas this information from the resident has been provided to Regional staff,
as well as Clarington staff and Council;
And whereas the Municipality of Clarington wishes to protect the health of the
environment and our residents,
Now therefore be it resolved that the Municipality of Clarington request that Durham
Region:
a) Advise the Municipality of Clarington, in writing, what steps Durham has
taken to investigate/verify the contents of the pictures and the information
sent by the resident;
b) Provide a prompt, and full, accounting, in writing, to the Municipality of
Clarington of the total quantity (tonnage) and materials composition by waste
category as well as the sources of all waste materials used in the Pilot;
c) Promptly provide all documents to the Municipality of Clarington that the
Region has submitted to the MECP describing the materials and quantities
to be used in the Pilot project;
d) Provide, in writing, a description to the Municipality of Clarington of the
potential adverse impacts of the use of the waste materials depicted in the
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pictures and what potential remedies exist to address the potential adverse
impacts;
e) Provide all of the above information to the Municipality of Clarington at the
earliest possible opportunity;
And that this motion be sent to Durham Regional Council forthwith with copies sent
to the Minister of the Environment Hon. David Piccini, MECP (Durham -York District
Office), and Durham Region CAO Elaine Baxter-Trahair.
Carried as Amended, see following motions
Amendment
Resolution # C-182-22
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the foregoing Resolution #C-181-22 be amended by adding the following as f):
"f) That no further work continue until a full report has been provided."
Carried
Amendment
Resolution # C-183-22
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the foregoing Resolution #C-181-22 be amended by adding the following as
g):
"g) That, if materials described above are found to be part of the road, the
road construction section and materials be removed immediately."
Carried
The foregoing Resolution #C-181-22 was then put a vote and carried as amended.
Alter the Agenda
Resolution # C-184-22
Moved by Councillor Zwart
Seconded by Councillor Jones
That the Agenda be altered to consider Item 6.1 of the Joint General Government
and Planning and Development Committees Minutes of September 12, 2022,
Report PDS -035-22, at this time.
Carried
n.
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Item 6.1 - Report PDS-035-22 - Application for Zoning By-law Amendment to
Permit Agritourism uses Including a Special Events Venue at 3582 Morgans
Road, Clarke
Resolution # C-185-22
Moved by Councillor Zwart
Seconded by Councillor Traill
That Report PDS -035-22, and any related delegations or communication items, be
received;
That the By-law attached to Report PDS -035-22, as Attachment 1, be approved;
That, once all conditions contained in PDS -035-22 with respect to Removal of the
(H) Holding Symbol are satisfied and Site Plan Approval has been granted, the By-
law authorizing the Removal of the (H) Holding Symbol be approved;
That the Durham Regional Planning and Economic Development Department be
forwarded a copy of Report PDS-035-11❑DQGEIR❑CFLDI-&FMRO—
That a representative of Clarington's Municipal Law Enforcement Division attend
the first 3 functions where amplified music will be played at the venue to ensure
compliance with the conditions of operation; and
That all interested parties listed in Report PDS -035-22 and any delegations be
DG M- G_RI n R❑CRQ/LGHFMRCL_I
Carried
9. Reports/Correspondence Related to Presentations/Delegations
10. Consideration of Minutes
10.1 Advisory Committee Minutes
10.1.2 Minutes of the Clarington Accessibility Advisory Committee dated June 1,
2022
10.1.3 Minutes of the Clarington Heritage Committee dated June 21, 2022
10.1.4 Minutes of the Clarington Diversity Committee dated June 23, 2022
10.1.5 Minutes of the Agricultural Advisory Committee dated July 14, 2022
10.1.6 Minutes of the Clarington Affordable Task Force dated August 5, 2022
10.1.7 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
(SWNAMAC) dated August 9, 2022
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Resolution # C-186-22
Moved by Councillor Hooper
Seconded by Councillor Zwart
September 19, 2022
Council Minutes
That Advisory Committee Report Items 10.1.1 to 10.1.8, be approved with the
exception of items 10.1.1 and 10.1.8.
Carried
10.1.1 Minutes of the Newcastle Arena Board dated June 14 and August 16, 2022
Resolution # C-187-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of the Newcastle Arena Board dated June 14 and August 16,
2022, be approved.
Carried
10.1.8 Minutes of a Special Meeting of the Clarington Heritage Committee dated
August 16, 2022
Resolution # C-188-22
Moved by Councillor Hooper
Seconded by Councillor Neal
That the minutes of a Special Meeting of the Clarington Heritage Committee dated
August 16, 2022, be approved.
Carried
10.2 Standing Committee Minutes
10.2.1 Minutes of the Audit and Accountability Committee dated August 9, 2022
Resolution # C-189-22
Moved by Councillor Neal
Seconded by Councillor Hooper
That the minutes of the Audit and Accountability Committee meeting of August 9,
2022 be approved on consent.
Carried
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10.2.2 Minutes of the Joint General Government and Planning and Development
Committee Meeting dated September 12, 2022
Resolution # C-190-22
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the minutes of the Joint General Government and Planning and Development
Committee meeting of September 12, 2022 be approved on consent, with the
exception of item 8.3.1, 8.5.2 and 6.1, which was considered earlier in the meeting
during the delegations.
Carried
Item 8.3.1 CSD -014-22 Community Services User Rates and Fees 2023
Resolution # C-191-22
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report CSD -014-22 and any related communication items, be received;
That Council approve the proposed User Rates and Fees for Community Services
Programs and Services for 2023 as outlined in Attachment 1; and
That approved rates are effective January 1 to December 31, 2023, except for ice,
floor, and indoor field, which will be effective May 1 to December 31, 2023.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (3): Councillor Jones, Councillor Neal, and Councillor Traill
Carried on a recorded vote (4 to 3)
Item 8.5.2 - FSD-034-22 - 2023 Budget Guidelines
Resolution # C-192-22
Moved by Councillor Neal
Seconded by Councillor Jones
That Report FSD-034-22 and any related delegations or communication items, be
received;
That Staff be provided guidance to bring forward a budget with a tax increase of a
maximum 2.5 percent;
That external agencies be advised of the same;
That the 2023 budget schedule, as outlined within Report FSD-034-22, be
approved; and
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That all interested parties listed in Report FSD-034-22 and any delegations be
advised of Council's decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones,
Councillor Neal, and Councillor Traill
No (1): Councillor Zwart
Carried on a recorded vote (6 to 1)
10.2.2.1 Memo-041-22 - Questions Arising from FSD-035-22 Contract Awards During
Council Recess
This matter was considered during item 8.5.3 of the Minutes of the Joint General
Government and Planning and Development Committee dated September 12,
2022.
10.2.2.2 Glen and Donna Middleton regarding Report PDS-035-22 - Application for
Zoning By-law Amendment to Permit Agri-Tourism Uses Including a Special
Events Venue at 3582 Morgans Road, Clarke
This matter was considered during item 6.2 of the Minutes of the Joint General
Government and Planning and Development Committee dated September 12,
2022.
10.2.3 Minutes of the Special Planning and Development Committee Meeting dated
September 12, 2022
Resolution # C-193-22
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the recommendations contained in the Special Planning and Development
Committee Minutes of September 12, 2022 be approved on consent with the
exception of item 4.4.1.
Carried
Item 4.4.1 - PDS -040-22 - Application to amend the Zoning By-law to Allow the
Development of Two Mixed Use Buildings at the Northwest Corner of
Bowmanville Avenue and Aspen Springs Drive in Bowmanville
Resolution # C-194-22
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PDS -040-22, be received for information only;
That Staff receive and consider comments from the public and Council with respect
to the above referenced applications; and
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That all interested parties listed in Report PDS-040-22 and any delegations be
DGMM-GR CILL R_CFLQ/_&FMRCL_I
Carried
11. Communications
11.1 Memo-043-22 - By-laws to Remove (H) Holding Symbol Headgate Group Inc.
and Fostercreek Northwest
Resolution # C-195-22
Moved by Councillor Neal
Seconded by Councillor Anderson
That Memo -043-22 - By-laws to Remove (H) Holding Symbol Headgate Group Inc.
and Fostercreek Northwest, be received for information.
Carried
12. Staff Reports and Staff Memos
13. Business Arising from Procedural Notice of Motion
14. Unfinished Business
14.1 2022-033 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
Resolution # C-196-22
Moved by Councillor Jones
Seconded by Councillor Anderson
That Memo -036-22 - By-law to Remove (H) Holding Symbol Applicant: Headgate
Group Inc., be received for information.
Carried
15. Confidential Items
16. By-laws
16.1 2022-033 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
16.2 2022-046 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
16.3 2022-047 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
16.4 2022-048 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
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16.5 2022-049 - Being a By-law to exempt a certain portion of Registered Plan 40M-
2704 from Part Lot Control
16.6 2022-050 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
Resolution # C-197-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2022-033 and 2022-046 to 2022-050;
and
That the said by-laws be approved.
Carried
17. Procedural Notices of Motion
18. Questions to Department Heads / Request for Staff Report(s)
Councillor Neal asked if developers are permitted to leave mounds of dirt at
municipal parks.
Councillor Neal thanked Staff, the Members of Council, and the Mayor for the last
term of Council and wished everyone the best.
19. Confirming By -Law
Resolution # C-198-22
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2022-051, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 19th day of September, 2022; and
That the said by-law be approved.
Carried
20. Adjournment
Resolution # C-199-22
Moved by Councillor Hooper
Seconded by Councillor Neal
That the meeting adjourn at 9:03 p.m.
Carried
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