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Joint General Government and Planning and Development Committees

Minutes

Meeting #:
Date:	Monday, September 13, 2021
Time:	9:30 A.m. - 4:30 P.m.
Location:	Council Members (in Chambers or MS Teams) \| Members of the Public (MS Teams)

Members Present:	Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, and Councillor M. Zwart
Regrets:	Councillor C. Traill
Staff Present:	A. Allison, J. Newman, L. Patenaude, G. Acorn, S. Brake, R. Maciver, T. Pinn, R. Windle, M. Perini, and G. Weir
Other Staff Present:	L. Backus, T. Gamble, S. Jeffrey, M. Jull, K. Richardson, F. Langmaid, B. Radomski, C. Strike, C. Salazar, A. Tapp

1.
Call to Order

Councillor Anderson called the meeting to order at 9:34 a.m.

2.
Land Acknowledgement Statement

Mayor Foster led the meeting in the Land Acknowledgement Statement.

3.
Declaration of Interest

Councillor Hooper declared a direct interest in Item 9.5.1, Report FSD-039-21 Heritage Tax Incentive.

4.
Announcements

Members of Committee announced upcoming community events and matters of community interest.

5.
Public Meetings

5.1
Public Meeting for an Official Plan and Zoning Bylaw Amendment to Increase Permissions for Additional Dwelling Units (ADUs)

1.Notice of Public Meeting - ADUs.pdf

2.PM Presentation - Additional Dwelling Units.pdf

3.Linda Fockler Presentation.pdf

4.Libby R. Presentation ADU Public Meeting.pdf

Mark Jull, Planner II, made a verbal presentation to accompany an electronic presentation.

Linda Fockler was present in support of the Additional Dwelling Units (ADUs). She noted that she lives in the Oak Ridges Moraine and expressed concerns regarding the restrictions. Ms. Fockler questioned if there is a limit for severances for rural lands. She explained that the amendments will allow ADUs with some limitations for the Oak Ridges Moraine and that the goal of the restrictions is to preserve the Moraine to ensure the aquifer will remain unpolluted for the GTA community. Ms. Fockler added that families living on the Moraine love and protect the lands from individuals who dump garbage, pick up garbage others dump, report strangers hanging around and ensures that personal use keeps the land, springs, and creeks in an environmentally pure condition. She expressed that the lands should be protected and stated that ADUs will allow children to return to their parents' lands and continue to protect them. Ms. Fockler requested that, if the goal is to preserve the Moraine, allow families living there to have the opportunity to build ADUs and to ensure the people who care, remain on the land as caregivers. She explained that ADUs would allow older generations to move into new units and how properties with frontages on two side roads would create up to three new homes to assist in complying with the provincial guidelines to create affordable housing. Ms. Fockler concluded by requesting that Council allow small housing, with controlled regulated development that protects the Moraine and to keep the lands out of developers' hands.

Rudy Kraayvanger was present in support of the Additional Dwelling Units (ADUs) as they allow property owners to do more with their property. He expressed his concern regarding the confusion between the Oak Ridges Moraine and Greenbelt. Mr. Kraayvanger stated that there is opportunity to have ADUs within the provincial controlled areas. He stated that existing properties would not be changed or adversely affected by adding ADUs. Mr. Kraayvanger stated that he believes there does not need to be as many limits as suggested in the area and concluded by questioning if all residences will have one front door access or can they have two exterior entrances.

Michael Longarini was present in support of the Additional Dwelling Units (ADUs). He stated that Clarington should open up the possibility for ADUs to allow more flexibility in the approval process and reduce the barriers and associated costs. Mr. Longarini explained that accessory structures can provide a way to take stress off the demand for rural lot creation, or settlement area expansion. He added that many farms also support additional possibilities for worker living areas. Mr. Longarini stated that the garden suite approvals should be temporary and that including "portable" in the definition is an unnecessary barrier. He explained that the garden suites should not have restrictions on who the occupants are and should be allowed to have extended family, residential rental or short-term rentals, or any other home business already permitted in the area. Mr. Longarini noted that the location of garden suites on large lots should be flexible for maximum setbacks. He questioned if an old garage was converted into a garage/ADU, does it restrict from building another new garage on the property if space allows. Mr. Longarini expressed his concerns regarding the cost of a temporary use by-law and approval process and concluded by stating he hopes to see continued efforts to support affordable housing in rural Clarington.

Recess
Resolution #JC-001-21
Moved byMayor Foster
Seconded byCouncillor Jones
That the Committee recess for 5 minutes.
Carried
The meeting reconvened at 10:59 a.m. with Councillor Anderson in the Chair.

Libby Racansky spoke in opposition of the Addional Dwelling Units (ADUs). She explained that the Moraine and greenbelt is exempted from the provincial implementation in Clarington communities. Ms. Racansky explained that the intensification of the Courtice North neighbourhood and its northern rural communities have already removed numerous forested areas. She added that it caused residents to experience dryness, hot temperatures, or wetness, even flooding within the urbanized centers. Ms. Racansky stated that the watershed is important for the remaining forests, wetlands, and ensures farms have sufficient water. She explained that there needs to be a place for affordable housing, but not in an area that is important to the watershed, which has been damaged already. Ms. Racansky stated that intensification is needed in areas where redevelopment would be a positive move, creating desirable and affordable homes without disrupting woodlots. She concluded by explaining that adding ADUs into the lands are not suitable for the watershed because it would further reduce the possibility of infiltration into the ground and increase overland runoff. Ms. Racansky added that the watershed should be included within the Moraine and greenbelt, with an exception of urban lands where the existing basements could be used to satisfy the interest of affordability.

5.1.1
PDS-041-21 Additional Dwelling Units - Official Plan and Zoning Bylaw Amendments

1.PDS-041-21.pdf

2.Attachment 1 to Report PDS-041-21.pdf

3.Attachment 2 to Report PDS-041-21.pdf

4.Attachment 3 to Report PDS-041-21.pdf

Resolution #JC-002-21
Moved byMayor Foster
Seconded byCouncillor Hooper

That Report PDS-041-21 and any related communications be received;

That Staff consider comments from the public and Council with respect to the Municipally-initiated Official Plan and Zoning Bylaw Amendments to increase permissions for Additional Dwelling Units prior to bringing back a recommendation report; and

That all interested parties listed in Report PDS-041-21 and any delegations be advised of Council’s decision.

Carried

5.2
Public Meeting for an Official Plan and Zoning By-law Amendment

1.Public Meeting Notice - 4382 Green Road.pdf

2.5.2 Public Meeting Presentation - 4382 Green Road.pdf

Sean Jeffrey, Planner I, made a verbal presentation to accompany an electronic presentation.

Hugh Stewart, Clark Consulting Services, agent for the applicant, was present to answer questions regarding the application.

5.2.1
PDS-042-21 Official Plan and Zoning Bylaw Amendment to Facilitate the Severance of a Farm Dwelling Rendered Surplus as a Result of the Consolidation of Non-Abutting Farm Parcels

1.PDS-042-21.pdf

Resolution #JC-003-21
Moved byCouncillor Hooper
Seconded byMayor Foster

That Report PDS-042-21 and any related communication items, be received;

That the application to amend the Clarington Official Plan and Zoning By-law 84-63 continue to be processed;

That Staff receive and consider comments from the public and Council with respect to OPA2021-0004 and ZBA2021-0012; and

That all interested parties listed in Report PDS-042-21 and any delegations be advised of Council’s decision.

Carried
The public meeting concluded at 11:28 a.m.

6.
Presentations/Delegations

6.1
Lise Morton, Vice-President, Site Selection and Norman Sandberg, C.E.T., Relationship Manager, Nuclear Waste Management Organization, Regarding Canada's Plan for Long-Term Management of Canada's Used Nuclear Fuel

1.6.1 Presentation NWMO Clarington Council Update for 2021-09-13.pdf

Lise Morton, Vice-President, Site Selection and Norman Sandberg, C.E.T., Relationship Manager, Nuclear Waste Management Organization (NWMO) was present regarding Canada's Plan for Long-Term Management of Canada's Used Nuclear Fuel. They made a verbal presentation to accompany an electronic presentation. Ms. Morton provided the background of NWMO and their mission statement. She provided an overview of used nuclear fuels, the various areas using the fuel in Canada, the repository engineering and facility design, and the multiple barriers to contain and isolate. Ms. Morton outlined the six safety functions used for their technical evaluation criteria. She added that there is a need to transport the fuel, so they are working on safe and secure transportation routes that are socially acceptable. Ms. Morton noted that they are proud of their reconciliation policy and are committed to reconciliation with indigenous communities. She added that they have a council of elders and youth from around the country that serve to provide advice and knowledge to NWMO on how to interweave indigenous knowledge and establish meaningful indigenous relationships. Ms. Norton stated that they are aiming to make a site selection by the end of 2023. She outlined the three main components required in the selection which contained a willing community, safety, and transportation. Ms. Norton noted they will only proceed with the project with a willing and informed community.

Suspend the Rules
Resolution #JC-004-21
Moved byMayor Foster
Seconded byCouncillor Zwart
That the Rules of Procedure be suspended to extend the presentation for an additional 5 minutes.
Carried
Ms. Norton outlined the project timeline which included a site selection, regulatory approval, and design and construction. Ms. Norton concluded by outlining the background of the site selection. Mr. Sandberg provided an overview of the transportation at NWMO. He displayed a photo of a shipping container and stated the modes and routes are still under review. Mr. Sandberg outlined their approach to transportation which included 8 steps and stated their national and international collaboration companies. Ms. Norton and Mr. Sandberg answered questions from Members of Committee.
Resolution #JC-005-21
Moved byMayor Foster
Seconded byCouncillor Hooper
That the Delegation of Lise Morton, Vice-President, Site Selection and Norman Sandberg, C.E.T., Relationship Manager, Nuclear Waste Management Organization (NWMO), regarding Canada's Plan for Long-Term Management of Canada's Used Nuclear Fuel, be received with thanks.
Carried
Resolution #
The Committee recessed for their one hour scheduled break in accordance with the Procedural By‑law.
The meeting reconvened at 1:03 p.m. with Councillor Anderson in the Chair.

6.2
Wendy Bracken, Regarding Amendments to O. Reg. 79/15 to Further Streamline the Use of Alternative Low-Carbon Fuels

1.Wendy Bracken Delegation to Clarington Council September 13 2021.pdf

Wendy Bracken was present regarding Amendments to O. Reg. 79/15 to Further Streamline the Use of Alternative Low-Carbon Fuels. She made a verbal presentation to accompany an electronic presentation. Ms. Bracken outlined the proposal details stating that she has concerns regarding the amendments as they lead to further erosion. She stated that O. Reg 79/15 lacks criteria and monitoring to protect the public. Ms. Bracken expressed her concerns regarding removing the requirement for proponent to test actual waste samples for CO2 emission intensity as they aren't stating what sources they are using. She added that when they burn and measure the ALCF fuels, the carbon fuels were higher than when they burn conventional fuels. Ms. Bracken stated that the regulation does not require CO2 monitoring to verify greenhouse gas reduction. She expressed her concerns regarding the regulation removing public consultation and nitrogen oxide and sulfur dioxide requirements. Ms. Bracken added that the industries are massive polluters and have very high levels already. She expressed her concerns regarding increasing the limit of ALCF from 100 to 200 tonnes per day and removing dead animals or animal parts from the list of restricted low-carbon fuels.

Suspend the Rules
Resolution #JC-006-21
Moved byCouncillor Neal
Seconded byCouncillor Hooper
That the Rules of Procedure be suspended to extend the delegation for an additional 2 minutes.
Carried
Ms. Bracken requested that Council act on the regulations immediately and submit a comment to the registry today, indicating the concerns with the proposal as the amendments should be going the other way to protect rather than increase erosion. She added that the public should not be shut out of the process and that there is another posting regarding an installation of a self combustion unit that Council should review and answered questions from Members of Committee.
Resolution #JC-007-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That Staff be directed to forthwith file an ER comments on the potential changes to O. Reg 79/15 to:
1. oppose reductions in monitoring and reporting, including the use of secondary and tertiary sources for testing;
2. ensure that carbon dioxide testing is carried out at the stack; and
3. oppose the elimination of public consultation from decisions on Alternative Low Carbon Fuels.
Yes (6) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart
Absent (1) Councillor Traill
Carried on a recorded vote (6 to 0)
Alter the Agenda
Resolution #JC-008-21
Moved byMayor Foster
Seconded byCouncillor Jones
That the Agenda be altered to consider item 6.9, Delegation of Richard J. Mazar, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville, at this time.
Carried

6.9
Richard J. Mazar, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Richard J. Mazar, was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Mazar expressed his concerns regarding the application noting that having two stores side by side does not make sense. He explained that it is a flaw in the planning perspective as the design of the property is not appropriate for commercial uses. Mr. Mazar added that the location has narrowed driveways beside each other, limited access, and will have a serious problem with parking and traffic if the property was rezoned. He requested that Council reconsider the application as it is does not make economic sense for Newtonville. Mr. Mazar answered questions from Members of Committee.

6.3
Serena Rolle, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Serena Rolle was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Ms. Rolle explained that they are the owners of 4502 Highway 2 and that the application should be denied. She expressed her concerns regarding parking, traffic and not enough room for an accessible parking spot. Ms. Rolle stated that this application is creating a divide in the community as two stores side by side doesn't make sense. She displayed a photo of the two properties and answered questions from Members of Committee.

6.4
Justin Rolle, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Justin Rolle was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Rolle expressed his concerns regarding the background of the application. He provided an overview of their store and why they chose to move to Newtonville. Mr. Rolle expressed concerns regarding his personal relationship with Mr. Kerswell. He explained that the Newtonville General Store has been operating since the 1900s and stated that approving another store right beside does not make sense. He stated that the fence line between the properties extends to the wooden pole and encouraged Council to drive by and view the property. Mr. Rolle expressed his concerns regarding parking, site lines being blocked by the delivery truck and the safety of residents.

6.5
Frank Hill, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Frank Hill was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Hill stated that they are the new owners of the General Store and are concerned about the recommended zoning. He questioned if Council votes in favor of planning staff recommendations or what is best for the Community. Mr. Hill expressed his concerns regarding safety and parking on Mr. Kerswell's property. He stated that Mr. Kerswell's delivery truck restricts their establishment and is unsafe as the truck will be forced to park on Highway 2, obstructing site lines. Mr. Hill expressed his concerns regarding the amount of parking and accessible parking spots. He explained that if this application is approved, it will cause a divide in the community. Mr. Hill questioned how the application could be approved with single file parking and public safety as no one will know where to park, exit or walk.

6.6
Sara Thomas, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Sara Thomas was called upon and was not present.

6.7
Ricky Menezes, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Ricky Menezes was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Menezes explained that he is a legally blind member of the community and expressed his concerns regarding the parking hazards he is going to face with two stores side by side. He stated that it is important to carefully analyze the application not only for parking concerns, but for persons with disabilities and seniors. Mr. Menezes added that he takes this topic very seriously as it is detrimental to everyone with disabilities and noted that the area is now going to be commercialized. He encouraged Members of Council to drive by and see the risks in person.

6.8
Danielle Kane, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Danielle Kane was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Ms. Kane stated that she is a survivor of the Danforth shooting and is now paralyzed and in a wheelchair. She explained that her eyes have been opened to the general lack of accessibility in Ontario. Ms. Kane stated that this application should comply with the AODA standards and must provide equal access to persons with disabilities as others in the community. She explained that 4504 Highway 2 is not the best location to create a commercial space as the accessibility standards cannot be met. Ms. Kane added that the proposed areas do not have adequate room for parking and questioned how an accessible parking spot will fit. She concluded by stating this location does not comply with the accessibility standards and should not be approved.

6.10
Darryl Kerswell, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville

Darryl Kerswell was present as the applicant for this matter. Mr. Kerswell explained that the new plans are inclusive to accessible access with an addition to include a full accessible bathroom, with ground floor access. He added that in addition to the parking concerns, two spots meet the requirements and have ample space. Mr. Kerswell stated that removal of the side entrance grants extra access for extra parking for residents. He explained that there is no obstruction out front and added that there will be no cars blocking traffic. Mr. Kerswell stated that Planning Staff have been satisfied pending receiving an equal easement agreement, the same as the General Store, for loading and unloading. He noted that he wants to reopen an existing business in a new location and added that he welcomes any new business for growth in the area. Mr. Kerswell expressed that there shouldn't be any division in the community and answered questions from Members of Committee.

7.
Reports/Correspondence Related to Presentations/Delegations

7.1
PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property Known at 4504 Highway 2, Newtonville

1.PDS-043-21.pdf

2.Attachment 1 to Report PDS-043-21.pdf

3.Attachment 2 to Report PDS-043-21.pdf

Resolution #JC-009-21
Moved byCouncillor Zwart
Seconded byMayor Foster

That Report PDS-043-21 and any related communication items, be received;

That the application to amend the Zoning By-law submitted by Darryl Kerswell be approved and the Zoning By-law in Attachment 1 to Report PDS-043-21 be passed;

That a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan approval has been granted;

That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-043-21 and Council’s decision; and

That all interested parties listed in Report PDS-043-21 and any delegations be advised of Council’s decision.

Yes (1) Councillor Zwart
No (5) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, and Councillor Neal
Absent (1) Councillor Traill
Motion Lost on a recorded vote (1 to 5)
Resolution #JC-010-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That Report PDS-043-21 and any related communication items, be received; and

That the application to amend the Zoning By-law submitted by Darryl Kerswell, be denied.
Carried

8.
Communications

8.1
Minutes of the Newcastle Business Improvement Area dated June 10, 2021 and August 12, 2021

1.June 10 2021 NBIA Minutes.pdf

2.August 12 2021 NBIA Minutes.pdf

Resolution #JC-011-21
Moved byCouncillor Neal
Seconded byMayor Foster
That Communication Item 8.1, Minutes of the Newcastle Business Improvement Area dated June 10, 2021 and August 12, 2021, be received for information.
Carried

8.2
Minutes of the Orono Business Improvement Area dated May 13, 2021 and June 10, 2021

1.ODBIA Minutes May 13, 2021.pdf

2.ODBIA Meeting Minutes June 10.pdf

Resolution #JC-012-21
Moved byMayor Foster
Seconded byCouncillor Zwart
That Communication Item 8.1, Minutes of the Orono Business Improvement Area dated May 13, 2021 and June 10, 2021, be received for information.
Carried

8.3
Minutes of the Ganaraska Region Conservation Authority dated June 17, 2021

1.GRCA June 17, 2021.pdf

Resolution #JC-013-21
Moved byCouncillor Neal
Seconded byMayor Foster
That Communication Items 8.3 Minutes of the Ganaraska Region Conservation Authority dated June 17, 2021 and 8.4 Minutes of the Solina Community Hall Board dated July 21, 2021, be received for information.
Carried

8.4
Minutes of the Solina Community Hall Board dated July 21, 2021

1.Solina Community Centre july 21 Meeting 2021.pdf

Resolution #JC-014-21
That Communication Item 8.4, Minutes of the Solina Community Hall Board dated July 21, 2021, be received for information.

8.5
Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax, Regarding Vehicle Noisemaker Muffler Systems

1.Vehicle Noisemaker Muffler Systems.pdf

Resolution #JC-015-21
Moved byMayor Foster
Seconded byCouncillor Hooper
That the following resolution from Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax, regarding Vehicle Noisemaker Muffler Systems, be endorsed by the Municipality of Clarington:

Whereas according to section 75 of the Highway Traffic Act (HTA), every motor vehicle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, Hollywood muffler, by-pass or similar device upon a motor vehicle;

And whereas the act of modifying the exhaust system of a motor vehicle is not currently an offence under the HTA, and as a result muffler and auto-body shops continue to provide such services to individuals who choose to modify their vehicles which could make these vehicles less safe;

And whereas Durham Regional Police Service has been actively laying charges (49 to date) pursuant to section 75 of the HTA against motor vehicle operators whose vehicles make excessive or unusual noise or produce excessive smoke from muffler systems that have been modified;

And whereas Ajax Council continues to receive negative feedback about an increase in noise due to modified vehicles on Regional and local roads;

And whereas on October 28, 2019, the Province of Ontario introduced Bill 132, Better for People, Smarter for Business Act, 2019 which in part sought to amend the HTA to include a new section 75.1 that will make it an offence to tamper with motor vehicles by (a) removing, bypassing, defeating or rendering inoperative all or part of a motor vehicle's emission control system or (b) modifying a motor or motor vehicle in any way that results in increased emissions from the level to which it was originally designed or certified by the manufacturer of the motor or motor vehicle, as well as prohibit the sale of tampering devices that can create excessive noise or smoke on our streets and in our neighbourhoods;

And whereas Bill 132 received Royal Assent on December 10, 2019, however, the Lieutenant Governor has not yet proclaimed section 75.1 of the HTA;

And whereas the City of Mississauga has passed two motions (August 2020 and May 2021), and Region of Peel also passed a motion (May 2021) calling on the Province of Ontario to immediately proclaim and bring into force section 75.1 of the HTA;

Now therefore be it resolved that Ajax Council urge the Province of Ontario to work with the Lieutenant Governor to expedite the proclamation of section 75.1 of the Highway Traffic Act (Better for People, Smarter for Business Act, 2019, S.O. 2019, c. 14, Sched. 16, s. 11);

That the Ministry of Transportation be requested to set a maximum decibel count for exhaust systems to ensure that exhaust systems with the capability of exceeding 80 decibels will not be available for sale and will not be permitted in the Province of Ontario, and consider reviewing and increasing associated penalties for non-compliance;

That the Province of Ontario be requested to provide funding for police services in Ontario to be equipped with approved decibel monitor devices to aid in effective enforcement efforts; and

That a copy of this motion be sent to the Hon. Caroline Mulroney, Minister of Transportation, the Hon. Rod Phillips, Minister of Long-Term Care and MPP for Ajax, all Durham Region Members of Provincial Parliament, the Region of Durham, all Durham municipalities, Durham Regional Police Service, and the Ontario Provincial Police.
Carried

8.6
Jaaneen Calder, Newcastle Business Improvement Area, Regarding Request to Fund New Lighting at the Newcastle Community Hall

1.Newcastle BIA Request - Lighting.pdf

Resolution #JC-016-21
Moved byCouncillor Zwart
Seconded byMayor Foster
That Communication Item 8.6, Janeen Calder, Newcastle Business Improvement Area, Regarding Request to Fund New Lighting at the Newcastle Community Hall, be referred to the September 20, 2021 Council Meeting.
Carried

8.7
Jan Simpson, National President, Canadian Union of Postal Workers, Regarding Request for Support for Delivering Community Power

1.Request for Support for Delivering Community Power_E.pdf

2.DeCoPo-Brochure.pdf

3.Resolution - Community Power.pdf

Resolution #JC-017-21
Moved byMayor Foster
Seconded byCouncillor Zwart
Whereas there is an urgent need for banking services among the unbanked or underbanked, given that thousands of villages and rural municipalities do not have a bank branch and more than 900 municipalities have expressed their support for postal banking;

Whereas thousands of Canadians do not have access to affordable high-speed Internet, and the federal government has long promised to bridge the rural broadband gap;

Whereas urgent action is needed to establish a robust network of electric vehicle charging stations;

Whereas to achieve carbon-neutral targets by 2050, Canada Post must greatly accelerate the electrification of its fleet;

Whereas the extensive network of post offices in our communities can provide a wide range of services as community hubs;

Whereas Canada Post's letter carriers and RSMCs can check-in on vulnerable residents to help keep us in our homes longer as we age;

Whereas Canada Post must play its part for a more equitable post-pandemic recovery;

Whereas “The Way Forward for Canada Post,” the report of the 2016 federal public review of the postal service, recommended that Canada Post expand services and adapt its services to the changing needs of the public;

Whereas the Canadian Union of Postal Workers has advanced Delivering Community Power, a vision of the post-carbon digital-age postal service that address the above needs and more;

Be it resolved that the Municipality of Clarington endorse Delivering Community Power, and write to the Honourable Anita Anand, Minister for Public Services and Procurement, with its rationale and a copy of this resolution.
Yes (3) Mayor Foster, Councillor Anderson, and Councillor Zwart
No (3) Councillor Hooper, Councillor Jones, and Councillor Neal
Absent (1) Councillor Traill
Motion Lost on a recorded vote (3 to 3)
Resolution #JC-017-21
Moved byCouncillor Neal
Seconded byCouncillor Hooper
That Communication Item 8.7, Jan Simpson, National President, Canadian Union of Postal Workers, Regarding Request for Support for Delivering Community Power, be received for information.
Carried

8.8
Requests for Orange Crosswalk Representing Awareness of Indigenous Communities

1.Honouring Indigenous Peoples.pdf

2.Crosswalk Photo.pdf

3.Indigenous Tribube.pdf

4.Indigenous Crosswalk Painting.pdf

5.Indigenous Support.pdf

6.Orange Crosswalk.pdf

Resolution #JC-019-21
Moved byMayor Foster
Seconded byCouncillor Hooper
That Communication Item 8.8, Requests for Orange Crosswalk Representing Awareness of Indigenous Communities, be referred to Staff.
Carried

8.9
Ron Wakeford, Regarding Excessive Speeding on Centerfield Drive, Courtice

1.Excessive Speeding on Centerfield Drive.pdf

Resolution #JC-020-21
Moved byCouncillor Jones
Seconded byCouncillor Neal
That Communication Item 8.9, Ron Wakeford, Regarding Excessive Speeding on Centerfield Drive, Courtice, be referred to Staff.
Carried

8.10
Ontario Eye Exam Fees

1.Eye Exam Fees - Stephynie Sargent.pdf

2.Petition to Save Eye Care.pdf

3.Eye Care Petition.pdf

Resolution #JC-021-21
Moved byCouncillor Neal
Seconded byCouncillor Hooper
That Communication Item 8.10, Ontario Eye Exam Fees, be referred to the Durham Region Health and Social Services Committee.
Motion Withdrawn
Resolution #JC-022-21
Moved byMayor Foster
Seconded byCouncillor Neal
That Communication Item 8.10, Ontario Eye Exam Fees, be referred to the September 20, 2021 Council Meeting.
Carried

8.11
ECCIP Item 5.1, Linda Gasser, Regarding No Response from MECP on the Concerns for AMESA, August 18, 2021

1.Sept 13 21 ECCIP Resolution Neal.pdf

Resolution #JC-023-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That the Municipality of Clarington request answers from the MECP to the inquiries regarding AMESA referenced in the correspondence from Linda Gasser.
Carried
Recess
Resolution #JC-024-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 4:05 p.m. with Councillor Anderson in the Chair.

9.
Staff Reports, Staff Memos and New Business Consideration

9.1
Planning and Development Services

9.1.1
PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No 121 to the Clarington Official Plan

1.Camp 30_ Draft OPA No 121 - PDS-044-21.pdf

2.Attachment 1 to Report PDS-044-21.pdf

3.Attachment 2 to Report PDS-044-21.pdf

4.Attachment 3 to Report PDS-044-21.pdf

Resolution #JC-025-21
Moved byMayor Foster
Seconded byCouncillor Hooper
That Report PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No 121 to the Clarington Official Plan, be referred to the October 4, 2021 Planning and Development Committee meeting.
Carried
Alter the Agenda
Resolution #JC-026-21
Moved byMayor Foster
Seconded byCouncillor Neal
That the Agenda be altered to consider Items 10.1, 12.1, 12.2, 12.3, at this time.
Carried
Alter the Agenda
Resolution #JC-027-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That the Agenda be altered to consider Item 9.2.1, Memo from Stephen Brake, Director of Public Works, Regarding Cobbledick Road, Newcastle Railway Safety Improvement Program Application, at this time.
Carried

9.2
Public Works

Councillor Hooper chaired this portion of the meeting.

9.2.1
Memo from Stephen Brake, Director of Public Works, Regarding Cobbledick Road, Newcastle Railway Safety Improvement Program Application

1.Memo to Council - Resolution GG-253-21 - RSIP Application.pdf

Resolution #JC-028-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That Item 9.2.1, Memo from Stephen Brake, Director of Public Works, Regarding Cobbledick Road, Newcastle Railway Safety Improvement Program Application, be received for information.
Carried

10.
Unfinished Business

Councillor Anderson chaired this portion of the meeting.

10.1
PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115

1.Memo_Heritage Designation Repeal Request 4478 Highway 115 35_Sept 13'21.pdf

Resolution #JC-029-21
Moved byCouncillor Neal
Seconded byCouncillor Hooper
That Unfinished Business Item 10.1, Report PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115, be referred to the September 20, 2021 Council Meeting.
Carried

12.
Confidential Items (Distributed Under Separate Cover)

Suspend the Rules
Resolution #JC-030-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That the Rules of Procedure be suspended to extend the meeting for an additional 1 hour, until 5:30 p.m.
Carried
Closed Session
Resolution #JC-031-21
Moved byMayor Foster
Seconded byCouncillor Hooper
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the following matters that deal with:
- a proposed or pending acquisition or disposition of land by the municipality or local board; and
- advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Carried

12.1
PDS-046-21 Potential Property Acquisition

That the closed session Resolution #CJC-001-21, be approved.

12.2
PDS-047-21 Potential Property Acquisition

That the closed session Resolution #CJC-002-21, be approved.

12.3
LGS-024-21 Camp 30 Option Agreement

That the closed session Resolution #CJC-004-21, be approved.

Rise and Report

The meeting resumed in open session at 5:47 p.m.

Councillor Anderson advised that three items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 as amended, and three resolutions were passed, providing direction to Staff.

Alter the Agenda
Resolution #JC-032-21
Moved byCouncillor Neal
Seconded byMayor Foster
That the Agenda be altered to consider Items 9.6.1 Report CAO-004-21 Appointment of Director of Emergency and Fire services and Item 9.5.1 Report FSD-039-21 Heritage Tax Incentive, at this time.
Carried

9.
Staff Reports, Staff Memos and New Business Consideration

9.6
CAO Office

9.6.1
CAO-004-21 Appointment of Director of Emergency and Fire Services

1.CAO-004-21.pdf

2.Attachment 1 to Report CAO-004-21.pdf

Resolution #JC-033-21
Moved byCouncillor Neal
Seconded byCouncillor Zwart

That Report CAO-004-21 and any related communication items, be received; and

That the By-law attached to Report CAO-004-21, as Attachment 1, appointing Mariano Perini as the Director of Emergency and Fire Services and Fire Chief, be approved.

Carried

9.5
Financial Services Department

9.5.1
FSD-039-21 Heritage Tax Incentive

1.FSD-039-21.pdf

Councillor Hooper declared a direct interest in Item 9.5.1 as his commercial property is heritage designated within Historic Downtown Bowmanville. Councillor Hooper muted his audio and video and refrained from discussion and voting on the matter.

Resolution #JC-034-21
Moved byCouncillor Neal
Seconded byCouncillor Jones
That Item 9.5.1, Report FSD-039-21 Heritage Tax Incentive, be referred to the September 20, 2021, Council meeting.
Carried