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Council Minutes
Date:
Time:
Location:
September 23, 2024
6:30 p.m.
Council Chambers or Electronic Participation
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, R. Maciver, T. Pinn, L. Reck, J. Gallagher,
M. Chambers
Other Staff Present: L. Backus, P. Da Silva, J. MacLean, J. O'Meara, B. Rice,
K. Richardson, 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 Rang led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Rang 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.
September 23, 2024
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6. Presentations / Delegations
6.1 Recognition of Dylan Weatherdon for Achievements at the Canadian
Taekwondo National Championship Tournament
Mayor Foster noted that Dylan has been taking Taekwondo for six years and
recently began competing at the high-performance international level. Mayor Foster
added that after completing in Provincials twice, Dylan qualified for the national
tournament. The Canadian Taekwondo National Championship Tournament took
place on July 7, 2024, in Winnipeg, Manitoba. After four thrilling and challenging
matches, winning 2 fights and losing 2 fights, Dylan brought home the bronze
medal with pride. Mayor Foster thanked Dylan for representing Clarington and a
certificate was presented.
6.2 John McDermott, McDermott & Associates Limited, regarding Report PDS-
033-24 - Bowmanville East Urban Center Secondary Plan
John McDermott, McDermott & Associates Limited, was present regarding Report
PDS-033-24 - Bowmanville East Urban Center Secondary Plan. John was present
on behalf of the property owners and supports deferring the matter. J. McDermott
explained that there are concerns being brought forward and the deferring would
provide more time to discuss with staff.
6.3 Andrew Rice regarding Report PDS-033-24 - Bowmanville East Urban Center
Secondary Plan
Andrew Rice was present regarding Report PDS-033-24 - Bowmanville East Urban
Center Secondary Plan. Andrew supports referring the Report and, is looking
forward to further discussion with staff, and thanked the Members of Council.
6.4 Bill Grainger regarding Report PDS-033-24 - Bowmanville East Urban Center
Secondary Plan
Bill Grainger was present regarding Report PDS-033-24 - Bowmanville East Urban
Center Secondary Plan. Bill noted concerns with the soil testing data and requested
that this information be made available to the public. B. Grainger added that people
should know what will be released into the air, ground, and water when the building
is demolished. Bill requested that an independent soil testing company should be
hired by the Municipality as not all testing is the same and the public should be
made aware of the results. B. Grainger asked where the trucks are taking the soil
from the demolition site and what is being done with that soil. Bill asked why the
demolition has come to an abrupt stop. B. Grainger supports housing in that area
but has concerns with the lack of notification, chemicals going into the soil, and the
Bowmanville Creek, and increased traffic. Bill answered questions from the
Members of Council.
September 23, 2024
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6.5 Aralia Grainger regarding Report PDS-033-24 - Bowmanville East Urban
Center Secondary Plan
Aralia Grainger was present regarding Report PDS-033-24 - Bowmanville East
Urban Center Secondary Plan. Aralia is concerned for the animals, the Bowmanville
Creek, and fish due to the potential chemicals and pollution in the air and the water
as a result of the demolition of the Goodyear Plant. A. Grainger does not support a
new modern building, is concerned with the noise and for the residents of the
nearby senior's residence. Aralia is concerned with the increased traffic and how
the closure of Queen Street could impact the Bowmanville hospital and the impact
on the downtown businesses. Aralia feels the soil testing needs to be made public
to address concerns related to contamination of the soil. A. Grainger answered
questions from the Members of Council.
6.6 Kathi Moyer regarding Report PDS-033-24 - Bowmanville East Urban Center
Secondary Plan
Kathi Moyer notified the Clerk's Division prior to the meeting to withdraw the
delegation.
6.7 Ryan Guetter, Weston Consulting, regarding Report PDS-033-24 -
Bowmanville East Urban Center Secondary Plan
Ryan Guetter, Weston Consulting notified the Clerk's Division prior to the meeting to
withdraw the delegation.
7. Consent Agenda
7.1 Council and Standing Committee Minutes
7.1.1 Minutes from the regular meeting of Council dated June 24, 2024
Resolution # C-081-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the minutes from the regular meeting of Council dated June 24, 2024, be
adopted.
Carried
September 23, 2024
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7.1.2 Minutes from the General Government Committee Meeting dated
September 9, 2024
Resolution # C-082-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the minutes from the General Government Committee meeting dates dated
September 9, 2024, be approved, with the exception of Items 6.6, 5.4, and 7.1.
Carried
7.1.2.1 Item 6.6 - LGS-032-24 - Exotic Pet By-law – Backyard Chickens
Resolution # C-083-24
Moved by Councillor Zwart
Seconded by Councillor Woo
Whereas the Exotic Pet By-law 2012-045 prohibits livestock, including chickens, on
land that is not in an Agricultural Zone;
And whereas Council wishes to allow Clarington residents in rural hamlets, rural
clusters, and the Village of Orono, to keep backyard chickens, for the purpose of
egg laying, on non-agriculturally zoned lands;
Now therefore be it resolved:
1. That Report LGS-032-24 be received;
2. That Staff be directed to prepare a by-law, for the October 28, 2024, Council
agenda, to amend the Exotic Pet By-law 2012-045 to permit backyard
chickens for the purpose of egg laying within rural hamlets, rural clusters,
and within the boundaries of the Village of Orono;
3. That the amendment include the regulations set out in Section 6.3 of Report
LGS-032-24;
4. That, if unmanageable enforcement issues result, Staff shall report the
matter to Council and may include a recommendation to repeal the
amendment;
5. That all interested parties listed in Report LGS-032-24, and any delegations
be advised of Council’s decision.
Carried
September 23, 2024
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Item 5.4 - Delegation by Judith Hanson, CEO, Autism Home Base Durham Inc.,
Regarding Request for Funding Through External Agencies Budget
Resolution # C-084-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That the Delegation of Judith Hanson, CEO, Autism Home Base Durham Inc.
regarding a Request for Funding Through External Agencies Budget, be received
with thanks.
Carried
Item 7.1 - LGS-030-24 - Appointments to the Ganaraska Forest Recreational
User Committee and Property Standards Committee
Resolution # C-085-24
Moved by Councillor Woo
Seconded by Councillor Zwart
That Report LGS-030-24, and any related delegations or communication items, be
received;
That the resignation of Marven Whidden, from the Ganaraska Forest Recreational
User Committee and Property Standards Committee, be received;
That the Committee consider the applications for appointments to the Ganaraska
Forest Recreational User Committee and Property Standards Committee, and that
the vote be conducted to appoint the citizen representatives, in accordance with the
Appointment to Boards and Committees Policy; and
That all interested parties listed in Report LGS-030-24, and any delegations be
advised of Council’s decision.
Carried as Amended, see following motions
Resolution # C-086-24
Moved by Councillor Woo
Seconded by Councillor Rang
That the foregoing Resolution #C-085-24 be amended by adding the following after
paragraph two:
"That a note of condolence be sent to the family of Marven Whidden, from the Chair
of the Property Standards Committee."
Carried
The foregoing Resolution #C-084-24 was then put a vote and carried as amended.
September 23, 2024
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Main Motion as Amended
Resolution # C-087-24
That Report LGS-030-24, and any related delegations or communication items, be
received;
That the resignation of Marven Whidden, from the Ganaraska Forest Recreational
User Committee and Property Standards Committee, be received;
That a note of condolence be sent to the family of Marven Whidden, from the Chair
of the Property Standards Committee;
That the Committee consider the applications for appointments to the Ganaraska
Forest Recreational User Committee and Property Standards Committee, and that
the vote be conducted to appoint the citizen representatives, in accordance with the
Appointment to Boards and Committees Policy; and
That all interested parties listed in Report LGS-030-24, and any delegations be
advised of Council’s decision.
7.1.3 Minutes from the Special General Government Committee meeting dated
September 16, 2024
Resolution # C-088-24
Moved by Councillor Traill
Seconded by Councillor Woo
That the minutes from the Special General Government Committee meeting dated
September 16, 2024, adopted, with the exception of Item 7.2.
Carried
Item 7.2 - PUB-012-24 - Camp 30 Cafeteria Building and Jury Lands
Foundation Grant Application
Resolution # C-089-24
Moved by Councillor Traill
Seconded by Councillor Woo
That Report PUB-012-24, and any related delegations or communication items, be
received for information;
That Council endorse, in principle, the Jury Lands Foundation’s Legacy Grant
application and direct Jury Lands Foundation to provide the completed Legacy
Fund application for review for the September 23 Council meeting;
That the Deputy CAO/Solicitor is authorized to execute a ten-year lease with the
Jury Lands Foundation for the portion of the Camp 30 property owned by the
Municipality, with the form and content substantially in accordance with the draft
document provided to the Jury Lands Foundation on August 16, 2024;
September 23, 2024
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That Council consider the financial investment required to stabilize the cafeteria
building as part of future plans for the Jury Lands; and any decision be deferred to
October 28, 2024, Council Meeting, alongside the Parks, Recreation, and Culture
Master Plan (PRCMP); and
That all interested parties listed in Report PUB-012-24, and any delegations, be
advised of Council’s decision.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Traill, Councillor Woo, and Councillor Zwart
Carried as amended on a Recorded Vote Later in the Meeting, See following
Motions (7 to 0)
Resolution # C-090-24
Moved by Councillor Traill
Seconded by Councillor Woo
That the foregoing Resolution #C-089-24 be amended by replacing paragraph two
with the following:
"That Council endorse the Jury Lands Foundation’s Legacy Grant application."
Carried
The foregoing Resolution #C-089-24 was then put a vote and carried as amended
on a recorded vote.
Main Motion as Amended
Resolution # C-091-24
That Report PUB-012-24, and any related delegations or communication items, be
received for information;
That Council endorse the Jury Lands Foundation’s Legacy Grant application;
That the Deputy CAO/Solicitor is authorized to execute a ten-year lease with the
Jury Lands Foundation for the portion of the Camp 30 property owned by the
Municipality, with the form and content substantially in accordance with the draft
document provided to the Jury Lands Foundation on August 16, 2024;
That Council consider the financial investment required to stabilize the cafeteria
building as part of future plans for the Jury Lands; and any decision be deferred to
October 28, 2024, Council Meeting, alongside the Parks, Recreation, and Culture
Master Plan (PRCMP); and
That all interested parties listed in Report PUB-012-24, and any delegations, be
advised of Council’s decision.
September 23, 2024
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7.1.3.1 Completed Jury Lands Legacy Fund Application
This matter was considered during the discussion of Item 7.2 of Special General
Government Committee Minutes.
7.1.4 Minutes from the Planning and Development Committee meeting dated
September 16, 2024
Resolution # C-092-24
Moved by Councillor Woo
Seconded by Councillor Anderson
That the minutes from the Planning and Development Committee meeting dated
September 16, 2024, be adopted with the exception of Items 6.1 and 10.1.1.
Carried
Item 6.1 PDS-033-24 - Bowmanville East Urban Centre Secondary Plan
Recommendation Report
Resolution # C-093-24
Moved by Councillor Anderson
Seconded by Councillor Rang
That PDS-033-24 - Bowmanville East Urban Centre Secondary Plan
Recommendation Report be referred to November 18, 2024, Council Meeting.
Carried
Item 10.1.1 - PDS-035-24 - Zoning By-law Amendment Application to Facilitate
the Severance of a Surplus Farm Dwelling on Concession Road 6 in
Darlington
Resolution # C-094-24
Moved by Councillor Woo
Seconded by Councillor Elhajjeh
That Report PDS-035-24 and any related communication items, be received;
That the By-law to amend Zoning By-law 84-63 attached to Report PDS-035-24, as
Attachment 1, be approved; and
That all interested parties listed in Report PDS-035-24, and any delegations, be
advised of Council’s decision.
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)
September 23, 2024
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7.1.4.1Correspondence from Lee English, BLG, regarding Report PDS-034-24,
Addition to the Municipal Register, and Heritage Designation as a Condition
of Approval of Development Applications of Redevelopment at 98 Concession
Street East, Bowmanville
This matter was considered during Item 7.1.4.
7.2 Advisory Committee and Local Board Minutes
Resolution # C-095-24
Moved by Councillor Zwart
Seconded by Councillor Woo
That all Items listed in Section 7.2, be approved on consent in accordance with the
agenda, with the exception of Items 7.2.9 and 7.2.6.
Carried
7.2.1 Minutes from the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated May 21 and June 18, 2024
That the minutes from the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated May 21 and June 18, 2024, be received for information.
7.2.2 Minutes from the Newcastle Memorial Arena Board meeting dated June 4,
July 9, August 13, and September 10, 2024
That the minutes from the Newcastle Memorial Arena Board meeting dated June 4,
July 9, August 13, and September 10, 2024, be received for information.
7.2.3 Minutes from the Clarington Heritage Committee meeting dated June 18,2024
That the minutes from the Clarington Heritage Committee meeting dated June 18,
2024, be received for information.
7.2.4 Minutes from the Tyrone Community Hall Board meeting dated June 19, 2024
That the minutes from the Tyrone Community Hall Board meeting dated June 19,
2024, be received for information.
7.2.5 Minutes from the Clarington Diversity Advisory Committee Special meeting
dated August 12, 2024
That the minutes from the Clarington Diversity Advisory Committee Special meeting
dated August 12, 2024, be received for information.
7.2.7 Minutes from the Solina Hall Board meeting dated August 16, 2024
That the minutes from the Solina Hall Board meeting dated August 16, 2024, be
received for information.
September 23, 2024
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7.2.8 Minutes from the Active Transportation and Safe Roads Advisory Committee
meeting dated August 29, 2024
That the minutes from the Active Transportation and Safe Roads Advisory
Committee meeting dated August 29, 2024, be received for information.
7.2.10 Minutes from the Clarington Accessibility Advisory Committee meeting dated
June 19, 2024
That the minutes from the Clarington Accessibility Advisory Committee meeting
dated June 19, 2024, be received for information.
7.2.6 Minutes from the Bowmanville Santa Claus Parade Committee meeting dated
August 14, 2024
Resolution # C-096-24
Moved by Councillor Rang
Seconded by Councillor Zwart
That the minutes from the Bowmanville Santa Claus Parade Committee meeting
dated August 14, 2024, be received for information.
Carried
Resolution # C-097-24
Moved by Councillor Rang
Seconded by Councillor Zwart
Whereas Section 5.8 of the Bowmanville Santa Claus Parade Committee Terms of
Reference states that “If a member is absent for three consecutive meetings, the
Committee, by resolution, may request that Council remove the Member, including
a Member of Council, from the Committee;” and
Whereas Bowmanville Santa Claus Parade Committee member Sajith
Gnanasikhamani, (Kevin) has been absent for three consecutive meetings;
Therefore be it resolved that S. Gnanasikhamani, (Kevin) be removed from the
Bowmanville Santa Claus Parade Committee and the vacancy be filled.
Carried
September 23, 2024
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7.2.9 Minutes from the Clarington Diversity Advisory Committee meeting dated
September 12, 2024
Resolution # C-098-24
Moved by Councillor Rang
Seconded by Councillor Woo
That the minutes from the Clarington Diversity Advisory Committee meeting dated
September 12, 2024, be received for information.
Carried
7.2.9.1 Motion regarding an Additional Rainbow Crosswalk
Resolution # C-099-24
Moved by Councillor Rang
Seconded by Councillor Woo
Whereas The Clarington Diversity Advisory Committee (CDAC) has recommended
an additional Rainbow Crosswalk be implemented in Clarington in 2025;
Therefore be it resolved that Council endorses the recommendation of the CDAC
and directs staff to explore the cost and process for installing an additional rainbow
crosswalk in 2025 and report back to Council; and
That all interested parties be notified of Council’s decision.
Carried
7.2.9.2 Motion regarding Removal of a Committee Member
Resolution # C-100-24
Moved by Councillor Anderson
Seconded by Councillor Rang
Whereas Section 5.9 of the Clarington Diversity Advisory Committee (CDAC)
Terms of Reference states that “If a member is absent for three consecutive
meetings, the Committee, by resolution, may request that Council remove the
Member, including a Member of Council, from the Committee;” and
Whereas CDAC member A. Ruddock has been absent for three consecutive
meetings without any communication with the CDAC Staff Liaison or Chair; and
Whereas the CDAC has passed a motion to request Council to remove A. Ruddock
from the committee
Therefore be it resolved that A. Ruddock be removed from the Clarington Diversity
Advisory Committee and the vacancy be advertised, and
That all interested parties be notified of Council’s decision.
Carried
September 23, 2024
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7.3 Communications
7.4 Staff Reports and Staff Memos
7.5 By-laws
Resolution # C-101-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That leave be granted to introduce By-laws 2024-040 to 2024-041; and
That the said by-laws be approved.
Carried
7.5.1 2024-040 - Being a by-law to designate the property known for municipal
purposes as 127 Church Street North Orono Municipality of Clarington as a
property of historic or architectural value or interest under the Ontario
Heritage Act RSO 1990 Chapter O.18
7.5.2 2024-041 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
8. Items for Separate Discussion
9. Business Arising from Procedural Notice of Motion
10. Unfinished Business
10.1 Delegation of Authority By-law (Report LGS-026-24)
Resolution # C-102-24
Moved by Councillor Anderson
Seconded by Councillor Woo
That Report LGS-026-24, and any related delegations or communication items, be
received;
That the draft Delegation of Authority By-law, attached to Report LGS-026-24, as
Attachment 2, excluding the columns titled “Recommended Action” and “Notes”, be
approved; and
That the following be rescinded and replaced with the delegation of authority within
the draft by-law:
1. The Council approval of Resolution #GG-077-23 from March 20, 2023,
regarding the authority to enter into Defibrillator Program Agreements;
September 23, 2024
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2. The Council approval of Resolution #GG-201-23, from December 4, 2023,
regarding the authority to execute any future amendments to the trail
Licence Agreement required to accommodate the operational needs of either
Ontario Power Generation or the Municipality;
3. The last paragraph of Resolution #C-190-15, from June 1, 2015, regarding
the authority to appoint private parking enforcement officers.
That the Flag Protocol Policy and Proclamation Policy be updated to refer to the
Delegation of Authority By-law;
That all interested parties listed in Report LGS-026-24, and any delegations be
advised of Council’s decision.
Carried
10.1.1 Memo-005-24 - Delegation of Authority By-law – Court Matters
This matter was considered during Item 10.1.
10.1.2 2024-042 - Being a By-law to provide delegations of authority from the
Council of the Municipality of Clarington to Committees and Clarington
Municipal Staff
Resolution # C-102-24
Moved by Councillor Zwart
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2024-042; and
That the said by-law be approved.
Carried
10.2 Report CAO-003-24 - Name for New Neighbourhood Park at 3301 Middle Road
Resolution # C-103-24
Moved by Councillor Woo
Seconded by Councillor Anderson
That Report CAO-003-24, and any related delegations or communication items, be
received;
That Council endorse Middle Park as the name of the new park at 3301 Middle
Road in Bowmanville, based on Clarington’s Park Naming Policy;
That Council direct staff to install a memorial bench, in a location meaningful to the
family, in recognition of Spencer McCracken, a Bowmanville resident who tragically
died in a traffic accident and received an outpouring of community support for
memorial recognition; and that the $3,107.50 fee for the bench be waived; and
September 23, 2024
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That all interested parties listed in Report CAO-003-24, and any delegations be
advised of Council’s decision.
Carried
10.2.1 Memo-006-24 - Name for New Neighbourhood Park at 3301 Middle Road
This matter was considered during Item 10.2.
11. Confidential Items
12. Confirming By-Law
Resolution # C-104-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That leave be granted to introduce By-law 2024-043, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 23rd day of September, 2024; and
That the said by-law be approved.
Carried
13. Adjournment
Resolution # C-105-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That the meeting adjourn at 8:15 p.m.
Carried