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HomeMy WebLinkAbout2023-06-26Cbrington 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 26, 2023 Time: 6:30 p.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. Maciver, T. Pinn, C. Salazar, D. Speed, J. Gallagher, M. Chambers 1. Call to Order Mayor Foster called the meeting to order at 6:32 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 disclosures of interest stated at this meeting. 5. Announcements Members of Council announced upcoming community events and matters of community interest. Clarington June 26, 2023 Council Minutes 6. Presentations / Delegations 6.1 2023 Awards of Academic Excellence Mayor Foster welcomed students, parents, and the public to the presentation of the 22nd Annual "Awards for Academic Excellence". Local elementary and secondary 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. June Gallagher, Municipal Clerk, recognized Raven Kroon from Central Public School, Mia Picard from Dr. Emily Stowe Public School, Scarlett Walker from Dr. Ross Tilley Public School, Keira Potter from Duke of Cambridge Public School, Arabella McCallum from Harold Longworth Public School, Lucy Bause from Holy Trinity Secondary School, Hannah Vokey from John M. James Public School, Cassandra Caruso from Monsignor Leo Cleary Elementary School, Alicia Moneey from Vincent Massey School, Kailey Gaulton from Waverley Public School, Tessa Patenaude, M.J. Hobbs Senior Public School, who could not be present due to conflicting schedules. Mayor Foster and MP Erin O'Toole recognized the following elementary students and presented them with a personal framed certificate: Aikam Bhullar, Courtice Intermediate School Bruce Crowther, Courtice North Public School Grace Knox-Kruis, Good Shepherd Elementary School Makayla Kelly, Holy Family Elementary School Abigail Bent, Knox Christian School Joseph Samuel, Lydia Trull Public School Madison Cargill, St. Elizabeth Elementary School Lacey McCarthy, St. Joseph's Elementary School Brayden Jones Frendo-Cumbo, St. Mother Teresa Elementary School Carter Sankey, S.T. Worden Public School Lily Marriott, Waverley Public School Mayor Foster recognized the following secondary students and presented them with a personal framed certificate and bursary: Lily Bright, Bowmanville High School Keshawn Britton, Clarington Central Secondary School Nevada Piney, Clarke High School 2 Clarington Justine Wilmot, Courtice Secondary School Robin Bick, Durham Christian High School Shagana Premraj, St. Stephen's Secondary School Suspend the Rules Resolution # C-089-23 Moved by Councillor Zwart Seconded by Councillor Woo June 26, 2023 Council Minutes That the Rules of Procedure be suspended to add a Delegation by Ron Hooper, Regarding Report LGS-023-23 Municipal Parking Payment Modernization, to the Agenda. Carried 6.2 Erin O'Toole, MP - 2023 Federal Update The Honourable Erin O'Toole MP, was present to provide a 2023 Federal Update. MP O'Toole thanked the Members of Council for the opportunity, to provide a Federal Update and for their partnership. MP O'Toole noted the importance of all levels of government working together on various federal initiatives. E. O'Toole has valued working with local business such as Unifor and OPG, and many small businesses in Clarington. MP O'Toole noted it has been an honour to work with the Members of Council on several initiatives and would like to compliment Council and Staff for assisting in marketing Clarington and the Region of Durham as a Hub. E. O'Toole stated one of the highlights is the Highway of Heroes and that Clarington, various stakeholders and the public contributed in making this a valuable initiative for those who have had family members travel the Highway of Heroes. As a veteran, MP O'Toole was proud when the community came together for the Light Armoured Vehicle (LAV) Monument Memorial site. MP O'Toole tried to bring professionalism, partnership and being a champion for Clarington to his work and thanked the Members of Council for the collaboration and friendship. Members of Council offered thanks for MP O'Toole. Resolution # C-090-23 Moved by Councillor Zwart Seconded by Councillor Woo That the 2023 Federal Update from The Honourable Erin O'Toole, be received with many thanks. Carried 3 Clarington June 26, 2023 Council Minutes 6.3 Delegation of Robert Payne regarding Report ESD-002-23 - Emergency Response Services Review and Recommendations Robert Payne was present regarding Report ESD-002-23 - Emergency Response Services Review and Recommendations. Robert is a lifelong Clarington resident, who currently lives in Hampton, and is representing himself. R. Payne is a former Firefighter with the Municipality of Clarington who retired in 2011. Robert acknowledged that Clarington has seen significant growth and agrees with most of the recommendations in the Staff Report and has always advocated for more full- time firefighters and fire trucks. R. Payne feels that this is a very aggressive plan and does not agree with phasing out of the part-time firefighters especially Stations three and five. Robert noted that the report contains a large amount of data and is concerned with the comparators that were used. R. Payne stated there are problems recruiting and keeping part-time firefighters and feels they should not be called volunteers. Robert is concerned that what is happening with the Peel Region could be a future possibility for Clarington. R. Payne referred to a report, previously completed by the Fire Marshal, that recommended six fire stations. Robert noted that Clarington is made up of many small communities and the Fire Halls are a large part of those communities, especially Fire Stations Two and Three. R. Payne feels that taxpayers have the right to safety and noted there should be no user fees for emergency services. Robert concluded by requesting that the Fire Stations Three and Five be maintained until they can be staffed by full time firefighters. R. Payne answered questions from the Members of Council. 6.4 Delegation of Ron Diskey regarding Report LGS-022-23 Road Closure and Conveyance Policy Ron Diskey was present regarding Report LGS-022-23 Road Closure and Conveyance Policy. Ron owns a 50-acre property in Clarington and believes this report is from many efforts made through delegations and correspondence to find solutions to access this property. There have been previous staff reports on the issue, including four options previously presented to Council. R. Diskey feels this report lacks any solutions for anyone in this situation and spoke specifically to Section 5.3.1 of the Draft Policy. Ron referred to a by-law from North Frontenac on the similar matter. R. Diskey concluded by asking for the report to be referred back to staff to develop a policy to assist both the landowners and the Municipality. 6.5 Delegation of Mark Jacobs, Biglieri Group, regarding Report PDS-047-23 - Proposed Demolition of Listed Heritage Property: 45 Raynes Ave. Mark Jacobs, Biglieri Group, was present via electronic means regarding Report PDS-047-23 - Proposed Demolition of Listed Heritage Property: 45 Raynes Ave. Mark was present on behalf of the property owners. M. Jacobs noted the property owners are redeveloping the site and it is currently listed on the Municipal Heritage Register. M. Jacobs provided background information on the building and details of the sales of the buildings. Mark noted that the building has been vacant since 2016 and is starting to deteriorate and has been subject to trespassing and vandalism. They have attended a Heritage Committee meeting and will work with 10 Clarington June 26, 2023 Council Minutes the Committee and Staff on developing the site. M. Jacobs noted the property owners are in support of the recommendations in the report. Mark answered questions from the Members of Council. Recess Resolution # C-091-23 Moved by Councillor Woo Seconded by Councillor Zwart That the Council recess for 10 minutes. Carried The meeting reconvened at 8:10 p.m. with Mayor Foster in the Chair. 6.6 Request by Ron Hooper to appear as a delegation to Report LGS-023-23 Municipal Parking Payment Modernization Ron Hooper was present regarding Report LGS-023-23 Municipal Parking Payment Modernization. R. Hooper is a business owner in Downtown Bowmanville and Chair of the Bowmanville BIA. Ron noted the staff report was released the Thursday prior to the June 19t" Joint Committees meeting and the members of the Bowmanville BIA were not aware that the report and recommended changes were coming so quickly. R. Hooper has had a great deal of feedback from the BIA Members and referred to a letter from a downtown business owner. The comments from the letter included acknowledging that there is a need to replace the existing meters, but moving towards only having the mobile app will be detrimental to business owners. There is concern with patrons having no smart phones, no data plans and are not being technically savvy. Ron noted the author of the letter is also concerned with businesses losing business without having a way to pay for parking and is asking for a more inclusive system that will allow for both options and is happy to participate in any discussions. R. Hooper respects that decisions need to be made but is asking for consideration for everyone impacted by those decisions. Ron requested that the timeframe, alternative options, and a communication plan be considered and asked that the report be referred back to staff for further discussion with the Bowmanville BIA. R. Hooper thanked the Members of Council and answered questions. 7. Consent Agenda 7.1 Council and Standing Committee Minutes Resolution # C-091-23 Moved by Councillor Rang Seconded by Councillor Woo 5 Clarington June 26, 2023 Council Minutes That all items listed in Section 7.1, be approved on consent with the exception of Items 6.2.6, 6.2.3, and 6.2.7 of the Joint General Government and Planning and Development Committee Meeting. Carried 7.1.1 Minutes of a regular meeting of Council dated June 12, 2023 7.1.2 Minutes of the Joint General Government and Planning and Development Committee meeting dated June 19, 2023 Item 6.2.6 - Report LGS-022-23 - Road Closure and Conveyance Policy Resolution # C-092-23 Moved by Councillor Zwart Seconded by Councillor Woo That Report LGS-022-23, and any related delegations or communication items, be received; That the Policy attached to Report LGS-022-23, as attachment 1, be adopted with the exception of Section 5.3.1; That the application fee of $250 and the processing fee of $750 be approved for inclusion in the fees by-law; and That all interested parties listed in Report LGS-022-23, and any delegations be advised of Council's decision. Carried Item 6.2.7 - Report LGS-023-23 - Municipal Parking Payment Modernization Resolution # C-093-23 Moved by Councillor Traill Seconded by Councillor Rang That Report LGS-023-23,Municipal Parking Payment Modernization be referred back to the CAO's Office, and that staff report back on machines that accept debit/credit or debit/credit/cash in additional to the mobile app; and That the Bowmanville BIA be engaged in the process. Yes (7): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Traill, Councillor Woo, and Councillor Zwart Carried on a recorded vote (7 to 0) 0 Clarington June 26, 2023 Council Minutes Item 6.2.3 - Report ESD-002-23 - Emergency Response Service Review and Recommendations Resolution # C-094-23 Moved by Councillor Rang Seconded by Councillor Elhajjeh That Report ESD-002-23, and any related delegations or communication items, be received; That the following recommendations, as detailed in Report ESD-002-23, be endorsed; a. Mayor and Council request staff to prepare correspondence for their consideration to be sent to the provincial government requesting the installation of residential sprinklers in all new affordable housing developments; b. Revise the scope of the conceptual design for a new Public Works Depot on municipal -owned property at 2656 Concession Road #4, Bowmanville to incorporate a Public Works/Fire Station/training facility with shared building footprint; c. Pursue the signing of a lease with Region of Durham Paramedic Services for concurrent use of Fire station 5 in Enniskillen; d. Renovate Fire Station 1, Bowmanville to accommodate a full-time two -truck station with an operational by September 2025; e. Hire 20 full-time firefighters to staff an existing fire truck to respond to emergency calls from renovated Fire Station 1, Bowmanville with a hire by September 2025; Fill a minimum of 50% of new firefighter positions from existing volunteer firefighters; That the following items be referred to the budget process: f. Discontinue the Volunteer firefighter program at Station 1 effective January 2026; g. Hire 20 full-time firefighters to staff an existing fire truck to respond to emergency calls from Fire Station 4, Courtice with a hire by September 2027. Fill a minimum of 50% of new firefighter positions from existing volunteer firefighters. Should Council approve the construction of a new Fire Station in conjunction with the Operations Depot at 2656 Concession Road #4, Bowmanville, the new full-time firefighters and fire truck will respond from the new fire station; h. Discontinue the Volunteer firefighter program at Station 4, effective September 2027; 7 Clarington June 26, 2023 Council Minutes That the costs identified in this report, and funding strategy be included in the 2024 to 2027 multi -year budget; That Council direct the Director of Emergency and Fire Services and Fire Chief to implement the recommendations endorsed by Council in Report ESD-002-23; That members of the community of Enniskillen be encouraged to show their support by coming forward to volunteer as a PT firefighter; That Staff be directed to actively recruit for volunteer/PT firefighters using social media and by erecting a sign on the lawn the Enniskillen Fire Station, etc.; and That all interested parties listed in Report ESD-002-23, and any delegations be advised of Council's decision. Carried as Amended Amendment: Resolution # C-095-23 Moved by Councillor Elhajjeh Seconded by Councillor Rang That the foregoing Resolution #C-094-23 be amended by moving Item (e) directly under "That the following items be referred to the budget process". Carried The foregoing Resolution #C-094-23 was then put to a vote and carried as amended. Main Motion as Amended: Resolution # C-097-23 That Report ESD-002-23, and any related delegations or communication items, be received; That the following recommendations, as detailed in Report ESD-002-23, be endorsed; a. Mayor and Council request staff to prepare correspondence for their consideration to be sent to the provincial government requesting the installation of residential sprinklers in all new affordable housing developments; b. Revise the scope of the conceptual design for a new Public Works Depot on municipal -owned property at 2656 Concession Road #4, Bowmanville to incorporate a Public Works/Fire Station/training facility with shared building footprint; Clarington June 26, 2023 Council Minutes c. Pursue the signing of a lease with Region of Durham Paramedic Services for concurrent use of Fire station 5 in Enniskillen; d. Renovate Fire Station 1, Bowmanville to accommodate a full-time two -truck station with an operational by September 2025; That the following items be referred to the budget process: e. Hire 20 full-time firefighters to staff an existing fire truck to respond to emergency calls from renovated Fire Station 1, Bowmanville with a hire by September 2025; Fill a minimum of 50% of new firefighter positions from existing volunteer firefighters; f. Discontinue the Volunteer firefighter program at Station 1 effective January 2026; g. Hire 20 full-time firefighters to staff an existing fire truck to respond to emergency calls from Fire Station 4, Courtice with a hire by September 2027. Fill a minimum of 50% of new firefighter positions from existing volunteer firefighters. Should Council approve the construction of a new Fire Station in conjunction with the Operations Depot at 2656 Concession Road #4, Bowmanville, the new full-time firefighters and fire truck will respond from the new fire station; h. Discontinue the Volunteer firefighter program at Station 4, effective September 2027; That the costs identified in this report, and funding strategy be included in the 2024 to 2027 multi -year budget; That Council direct the Director of Emergency and Fire Services and Fire Chief to implement the recommendations endorsed by Council in Report ESD-002-23; That members of the community of Enniskillen be encouraged to show their support by coming forward to volunteer as a PT firefighter; That Staff be directed to actively recruit for volunteer/PT firefighters using social media and by erecting a sign on the lawn the Enniskillen Fire Station, etc.; and That all interested parties listed in Report ESD-002-23, and any delegations be advised of Council's decision. 7.2 Advisory and Local Board Minutes Resolution # C-098-23 Moved by Councillor Rang Seconded by Councillor Anderson That all items listed in Section 7.2, be approved on consent. Carried 9 Clarington June 26, 2023 Council Minutes 7.2.1 Minutes of the Clarington Task Force for Affordable Housing Committee dated May 9, 2023 7.2.2 Minutes of the Clarington Heritage Committee dated May 16, 2023 7.2.3 Minutes of the Clarington Heritage Committee dated June 6, 2023 7.2.4 Minutes of the Agricultural Advisory Committee dated June 8, 2023 7.2.5 Minutes of the Newcastle Arena Board dated June 13, 2023 7.3 Communications 7.3.1 Correspondence from BILD, regarding Report PDS-041-23 - Parkland and Open Space Dedication By -Law Resolution # C-099-23 Moved by Councillor Rang Seconded by Councillor Elhajjeh That Communication Item 7.3.1 from BILD, regarding Report PDS-041-23 - Parkland and Open Space Dedication By -Law, be received for information. Carried 7.3.2 Correspondence from Jason Horvath, KAPP Infrastructure, regarding a request for Exemption to the Municipality's Noise By-law 2007-071 Region of Durham Project Bowmanville Ave & King St. West D2022-29 Resolution # C-100-23 Moved by Councillor Zwart Seconded by Councillor Anderson That the request for an exemption from KAPP Infrastructure, to the Municipality's Noise By-law 2007-071 for the Region of Durham Project: Bowmanville Avenue Intersection Improvement from July 21, 2023 at 9.00 p.m. to July 24, 2023 at 5.00 a.m., be approved. Carried 7.4 Staff Reports and Staff Memos Resolution # C-101-23 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That all items listed in Section 7.4, be approved on consent. Carried 10 Clarington June 26, 2023 Council Minutes 7.4.1 PDS-047-23 - Proposed Demolition of Listed Heritage Property: 45 Raynes Ave., Bowmanville (former Goodyear) Resolution # C-102-23 That Report PDS-047-23, be received; That the non -designated property and structures located at 45 Raynes Avenue, Bowmanville be removed from the Municipal Heritage Register pursuant to section 27 of the Ontario Heritage Act; That the proposed demolition of the structures, as identified on Attachment 3, be permitted to proceed subject to: a. The property owner providing information to the satisfaction of the Director of Planning and Infrastructure Services demonstrating the necessary approvals from the Ministry of Environment and Climate Change and the Ministry of Labour for the proposed demolition have been obtained; and b. The owner providing a Salvage and Documentation Plan, and Commemoration Plan, as per the Heritage Impact Assessment, to the satisfaction of the Director of Planning and Infrastructure Services; That as requested per Council's Heritage Committee Motion 23.19, that staff work with the property owner and the Committee towards the designation under Part IV of the Heritage Act for the following structures: the Cement House (Building 27), Powerhouse (Building 1), and Chimney Stack. That all interested parties listed in Report PDS-047-23, and any delegations be advised of Council's decision. 7.4.2 CAO-017-23 -Housing Accelerator Fund Application, CAO-017-23 Resolution # C-103-23 That Report CAO-017-23, and any related delegations or communication items, be received; That Staff be directed to submit an application to the Housing Accelerator Fund with a project that can lead to a net increase in the number of affordable housing units in Clarington; That Council approve in principle the Action Plan (Attachment #1) to form part of the application; That the CAO be authorized to approve any changes to the Action Plan, prior to submission of the application; That Council authorize the Mayor and Clerk to execute any necessary agreements regarding the application; and 11 Clarington June 26, 2023 Council Minutes That all interested parties listed in Report CAO-017-23, and any delegations be advised of Council's decision. 7.5 By-laws Resolution # C-104-23 Moved by Councillor Anderson Seconded by Councillor Woo That all items listed in Section 7.5, be approved on consent; and That leave be granted to introduce By-laws 2023-041 to 2023-045 with the exception of By-law 2023-043; and That the said by-laws be approved. Carried 7.5.1 2023-041 - Being a By-law to exempt a certain portion of Registered Plan 40M-2726 from Part Lot Control 7.5.2 2023-042 - Being a By -Law to govern Parkland and Open Space Dedication in the Municipality of Clarington 7.5.3 2023-043 - Being a by-law to amend the Traffic Bylaw 2014-059 (Not Approved) 7.5.4 2023-044 - Being a by-law to require the payment of fees for services 7.5.5 2023-045 - Being a By-law to exempt a certain portion of Registered Plan 40M-2614 from Part Lot Control, Memo-015-23 10. Unfinished Business 10.1 Motion Regarding Extension of West Beach Cottagers Lease Agreement (Referred from the June 12, 2023, Council Meeting) Item 10.1 was considered later in the meeting during the Confidential Items portion of the Agenda. 10.2 Report ESD-002-23 - Emergency Response Service Review and Recommendations (Referred from the June 19, 2023, Joint Committees Meeting) Item 10.2 - Report ESD-002-23 - Emergency Response Service Review and Recommendations, was considered earlier in the meeting, during the Council and Standing Committee Minutes portion of the Agenda. 12 Clarington June 26, 2023 Council Minutes 10.3 CAO-012-23 -Council Remuneration — Impact of Elimination of 1/3 Tax Free Allowance (Referred from the June 19, 2023, Joint Committees Meeting) Resolution # C-105-23 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That Report CAO-012-23 be received; That the 1/3 tax exemption equivalent be applied to 2023 Council salary rates; and That any budget variance incurred be covered through overall Municipal wage gapping. Carried 11. Confidential Items 11.1 Confidential Memo regarding West Beach Cottage Leases - Memo-014-23 Closed Session Resolution # C-106-23 Moved by Councillor Rang Seconded by Councillor Elhajjeh 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 the following: • a proposed or pending acquisition or disposition of land by the municipality of 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 9.50 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 no resolutions were passed. 13 Clarington Recess Resolution # C-107-23 Moved by Councillor Zwart Seconded by Councillor Woo That the Council recess for 10 minutes. Carried June 26, 2023 Council Minutes The meeting reconvened a 9:50 p.m. with Mayor Foster in the Chair. Resolution # C-108-23 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That, notwithstanding Resolution #C-125-18, arising out of Report EGD-010-18, authorizing the CAO to renew leases on an annual basis, the term of the leases between the Municipality of Clarington and the tenants of the following cottages on West Beach of Port Darlington be extended as indicated below: a. The four remaining cottage tenants: Gail and Chuck MacDonald, 17 West Beach Jean Severs, 28 West Beach Sharon Eccles, 6 West Beach Gary Cole, 8 West Beach be granted a lease extension for five years to Dec 31, 2028, on the same terms and conditions set out in the original lease; b. The existing leases be allowed to expire for this year for the agreements with: Adrienne Hyland (daughter of the late Don Adams) — 16 West Beach Robert Lowe (nephew of the late Shirley Fowler) — 32 West Beach; and That all interested parties, and any delegations, be advised of Council's decision. Yes (4): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, and Councillor Traill No (3): Councillor Rang, Councillor Woo, and Councillor Zwart Carried on a recorded vote (4 to 3) 14 Clarftwn June 26, 2023 Council Minutes 12. Confirming By -Law Resolution # C-109-23 Moved by Councillor Anderson Seconded by Councillor Rang That leave be granted to introduce By-law 2023-046, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 26th day of June, 2023; and That the said by-law be approved. Carried 13. Adjournment Resolution # C-110-23 Moved by Councillor Rang Seconded by Councillor Elhajjeh That the meeting adjourn at 10:11 p.m. Carried 15