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Council Minutes

Meeting #:
Date:
Time:
-
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,
  • Councillor C. Traill,
  • and Councillor M. Zwart
Staff Present:
  • A. Allison,
  • G. Acorn,
  • S. Brake,
  • F. Langmaid,
  • R. Maciver,
  • T. Pinn,
  • M. Chambers,
  • J. Gallagher,
  • R. Windle,
  • and M. Perini

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

Councillor Anderson led the meeting in a moment of reflection.

Councillor Anderson recited the Land Acknowledgement Statement.

There were no disclosures of interest stated at this meeting. 

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

  • Resolution #C-007-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That the minutes of a regular meeting dated December 13, 2021, be approved; 

    That the minutes of a special meeting dated December 20, 2021, be approved; 

    That the minutes of a special meeting dated January 6, 2022, be approved; and

    That the minutes of a special meeting dated January 17, 2022 be approved.

    Carried

Mayor Foster virtually presented a cheque in the amount of $25,240.80 to Jill Richardson and Melodie Zarzeczny of Durham Hospice- Clarington representing the proceeds of the 2021 Mayor’s Golf Classic.  Ms. Richardson and Ms. Zarzeczny thanked Mayor Foster and provided an update on the fundraising initiative of Durham Hospice - Clarington.  Ms. Zarzeczny noted that donations can be made at www.durhamregionhospice.ca by selecting the Clarington location. 

Michael May, Delta Urban Inc. was present regarding Item 12.1 - Farewell Heights Secondary Plan Resolution #C-413-21, previously adopted by Council on December 13, 2021.  Mr. May acknowledged the importance of the Courtice Waterfront & Energy Park Secondary Plan for the Municipality of Clarington.  He requested that Council not support the motion and continue with the commencement and initiation of the Farewell Heights Secondary Plan for the following reasons:

  1. Through Resolution #C-413-21, the Farewell Heights Landowners Group have met the threshold (minimum 75% of participating area), as well as other requirements included in the Clarington Official Plan (Policy 23.3);
  2. The Farewell Heights Landowners Group are committed to funding 100% of the Secondary Plan costs including staffing resource financial obligations for existing staffing positions within Community Planning and Design;
  3. The Farewell Heights Secondary Plan is the last Secondary Plan to be initiated within the Municipality of Clarington;
  4. Delaying the commencement of the Farewell Heights Secondary Plan is contrary to the Province’s invitation to participate in the Streamline Development Approval Fund, where the Municipality of Clarington is eligible to receive up to $1,000,000 of financial support from the Ministry of Municipal Affairs and Housing to streamline development approvals and unlock housing supply. (Item 10.1 of the Council Agenda for January 24, 2022); and
  5. Our understanding of the current workplans for the Courtice Waterfront & Energy Park Secondary Plan and the initiation of the Farewell Heights Secondary Plan, there are minimum overlaps in staffing resource requirements and no envisioned conflicts with the two public consultation programs.

Mr. May concluded by requesting that Council maintain its position established by Resolution #C-413.21 and that the Farewell Heights Secondary Plan continue to proceed.  He answered questions from the Members of Council.

Kirk Kemp was present regarding Item 12.1 - Farewell Heights Secondary Plan Resolution #C-413-21, previously adopted by Council on December 13, 2021.  Mr. Kemp explained to the Members of Council that he supports the Energy Park and Courtice Waterfront Secondary Plans moving forward.  He believes this will provide additional jobs, provide additional housing and will allow for a diversified waterfront park.  Mr. Kemp feels that the Farewell Heights and Energy Park and Courtice Waterfront Secondary Plans can both be worked on at the same time.  He added that he has faith in the Staff of the Municipality of Clarington to be able to move forward on both projects at the same time.  Mr. Kemp requested that Staff work with the Conservation Authority on certain issues to help advance the Secondary Plan for the Courtice Waterfront Park.  He concluded by stating that he believes advancing both Secondary Plans will make Clarington a better place to work, live and play. 

  • Alter the Agenda

    Resolution #C-008-22
    Moved byCouncillor Neal
    Seconded byCouncillor Anderson

    That the Agenda be altered to consider Item 12.1 - Farewell Heights Secondary Plan Resolution #C-413-21, previously adopted by Council on December 13, 2021, at this time. 

    Carried
  • Resolution #C-009-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That, in accordance with subsection 10.12.18 of the Procedural By-law, the Resolution #C-413.21, regarding the Farewell Heights Secondary Plan, previously adopted by Council on December 13, 2021 be amended to add the following words to the end of the second Paragraph, which reads “That Planning and Development Services staff be authorized to commence the preparation of the Farewell Heights Secondary Plan”:


    “upon the adoption by Council of the Energy Park and Courtice Waterfront Secondary Plan.”

    Yes (3)Councillor Jones, Councillor Neal, and Councillor Traill
    No (4)Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
    Motion Lost on a recorded vote (3 to 4)
  • Resolution #

    Councillor Neal raised a Point of Order as he believed Mayor Foster was debating while in the Chair. Mayor Foster disagreed and stated that he was not debating the issue.  Councillor Neal challenged the ruling of the Chair.

    The question "Will the ruling of the Chair be sustained?" was put to a recorded vote and carried.

    Yes (4)Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
    No (3)Councillor Jones, Councillor Neal, and Councillor Traill
    Carried (4 to 3)

    The Ruling of the Chair was sustained.


    The foregoing Resolution #C-009-22 was lost on a recorded vote.


  • Resolution #C-010-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That Advisory Committee Report Items 9.1.1 to 9.1.3, be approved.

    Carried
  • Resolution #C-011-22
    Moved byCouncillor Anderson
    Seconded byCouncillor Zwart

    That the recommendations contained in the General Government Committee Minutes of January 10, 2022 be approved on consent, with the exception of items 9.1, 8.3.1, 8.5.2, 8.5.3 and 9.2.

    Carried
  • Recess

    Resolution #C-015-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the Council recess for 5 minutes.

    Carried

    The meeting reconvened at 8:13 pm with Mayor Foster in the Chair.


  • Item 8.3.1 - Report CSD-001-22 - Future Indoor Recreation Facility at the Garnet B. Rickard Recreation Complex Site

    Resolution #C-016-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report CSD-001-22, regarding the Future Indoor Recreation Facility at the Garnet B. Rickard Recreation Complex Site, be referred back to Staff to consider the cost of a twin pad arena and a pool at the South Bowmanville site, to be considered as part of the 2022 Budget.

    Carried
  • Item 8.5.2 - Report FSD-002-22 - 2022 COVID-19 Property Tax Deferral Program

    Resolution #C-017-22
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That Report FSD-002-22 and any related communication items, be received;

    That the Director of Financial Services/Treasurer be directed to re-establish the COVID-19 Property Tax Deferral Program allowing a deferral of taxes, interest and penalty free, to qualifying taxpayers for a period of up to sixty days for the first six months of the 2022 taxation year; and

    That all interested parties listed in Report FSD-002-22 and any delegations be advised of Council’s decision.

    Carried
  • Item 8.5.3 – Report FSD-003-22 - Obtaining Valuation of Elexicon Investment

    Resolution #C-018-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report FSD-003-22 and any related communication items, be received;

    That Staff be directed to procure the services of a business valuator for the purposes of determining an En Bloc Fair Market Value of the equity of Elexicon Corporation provided that the cost is equally shared between the Town of Ajax, Town of Whitby and the City of Belleville; and

    That all interested parties listed in Report FSD-003-22 and any delegations be advised of Council's decision.

    Carried
  • Item 9.2 - Anaerobic Digestor Environmental Assessment

    Resolution #C-019-22
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That Clarington provide all necessary information to the MECP in order that they can give due consideration to ordering an Environmental Assessment for the anaerobic digester.

    Yes (4)Councillor Anderson, Councillor Jones, Councillor Neal, and Councillor Traill
    No (3)Mayor Foster, Councillor Hooper, and Councillor Zwart
    Carried on a recorded vote (4 to 3)
  • Resolution #C-012-22
    Moved byCouncillor Anderson
    Seconded byCouncillor Traill

    That the required funding to begin work in 2022 on grade level crossing improvements to permit whistle cessation be referred to the 2022 budget deliberations.

    That the Bennett Road improvements begin as soon as possible and be funded to an upward limit of $175,000 (including contingencies) with the funds for the Cobbledick Road work to be determined once a decision is made by the Federal Government on the RISP grant.

    Referred
  • Resolution #C-013-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-011-22 for a second time.

    Carried
  • Resolution #C-014-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Resolution #C-012-22 regarding grade level crossing improvements to permit whistle cessation be referred to the February 7, 2022, Joint General Government and Planning and Development Committees meeting.

    Yes (6)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Traill
    No (1)Councillor Zwart
    Carried on a recorded vote (6 to 1)

Item 9.2.1.3 was considered as part of Item 8.3.2 – Report CSD-002-22 - Orono Arena and Newcastle Memorial Arena Renovations.

  • Resolution #C-020-22
    Moved byCouncillor Anderson
    Seconded byCouncillor Hooper

    That the recommendations contained in the Planning and Development Committee Minutes of January 17, 2022, be approved on consent, with the exception of items 7.1 and 9.1.

    Carried
  • Item 7.1 -  Report PDS-003-22 - Courtice Community Improvement Plan Grant; 1607 Highway 2, Courtice

    Resolution #C-021-22
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Report PDS-003-22 and any related communication items, be received;

    That a funding commitment of up to $1,000,000 in response to the application for a Development Charge Grant under the Courtice Main Street Community Improvement Plan submitted by Monde Development Group for 1607 Highway 2 in Courtice, be approved;

    That any funding committed by Council to Monde Development Group for 1607 Highway 2, Courtice for a DC Grant be conditional upon the completion of the project in accordance with site plan approval and the fulfilment of the requirements of the CIP Agreement to the satisfaction of the Municipality;

    That $1,000,000 from the General Capital Reserve, allocated for the Courtice CIP, be committed for this project;

    That, if there are insufficient funds in the General Capital reserve, the Treasurer be authorized to withdraw from another reserve or reserve fund that the Treasurer deems appropriate;

    That any funds withdrawn from an alternate reserve or reserve fund, be repaid on an annual basis using 50 per cent of the incremental property tax for the property, with the remaining 50 per cent available for general budgetary use; and

    That all interested parties listed in Report PDS-003-22 and any delegations be advised of Council’s decision.

    Yes (5)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart
    No (2)Councillor Jones, and Councillor Neal
    Carried on a recorded vote (5 to 2)
  • Item 9.1 - Report PDS-001-22 - 5-year Corporate Electric Vehicle Action Plan

    Resolution #C-022-22
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Report PDS-001-22 be received for information;

    That Council endorse the Electric Vehicle Action Plan (EVAP) to guide the electrification of the Municipal fleet and the installation of public EV charge stations on Municipal properties (Attachment 1);

    That Municipal staff consult the EVAP to inform annual budget recommendations related to the electrification of the municipal fleet and the installation of public electric vehicle (EV) charge stations on municipal properties;

    That Council authorize staff to apply for funding opportunities to support the implementation of the EVAP, where/when identified; and

    That all interested parties listed in Report PDS-001-22 and any delegations be advised of Council’s decision.

    Yes (5)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart
    No (2)Councillor Jones, and Councillor Neal
    Carried on a recorded vote (5 to 2)

9.
Consideration of Minutes
  

9.2
Standing Committee Minutes
  

9.2.2
Minutes of the Planning and Development Committee Meeting dated January 17, 2022
  

10.
Communications
  

  • Resolution #C-023-22
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That the Mayor be authorized to execute the letter regarding the Streamline Development Approval Fund and that the Mayor and Clerk be authorized to execute the related Transfer Payment Agreement, when applicable.

    Carried

Item 12.1, Farewell Heights Secondary Plan Resolution #C-413-21, previously adopted by Council on December 13, 2021, was considered earlier in the meeting immediately following the the delegation portion of the Agenda. 

  • Resolution #C-024-22
    Moved byCouncillor Neal
    Seconded byCouncillor Anderson

    That the Confidential Memo from Rob Maciver, Director of Legislative Services/Municipal Solicitor, Regarding the Anaerobic Digestion Facility Dispute, be received for information.

    Carried

15.

  • Resolution #C-025-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That leave be granted to introduce By-laws 2022-003 to 2022-007; and

    That the said by-laws be approved.

    Carried

Councillor Neal requested that Staff be directed to report back to the February 7, 2022, Joint Committees meeting on how to prevent the breakdown in plowing and whether to terminate the contract; and what we can do to contribute to the solution throughout the municipality.

Councillor Neal questioned what is being done to enforce businesses to clear the snow off the sidewalks in front of commercial properties.

Councillor Hooper enquired when the snow removal will be done in Downtown Bowmanville as well as the delays in the pickup of garbage and recycling by the Region.

Councillor Neal asked what can be done to stop the Region of Durham from dumping the snow onto the sidewalks when they plow and who is responsible for clearing the transit stops.

  • Resolution #C-026-22
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That leave be granted to introduce By-law 2022-008, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 24th day of January, 2022; and

    That the said by-law be approved.

    Carried
  • Resolution #C-027-22
    Moved byCouncillor Anderson
    Seconded byCouncillor Neal

    That the meeting adjourn at 9:30 pm.

    Carried