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Council Minutes

Meeting #:

Date:

Monday, October 28, 2024

Time:

6:30 P.m. - 10:30 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 W. Woo, 
• and Councillor M. Zwart 

Absent:

• Councillor C. Traill 

Staff Present:

• M. Dempster, 
• J. Gallagher, 
• R. Maciver, 
• T. Pinn, 
• M. Chambers, 
• L. Reck, 
• and D. Lyons 

Other Staff Present:

• Monica Machacek, Justin MacLean, Jennifer O'Meara, Melissa Westover

   

---

1.

Call to Order

Mayor Foster called the meeting to order at 6:30 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.

• Suspend the Rules

  Resolution # C-106-24
  Moved by Councillor Anderson
  Seconded by Councillor Elhajjeh

  That the Rules of Procedure be suspended to add the delegation of Pankaj Panchal, Unity in Diversity, regarding fireworks during Diwali, to the Agenda as Item 6.5.

  Carried

• Suspend the Rules

  Resolution # C-107-24
  Moved by Councillor Woo
  Seconded by Councillor Anderson

  That the Rules of Procedure be suspended to add the delegation of John Colville, regarding Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential Units at 922 Green Road, Bowmanville, to the Agenda as Item 6.6.

  Carried

6.

Presentations / Delegations

6.1

Presentation to the Clarington Minor Lacrosse U15 Team

Mayor Foster recognized the U15 Clarington Minor Lacrosse Team for having an extremely successful season, winning gold in two of the three tournaments they competed in, and silver in the third tournament. They won gold in the B Provincial Field Championships and gold in the B Provincial Box Championships. The team members include: Jonas Saucier, Harland Relph, Grayson Lane, Lleyton Maybury, Liam Lawson, Scott Wylie, Mason Littlejohn, Colton Hotchkiss, Cole Marshall, Kyle Laforge, Dominic Soares, Ashton Cannon, Gavin Smith, Wesley Verschuuren, Keaton Gillman, Mason Doucette, Callum Selkirk, and Tyson Staples.

6.2

Presentation to the Clarington Minor Lacrosse U17 Team

Mayor Foster recognized the U17 Clarington Minor Lacrosse Team who won the silver for Field Lacrosse in the A Division and competed at the Ontario Summer Games and brought home the gold medal in the A Division, which is a first for Clarington Minor Lacrosse. The team members include: Hayden Addison, Declan Mitchell-Gill, Torren Zentner, Braxtin Howard, Kennen Withers, Landon Kenny, Charlie Evans, Patrick Fee, Declan Ready, Liam Hackett, Kayden McBride-Hyde, Teagan Hartnett, James Jemmott, Lincoln Boulanger, Caleb Hills, Matthew Souter, Nolan Preston, Kayle Rayner, Kellar Kelusky, and Cooper Wilson.

6.3

Presentation by Todd Brown, President, Principal Planner, Monteith Brown Planning Consultants, regarding Report CAO-007-24 - Parks, Recreation and Culture Master Plan

Todd Brown, President, Principal Planner, Monteith Brown Planning Consultants, was present regarding Report CAO-007-24 - Parks, Recreation and Culture Master Plan. Using an electronic presentation, Todd provided overview of the project purpose, project process, and reviewed the Draft Master Plan Feedback. T. Brown outlined the changes made to finalize the Master Plan and reviewed the next step for implementation once approved by Council. Todd answered questions from Members of Committee.

6.4

Delegation by Lisa Kletts, Junior Planner, D.G. Biddle and Associates, regarding Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential Units at 922 Green Road, Bowmanville

Lisa Kletts, Junior Planner, D.G. Biddle and Associates, was present regarding Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential Units at 922 Green Road, Bowmanville. Lisa provided an overview of the application and noted they have reviewed the concerns with the environmental impact study, traffic and grading. L. Kletts added that the Central Lake Ontario Conservation Authority (CLOCA) has reviewed the environmental impact study. Lisa answered questions from the Members of Council.

6.5

Pankaj Panchal, Unity in Diversity, regarding a request for Fireworks during Diwali

Pankaj Panchal, Unity in Diversity, was present regarding a request for fireworks during Diwali without obtaining a permit. Pankaj explained that, although the fee is waived, they are required to apply for a Fireworks Permit for the Municipality of Clarington. P. Panchal referred to a handout that was distributed to the Members of Council and noted that Oshawa, Whitby, Ajax and Pickering allow for fireworks during Diwali. Pankaj concluded by requesting that Clarington waive the permit application requirement for Diwali fireworks.

• Resolution # C-108-24
  Moved by Councillor Rang
  Seconded by Councillor Elhajjeh

  That status quo remain, regarding a request by Pankaj Panchal to remove the requirement for a permit for Diwali fireworks, and

  That Staff report back on the number of permits issued and the outcomes of those permits (i.e. complaints).

  Carried

6.6

John Colville regarding Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential Units at 922 Green Road, Bowmanville

John Colville was present regarding Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential Units at 922 Green Road, Bowmanville. John has spoken previously and has the same concerns. J. Colville has concerns with traffic, speeding, noise and drainage. John also noted the concerns with the blast noise from St. Marys. J. Colville feels there will be impacts to the wells in the area and that it is being built on a flood plain. John asked for clarification on the zoning of the property and believes development will be in contradiction to the Zoning By-law and the Clarington Official Plan. John answered questions from the Members of Council.

• Recess

  Resolution # C-109-24
  Moved by Councillor Elhajjeh
  Seconded by Councillor Anderson

  That the Council recess for 10 minutes.

  Carried

  The meeting reconvened at 8:52 p.m. with Mayor Foster in the Chair.

  
  

• Alter the Agenda

  Resolution # C-110-24
  Moved by Councillor Zwart
  Seconded by Councillor Rang

  That the Agenda be altered to consider Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential 
  Units at 922 Green Road, Bowmanville (Item 6.1 of the Planning and Development Committee Minutes), at this time.

  Carried

• Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential Units at 922 Green Road, Bowmanville (Item 6.1 of the Planning and Development Committee Minutes)

  Resolution # C-111-24
  Moved by Councillor Rang
  Seconded by Councillor Anderson

  That Report PDS-041-24 and any related delegations or communication items, be received;

  That the Zoning By-law Amendment application submitted by 1494339 Ontario Limited be approved with minor modifications and the By-law contained in Attachment 1 to Report PDS-041-24 be approved;

  That the application for Draft Plan of Subdivision S-C-2022-0001 submitted by 1494339 Ontario Limited be supported, subject to the conditions approved by the Deputy CAO of Planning and Infrastructure Services;

  That once all conditions contained in the Clarington Official Plan and Zoning By-law 84-63 with respect to the removal of the (H) Holding Symbol and the conditions of the Subdivision and Site Plan are satisfied, the By-law authorizing the removal of the (H) Hold Symbol be approved by the Deputy CAO of Planning and Infrastructure Services;

  That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-041-24 and Council’s decision; and

  That all interested parties and any delegations be advised of Council’s decision..

  Carried

7.

Consent Agenda

7.1

Council and Standing Committee Minutes

7.1.1

Minutes from the regular meeting of Council dated September 23, 2024

• Resolution # C-112-24
  Moved by Councillor Elhajjeh
  Seconded by Councillor Anderson

  That the minutes from the regular meeting of Council dated September 23 2024, be adopted.

  Carried

7.1.2

Minutes from the General Government Committee Meeting dated October 7, 2024

• Resolution # C-113-24
  Moved by Councillor Anderson
  Seconded by Councillor Elhajjeh

  That the minutes from the General Government Committee meeting dated October 7, 2024, be approved.

  Carried

7.1.2.1

Correspondence from Stacey Hawkins, Executive Officer, Durham Region Homes Builders' Association, regarding Report FSD-040-24, Green Development Framework – Update and Program Implementation

This matter was considered during Item 6.7 of the General Government Committee Minutes.

7.1.3

Minutes from the Planning and Development Committee Meeting dated October 21, 2024

• Resolution # C-114-24
  Moved by Councillor Woo
  Seconded by Councillor Zwart

  That the minutes from the Planning and Development Committee meeting dated October 21, 2024, be adopted with the exception of Items 7.1 and Item 6.1 which was considered earlier in the meeting.

  Carried

• Item 7.1 - CAO-006-24 - Clarington Cellular Service Enhancement Project

  Resolution # C-115-24
  Moved by Councillor Anderson
  Seconded by Councillor Rang

  That Report CAO-006-24, and any related delegations or communication items, be received;

  That Staff be directed to negotiate an agreement with Shared Tower Inc. for the construction and operation of telecommunication towers at Fire Station 1, Fire Station 3, and South Courtice Arena as identified in Report CAO-006-24;

  That Staff be directed to negotiate an agreement with Shared Tower Inc. for the construction and operation of a telecommunications antenna / tower system to support addressing cellular coverage gaps in north Bowmanville, subject to identifying an appropriate Municipally owned property location;

  That the CAO be delegated the authority to execute the agreements or any other required documents, in a form satisfactory to the Deputy CAO, Legislative Services / Solicitor;

  That Staff be directed to support Shared Tower Inc. in seeking the necessary carrier agreements to advance licensing and construction of the antenna systems as quickly as possible;

  That Staff be directed to negotiate agreements with Shared Tower Inc. for the construction and operation of telecommunication towers at Solina Community Hall and Tyrone Community Centre and that the respective Hall Boards be engaged and consulted as part of the process.

  That all interested parties listed in Report CAO-006-24, and any delegations be advised of Council’s decision.

  Carried

7.1.3.1

Memo-009-24 - Clarington Cellular Service Enhancement Project - Update (Item 7.1)

This matter was considered during the discussion of Item 7.1 of the Planning and Development Committee Minutes.

7.2

Advisory Committee and Local Board Minutes

• Resolution # C-116-24
  Moved by Councillor Rang
  Seconded by Councillor Elhajjeh

  That all Items listed in Section 7.2, be approved on consent in accordance with the agenda, with the exception of Item 7.2.8.

  Carried

7.2.1

Minutes from the Newcastle Village Community Hall Board meetings dated April 16, May 21, June 18, September 17 and October 9, 2024

• That the minutes from the Newcastle Village Community Hall Board meeting dated April 16, May 21, June 18, September 17, and October 8, 2024, be received for information.

7.2.2

Minutes from the Newcastle Memorial Arena Board meeting dated September 10 (Revised) and October 8, 2024

• That the minutes from the Newcastle Memorial Arena Board meeting dated September 10 (revised) and October 8, 2024, be received for information.

7.2.3

Minutes from the Bowmanville Santa Clause Parade Committee meeting dated September 11 and October 9, 2024

• That the minutes from the Bowmanville Santa Claus Parade Committee meeting dated September 11 and October 9, 2024, be received for information.

7.2.4

Minutes from the Samuel Wilmot Nature Area Management Advisory Committee meeting dated September 17, 2024

• That the minutes from the Samuel Wilmot Nature Area Management Advisory Committee meeting dated September 17, 2024, be received for information. 

7.2.5

Minutes from the Clarington Heritage Committee meeting dated September 17, 2024

• That the minutes from the Clarington Heritage Committee meeting dated September 17, 2024, be received for information.

7.2.6

Minutes from the Tyrone Community Hall Board meeting dated September 25, 2024

• That the minutes from the Tyrone Community Hall Board meeting dated September 25, 2024, be received for information.

7.2.7

Minutes from the Clarington Agricultural Advisory Committee meeting dated August 8 and October 10, 2024

• That the minutes from the Clarington Agricultural Advisory Committee meeting dated October 10, 2024, be received for information.

7.2.8

Minutes from the Clarington Diversity Advisory Committee meeting dated October 17, 2024

• Resolution # C-117-24
  Moved by Councillor Anderson
  Seconded by Councillor Elhajjeh

  That the minutes from the Clarington Diversity Advisory Committee meeting dated October 17, 2024, be received for information.

  Carried

7.2.8.1

Motion regarding consideration for a Cricket Pitch in the Parks, Recreation and Culture Master Plan

• Resolution # C-118-24
  Moved by Councillor Anderson
  Seconded by Councillor Rang

  That the PRC Master Plan give some priority to identifying a space for a proper cricket pitch given that the demand for such a pitch is growing and the current pitch is not useable.

  Motion Lost

7.3

Communications

7.4

Staff Reports and Staff Memos

7.5

By-laws

• Resolution # C-119-24
  Moved by Councillor Rang
  Seconded by Councillor Elhajjeh

  That leave be granted to introduce By-laws 2024-045 to 2024-049; and

  That the said by-laws be approved.

  Carried

7.5.2

2024-045 - Being a by-law to close and to authorize the sale of part of a road allowance

7.5.3

2024-046 - Being a By-law to establish, lay out and dedicate certain lands as public highways Clarington, to assume certain streets within Clarington as public highways in Clarington, and to name them.

7.5.4

2024-047 - Being a By-law to establish, lay out and dedicate certain lands as public highways Clarington, to assume certain streets within Clarington as public highways in Clarington, and to name them.

7.5.5

2024-048 - Being a By-law to establish, lay out and dedicate certain lands as public highways Clarington, to assume certain streets within Clarington as public highways in Clarington, and to name them.

7.5.6

2024-049 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington

7.5.1

2024-044 - Being a By-law to amend the Exotic Animal By-law 2012-045 that regulates prohibited animals in the Municipality of Clarington

• Resolution # C-120-24
  Moved by Councillor Woo
  Seconded by Councillor Anderson

  That By-law 2024-044, be referred back to Staff for consideration of the concerns noted in the Agricultural Advisory Committee minutes dated October 10, 2024.

  Motion Lost
• Resolution # C-121-24
  Moved by Councillor Woo
  Seconded by Councillor Rang

  That leave be granted to introduce By-law 2024-044; and

  That the said by-law be approved.

  Carried

8.

Items for Separate Discussion

9.

Business Arising from Procedural Notice of Motion

10.

Unfinished Business

10.1

Report CAO-007-24 - Parks, Recreation and Culture Master Plan – Final Report

• Resolution # C-122-24
  Moved by Councillor Rang
  Seconded by Councillor Anderson

  That Report CAO-007-24, and any related delegations or communication items, be received;

  That the Parks, Recreation and Culture Master Plan, attached to Report CAO-007-24, as Attachment 1, be endorsed;

  That the CAO be directed to develop a five-year action plan, inclusive of a financing strategy, to address top short-term priorities identified in the Parks, Recreation and Culture Master Plan, and report back to Council in Q1 2025;

  That Council recognize and consider feedback received as part of the community survey related to special projects and prioritizing future investment;

  That all interested parties listed in Report CAO-007-24, and any delegations be advised of Council’s decision.

  Yes (6)	Mayor Foster, Councillor Anderson, Councillor Zwart, Councillor Rang, Councillor Elhajjeh, and Councillor Woo
  Absent (1)	Councillor Traill

  Carried on a recorded vote (6 to 0)
• Resolution # C-123-24
  Moved by Councillor Rang
  Seconded by Councillor Elhajjeh

  That the foregoing Resolution #C-122-24 be amended by adding the following:

  That the CAO, on behalf of Council, explore opportunities that may present itself to meet the cultural needs of the community for a large field suitable for Ribfest, concerts, and cultural events.

   

  Carried

  The foregoing Resolution #C-122-24 was then put to a recorded vote and carried as amended.

  
  

• Main Motion as Amended

  Resolution # C-124-24

  That Report CAO-007-24, and any related delegations or communication items, be received;

  That the Parks, Recreation and Culture Master Plan, attached to Report CAO-007-24, as Attachment 1, be endorsed;

  That the CAO be directed to develop a five-year action plan, inclusive of a financing strategy, to address top short-term priorities identified in the Parks, Recreation and Culture Master Plan, and report back to Council in Q1 2025;

  That Council recognize and consider feedback received as part of the community survey related to special projects and prioritizing future investment;

  That the CAO, on behalf of Council, explore opportunities that may present itself to meet the cultural needs of the community for a large field suitable for Ribfest, concerts, and cultural events; and

  That all interested parties listed in Report CAO-007-24, and any delegations be advised of Council’s decision.

10.1.1

Correspondence from Steven Cooke and Tenzin Shomar, Clarington Public Library Board regarding Parks, Recreation and Culture Master Plan

This matter was considered during the discussion of Item 10.1, Report CAO-007-24 - Parks, Recreation and Culture Master Plan – Final Report

10.2

Memo-008-24 - Budget Decision on the Cafeteria Building at Camp 30

• Resolution # C-125-24
  Moved by Councillor Anderson
  Seconded by Councillor Elhajjeh

  Whereas at the September 16, 2024, Special General Government Committee, PUB-012-24 provided the following recommendation: “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”;

  Whereas the emergency stabilization and abatement work are estimated to be $4.5m with potential unknown cost escalation;

  Whereas the Jury Land Foundation committed to fundraising to offset the cost for the preservation of the Cafeteria Building at Camp 30; and,

  Whereas Staff have identified the need to preserve the Heritage Significance of this site and that a Heritage Impact Assessment be undertaken to provide alternative options and costing to commemorate Camp 30.

  Therefore, be it resolved that:

  1. That Staff be directed to undertake a Heritage Impact Assessment to provide alternative options and costing to commemorate the building rather than full restoration, including consulting with the Heritage Committee and Jury Lands Foundation; and,
  2. That Staff report back to Council with the findings of the Heritage Impact Assessment and provide recommendations.

   

  Carried

10.3

Bowmanville Zoo Lands Park Master Plan 

• Resolution # C-126-24
  Moved by Councillor Rang
  Seconded by Councillor Woo

  That Council authorize Staff to implement the recommendations of the Bowmanville Zoo Lands Master Plan by issuing a Request for Proposal to select a qualified consultant to advance the Master Plan concept into detailed design for Phase I – Trails; and

  That Council allocate $1,112,500.00 for Phase I – Trails to start construction in 2025 with a trail opening to the public in 2026.

  Yes (6)	Mayor Foster, Councillor Anderson, Councillor Zwart, Councillor Rang, Councillor Elhajjeh, and Councillor Woo
  Absent (1)	Councillor Traill

  Carried on a recorded vote (6 to 0)

11.

Confidential Items

• Closed Session

  Resolution # C-127-24
  Moved by Councillor Anderson
  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 matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; and
  • a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary .
  Carried

• Recess

  Resolution # C-128-24
  Moved by Councillor Rang
  Seconded by Councillor Elhajjeh

  That the Council recess for 10 minutes.

  Carried

  The meeting reconvened at 9:56 p.m. with Mayor Foster in the Chair.

  
  

11.1

Verbal Update from the Deputy CAO/Solicitor regarding Camp 30 OLT Appeals

11.2

Report CAO-008-24 - A matter related to a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board

Rise and Report

The meeting resumed in open session at 10:32 p.m.

Mayor Foster advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff.

12.

Confirming By-Law

• Resolution # C-129-24
  Moved by Councillor Rang
  Seconded by Councillor Elhajjeh

  That leave be granted to introduce By-law 2024-050, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 28th day of October, 2024; and

  That the said by-law be approved.

  Carried

13.

Adjournment

• Resolution # C-130-24
  Moved by Councillor Zwart
  Seconded by Councillor Anderson

  That the meeting adjourn at 10:33 p.m.

  Carried