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HomeMy WebLinkAbout2024-03-25Cbr• ngton If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: March 25, 2024 Time: 6:30 p.m. Location: Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Members Present: Councillor G. Anderson, Councillor S. Elhajjeh, Councillor L. Rang, Councillor C. Traill, Councillor W. Woo, Councillor M. Zwart Regrets: Mayor A. Foster Staff Present: M. Dempster, R. Maciver, T. Pinn, C. Salazar, D. Speed, J. Gallagher, M. Chambers Other Staff Present: M. Machacek, J. MacLean, J. O'Meara 1. Call to Order Councillor Anderson called the meeting to order at 6:32 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 There were no disclosures stated at this meeting. 5. Announcements Members of Council announced upcoming community events and matters of community interest. 6. Presentations / Delegations Clariiwmn March 25, 2024 Council Minutes 6.1 Jeffrey Abrams, Principles Integrity, regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024 Jeffrey Abrams, Principles Integrity, was present via electronic means regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024. Jeffrey provided an overview of the Principles Integrity and explained they are the Integrity Commissioner for approximately 60+ Ontario municipalities and other public bodies. J. Abrams explained the role of the Integrity Commissioner, which includes consulting, education, advisory, code of conduct complaints, and general governance advice. Jeffrey explained that Clarington's engagement with the Integrity Commissioner can be roughly divided into three areas including policy development and education, advice and complaint investigation and resolution. J. Adams highlighted ethical themes around the province, the rules against disparagement, and concerns with members of Council overstepping their role. Jeffrey concluded by thanking the Members of Council and that they look forward to continuing to work with the Municipality of Clarington. J. Abrams answered questions from the Members of Council. Resolution # C-013-24 Moved by Councillor Elhajjeh Seconded by Councillor Woo That the Integrity Commissioner's Annual Report from November 2022 to January 2024, be received for information; and That the presentation of Jeffrey Abrams, Principles Integrity, regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024, be received with thanks. Carried 6.2 Ron Hooper regarding the Discontinuation of Clarington's Task Force on Affordable Housing (Report LGS-011-24 -Advisory Board and Committee's Terms of Reference Update) Ron Hooper was present regarding the discontinuation of Clarington's Task Force on Affordable Housing (Report LGS-011-24 -Advisory Board and Committee's Terms of Reference Update). Ron provided some history on the Task Force and reviewed their mandate. R. Hooper explained that a Policy and a Tool Kit were being developed by working with surrounding Municipalities to assist with setting goals towards affordable housing options. Ron explained that were trying to provide housing initiatives and potential tax rebates and some of the projects including Parkview in Newcastle and the Habitat for Humanity project on Spry Avenue in Bowmanville. R. Hooper noted that, unfortunately, the Task Force struggled to obtain quorum at several meetings which slowed down the progress. Ron requested that the dissolution of the Task Force be reconsidered and is disappointed that there was no consultation prior to this resolution. R. Hooper asked if the Task Force is dissolved, then perhaps sub -committees of the CIP's can 2 Clariiwmn March 25, 2024 Council Minutes be created. Ron concluded by asking the Members of Council to reconsider this decision and answered questions form the Members of Council. 6.3 Joanne France regarding report LGS-008-24 - Municipal Regulation of Encampments Joanne France was not present at the meeting. 7. Consent Agenda 7.1 Council and Standing Committee Minutes Resolution # C-014-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That all items listed in Sections 7.11 and 7.1.3, be approved on consent. Carried 7.1.1 Minutes of a Regular Meeting of Council dated February 26, 2024 7.1.3 Minutes of the Special General Government Committee meeting dated March 5, 2024 7.1.2 Minutes of the General Government Committee Meeting dated March 4, 2024 Resolution # C-015-24 Moved by Councillor Elhajjeh Seconded by Councillor Rang That all the Items in 7.1.2. Minutes of the General Government Committee Meeting dated March 4, 2024, be approved with the exception of Items 6.5, 6.12 and 9.2. Carried Item 6.5 - PUB-005-24 - Bowmanville Dog Park Lighting Update Resolution # C-016-24 Moved by Councillor Traill Seconded by Councillor Rang That Report PUB-005-24, and any related delegations or communication items, be received; and 3 Clariiwmn March 25, 2024 Council Minutes That Council direct Staff in the Infrastructure division to include a project for the installation of a hardwired lighting system for the Bowmanville Leash Free Park in the 2025 Budget, with funds to be provided from the Parks Reserve or Municipal Capital Works Reserve Fund. Yes (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Traill, and Councillor Zwart No (1): Councillor Woo Absent (1): Mayor Foster Carried on a recorded vote (5 to 1) Item 6.12 - LGS-011-24 - Advisory Board and Committee's Terms of Reference Update Resolution # C-017-24 Moved by Councillor Traill Seconded by Councillor Rang That Report LGS-011-24, and any related delegations or communication items, be received; That Resolution #GPA-008-04, regarding the Protocol for Council —Appointed Advisory Committees, approved in 2004, be rescinded; That the matter of Clarington's Task Force on Affordable Housing be referred to Staff to prepare a new Terms of Reference taking into consideration the proposals made in Mr. Hooper's delegation regarding Clarington's Task Force on Affordable Housing; That the Tourism Advisory Committee be discontinued; That the proposed new Terms of References for Clarington's Advisory Committees, as Attachments 1 through 7 to Report LGS-011-23, be approved; That Staff be directed to advertise for the vacancies on the Accessibility Advisory Committee and Samuel Wilmot Nature Area Management Advisory Committee; and That all interested parties listed in Report LGS-011-24, and any delegations be advised of Council's decision. Carried Later in the Meeting, see following motion 10 Clariiwmn Recess Resolution # C-018-24 Moved by Councillor Traill Seconded by Councillor Zwart That the Council recess for 5 minutes. Carried March 25, 2024 Council Minutes The meeting reconvened at 7:46 p.m. with Councillor Anderson in the Chair. The foregoing Resolution #C-018-24 was then put to a vote and carried. 7.1.2.1 Councillor Zwart - Procedural By-law Amendment Resolution # C-019-24 Moved by Councillor Zwart Seconded by Councillor Woo That the Municipal Clerk be directed to prepare a report for possible wording changes to the Procedural By-law, as follows: Require all requests for delegations to outline their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation. 2. For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3. Not allow delegations who are there for the sole purpose of generating publicity for an event. 4. Not allow candidates, or nominees, for a political party. 5. Regarding decorum, add the following clause as follows: a. "No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee." b. Members of the public shall be respectful of Council, staff, delegations, and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings. c. Attendees shall not engage in conversations, display placards or props. 6. Change the time limit for delegations from ten minutes to seven minutes, with a single extension of up to three minutes by majority vote. Should there 5 Clariiwmn March 25, 2024 Council Minutes be more than one individual that registers to speak as a group, the group shall be allotted up to ten minutes to delegate. 7. That the time limit for Members of the Public to speak at Public Meetings be changed from ten minutes to five minutes. 8. That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. That all interested parties be advised of Council's decision. Carried as Amended, see following motions Resolution # C-020-024 Moved by Councillor Traill Seconded by Councillor Zwart The foregoing Resolution #C-019-24 be divided to consider Paragraph 6 and 7 separately. Carried Resolution # C-021-024 Moved by Councillor Traill Seconded by Councillor Zwart That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 6: "Change the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote." With the following sentence: "Change the time limit for delegations remain at ten minutes." and That the following be added as Paragraph 7: "That the time limit for Members of the Public to speak at Public Meetings remain at ten minutes." Motion Withdrawn Resolution # C-022-24 Moved by Councillor Zwart Seconded by Councillor Traill That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 6: That the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote." 0 Clariiwmn March 25, 2024 Council Minutes With the following sentence: "Change the time limit for delegations remain at ten minutes." and That the following be added as Paragraph 7: "That the time limit for Members of the Public to speak at Public Meetings be changed from 10 minutes to five." Motion Divided, see following motion Resolution # C-023-24 Moved by Councillor Traill Seconded by Councillor Zwart The foregoing Resolution #C-022-24 be divided to consider Paragraph 6 and 7 separately. Carried Resolution # C-024-24 Moved by Councillor Traill Seconded by Councillor Zwart That the foregoing Resolution #C-022-24 be amended by replacing the following sentence, in Paragraph 6: "Change the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote." With the following sentence: "That the time limit for delegations remain at ten minutes." Yes (2): Councillor Traill, and Councillor Zwart No (4): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, and Councillor Woo Absent (1): Mayor Foster Motion Lost on a recorded vote (2 to 4) Resolution # C-025-24 Moved by Councillor Zwart Seconded by Councillor Woo That the following be added as Paragraph 7: "That the time limit for Members of the Public to speak at Public Meetings be changed from 10 minutes to five minutes." Carried 7 Clariiwmn March 25, 2024 Council Minutes Resolution # C-026-24 Moved by Councillor Rang Seconded by Councillor Traill The foregoing Resolution #C-019-24 be divided to consider Paragraph 1 and 8 separately. Carried Resolution # C-027-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 1: "Require all requests for delegations to outline their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation." With the sentence: "Require all requests for delegations to be accompanied by a written summary, to be included in the Agenda, outlining their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation." Carried Resolution # C-028-24 Moved by Councillor Zwart Seconded by Councillor Elhajjeh That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. Carried The remainder of Resolution #C-019-24 was then put to a vote and carried as amended. Clariiwmn March 25, 2024 Council Minutes Main Motion as Amended Resolution # C-029-24 Moved by Councillor Zwart Seconded by Councillor Woo That the Municipal Clerk be directed to prepare a report for possible wording changes to the Procedural By-law, as follows: Require all requests for delegations to be accompanied by a written summary, to be included in the Agenda, outlining their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation. 2. For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3. Not allow delegations who are there for the sole purpose of generating publicity for an event. 4. Not allow candidates, or nominees, for a political party. 5. Regarding decorum, add the following clause as follows: a. "No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee." b. Members of the public shall be respectful of Council, staff, delegations, and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings. c. Attendees shall not engage in conversations, display placards or props. 6. Change the time limit for delegations from ten minutes to seven minutes, with a single extension of up to three minutes by majority vote. Should there be more than one individual that registers to speak as a group, the group shall be allotted up to ten minutes to delegate. 7. That the time limit for Members of the Public to speak at Public Meetings be changed from ten minutes to five minutes. 8. That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. That all interested parties be advised of Council's decision. Carried 9 Clariiwmn March 25, 2024 Council Minutes 7.1.2.2 Correspondence from Rege Harren, Regarding Item 9.2 of the General Government Committee Minutes dated March 4, 2024 Correspondence from Rege Harren, regarding Item 9.2 of the General Government Committee Minutes dated March 4, 2024, was considered during Item 7.1.2. 7.1.2.3 Correspondence from Brian O'Connor and Morgan Jarvis O'Connor of K9 Central, regarding Item 5.1 of the General Government Committee Minutes dated March 4, 2024 Correspondence from Brian O'Connor and Morgan Jarvis O'Connor of K9 Central, regarding Item 5.1 of the General Government Committee Minutes dated March 4, 2024, was considered during Item 7.1.2. 7.1.4 Minutes from the Planning and Development Committee meeting dated March 18, 2024 Resolution # C-030-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That the Items in 7.1.4, Minutes of the Planning and Development Committee dated March 18, 2024, be approved on consent, with the exception of Items 6.7 and 9.1. Carried Item 6.7 - PDS-013-24 - Removal of Holding — 499 Port Darlington Road, Bowmanville (Aquaview) Resolution # C-031-24 Moved by Councillor Traill Seconded by Councillor Rang That Report PDS-013-24, and any related delegations or communication items, be received; That the rezoning application, submitted by Bowmanville Lakebreeze East Village Ltd., for the removal of the Holding symbol at 499 Port Darlington Road, Bowmanville, be approved; That Staff be directed to meet with the developer and Clarington Emergency & Fire Services to discuss alternatives that address issues of public safety, costs, and timing for inclusion in the site plan agreement, to the satisfaction of the Deputy CAO Planning & Infrastructure; and 10 Clariiwmn March 25, 2024 Council Minutes That all interested parties listed in Report PDS-013-24, and any delegations be advised of Council's decision. Yes (1): Councillor Traill No (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Woo, and Councillor Zwart Absent (1): Mayor Foster Motion Lost on a recorded vote (1 to 5) Resolution # C-032-24 Moved by Councillor Woo Seconded by Councillor Elhajjeh That Report PDS-013-24, and any related delegations or communication items, be received; That the rezoning application submitted by Bowmanville Lakebreeze East Village Ltd. for the removal of the Holding symbol at 499 Port Darlington Road, Bowmanville, be refused by Council, as conditions related to the removal of the Hold have not been completed; and That all interested parties listed in Report PDS-013-24, and any delegations be advised of Council's decision. Yes (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Woo, and Councillor Zwart No (1): Councillor Traill Absent (1): Mayor Foster Carried (5 to 1) Item 9.1- Parking on Clarington Streets Resolution # C-033-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh Whereas existing and new neighborhoods are experiencing a transition to higher densities through additional dwelling units, increasing rates of car ownership, and changing demographics to multigenerational living; And whereas new neighborhood designs in particular townhouse developments, are being proposed with narrower frontages and shallow lots reducing the possibility of accommodating more than one parking space forcing residents to park on the street, take over visitor parking, and convert fronts yards to parking; 11 Clariiwmn March 25, 2024 Council Minutes And whereas these new dense neighborhood designs increase the safety risk for children, pedestrians, and create operational constraints for municipal operations like emergency response and snow removal; Now therefore be it resolved that Staff report back on the following: a. additional measures to design standards and zoning that could improve on - street parking and visitor parking plans for new neighbourhoods; b. review of parking opportunities within existing neighbourhoods and implement methods to improve parking conflicts through additional signage and enforcement; c. include amendments to the Boulevard By-law. Yes (6): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Traill, Councillor Woo, and Councillor Zwart Absent (1): Mayor Foster Carried on a recorded vote (6 to 0) 7.2 Advisory Committee and Local Board Minutes Resolution # C-034-24 Moved by Councillor Elhajjeh Seconded by Councillor Rang That all Items listed in 7.2, be approved on consent. Carried 7.2.1 Minutes of the Clarington Agricultural Advisory Committee meeting dated January 11 and February 8, 2024 7.2.2 Minutes of the Clarington Accessibility Advisory Committee meeting dated January 30 and February 13, 2024 7.2.3 Minutes of the Clarington Heritage Committee meeting dated February 20, 2024 7.2.4 Minutes of the Bowmanville Santa Claus Parade Committee meeting dated February 21, 2024 7.2.5 Minutes of the Tyrone Community Hall Board meeting dated February 21, 2024 7.2.6 Minutes of the Tyrone Community Hall Board AGM meeting dated February 21, 2024 7.2.7 Minutes of the Clarington Diversity Advisory Committee meeting dated March 14, 2024 7.2.8 Minutes of the Newcastle Arena Board meeting dated February 13, 2024 12 Clariiwmn March 25, 2024 Council Minutes 7.3 Communications 7.4 Staff Reports and Staff Memos 7.4.1 PUB-006-24 - Communications and Interoperability Radio System Use Adhesion Agreement Resolution # C-035-24 Moved by Councillor Zwart Seconded by Councillor Traill That Report PUB-006-24, and any related delegations or communication items, be received; and That Council approves the signing by the Mayor of the revised , adding Elexicon as a partner. Carried 7.5 By-laws Resolution # C-036-24 Moved by Councillor Zwart Seconded by Councillor Woo That leave be granted to introduce By-laws 2024-009 to 2024-013; and That the said by-laws be approved. Carried 7.5.1 2024-009 - Being a by-law to promote the safe and orderly use of public spaces, to protect infrastructure 7.5.2 2024-010 - Being a by-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington 7.5.3 2024-011 - Being a by-law to establish certain lands as public highways 7.5.4 2024-012 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, 7.5.5 2024-013 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 8. Items for Separate Discussion 9. Business Arising from Procedural Notice of Motion 10. Unfinished Business 11. Confidential Items 13 Clariiwmn March 25, 2024 Council Minutes 12. Confirming By -Law Resolution # C-037-24 Moved by Councillor Traill Seconded by Councillor Zwart That leave be granted to introduce By-law 2024-014, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of March 2024; and That the said by-law be approved. Carried 13. Adjournment Resolution # C-038-24 Moved by Councillor Traill Seconded by Councillor Woo That the meeting adjourn at 8:48 p.m. Carried 14