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Council Minutes
Date: February 13, 2023
Time: 9:30 a.m.
Location: Council Chambers or Microsoft Teams
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor S. Elhajjeh,
Councillor L. Rang, Councillor C. Traill, Councillor W. Woo,
Councillor M. Zwart
Staff Present: M. Dempster, G. Acorn, S. Brake, R. Cowan, R. Maciver, T.
Pinn, C. Salazar, J. Gallagher, M. Chambers
Other Staff Present: M. Machacek, M. Pick
1. Call to Order
Mayor Foster called the meeting to order at 9:30 a.m.
2. Moment of Reflection
Councillor Elhajjeh recited the moment of reflection at the end of the announcement
section of the agenda.
3. Land Acknowledgement Statement
Councillor Elhajjeh led the meeting with the Land Acknowledgement Statement.
4. Declaration of Interest
There were no disclosures of interest stated at the meeting.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
6. Presentations / Delegations
7. Reports/Correspondence Related to Presentations/Delegations
8. Consideration of Minutes
ClaringtonFebruary 13, 2023
Council Minutes
8.1 Adoption of Minutes of Previous Council Minutes
8.1.1 Minutes of a regular meeting of Council dated January 23, 2023
8.1.2 Minutes of a special meeting dated February 3, 2023
8.2 Advisory Committee Minutes
8.2.2 Minutes of the Clarington Diversity Committee dated November 24, 2022
Resolution # C-021-23
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That Items 8.1.1, 8.1.2, 8.2.1 and 8.2.2 be approved on consent with the exception
of item 8.2.1.
Carried
8.1.2 Minutes of the Agricultural Advisory Committee dated January 12, 2023
Resolution # C-022-23
Moved by Councillor Woo
Seconded by Councillor Zwart
That the minutes of the Agricultural Advisory Committee dated January 12, 2023,
be approved.
Carried
8.3 Standing Committee Minutes
8.3.1 Minutes of the Special General Government Committee meeting dated
January 20, 2023
Resolution # C-023-23
Moved by Councillor Elhajjeh
Seconded by Councillor Rang
That the minutes of the Special General Government Committee of January 20,
2023, be approved on consent.
Carried
8.3.2 Minutes of the Special General Government Committee meeting dated
January 27, 2023
Resolution # C-024-23
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the minutes of the Special General Government Committee of January 27,
2023, be approved on consent.
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Carried
February 13, 2023
Council Minutes
8.3.3 Minutes of the Special General Government Committee meeting dated
January 30, 2023
Resolution # C-025-23
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That the Minutes of the Special General Government Committee meeting dated
January 30, 2023, be approved on consent with the exception of Item 7.1.
Carried
Item 7.1 - Report FSD-004-23 - 2023 Operating and Capital Budget
Resolution # C-026-23
Moved by Councillor Traill
Seconded by Councillor Woo
That Report FSD-004-23 and any related delegations or communication items, be
received;
That the 2023 Draft Budget Book be amended to reduce the transfer from the Tax
Rate Stabilization Reserve Fund by $940,000;
That the 2023 Draft Budget Book be amended to reflect the required tax levy
request from the Historic Downtown Bowmanville Business Improvement Area, and
that Council approves the 2023 Budget for the Bowmanville BIA outlined in Report
FSD-004-23;
That Council approves the 2023 Operating and Capital Budgets, as amended
including "external agencies", reserve and reserve fund contributions and the
financing of capital projects as outlined in the 2023 Draft Budget Book (Attachment
#1 to Report FSD-004-23), as directed in FSD-004-23 with the following
amendments:
a) That Staff add a contribution to the expansion of Charles H. Best
Diabetes Centre from the Tax Rate Stabilization Reserve Fund in the
amount of $25,000 and that this amount be included in the 2024 to 2026
budgets.
b) Whereas, a group of residents approached Council in 2022 for
assistance in developing a cricket pitch in Courtice;
And whereas under the direction of Council staff of the Public Works
Department secured the use of the sportsfield at Holy Trinity Catholic
School through the Peterborough Victoria Northumberland and
Clarington Catholic District School Board;
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And whereas funding was also approved by Council to purchase a
storage bunker and a portable cricket pitch mat to assist with the field
set-up;
And whereas another group of residents have now expressed a similar
request for Council's assistance in developing a cricket pitch in
Bowmanville;
Now therefore be it resolved:
1. That the Public Works Department be directed to assist the
Bowmanville group with locating a suitable field location in
Bowmanville or Newcastle for cricket play;
2. That subject to Council's approval of an estimated $20,000 that the
Public Works Department coordinate the procurement of a storage
bunker and a portable cricket pitch mat for the field set-up to be
funded from the Tax Rate Stabilization Fund; and
3. That all interested parties be notified of Council's decision.
c) That Staff add a contribution to the Future Staffing Reserve Fund to the
operating budget from the tax levy in the amount of $170,000.
d) That, for proposed staff funded by the tax levy, the budget be based on a
nine month period with the corresponding reduction directed to the Tax
Rate Stabilization Reserve Fund (approximately $566,700).
e) That Staff be directed to distribute the 2023 Capital and Operating line by
line Budget to all Members of Council who want it.
f) That Staff reduce the contracted services budget for the Strategic Plan in
the Office of the CAO Strategic Initiatives Division and correspondingly
reduce the transfer from the Tax Rate Stabilization Reserve Fund in the
amount of $20,000.
g) Whereas, on January 17, 2022, a major winter storm created significant
operational challenges with Sidewalk Snow Clearing throughout
Clarington;
And whereas, at the January 24, 2022 regular Council meeting, staff of
the Public Works Department were directed to report back on the status
of sidewalk snow clearing operations;
And whereas, at the February 7, 2022 Joint Committee meeting, Council
approved $300,000 in capital funding to purchase equipment for
municipal staff to clear sidewalks on arterial class roadways;
And whereas, due to supply chain issues associated with the Covid 19
pandemic, it was determined that suitable equipment was temporarily
unavailable and the cost to provide this service internally was well
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beyond available levels of staffing resources and the approved capital
funding;
And whereas, on January 26, 2023, another major winter storm caused
delays with the clearing of main arterial sidewalks or in some areas
roadway ploughing operations have covered sidewalks already
maintained by residents;
Now therefore be it resolved:
1. That an additional $600,000 in capital funding from the Capital and
$250,000 in staffing resources be supported in the fourth quarter such
that the Public Works Department can acquire the necessary
resources to clear arterial sidewalks during the 2023/2024 winter
season;
2. That these additional resources also be used to help expedite snow
removal operations in locations with limited storage space or where
resident sidewalks have been inadvertently covered by roadway
ploughing operations; and
3. That all interested parties be notified of Council's decision.
That Staff be directed to request the 2023 budgets for the Orono BIA and the
Newcastle BIA for approval at a subsequent meeting prior to the striking of the tax
rates;
That any cash flow shortfall in the Development Charges Reserve Funds be interim
financed by the Municipal Capital Works Reserve Fund and General Municipal
Reserve Fund, to be repaid with interest, as cash flow permits;
That Report FSD-004-23 be adopted by resolution in accordance with provisions of
Ontario Regulation 284/09 of the Municipal Act, 2001;
That the Deputy CAO/Treasurer is authorized to fund projects which have been
previously approved in the 2019 to 2022 budgets and not completed with funding to
be from the appropriate reserve or reserve fund;
That the appropriate by-laws to levy the 2023 tax requirement for Municipal, Region
of Durham and Education purposes be forwarded to Council for approval, once final
tax policy information is available;
That Financial Services review the current Budget Control Policy and provide
recommendations, if applicable, to Council including the development of multi -year
budgets and a dedicated infrastructure levy; and
That all interested parties listed in Report FSD-004-23 and any delegations be
advised of Council's decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
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No (1): Councillor Traill
February 13, 2023
Council Minutes
Carried as amended, later in the meeting on a recorded vote (6 to 1)
Amendment
Resolution # C-027-23
Moved by Councillor Woo
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
h) That the 2023 Budget be amended to provide $100,000 for Physician
Recruitment funded by the Economic Development Reserve Fund; and
That Staff report to Council on the framework, goals, objectives and
processes for this recruitment prior to any funding being provided.
Carried
Amendment
Resolution # C-028-023
Moved by Councillor Traill
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
i) That Account 100-13-170-00000-7188 - Communications- Printing, remain
at the 2022 Budget amount of $93,175.00 and that the amount to be funded
from the Tax Levy, be reduced by $66,800.
Yes (1): Councillor Traill
No (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Motion Lost on a recorded vote (1 to 6)
Amendment
Resolution # C-029-23
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
i) That the 2023 Budget be amended to increase the contribution to the
Clarington Public Library, Museum and Archives by $68,480 for the funding
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of two additional full-time equivalents to be funded from the Tax Rate
Stabilization Reserve Fund.
Carried
Amendment
Resolution # C-030-23
Moved by Councillor Zwart
Seconded by Councillor Rang
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
j) That the 2023 Budget be amended to reduce the grant to the John Howard
Society by $27,570 and that the Tax Rate Stabilization Reserve Fund draw
be correspondingly reduced.
Carried
Resolution # C-031-23
Moved by Councillor Traill
Seconded by Councillor Anderson
That the ADP invoice showing future increases for ADP be provided to Council.
Yes (1): Councillor Traill
No (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Motion Lost on a recorded vote (1 to 6)
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Amendment
Resolution # C-032-23
Moved by Councillor Traill
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
k) That Account 100-19-191-00000-7161 - MLE Prof Fees, remain at the
2022 Budget amount of $10,000.00 and that the amount to be funded from
the Tax Levy, be reduced by $20,000.
Yes (1): Councillor Traill
No (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Motion Lost on a recorded vote (1 to 6)
Amendment
Resolution # C-033-23
Moved by Councillor Traill
Seconded by Councillor Anderson
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
k) That Account 100-19-192-10100-7505 - Pkg Enforce - Small Equip,
remain at the 2022 Budget amount of $3,000 and that the amount to be
funded from the Tax Levy, be reduced by $2,500.
Yes (1): Councillor Traill
No (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Motion Lost on a recorded vote, later in the meeting, see following motions
(1 to 6)
Resolution # C-034-23
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-033-23 for a second time.
Carried
The foregoing Resolution #C-033-23 was then lost on a recorded vote.
Clarington
Recess
Resolution # C-035-23
Moved by Councillor Zwart
Seconded by Councillor Woo
That the Council recess for 10 minutes.
Carried
February 13, 2023
Council Minutes
The meeting reconvened at 11:05 a.m. with Mayor Foster in the Chair.
Amendment
Resolution # C-036-23
Moved by Councillor Traill
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
k) That Account 100-21-162-00000-7412 - Info Tech-Trsf to RF, remain at
the 2022 Budget amount of $100,000 and that the amount to be funded from
the Tax Levy, be reduced by $100,000.
Yes (1): Councillor Traill
No (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Motion Lost on a recorded vote (1 to 6)
Amendment
Resolution # C-037-23
Moved by Councillor Traill
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
k) That Account 100-21-210-00000-7505 - Finance - Other Equp Purch,
remain at the 2022 Budget amount of $3,500 and that the amount to be
funded from the Tax Levy, be reduced by $13,500.
Yes (1): Councillor Traill
No (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Motion Lost on a recorded vote, later in the meeting, see following motions
(1 to 6)
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Resolution # C-038-23
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-037-23 for a second time.
Carried
The foregoing Resolution #C-037-23 was then lost on a recorded vote.
Amendment
Resolution # C-039-23
Moved by Councillor Traill
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-026-23 be amended by adding the following to
the end of paragraph four:
k) That Account 100-36-380-10350-7112 - Other Fence-Misc Oper Supply,
be reduced by $9,000 for a total of $15,500 and that the amount to be
funded from the Tax Levy.
Motion Withdrawn
Recess
The Committee recessed for their one hour scheduled break in accordance with the
Procedural By- law.
The meeting reconvened at 1:01 p.m. with Mayor Foster in the Chair.
Recess
Resolution # C-040-23
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Council recess for 20 minutes.
Carried
The meeting reconvened at 1:45 p.m. with Mayor Foster in the Chair.
The foregoing Resolution #C-026-23 was then put to a recorded vote and carried as
amended.
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8.3.4 Minutes of the Joint General Government and Planning and Development
Advisory Committee dated February 6, 2023
Resolution # C-041-23
Moved by Councillor Woo
Seconded by Councillor Zwart
That the minutes of the Joint General Government and Planning and Development
Committee Minutes of February 6, 2023, be approved on consent, with the
exception of item 8.3.4.1.
Carried
8.3.4.1 Appointment to the Durham Transit Advisory Committee
The vote was conducted to appoint Pranay Gunti as the citizen representative to
the Durham Region Transit Advisory Committee, in accordance with the
Appointment to Boards and Committees Policy, for a term ending December 31,
2026, or until a successor is appointed.
9. Communications
10. Staff Reports and Staff Memos
11. Business Arising from Procedural Notice of Motion
12. Unfinished Business
13. Confidential Items
14. Direction on whether February 17th Special Meeting is required
Resolution # C-042-23
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the Special Council Committee meeting, tentatively scheduled for February 17,
2023, is no longer required.
Carried
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15. By-laws
February 13, 2023
Council Minutes
15.1 2023-010 -Being a by-law to amend Nuisance By-law No. 2011-099
15.2 2023-011 - Being a By-law to exempt a certain portion of Registered Plan 40M-
2627 from Part Lot Control
Resolution # C-043-23
Moved by Councillor Anderson
Seconded by Councillor Rang
That leave be granted to introduce By-laws 2023-010 to 2023-011; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
17. Questions to Department Heads / Request for Staff Report(s)
18. Confirming By -Law
Resolution # C-044-23
Moved by Councillor Anderson
Seconded by Councillor Woo
That leave be granted to introduce By-law 2023-012, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 13th day of February 2023; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-045-23
Moved by Councillor Rang
Seconded by Councillor Anderson
That the meeting adjourn at 2.13 pm.
Carried
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