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HomeMy WebLinkAbout2022-06-20Clarbgton If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: June 20, 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 Regrets: Councillor c. Traill Staff Present: M. Dempster, J. Newman, G. Acorn, S. Brake, R. Maciver, T. Pinn, M. Chambers, M. Perini, Other Staff Present: L. Backus, B. Radomski, L. Reck, R. Warne 1. Call to Order Mayor Foster called the meeting to order at 6:30 p.m. Mayor Foster welcomed everyone back into the Council Chambers and noted that this was the first in person meeting in over two years. 2. Moment of Reflection Councillor Anderson led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Anderson recited the Land Acknowledgement Statement. 4. Declaration of Interest Councillor Neal declared an indirect interest in Items 11.2 - LGS-013-22 - Appointment of Integrity Commissioner and 15.9 - 2022-039 - Being a by-law to appoint an Integrity Commissioner for the Municipality of Clarington, as he is involved in a legal proceeding with the Integrity Commissioner. 5. Announcements Members of Council announced upcoming community events and matters of community interest. Clarbgton June 20, 2022 Council Minutes 6. Adoption of Minutes of Previous Meeting 6.1 Minutes of a regular meeting of Council dated May 30, 2022 Resolution # C-134-22 Moved by Councillor Jones Seconded by Councillor Hooper That the minutes of a regular meeting dated May 30, 2022, be approved. Carried 7. Presentations / Delegations 7.1 2022 Clarington Senior of the Year Award (Ontario Honours and Awards Program) 0 DERJ) J) R AJSU+h1C WdGAW1111❑❑❑Ei6 W+iii HXJi $ Z DLGW4@Mai DNWn Mayor Foster recognized the accomplishments of Ilona, a long standing volunteer with the Bowmanville Older Adult Association. Mayor Foster thanked Ilona on behalf of the Municipality of Clarington and the Members of Council. 7.2 2022 Awards of Academic Excellence Mayor Foster welcomed students, parents, and the public to the presentation of the ❑❑ W C OI$ Z DL&J" FDG -IP LFA] [:FHOUHFq WD&I®P schools were asked to submit the name of a student who, in their opinion, has demonstrated academic excellence combined with a commitment to leadership and community service. Mayor Foster recognized Joshua Kuchmak, from Knox Christian School, Chigozie Okpalugo from St. Elizabeth Elementary School, Abby Hayes from St. Francis of Assisi Elementary School, Cater Peios from St. Mother Teresa Elementary School and Maddie Harloff-Leech from Vincent Massey School who could not be present due to conflicting schedules. Mayor Foster recognized the following elementary students and presented them with a personal framed certificate: Bailey Timmins, Courtice Intermediate School Pranavi Patalia, Courtice North Public School Nethuki Galmangoda Guruge, Dr. Emily Stowe Public School Mathi Maheswaran, Dr. Ross Tilley Public School Maisie Colville, Duke of Cambridge Public School Kafany Clarke, Good Shepherd Elementary School Owen White, Harold Longworth Public School 2 Clarbgton Sarah Brandreth, Holy Family Elementary School Wyatt Heerschop, John M. James Public School Lauren Roelans, Lydia Trull Public School Claire Murphy, M.J. Hobbs Senior Public School Grace Arnold, Monsignor Leo Cleary Elementary School ( QHI I- Yl --U% M RVHSKW ®P HQOUI6 FKRFZO Leah Crawford, S.T. Worden Public School Jackson Grant, The Pines Senior Public School Lily Marriott, Waverley Public School June 20, 2022 Council Minutes Mayor Foster recognized the following secondary students and presented them with a personal framed certificate and bursary: Ashlyn Nelson, from St. Stephens Secondary School Mollie Slemon, Clarington Central Secondary School Adam Likogiannis, Clarke High School Lia Henry, Courtice Secondary School Erica Rozema, Durham Christian High School Christian Vanermeer, Holy Trinity Secondary School Jacob Luxton, St. Stephen's Secondary School Recess Resolution # C-135-22 Moved by Councillor Neal Seconded by Councillor Zwart That the Council recess for 5 minutes. Carried The meeting reconvened at 7:11 p.m. with Mayor Foster in the Chair. 8. Reports/Correspondence Related to Presentations/Delegations 3 Clarington 9. Consideration of Minutes 9.1 Advisory Committee Minutes Resolution # C-136-22 Moved by Councillor Hooper Seconded by Councillor Zwart That Advisory Committee Report Items 9.1.1 to 9.1.6, be approved. Carried June 20, 2022 Council Minutes 9.1.1 Minutes of the Clarington Accessibility Advisory Committee dated May 4, 2022 9.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC) dated May 10, 2022 9.1.3 Minutes of the Clarington Heritage Committee dated May 17, 2022 9.1.4 Minutes of the Active Transportation and Safe Roads Advisory Committee dated May 19, 2022 9.1.5 Minutes of the Clarington Diversity Advisory Committee dated June 9, 2022 9.1.6 Minutes of the Agricultural Advisory Committee dated June 8, 2022 9.2 Standing Committee Minutes 9.2.1 Minutes of the General Government Committee dated June 6, 2022 Resolution # C-137-22 Moved by Councillor Jones Seconded by Councillor Neal That the recommendations contained in the General Government Committee Minutes of June 6, 2022, be approved on consent with the exception of items 8.4.7 and 8.1.3. Carried Item 8.4.7 - FSD-029-22 - Newcastle Community Park Construction Resolution # C-138-22 Moved by Councillor Neal Seconded by Councillor Zwart That Report FSD-029-22 and any related delegations or communication items, be received; That the bid received from Quality Property Services having the lowest price meeting specification in the amount of $3,217,520.39 (Net HST Rebate) and 2 Clarbgton June 20, 2022 Council Minutes subject to a satisfactory reference check be awarded the contract for Newcastle Community Park Construction; That should Council select recommendation #3, the total funds required for this project is $3,962,646.79 (Net HST Rebate), which includes the construction cost of $3,217,520.39 (Net HST Rebate) and other costs including design, material testing, contract administration, permit fees and contingencies in the amount of $745,126.40 (Net HST Rebate); and that the budget increase in the amount of $2,387,646.79 (Net HST Rebate) to fund the Newcastle Community Park project be approved from eligible Development Charges Reserve Funds and the Municipal Capital Works Reserve Fund at the discretion of the Treasurer; and That all interested parties listed in Report FSD-029-22 and any delegations be DGya4iG[I [Ell REMOVIA31+1VIRCE Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart Absent (1): Councillor Traill Carried on a recorded vote (6 to 0) Item 8.1.3 - Clarington Waterfront Trail Signs Resolution # C-139-22 Moved by Councillor Jones Seconded by Councillor Neal That Staff purchase and install as sooC RWE®IIE[l❑LZKLWFMLN-NMil- t❑ 3 HC-MWW✓E11:a n d 1111E-1CO3tZ E16 ®'Z 1� RZ CSC❑ D15KIALl Q/ -I ❑ trails indicated by the Active Transportation, Safe Roads Committee ❑ Sign Group. Carried 9.2.2 Minutes of the Special General Government Committee dated June 13, 2022 Resolution # C-140-22 Moved by Councillor Neal Seconded by Councillor Hooper That the minutes of the Special General Government Committee meeting of June 13, 2022 be approved on consent. Carried 5 Clarbgton June 20, 2022 Council Minutes 9.2.3 Minutes of the Planning and Development Committee dated June 13, 2022 Resolution # C-141-22 Moved by Councillor Anderson Seconded by Councillor Neal That the recommendations contained in the Planning and Development Committee Minutes of June 13, 2022 be approved on consent with the exception of item 12.1. Carried Item 12.1 - Terms of Reference for an Interim Control Bylaw for Employment Lands Resolution # C-142-22 Moved by Councillor Neal Seconded by Councillor Jones That Staff be directed to report back on the terms of reference for a study for an interim control by-law, for all employment lands with appropriate exceptions, in September 2022. Motion Withdrawn, later in the meeting, see following motions Recess Resolution # C-143-22 Moved by Councillor Neal Seconded by Councillor Zwart That the Council recess for 5 minutes. Carried The meeting reconvened at 7:34 p.m. with Mayor Foster in the Chair. The foregoing Resolution #C-143-22 was then withdrawn by the mover. 9.2.3.1 Memo -037-22 - Courtice Waterfront and Energy Park Secondary Plan ❑ Alternative Bike -Lane Standards Resolution # C-144-22 Moved by Councillor Neal Seconded by Councillor Jones That Memo -037-22 - Courtice Waterfront and Energy Park Secondary Plan ❑ Alternative Bike -Lane Standards, be received for information. Carried 0 Clarbgton 10. Communications June 20, 2022 Council Minutes 10.1 Motion regarding a Community Warning Program similar to Amber Alert Suspend the Rules Resolution # C-145-22 Moved by Councillor Hooper Seconded by Councillor Neal That the Rules of Procedure be suspended to introduce a motion regarding a Community Warning Program. Carried Resolution # C-146-22 Moved by Councillor Hooper Seconded by Councillor Neal Whereas we have all become aware of the recent tragic death of Draven Graham, an 11 year old child on the autistic spectrum, after walking away from the family home; and Whereas the Amber Alert has been very effective in announcing to the public children who have been abducted; Whereas a similar alert program for those who have special needs who leave family custody would be seem to be warranted in the Province of Ontario; Therefore Be it Resolved that the Council of the Municipality of Clarington request the Province of Ontario to develop and implement a community warning program similar to Amber Alert for those persons of special needs or circumstance who leave the care givers or locations and potentially themselves at risk; and That copies of this resolution be forwarded to Premier Ford, the leaders of the Opposition parties in Ontario, all Durham MPs and MPPS, Durham Region, the District School Boards in Durham Region, all Durham municipalities, and the Durham Regional Police Service to ask them to support the resolution. Carried 7 Clarbgton 11. Staff Reports and Staff Memos June 20, 2022 Council Minutes 11.1 CSD -013-22 -Fee Assistance Update to Support Ukrainian Newcomers Resolution # C-147-22 Moved by Councillor Neal Seconded by Councillor Zwart That Report CSD -013-22 and any related delegations or communication items, be received; That the Community Services Fee Assistance Program (FAP) be updated to include Canada -Ukraine Authorization for Emergency Travel be included as acceptable documentation for eligibility; and That staff be authorized to make administrative changes to the Program, as necessary, including updating acceptable documentation for qualification, to be able to best respond to future needs of our community. Carried 11.2 LGS-013-22 -Appointment of Integrity Commissioner Councillor Neal declared an idirect interest in Item 11.2 - LGS-013-22 - Appointment of Integrity Commissioner due to legal proceedings with the current Integrity Commissioner. Councillor Neal refrained from discussion and voting on the matter. Resolution # C-148-22 Moved by Councillor Zwart Seconded by Councillor Hooper That Report LGS-013-22, and any related delegations or communication items, be received; That the Municipality of Clarington appoint Principles Integrity as Integrity Commissioner for the Term of Council (2022-2026) commencing November 15, 2022, subject to the Council of the Regional Municipality of Durham approving and authorizing the appointment of Principles Integrity in accordance with s. 223.3(1) of WHO ❑C LRSDC$ FVVIXFQHi5 HJ LRCM ❑CLFLSDWRI i� ❑UCP VLJW WU Commissioner, with the option to renew for an additional Council term; That authority is granted to the Deputy CAO/Solicitor to execute an agreement with Principles Integrity for provision of Integrity Commissioner services for the Term of Council (2022-2026) to implement the provisions of Report LGS-013-22; Clarington June 20, 2022 Council Minutes That the by-law (Attachment 1 to Report LGS-013-22), confirming the appointment of Principles Integrity, as Integrity Commissioner, with an effective date of the by- law being the later of the date of passage OR the date which Council of the Regional Municipality of Durham has appointed Principles Integrity as the Regional 0 ❑QFI,SDWR 1� ❑UCP ViI (W llm RPP LqiGU)001 I HFU3:Em the Municipal Clerk), be approved; 7IUM WI I [IEH Eii QUID! $ FFR❑QLEWW DQG-7 IDWDIJIU= Z HESDtJ HARTZ 0 3 I.IIC.FI90J[ (W ILMVCDppointment coming into effect; and That all interested parties listed in Report LGS-013-22, and any delegations, be CRZU-GR = Carried Councillor Neal returned to the meeting. 11.3 PWD -015-22 -Transport Canada -Rail Safety Improvement Program Agreement ❑ Cobbledick Road Resolution # C-149-22 Moved by Councillor Neal Seconded by Councillor Jones That Report PWD -015-22 and any related delegations or communication items, be received; That the By -Law attached to Report PWD -015-22, as Attachment 1, to authorize the Mayor and Clerk to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation seal, a Rail Safety Improvement Program Agreement (RSIP) for grade level crossing improvements at Cobbledick Road in Newcastle, between the Government of Canada and the Corporation of the Municipality of Clarington, be approved; and That all interested parties listed in Report PWD -015-22 and any delegations be Carried 11.4 PWD -016-22 -Paving and Possible Improvements to West Beach Road Resolution # C-150-22 Moved by Councillor Neal Seconded by Councillor Jones That Report PWD -016-22 and any related delegations or communication items, be received; and That the Gravel Removal and Replacement option in the amount of $12,000 be approved and implemented in 2022. 0 Clarbgton Yes (3): Councillor Anderson, Councillor Jones, and Councillor Neal No (3): Mayor Foster, Councillor Hooper, and Councillor Zwart Absent (1): Councillor Traill Motion Lost on a recorded vote (3 to 3) Resolution # C-151-22 Moved by Councillor Zwart Seconded by Councillor Hooper June 20, 2022 Council Minutes That Report PWD -016-22 and any related delegations or communication items, be received; and That the Paving and Possible Improvements to West Beach Road be referred to the 2023 Budget. Carried 11.5 FSD-030-22 - Debenture for Newcastle Community Park Resolution # C-152-22 Moved by Councillor Zwart Seconded by Councillor Anderson That Report FSD-030-22 and any related delegations or communication items, be received; That, in accordance with resolution #GG -240-22, up to $3,217,520.39 for the new Newcastle Community Park, be funded through debenture at the discretion of the Deputy CAO/Treasurer with repayment to be through development charges as applicable; That the Deputy CAO/Treasurer is authorized to make application to the Region of Durham for the necessary debenture, such terms at the discretion of the Deputy CAO/Treasurer not to exceed 20 years in any single issue; and That all interested parties listed in Report FSD-030-22 and any delegations be advised of Council's decision. Carried 10 Clarbgton June 20, 2022 Council Minutes 11.6 PDS -032-22 - Application for Removal of Holding by Nutshell Investments Limited at 2832 Courtice Road, Courtice Resolution # C-153-22 Moved by Councillor Neal Seconded by Councillor Jones That Report PDS -032-22 and any related delegations or communication items, be received; That the application submitted by Nutshell Investments Limited to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PDS -032- 22; 7 KD& ELRI 15 HSRIM' 6 -032-22 be forwarded to the Region of Durham, Planning and Economic Development Department and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PDS -032-22 and any delegations be Carried 11.7 Memo -038-22 - Funding Update for Bowmanville Boat Launch Rehabilitation Resolution # C-154-22 Moved by Councillor Neal Seconded by Councillor Hooper That Memo -038-22 - Funding Update for Bowmanville Boat Launch Rehabilitation be received; and That the Boat Launch Rehabilitation be referred to the 2023 Budget. Yes (5): Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart No (1): Mayor Foster Absent (1): Councillor Traill Carried on a recorded vote (5 to 1) 12. Business Arising from Procedural Notice of Motion 11 Clarbgton June 20, 2022 Council Minutes 13. Unfinished Business 13.1 CAO-005-22 - Clarington Economic Development Strategy Resolution # C-155-22 Moved by Councillor Hooper Seconded by Councillor Zwart That Report CAO-005-22, and any related delegations or communication items, be received for information; That Council adopt the Economic Development Strategy in principle; That Staff be authorized to advance the catalyst projects as outlined in this report; That Staff prepare an implementation report to be presented as part of the SLIHSDI RI❑1R❑CFLC VMI❑❑❑-2026 Corporate Strategic Plan; and That all interested parties listed in Report CAO-005-11❑CEH IIDR❑CFLCVLI decision. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwa rt No (2): Councillor Jones, Councillor Neal Absent (1): Councillor Traill Carried on a recorded vote, later in the meeting, see following motions (4 to 2) Resolution # C-156-22 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-155-22 for a second time. Carried The foregoing Resolution #C-155-22 was then put to a vote and carried. 12 Clarbgton June 20, 2022 Council Minutes 14. Confidential Items Closed Session Resolution # C-157-22 Moved by Councillor Neal Seconded by Councillor Hooper That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following: • a matter that deals with personal matters about an identifiable individual, including municipal or local board employees; and • a matter that deals with labour relations or employee negotiations. Carried 14.1 CAO -006-22- Collective Bargaining CUPE Local 74 14.2 Confidential Verbal update by Mary -Anne Dempster, CAO, regarding a matter that deals with personal matters about an identifiable individual, including municipal or local board employees and with labour relations or employee negotiations 14.3 CAO -007-22 - Regarding matter that deals with personal matters about an identifiable individual, including municipal or local board employees and with labour relations or employee negotiations Rise and Report The meeting resumed in open session at 9:40 p.m. Mayor Foster advised that two items were G1/Fd accordance with Section 239(2) of the Municipal Act, 2001, as Item 14.2 and 14.3 were related to the same matter, and two resolutions were passed to provide direction to staff. 14.3 CAO -007-22 - Regarding matter that deals with personal matters about an identifiable individual, including municipal or local board employees and with labour relations or employee negotiations - Continued Resolution # C-158-22 Moved by Councillor Zwart Seconded by Councillor Anderson That Confidential Report CAO -007-22 be received; and That the CAO be authorized to enter into single source contracts for the fulfillment of the Streamline Development Approval Fund given the tight Provincial timelines for the implementation of the Fund, and the number of contracts required to maximize the funding envelope under the Fund. 13 Clarbgton June 20, 2022 Council Minutes Carried 15. By-laws Resolution # C-159-22 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-laws 2022-031 to 2022-040, with the exception of By-laws 2022-033 and 2022-039; and That the said by-laws be approved. Carried 15.1 2022-031 - Being a By-law to exempt a certain portion of Registered Plan 40M-2679 from Part Lot Control 15.2 2022-032 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.4 2022-034 - 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 2022-035 - Being a by-law to provide for the maintenance, management, regulation, and control of the cemeteries in the Municipality of Clarington 15.6 2022-036 - Being a By-@IZ 1VR[IDGGC6F❑HG❑®I=E1:WHI11I-P MAdEC3l1FHm I,st, to the Fee By-law 2010-142 15.7 2022-037 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.8 2022-038 - Being a by-law to authorize the Corporation of the Municipality of Clarington to enter into the Rail Safety Improvement Program Agreement with the Government of Canada. 15.10 2022-040 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.3 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-160-22 Moved by Councillor Jones Seconded by Councillor Neal That By-law 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, be referred to the September 19, 2022, Council Meeting. 14 Clarbgton June 20, 2022 Council Minutes Yes (2): Councillor Jones and Councillor Neal No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Absent (1): Councillor Traill Lost on a recorded vote (2 to 4) Resolution # C-161-22 Moved by Councillor Hooper Seconded by Councillor Zwart That By-law 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, be approved. Yes (3): Mayor Foster, Councillor Hooper, and Councillor Zwart No: (3) Councillor Anderson, Councillor Jones and Councillor Neal Absent (1): Councillor Traill Lost on a recorded vote, later in the meeting (3 to 3) Resolution # C-162-22 Moved by Councillor Jones Seconded by Councillor Neal That the Rules of Procedures be suspended to allow Members of Council to speak to the foregoing Resolution #C-161-22 for a second time. Carried The foregoing Resolution #C-161-22 was then put to a recorded vote and lost. Resolution # C-163-22 Moved by Councillor Neal Seconded by Councillor Jones That By-law 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, be deferred to the September 19, 2022, Council Meeting. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones and Councillor Neal No: (1) Councillor Zwart Absent (1): Councillor Traill Carried on a recorded vote (5 to 1) 15 Clarington June 20, 2022 Council Minutes 15.9 2022-039 - Being a by-law to appoint an Integrity Commissioner for the Municipality of Clarington Councillor Neal declared an indirect interest in Item 15.9 - By-law 2022-039 - Being a By-law to appoint an Integrity Commissioner for the Municipality of Clarington due to legal proceedings with the current Integrity Commissioner. Councillor Neal refrained from discussion and voting on the matter. Resolution # C-164-22 Moved by Councillor Zwart Seconded by Councillor Hooper That By-law 2022-039 - Being a by-law to appoint an Integrity Commissioner for the Municipality of Clarington, be approved. Carried Councillor Neal returned to the meeting. 16. Procedural Notices of Motion 17. Questions to Department Heads / Request for Staff Report(s) Councillor Hooper announced he will not be running in the 2022 Municipal Election. Councillor Hooper reflected on his time as a Local Councillor for Ward 2 over the last 16 years and thanked all former and current Staff and Members of Council. 18. Confirming By -Law Resolution # C-165-22 Moved by Councillor Hooper Seconded by Councillor Zwart That leave be granted to introduce By-law 2022-041, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 20th day of June, 2022; and That the said by-law be approved. Carried 19. Adjournment Resolution # C-166-22 Moved by Councillor Hooper Seconded by Councillor Zwart That the meeting adjourn at 10:21 p.m. Carried 16