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Council Minutes
Date: April 22, 2024
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 C. Traill until 7:54 p.m., Councillor W. Woo, Councillor
M. Zwa rt
Regrets: Councillor L. Rang
Staff Present: M. Dempster, T. Pinn, C. Salazar, J. Gallagher, M. Chambers
Other Staff Present: S. Allin, J. MacLean, A. Tapp, M. Westover
1. Call to Order
Mayor Foster called the meeting to order at 6:33 p.m.
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
There were no disclosures of interest stated at this meeting.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
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6. Presentations / Delegations
Alter the Agenda
Resolution # C-039-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
April 22, 2024
Council Minutes
That the Agenda be altered to reorder the delegations to the following order:
1.
Chris Barnett
2.
Robert Webb
3.
Scott Waterhouse
4.
Scott Waterhouse
5.
Bonica Leung
6.
Jessica Caldwell
7.
Billy Tung
8.
Stacey Hawkins
9.
Ryan Guetter
Carried
6.1 Chris Barnett, Osler, Hoskin & Harcourt LLP, regarding Item 6.12 - Report
CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our
Community
Chris Barnett, Osler, Hoskin & Harcourt LLP, was present via electronic means, on
behalf of Southeast Courtice Landowners Group Inc., the Southwest Courtice
Landowners Group Inc. and the Courtice TOC Landowners Groups Inc., regarding
Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial
Changes on our Community. Chris's delegation is further to the correspondence
submitted on the same matter. C. Barnett's clients are concerned with
Recommendation 3 in the report, which "proposes to pause any development".
Chris added that this will make it extremely difficult for any developers to assist the
Municipality with Homeowner Pledge. C. Barnett also noted the concerns with the
Report being a late addition and feels there should have been more notice and
consultation. Chris explained that the making of any decisions through the land use
approval process has been constantly changing and extremely challenging.
C. Barnett does not feel the Report captures the full scope of Bill 23. Chris noted
that although there is a potential reduction of parkland as a result of this legislation,
the maximum rate of 5% remains unchanged and most developments can
proceed. C. Barnett stated that all of the members and landowners of the
Southeast Courtice Secondary Plan are meeting the 5% requirement and there
were some areas noted in the report that are being removed but are still being
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allocated to the Municipality as parkland. Chris concluded by asking the Members
of Council to removed Recommendation #3 until further consultation can be
completed.
6.2 Robert Webb, Group Manager - Brookhill North Landowners Group, Webb
and Co. Limited, regarding Item 6.12 - Report CAO-002-24 - The Perfect
Storm - Impact of Provincial Changes on our Community
Robert Webb, Group Manager, Webb and Co. Limited was present on behalf of
Brookhill North Landowners Group, regarding Item 6.12 - Report CAO-002-24 -
The Perfect Storm - Impact of Provincial Changes on our Community. Robert's
delegation is further to the correspondence submitted on the same matter.
R. Webb requested that Recommendation 3 in the Report be removed and that the
Report be deferred to a later date to allow for more consultation. Robert added that
the parkland for Brookhill North exceeds what is shown on the land development
schedule in the Report.
6.3 Scott Waterhouse, Planning Manager, GHD, regarding Item 6.12 - Report
CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our
Community
Scott Waterhouse, Planning Manager, GHD, on behalf of the Southeast Courtice
Landowners Group regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm
- Impact of Provincial Changes on our Community. Scott's delegation is further to
the correspondence submitted on the same matter. S. Waterhouse stated that
some of the information in the Report needs to be clarified as it noted that some
developers are requesting some of the parkland be reduced or removed.
S. Waterhouse added that all five applications within this area are providing the
required parkland, which has been done in consultation with Staff. Scott added that
one application is close to approval. S. Waterhouse noted that Figure 5 in the
Report is not accurate and includes land that is not part of the Southeast Courtice
Secondary Plan and does not accurately reflect the parklands being provided.
Scott concluded by requesting a deferral of the Report for further consultation.
6.4 Scott Waterhouse, Planning Manager, GHD, regarding Item 6.12 - Report
CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our
Community
Scott Waterhouse, Planning Manager, GHD, on behalf of the North Village
Secondary Plan Landowners Group, regarding Item 6.12 - Report CAO-002-24 -
The Perfect Storm - Impact of Provincial Changes on our Community. Scott's
delegation is further to correspondence submitted on the same matter.
S. Waterhouse explained that this Secondary Plan commenced in 2019, was
submitted in June 2023 and is almost complete. Scott added there is also an
historical agreement dating back to 2012 related to parkland dedication.
S. Waterhouse stated that further Fiscal Impact Assessments are not necessary
and will cause further delays. Scott concluded by requesting the Recommendation
3 be removed and the Report be deferred.
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6.5 Bonica Leung, Tribute Communities, regarding Item 6.12 - Report CAO-002-
24 - The Perfect Storm - Impact of Provincial Changes on our Community
Bonica Leung, Tribute Communities, was present regarding Item 6.12 - Report
CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our
Community. Bonica's delegation was further to correspondence submitted on the
same matter. B. Leung concurs with the previous delegations. Bonica noted that
Tribute Communities has five active projects, and one is noted in Figure 5 as being
removed, which is not correct. B. Leung asked that Figure 5 be revised and noted
the Tribute Communities has submitted the parkland which aligns with the
Secondary Plan and exceeds the requirements. Bonica requested that the five
projects submitted, which exceed the parkland, continue to be processed. B.
Leung concluded by requesting that Recommendation 3 be removed, and Figure 5
be updated. Bonica answered questions from the Members of Council.
6.6 Jessica Caldwell, Vice President, Land and Housing, Brookfield Properties,
regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of
Provincial Changes on our Community
Jessica Caldwell, Vice President, Land and Housing, Brookfield Properties, was
present regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of
Provincial Changes on our Community. Jessica's delegation is further to
correspondence submitted on the same matter. J. Caldwell explained they are a
large landowners group located within the Newcastle, Southeast Courtice, and
Courtice Transit -Oriented Community Secondary Plan areas. Jessica stated that
the Brookfield Properties is in full support of the comments of the previous
delegations, they are committed to working with the Municipality and requests that
Recommendation 3 be removed or referred.
6.7 Billy Tung, Partner, KLM Planning, regarding Item 6.12 - Report CAO-002-24 -
The Perfect Storm - Impact of Provincial Changes on our Community
Billy Tung, Partner, KLM Planning, on behalf of Redwood Properties, regarding
Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial
Changes on our Community. Billy's delegation is further to correspondence
submitted on the same matter. B. Tung noted their clients are the owners of
approximately 20 hectares. Billy stated that they concur with the previous
delegations and would like to focus on the Redwood Properties applications.
B. Tung explained they are working on providing the majority of high -density
residential development in the Southeast Courtice Secondary Plan. Billy added
that this will be approximately 1300 units. B. Tung explained they considered the
parkland requirements for high -density developments, accounted for all units and
will exceed the Secondary Plan requirements. Billy added the open space of the
development accounts for 65% of their lands and they are working in compliance
with the Secondary Plans. B. Tung looks forward to the application being brought
forward to the Public Meeting stage. Billy referred to the Memo distributed on
Friday and still has concerns that the applications will not be processed until the
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additional studies are completed. B. Tung requested that all factors be reviewed
and considered to avoid further delays.
6.8 Stacey Hawkins, Durham Region Homebuilders Association, regarding Item
6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes
on our Community
Stacey Hawkins, Durham Region Homebuilders Association, was present
regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of
Provincial Changes on our Community. Stacey's delegation is further to
correspondence submitted on the same matter. S. Hawkins stated that they had
read the clarification Memo and still has concerns. Stacey is in full support of the
previous delegations and feels there should be better communication with the
industry, which will allow for everyone to work together and support each other. S.
Hawkins requested this Report be referred back to Staff.
6.9 Ryan Guetter, Executive Vice President, Weston Consulting, regarding Item
6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes
on our Community
Ryan Guetter, Executive Vice President, Weston Consulting, was present via
electronic means, on behalf of the Bowmanville East (Soper Hills) Landowners
Group Inc., within the Soper Hills Secondary Plan Study Area regarding Item 6.12 -
Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our
Community. Ryan's delegation is further to correspondence submitted on the same
matter. R. Guetter concurred with the previous delegations and noted the
Bowmanville East (Soper Hills) Landowners Group consists of over 400 acres of
land. Ryan explained this Secondary Plan commenced in 2019 and although there
have been many delays, it should be adopted in June 2024. R. Guetter is
concerned that this Report was released with no further meetings and although the
clarification memo was appreciated, they would still like some clarity for processing
Secondary Plans. Ryan concluded by requesting that Recommendation 3 be
removed and there be further consultation on the process. R. Guetter answered
questions from the Members of Council.
7. Consent Agenda
7.1 Council and Standing Committee Minutes
7.1.1 Minutes of the Regular Council meeting dated March 25, 2024
Resolution # C-040-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That Item 7.1.1, the Minutes of the Regular Council meeting dating March 25,
2024, be approved.
Carried
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7.1.2 Minutes of the General Government Committee meeting dated April 8, 2024
Resolution # C-041-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That all the Items in 7.1.2, be approved, on consent with the exception of Items
6.11 and 6.12 of the Minutes of the April 8, 2024, General Government Committee.
Carried
7.1.2.1 Correspondence regarding Item 6.12 - Report CAO-002-24 - The Perfect
Storm - Impact of Provincial Changes on our Community
7.1.2.1.1 Beth Kelly, President, Valiant Group
7.1.2.1.2 Lee English, Borden Ladner Gervais LLP on behalf of 2056421 Ontario Inc.
Redwood Properties
7.1.2.1.3 James Maclnnis and Ashley Maclnnis, City Homes
7.1.2.1.4 Anthony Biglieri, Managing Partner and Mark Jacobs, Associate, The
Biglieri Group on behalf of the Durham Region Home Builders' Association
7.1.2.1.5 Andrew Jeanrie, Partner, Bennett Jones, on behalf of Minto Communities
Inc.
7.1.2.1.6 Victoria Mortelliti, Senior Manager, Policy and Advocacy, Building Industry
and Land Development Association (BiLD)
7.1.2.1.7 Signe Leisk, Cassels Brock & Blackwell LLP, on behalf of Durham Region
Home Builders' Association
7.1.2.1.8 Signe Leisk, Cassels Brock & Blackwell LLP, on behalf of Brookfield
Residential
7.1.2.1.9 Mustafa Ghassan, Delta Urban, Group Manager on behalf of the Southeast
Courtice Landowners Group and Courtice TOC Landowners Group
7.1.2.1.10 Bryce Jordan, Planning Lead, GHD on behalf of the Southwest
Courtice Landowners Group
7.1.2.1.11 Eddy Chan, Delpark Homes
7.1.2.2 MEMO-002-24 - Clarification Update on The Perfect Storm Report (Item
6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial
Changes on our Community)
7.1.2.3 Correspondence from Jeff Goldman regarding Item 6.10 LGS-016-24 - Site
Alteration By-law Update
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Item 6.11 - PUB-007-24 - Traffic and Parking Bylaw Amendment - Speed Limit
Reduction in School Zones
Resolution # C-042-24
Moved by Councillor Zwart
Seconded by Councillor Woo
That Report PUB-007-24, and any related delegations or communication items, be
received;
That the By-law attached to Report PUB-007-24, as attachment 1, be approved;
That up to $70,000 from the Municipal Capital Works Reserve Fund be used to
fund the additional signage required;
That Staff be directed to engage Durham Region to request they match
Clarington's criteria for speed limits in school zones; and
That Staff engage the School Board Trustees for their comments and support;
That all interested parties listed in Report PUB-007-24, and any delegations be
advised of Council's decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Traill,
Councillor Woo, and Councillor Zwart
Absent (1): Councillor Rang
Carried (6 to 0)
Recess
Resolution # C-043-24
Moved by Councillor Woo
Seconded by Councillor Zwart
That the Council recess for five minutes.
Carried
Councillor Traill left the meeting.
The meeting reconvened at 8.09 p.m. with Mayor Foster in the Chair.
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Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial
Changes on our Community
Resolution # C-044-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That Report CAO-002-24, and any related delegations or communication items, be
received;
That Council request the Province stop using CMHC data to validate housing
starts, but as a starting point, and allow Municipalities to identify any
inconsistencies with tangible evidence prior to making a funding decision;
That Fiscal Impact Assessments be undertaken for all Secondary Plans (inclusive
of those completed) to understand the full impact of the legislative changes on
each, in particular parkland and DC revenues, and report back to Council prior to
any further approvals (inclusive of development application approvals) and that
applications continue to be processed;
That a communications campaign be undertaken to explain the impact of the
changes that are beyond our control, and how they will impact our community —
both now and into the future;
That this report be forwarded to all Ontario municipalities with housing targets, the
Province of Ontario, and the Members of Provincial Parliament representing
Clarington; and
That all interested parties listed in Report CAO-002-24, and any delegations be
advised of Council's decision.
Yes (5): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Woo,
and Councillor Zwart
Absent (2): Councillor Rang, and Councillor Traill
Carried (5 to 0)
7.2 Advisory Committee and Local Board Minutes
Resolution # C-045-24
Moved by Councillor Zwart
Seconded by Councillor Elhajjeh
That all Items listed in 7.2, be approved on consent.
Carried
7.2.1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated February 20 and March 26, 2024
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7.2.2 Minutes of the Clarington Agricultural Advisory Committee meeting dated
March 14, 2024
7.2.3 Minutes of the Newcastle Arena Board meeting dated March 19, 2024
7.2.4 Minutes of the Clarington Heritage Committee dated March 19, 2024
7.2.5 Minutes of the Tyrone Community Hall Board meeting dated March 20, 2024
7.2.6 Minutes of the Bowmanville Santa Claus Parade Committee meeting dated
March 20, 2024
7.3 Communications
7.3.1 Jim Gorry, Lightcaster Brewery and Taphouse regarding a request to a
approve a By The Glass Endorsement
Resolution # C-046-24
Moved by Councillor Woo
Seconded by Councillor Zwart
That the Council of the Municipality of Clarington supports the issuance of the By
the Glass Endorsement for Lightcaster Brewery and Taphouse located at 164
Baseline Road East, Bowmanville.
Carried
7.4 Staff Reports and Staff Memos
7.5 By-laws
Resolution # C-047-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That leave be granted to introduce By-laws 2024-015 to 2024-018; and
That the said by-laws be approved.
Carried
7.5.1 2024-015 - Being a by-law to adopt the estimates of all sums required during
the year, to strike rates and levy taxes for municipal purposes for the year
2023 and to provide for the collection thereof
7.5.2 2024-016 - Being a by-law to authorize Clarington to invest its money and
investments that it does not require immediately in the Prudent Investor
Program of ONE Joint Investment Board ("ONE JIB") pursuant to section
418.1 of the Municipal Act, 2001
7.5.3 2024-017 - Being a by-law to regulate the placing or dumping of fill, removal
of topsoil, and the alteration of the grade of land
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7.5.4 2024-018 - Being a by-law to amend the Traffic and Parking By-law 2014-059,
as amended
8. Items for Separate Discussion
9. Business Arising from Procedural Notice of Motion
10. Unfinished Business
11. Confidential Items
12. Confirming By -Law
Resolution # C-048-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That leave be granted to introduce By-law 2024-019, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 22nd day of April, 2024; and
That the said by-law be approved.
Carried
13. Adjournment
Resolution # C-049-24
Moved by Councillor Woo
Seconded by Councillor Anderson
That the meeting adjourn at 8.32 p.m.
Carried
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