HomeMy WebLinkAbout2022-12-12Clarington
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Council Minutes
Date: December 12, 2022
Time: 6:30 p.m.
Location: Council Chambers or Microsoft Teams
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor C. Traill,
Councillor M. Zwart, Councillor W. Woo, Councillor L. Rang,
Councillor S. Elhajjeh
Staff Present: M. Dempster, G. Acorn, S. Brake, R. Cowan, R. Maciver,
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 Traill led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Traill recited the Land Acknowledgement Statement
4. Declaration of Interest
Mayor Foster declared a direct interest in Item 5.1.1 of the Planning and
Development Committee Minutes - Report PDS-058-22, 200 Baseline Road West —
Request for Community Infrastructure and Housing Accelerator Order.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting
6.2 Minutes of a special meeting of Council dated November 16, 2022
6.3 Minutes of a regular meeting of Council dated November 21, 2022
Resolution # C-207-22
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the minutes of a special meeting dated November 16, be approved; and
That the minutes of a regular meeting dated November 21, 2022, be approved.
Carried
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6.1 Minutes of a regular meeting of Council dated September 19, 2022
Resolution # C-208-22
Moved by Councillor Woo
Seconded by Councillor Anderson
That the minutes of a regular meeting dated September 19, 2022, be approved.
Carried
7. Presentations / Delegations
7.1 A Gift of Art and the Visual Arts Centre - Proceeds of the Love of Art Gala
Mayor Foster presented cheques in the amount of $19,788.51 to Ann Harley, A Gift
of Art and to Dionne Powlenzuk, Visual Arts Centre of Clarington for the proceeds
of the 2022 for The Love of Art Gala.
7.2 Ryan Guetter, Weston Consulting regarding PDS-054-22 - More Homes Built
Faster Act, 2022 (Bill 23); Comments
Ryan Guetter, Weston Consulting was present via electronic means regarding
PDS-054-22 - More Homes Built Faster Act, 2022 (Bill 23); Comments. Ryan was
present on behalf of the Soper Hills and Soper Springs Secondary Plan Area
landowners. R. Guetter requested that the Municipality of Clarington continue to
dedicate resources to the Secondary Plans and Sub Watershed Studies. Ryan
explained that these Secondary Plans are dependent on agreements with the
Municipality, and they are actively working with Staff. R. Guetter stated that the
Secondary Plans are scheduled for approval next year and that they have provided
correspondence with additional remarks. Ryan recognizes how this is affecting the
Municipality and that there are impacts of doubling the housing. R. Guetter
explained that these Secondary Plans are well positioned, and the target approval
should be included as part of the allocation of approved units. Ryan noted that
these can be readily available as part of the Housing Pledge and that there are
opportunities in these areas to accommodate the increased housing. R. Guetter
asked that, once approved, the landowners be able to contribute to the Housing
Pledge to allow the Municipality to meet the required number of homes. Ryan
answered questions from the Members of Council.
8. Reports/Correspondence Related to Presentations/Delegations
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9. Consideration of Minutes
9.1 Advisory Committee Minutes
December 12, 2022
Council Minutes
9.1.1 Minutes of the Agricultural Advisory Committee dated August 25, October 13
and November 10, 2022
9.1.2 Minutes of the Clarington Diversity Committee dated September 22 and
October 27, 2022
9.1.3 Minutes of the Clarington Heritage Committee dated September 20, October
18 and November 15, 2022
9.1.4 Minutes of the Newcastle Arena Board dated November 8, 2022
9.1.6 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
(SWNAMAC) dated September 19, 2022
Resolution # C-209-22
Moved by Councillor Anderson
Seconded by Councillor ElhaJeh
That Advisory Committee Report Items 9.1.1 to 9.1.6, be approved with the
exception of item 9.1.5.
Carried
9.1.5 Minutes of the Clarington Accessibility Advisory Committee dated September
7 and October 12, 2022
Resolution # C-210-22
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the minutes of the Clarington Accessibility Advisory Committee dated
September 7 and October 12, 2022, be approved.
Carried
9.1.3.1 Bonica Leung, Tribute Communities regarding Demolition Permit
Application (Project Number 22.044)
This matter was considered during item 9.1.3 of the Minutes of the Clarington
Heritage Committee dated September 20, 2022.
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9.2 Standing Committee Minutes
9.2.1 Minutes of the General Government Committee Meeting dated November 28,
2022
Resolution # C-211-22
Moved by Councillor Zwart
Seconded by Councillor Elhajjeh
That the minutes of the General Government Committee meeting of November 28,
2022, be approved on consent, with the exception of item 8.1.1.
Carried
Item 8.1.1 - PDS-059-22 - Province's Proposed Amendments to the Greenbelt
Plan, 2022
Resolution # C-212-22
Moved by Councillor Anderson
Seconded by Councillor Rang
That Report PDS-059-22 and any related delegations or communication items, be
received;
That Report PDS-059-22 be received as the Municipal comments on the Province's
proposed Amendments to the Greenbelt Plan, 2022 (ERO Postings 019-6216, 019-
6217);
That the Municipality of Clarington objects to any removal of land in the greenbelt;
and
That, notwithstanding Council's objection, if the Nash/Hancock lands identified in
Attachment 3 to this report are removed from the Greenbelt as part of the
Province's efforts to address Ontario's housing crisis, the developer be required by
the Province to provide:
A minimum 1.5-hectare parcel of developable land or cash -in -lieu equivalent
for the provision of affordable housing in Clarington; or
2. A minimum of ten per cent affordable, non-profit housing units within the
development on the Nash/Hancock lands.
That should the Province remove the Nash/Hancock lands identified in Attachment
3 of this report from the Greenbelt:
1. That Staff be directed to prepare the necessary planning instruments (e.g.
secondary plan, zoning, conditions of plan of subdivision and site plan), as
required, in collaboration with the developer to facilitate the development of
subject lands in accordance with the Province's expeditated timelines
required to support the start of construction by 2025; and
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2. That the works required to be undertaken by the Municipality referenced in
Recommendation 4a. of this report be wholly paid for by the developer.
That a copy of Report PDS-059-22 be forwarded to the Ministry of Municipal Affairs
and Housing;
That parkland dedication in existence as of today's date, be required;
That all interested parties listed in Report PDS-059-22 and any delegations be
advised of Council's decision.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Zwart, Councillor Rang, and
Councillor Elhajjeh
No (2): Councillor Traill, and Councillor Woo
Carried on a recorded vote (5 to 2)
9.2.1.1 Libby Racansky regarding PDS-059-22 - Province's Proposed Amendments to
the Greenbelt Plan, 2022
This matter was considered during item 8.1.1 of the Minutes of the General
Government Committee dated November 28, 2022.
9.2.1.2David Crome regarding PDS-059-22 - Province's Proposed Amendments to
the Greenbelt Plan, 2022
This matter was considered during item 8.1.1 of the Minutes of the General
Government Committee dated November 28, 2022.
9.2.2 Minutes of the Special Planning and Development Committee Meeting dated
December 5, 2022
Resolution # C-213-22
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the recommendations contained in the Special Planning and Development
Committee Minutes of December 5, 2022, be approved on consent with the
exception of item 4.8.
Carried
Recess
Resolution # C-214-22
Moved by Councillor Woo
Seconded by Councillor Anderson
That the Council recess for 10 minutes.
Carried
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The meeting reconvened at 7:49 p.m. with Mayor Foster in the Chair.
Item 4.8 - PDS-054-22 More Homes Built Faster Act, 2022 (Bill 23), Comments
Resolution # C-215-22
Moved by Councillor Woo
Seconded by Councillor Zwart
That Report PSD-054-22 be received;
That Report PSD-054-22 be adopted as the Municipality of Clarington's comments
to the Province on the proposed changes introduced under the More Homes Built
Faster Act, 2022 (Bill 23) with the following additional comments;
• the proposed changes in Bill 23 would significantly reduce municipal
collections from developers to pay for and deliver infrastructure to support
population growth (e.g. development charges for road improvements,
stormwater infrastructure, parks, recreational facilities, libraries, etc.);
• the Municipality of Clarington supports the principle that growth should pay
for growth;
Staff have reviewed the proposed changes to Development Charges,
Parkland Dedication, and Community Benefit Charges and have quantified
the anticipated financial impact on Development Charges over a 10-year
period to be a reduction of approximately $18.3M, equating to $1.8M per
year or an annual tax levy increase of 2.6% and which does not include
funding shortfalls related to other exclusions, discounts, Parkland Dedication
and Community Benefits Charges;
with the proposed reduction in municipal revenues from development
charges (DCs), community benefit charges and cash -in -lieu of parkland
dedication fees collected from developers, a larger burden of the growth -
related infrastructure costs will shift to property taxes / existing residents and
businesses;
while Bill 23 may provide for more housing units, significantly reducing land
use and infrastructure planning oversight of upper and lower tier
municipalities, as well as conservation authorities, has the potential to cause
public safety impacts (e.g. traffic, parking, flooding issues, water quality, air
quality), as well as the loss of natural heritage and culture heritage
resources, parkland, and overall good land use planning practices that would
otherwise provide for a mix of housing options in sustainable, livable
communities;
• by limiting third -party appeal rights, Bill 23 may result in faster approval
processes, but limits public participation in a process that has long-term
impacts on the local community;
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• it also limits the ability of neighbours to bring forward concerns about a
development that may directly affect the use of their property;
• Bill 23 will require that Heritage registers be reviewed and decisions made
whether listed properties are to be designated, and if not, then removed from
the register within 2 years; once removed, those properties cannot be added
back to the Register for another 5 years;
• Bill 23 provides no mechanisms to ensure, and it is unclear how, any
potential savings from the proposed changes would be passed on to the
homebuyer to ensure long-term affordability;
• an increase in supply does not necessarily mean an increase in affordability;
• Bill 23 will create a significant burden on municipal staff resources to
implement the proposed changes, at a time when many municipalities are
dealing with increased (financial and staffing) constraints;
That Provincial intervention in the form of settlement area boundary expansions,
Minister's Zoning Orders and changes to the Greenbelt is not required, nor is it
supported because Clarington has sufficient housing capacity in the form of
approved and planned residential units to accommodate the Province's assigned
Housing Target of 13,000 homes by 2031;
That Staff be directed to assess and include the resources necessary (staffing,
consulting) to address the implications resulting from Bill 23 as part of the 2023
Budget;
That Clarington is concerned about the impacts that the More Homes Built Faster
Act, 2022 (Bill 23) could have for the people of Clarington, including Seniors and
those on fixed income who cannot afford property tax increases that could result
from the loss of development charges;
That community services, building design, park space, sprawl and unplanned
density are also of concern to Clarington;
That Clarington Staff be directed to work with AMO, OBCM and Durham Region to
develop a plan to mitigate the impacts of Bill 23 on the quality of life in our
communities;
That a copy of Report PSD-054-22 and Council's decision be sent to the
Hounarable Doug Ford, Premier of Ontario, Honourable Steve Clark, Ministry of
Municipal Affairs and Housing, Honourable David Piccini, Minister of Environment,
Conservation and Parks, Todd McCarthy, MPP Durham, John Henry, Durham
Region Chair, Durham, conservation authority partners, and the other Durham
Region area municipalities, The Association of Municipalities of Ontario; and
That all interested parties listed in Report PSD-054-22 and any delegations be
advised of Council's decision.
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Yes (6): Mayor Foster, Councillor Anderson, Councillor Zwart, Councillor Woo,
Councillor Rang, and Councillor Elhajjeh
No (1): Councillor Traill
Carried as Amended, see following motions (6 to 1)
Resolution # C-216-22
Moved by Councillor Rang
Seconded by Councillor Woo
That the foregoing Resolution #C-215-22 be amended by adding the following:
"the effect of Bill 23 is to reduce the amount available park space in new
developments given their importance of our families and their quality of life."
Carried
The foregoing Resolution #C-215-22 was then put a vote and carried as amended.
9.2.2.1 Ryan Guetter, Weston Consulting regarding PDS-054-22 - More Homes Built
Faster Act, 2022 (Bill 23); Comments
This matter was considered during item 4.8 of the Minutes of the Special Planning
and Development Committee dated December 5, 2022.
9.2.2.2Victoria Mortelliti, BiLD regarding PDS-051-22, Bill 109, More Homes for
Everyone Act, 2022 and Bill 13 Supporting People and Businesses Act, 2021 -
a Recommended Path Forward for the Development Process
This matter was considered during item 4.9 of the Minutes of the Special Planning
and Development Committee dated December 5, 2022.
9.2.3 Minutes of the Planning and Development Committee Meeting dated
December 5, 2022
Resolution # C-217-22
Moved by Councillor Anderson
Seconded by Councillor Rang
That the recommendations contained in the Planning and Development Committee
Minutes of December 5, 2022, be approved on consent with the exception of item
5.1.1.
Carried
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Item 5.1.1 - PDS-058-22 200 Baseline Road West — Request for Community
Infrastructure and Housing Accelerator Order
Mayor Foster declared a direct interest in Item 5.1.1 as he is on the Board of
Durham Region Non -Profit Housing Corporation. Mayor Foster left the room and
refrained from discussion and voting on the matter. Councillor Woo assumed the
chair.
Resolution # C-218-22
Moved by Councillor Zwart
Seconded by Councillor Elhajjeh
That Report PDS-058-22 and any related communication items, be received for
information only;
That Council support a request to the Province for a Community Infrastructure and
Housing Accelerator (CIHA) order at 200 Baseline Road West in Bowmanville for
the provision of non-profit housing;
That Council support a CIHA request for relief from the Zoning By-law (Attachment
1) for the purpose of expediting the development of non-profit housing;
That comments received at the public meeting be incorporated as part of the Site
Plan review process as considered appropriate by the Director of Planning and
Infrastructure Services.
That Council only consider requests for ministerial orders that support affordable
and non-profit housing as well as job creation projects.
That Council add the Community Infrastructure and Housing Accelerator (CIHA) to
the Municipality's Affordable Housing toolkit for non-profit housing.
That the Durham Regional Planning and Economic Development Department and
the Ministry of Municipal Affairs and Housing be forwarded a copy of Report PDS-
058-22 and Council's decision; and
That all interested parties listed in Report PDS-058-22 and any delegations be
advised of Council's decision.
Yes (5): Councillor Anderson, Councillor Traill, Councillor Zwart, Councillor Woo,
and Councillor Elhajjeh
No (1): Councillor Rang
Conflict (1): Mayor Foster
Carried on a recorded vote (5 to 1)
Mayor Foster returned to the meeting and assumed the chair.
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9.2.3.1 Randy Miller regarding PDS-058-22 200 Baseline Road West — Request for
Community Infrastructure and Housing Accelerator Order
This matter was considered during item 5.1.1 of the Minutes of the Planning and
Development Committee dated December 5, 2022.
10. Communications
10.1 Memo-045-22 - Insurance Costs for Outdoor Skating Rinks
Suspend the Rules
Resolution # C-219-22
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the Rules of Procedure be suspended to introduce a motion regarding
insurance costs for outdoor skating rinks.
Carried
Resolution # C-220-22
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
Whereas Outdoor Ice -Skating Rinks provide Clarington residents with a fun
recreational activity to help improve physical, mental and overall well-being during
the winter months;
And whereas in accordance with the existing Public Works Department Policy,
Outdoor Ice Skating Rinks may be constructed on Public lands and be maintained
by volunteers from the local neighbourhood;
And whereas staff of the Public Works Department will provide the initial set-up of
the Outdoor Ice Skating Rinks, providing the conditions of the Policy are met which
includes the submission and approval of an application by the local volunteers and
proof of insurance naming Clarington as an additional insured;
Now therefore be it resolved:
1. That the cost of insurance be reimbursed to the volunteers once the rink set-
up is complete and all required maintenance practices have been
established; and
2. That all interested parties be notified of Council's decision.
Carried Later in the Meeting, see following motion
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Resolution # C-221-22
Moved by Councillor Elhajjeh
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #C-220-22 for a second time.
Carried
The foregoing Resolution #C-220-22 was then put to a vote and carried.
11. Staff Reports and Staff Memos
12. Business Arising from Procedural Notice of Motion
13. Unfinished Business
14. Confidential Items
15. By-laws
15.1 2022-054 - Being a by-law to amend By-law 2014-059 entitled "a By-law to
Regulate Traffic and Parking on Highways, Private Property and Municipal
Property"
15.2 2022-055 - Being a by-law to provide for the maintenance, management,
regulation, and control of the cemeteries in the Municipality of Clarington,
and to repeal the previous Cemetery By-law and amendments
15.3 2022-056 - Being a by-law to repeal By-law 2016-077, to authorize the
appointment of ADR Chambers and Arbitrators as the Ombudsman for the
Municipality of Clarington (Municipal Ombudsman)
15.4 2022-057 - Being a by-law to authorize an Interim Tax Levy for 2023
15.5 2022-058 - Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington, to assume certain streets
within Clarington as public highways in the Clarington, and to name them
15.6 2022-059 - Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington, to assume certain streets
within Clarington as public highways in the Clarington, and to name them
15.7 2022-060 - Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington, to assume certain streets
within Clarington as public highways in the Clarington, and to name them
15.8 2022-061 - Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington, to assume certain streets
within Clarington as public highways in the Clarington, and to name them
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15.9 2022-062 - Being a by-law amend By-law 2017-086, the Building By-law, to
appoint Brendan Grigg as Deputy Chief Building Official for the Corporation
of the Municipality of Clarington
15.10 2022-063 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
15.11 2022-064 - Being a By-law to amend By-laws 84-63 and 2005-109
15.12 2022-065 - Being a By-law to exempt a certain portion of Block 34, Registered
Plan 40M-2612 from Part Lot Control
15.13 2022-066 - Being a By-law to amend Schedule A of the Fee By-law 2010-142
Resolution # C-222-22
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That leave be granted to introduce By-laws 2022-054 to 2022-066; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
17. Questions to Department Heads / Request for Staff Report
Councillor Woo enquired about the recent extended power outage in Newcastle
and asked about warming centres being available in the Municipality.
Councillor Anderson enquired about any reports coming forward on traffic calming.
17.1 Request for Staff Report on Speeding in Clarington
Recess
Resolution # C-223-22
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the Council recess for five minutes.
Carried
The meeting reconvened at 8:36 p.m. with Mayor Foster in the Chair.
Resolution # C-224-22
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That Staff be requested to report back on the impacts of speeding in Clarington
communities, specifically in school zones and community safety zones.
Carried
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18. Confirming By -Law
Resolution # C-225-22
Moved by Councillor Anderson
Seconded by Councillor Woo
December 12, 2022
Council Minutes
That leave be granted to introduce By-law 2022-067, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 12th day of December, 2022; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-226-22
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the meeting adjourn at 8:39 p.m.
Carried
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