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Council Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers or Microsoft Teams
Members Present:
  • Mayor A. Foster, 
  • Councillor G. Anderson, 
  • Councillor R. Hooper, 
  • Councillor J. Jones, 
  • Councillor J. Neal, 
  • and Councillor M. Zwart
Absent:
  • Councillor C. Traill
Staff Present:
  • M. Dempster, 
  • J. Newman, 
  • G. Acorn, 
  • S. Brake, 
  • R. Maciver, 
  • T. Pinn, 
  • M. Perini, 
  • and M. Chambers
Other Staff Present:
  • L. Backus, B. Radomski, L. Reck, R. Warne


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


Mayor Foster welcomed everyone back into the Council Chambers and noted that this was the first in person meeting in over two years.

Councillor Anderson led the meeting in a moment of reflection.

Councillor Anderson recited the Land Acknowledgement Statement.

Councillor Neal declared an indirect interest in Items 11.2 - LGS-013-22 - Appointment of Integrity Commissioner and 15.9 - 2022-039 - Being a by-law to appoint an Integrity Commissioner for the Municipality of Clarington, as he is involved in a legal proceeding with the Integrity Commissioner.

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

  • Resolution #C-134-22
    Moved byCouncillor Jones
    Seconded byCouncillor Hooper

    That the minutes of a regular meeting dated May 30, 2022, be approved.  

    Carried

Mayor Foster presented the 2022 “Senior of the Year” Award to Ilona Bakos. Mayor Foster recognized the accomplishments of Ilona, a long standing volunteer with the Bowmanville Older Adult Association. Mayor Foster thanked Ilona on behalf of the Municipality of Clarington and the Members of Council.

Mayor Foster welcomed students, parents, and the public to the presentation of the 21st Annual “Awards for Academic Excellence”. Local elementary and secondary schools were asked to submit the name of a student who, in their opinion, has demonstrated academic excellence combined with a commitment to leadership and community service.
Mayor Foster recognized Joshua Kuchmak, from Knox Christian School, Chigozie Okpalugo from St. Elizabeth Elementary School, Abby Hayes from St. Francis of Assisi Elementary School, Cater Peios from St. Mother Teresa Elementary School and Maddie Harloff-Leech from Vincent Massey School who could not be present due to conflicting schedules.
Mayor Foster recognized the following elementary students and presented them with a personal framed certificate:
Bailey Timmins, Courtice Intermediate School 
Pranavi Patalia, Courtice North Public School
Nethuki Galmangoda Guruge, Dr. Emily Stowe Public School
Mathi Maheswaran, Dr. Ross Tilley Public School
Maisie Colville, Duke of Cambridge Public School
Kafany Clarke, Good Shepherd Elementary School
Owen White, Harold Longworth Public School

Sarah Brandreth, Holy Family Elementary School
Wyatt Heerschop, John M. James Public School
Lauren Roelans, Lydia Trull Public School
Claire Murphy, M.J. Hobbs Senior Public School
Grace Arnold, Monsignor Leo Cleary Elementary School
Ellie Levert, St. Joseph’s Elementary School
Leah Crawford, S.T. Worden Public School 
Jackson Grant, The Pines Senior Public School
Lily Marriott, Waverley Public School


Mayor Foster recognized the following secondary students and presented them with a personal framed certificate and bursary:
Ashlyn Nelson, from St. Stephens Secondary School
Mollie Slemon, Clarington Central Secondary School
Adam Likogiannis, Clarke High School
Lia Henry, Courtice Secondary School
Erica Rozema, Durham Christian High School
Christian Vanermeer, Holy Trinity Secondary School
Jacob Luxton, St. Stephen's Secondary School

  • Recess

    Resolution #C-135-22
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That the Council recess for 5 minutes.

    Carried

    The meeting reconvened at 7:11 p.m. with Mayor Foster in the Chair.


  • Resolution #C-137-22
    Moved byCouncillor Jones
    Seconded byCouncillor Neal

    That the recommendations contained in the General Government Committee Minutes of June 6, 2022, be approved on consent with the exception of items 8.4.7 and 8.1.3.

    Carried
  • Item 8.4.7 - FSD-029-22 - Newcastle Community Park Construction

    Resolution #C-138-22
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That Report FSD-029-22 and any related delegations or communication items, be received;

    That the bid received from Quality Property Services having the lowest price meeting specification in the amount of $3,217,520.39 (Net HST Rebate) and subject to a satisfactory reference check be awarded the contract for Newcastle Community Park Construction;

    That should Council select recommendation #3, the total funds required for this project is $3,962,646.79 (Net HST Rebate), which includes the construction cost of $3,217,520.39 (Net HST Rebate) and other costs including design, material testing, contract administration, permit fees and contingencies in the amount of $745,126.40 (Net HST Rebate); and that the budget increase in the amount of $2,387,646.79 (Net HST Rebate) to fund the Newcastle Community Park project be approved from eligible Development Charges Reserve Funds and the Municipal Capital Works Reserve Fund at the discretion of the Treasurer; and

    That all interested parties listed in Report FSD-029-22 and any delegations be advised of Council’s decision.

    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)
  • Item 8.1.3 - Clarington Waterfront Trail Signs

    Resolution #C-139-22
    Moved byCouncillor Jones
    Seconded byCouncillor Neal

    That Staff purchase and install as soon as possible 30 white “Bikes Yield to Pedestrians”, and 20 yellow “Slow Down Caution” signs at the locations on the trails indicated by the Active Transportation, Safe Roads Committee – Sign Group.

    Carried
  • Resolution #C-140-22
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That the minutes of the Special General Government Committee meeting of June 13, 2022 be approved on consent.

    Carried
  • Resolution #C-141-22
    Moved byCouncillor Anderson
    Seconded byCouncillor Neal

    That the recommendations contained in the Planning and Development Committee
    Minutes of June 13, 2022 be approved on consent with the exception of item 12.1.

    Carried
  • Item 12.1 - Terms of Reference for an Interim Control Bylaw for Employment Lands

    Resolution #C-142-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Staff be directed to report back on the terms of reference for a study for an interim control by-law, for all employment lands with appropriate exceptions, in September 2022.

    Motion Withdrawn
  • Recess

    Resolution #C-143-22
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That the Council recess for 5 minutes.

    Carried

    The meeting reconvened at 7:34 p.m. with Mayor Foster in the Chair.

    The foregoing Resolution #C-143-22 was then withdrawn by the mover.


  • Suspend the Rules

    Resolution #C-145-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Neal

    That the Rules of Procedure be suspended to introduce a motion regarding a Community Warning Program to the Agenda.

    Carried
  • Resolution #C-146-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Neal

    Whereas we have all become aware of the recent tragic death of Draven Graham, an 11 year old child on the autistic spectrum, after walking away from the family home; and

    Whereas the Amber Alert has been very effective in announcing to the public children who have been abducted;

    Whereas a similar alert program for those who have special needs who leave family custody would be seem to be warranted in the Province of Ontario;

    Therefore Be it Resolved that the Council of the Municipality of Clarington request the Province of Ontario to develop and implement a community warning program similar to Amber Alert for those persons of special needs or circumstance who leave the care givers or locations and potentially themselves at risk; and

    That copies of this resolution be forwarded to Premier Ford, the leaders of the Opposition parties in Ontario, all Durham MPs and MPPS, Durham Region, the District School Boards in Durham Region, all Durham municipalities, and the Durham Regional Police Service to ask them to support the resolution.

    Carried
  • Resolution #C-147-22
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That Report CSD-013-22 and any related delegations or communication items, be received;

    That the Community Services Fee Assistance Program (FAP) be updated to include Canada-Ukraine Authorization for Emergency Travel be included as acceptable documentation for eligibility; and

    That staff be authorized to make administrative changes to the Program, as necessary, including updating acceptable documentation for qualification, to be able to best respond to future needs of our community.

    Carried
  • Councillor Neal declared an indirect interest in Item 11.2 - LGS-013-22 - Appointment of Integrity Commissioner due to legal proceedings with the current Integrity Commissioner. Councillor Neal refrained from discussion and voting on the matter.

    Resolution #C-148-22
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Report LGS-013-22, and any related delegations or communication items, be received;

    That the Municipality of Clarington appoint Principles Integrity as Integrity Commissioner for the Term of Council (2022-2026) commencing November 15, 2022, subject to the Council of the Regional Municipality of Durham approving and authorizing the appointment of Principles Integrity in accordance with s. 223.3(1) of the Municipal Act, as the Regional Municipality of Durham’s Integrity Commissioner, with the option to renew for an additional Council term;

    That authority is granted to the Deputy CAO/Solicitor to execute an agreement with Principles Integrity for provision of Integrity Commissioner services for the Term of Council (2022-2026) to implement the provisions of Report LGS-013-22;

    That the by-law (Attachment 1 to Report LGS-013-22), confirming the appointment of Principles Integrity, as Integrity Commissioner, with an effective date of the by-law being the later of the date of passage OR the date which Council of the Regional Municipality of Durham has appointed Principles Integrity as the Regional Municipality of Durham’s Integrity Commissioner (as determined and affected by the Municipal Clerk), be approved;

    That Staff be directed to update Clarington’s Accountability and Transparency webpage, following Principles Integrity’s appointment coming into effect; and

    That all interested parties listed in Report LGS-013-22, and any delegations, be notified of Council’s decision.

    Carried

    Councillor Neal returned to the meeting.


  • Resolution #C-149-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report PWD-015-22 and any related delegations or communication items, be received;

    That the By-Law attached to Report PWD-015-22, as Attachment 1, to authorize the Mayor and Clerk to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation seal, a Rail Safety Improvement Program Agreement (RSIP) for grade level crossing improvements at Cobbledick Road in Newcastle, between the Government of Canada and the Corporation of the Municipality of Clarington, be approved; and

    That all interested parties listed in Report PWD-015-22 and any delegations be advised of Council’s decision.

    Carried
  • Resolution #C-150-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report PWD-016-22 and any related delegations or communication items, be received; and

    That the Gravel Removal and Replacement option in the amount of $12, 000 be approved and implemented in 2022.

    Yes (3)Councillor Anderson, Councillor Jones, and Councillor Neal
    No (3)Mayor Foster, Councillor Hooper, and Councillor Zwart
    Absent (1)Councillor Traill
    Motion Lost on a recorded vote (3 to 3)
  • Resolution #C-151-22
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Report PWD-016-22 and any related delegations or communication items, be received; and

    That the Paving and Possible Improvements to West Beach Road be referred to the 2023 Budget.

    Carried
  • Resolution #C-152-22
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Report FSD-030-22 and any related delegations or communication items, be received;

    That, in accordance with resolution #GG-240-22, up to $3,217,520.39 for the new Newcastle Community Park, be funded through debenture at the discretion of the Deputy CAO/Treasurer with repayment to be through development charges as applicable;

    That the Deputy CAO/Treasurer is authorized to make application to the Region of Durham for the necessary debenture, such terms at the discretion of the Deputy CAO/Treasurer not to exceed 20 years in any single issue; and

    That all interested parties listed in Report FSD-030-22 and any delegations be advised of Council's decision.

    Carried
  • Resolution #C-153-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report PDS-032-22 and any related delegations or communication items, be received;

    That the application submitted by Nutshell Investments Limited to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PDS-032-22;

    That Council’s decision and a copy of Report PDS-032-22 be forwarded to the Region of Durham, Planning and Economic Development Department and the Municipal Property Assessment Corporation; and

    That all interested parties listed in Report PDS-032-22 and any delegations be advised of Council’s decision.

    Carried
  • Resolution #C-154-22
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That Memo-038-22 - Funding Update for Bowmanville Boat Launch Rehabilitation be received; and

    That the Boat Launch Rehabilitation be referred to the 2023 Budget.

    Yes (5)Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart
    No (1)Mayor Foster
    Absent (1)Councillor Traill
    Carried on a recorded vote (5 to 1)
  • Resolution #C-155-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That Report CAO-005-22, and any related delegations or communication items, be received for information;

    That Council adopt the Economic Development Strategy in principle;

    That Staff be authorized to advance the catalyst projects as outlined in this report;

    That Staff prepare an implementation report to be presented as part of the preparation of Council’s 2023-2026 Corporate Strategic Plan; and

    That all interested parties listed in Report CAO-005-22 be advised of Council’s decision.

    Yes (4)Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
    No (2)Councillor Jones, and Councillor Neal
    Absent (1)Councillor Traill
    Carried on a recorded vote (4 to 2)
  • Resolution #C-156-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-155-22 for a second time.

    Carried

    The foregoing Resolution #C-155-22 was then put to a vote and carried.


  • Closed Session

    Resolution #C-157-22
    Moved byCouncillor Neal
    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:

    • a matter that deals with personal matters about an identifiable individual, including municipal or local board employees; and
    • a matter that deals with labour relations or employee negotiations.

     

    Carried

Rise and Report

The meeting resumed in open session at 9:40 p.m.


Mayor Foster advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as Item 14.2 and 14.3 were related to the same matter, and two resolutions were passed to provide direction to staff.

  • Resolution #C-158-22
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Confidential Report CAO-007-22 be received;

    That the CAO be authorized to enter into single source contracts for the fulfillment of the Streamline Development Approval Fund given the tight Provincial timelines for the implementation of the Fund, and the number of contracts required to maximize the funding envelope under the Fund. 

    Carried

15.

 
  • Resolution #C-159-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Jones

    That leave be granted to introduce By-laws 2022-031 to 2022-040, with the exception of  By-laws 2022-033 and 2022-039; and

    That the said by-laws be approved.

     

    Carried
  • Resolution #C-160-22
    Moved byCouncillor Jones
    Seconded byCouncillor Neal

    That By-law 2022-033 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, be referred to the September 19, 2022, Council Meeting. 

    Yes (2)Councillor Jones, and Councillor Neal
    No (4)Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
    Absent (1)Councillor Traill
    Motion Lost on a recorded vote (2 to 4)
  • Resolution #C-161-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That By-law 2022-033 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, by approved.

    Yes (3)Mayor Foster, Councillor Hooper, and Councillor Zwart
    No (3)Councillor Anderson, Councillor Jones, and Councillor Neal
    Absent (1)Councillor Traill
    Motion Lost on a recorded vote (3 to 3)
  • Resolution #C-162-22
    Moved byCouncillor Jones
    Seconded byCouncillor Neal

    That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-161-22 for a second time.

    Carried

    The foregoing Resolution #C-161-22 was then put to a recorded vote and lost.


  • Resolution #C-163-22
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    Thay By-law 2022-033 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, be deferred to the September 19, 2022, Council Meeting.

    Yes (5)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, and Councillor Neal
    No (1)Councillor Zwart
    Absent (1)Councillor Traill
    Carried on a recorded vote (5 to 1)
  • Councillor Neal declared an indirect interest in Item 15.9 - By-law 2022-039 - Being a By-law to appoint an Integrity Commissioner for the Municipality of Clarington due to legal proceedings with the current Integrity Commissioner. Councillor Neal refrained from discussion and voting on the matter.

    Resolution #C-164-22
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That By-law 2022-039 - Being a by-law to appoint an Integrity Commissioner for the Municipality of Clarington, be approved.

    Carried

    Councillor Neal returned to the meeting.


Councillor Hooper announced he will not be running in the 2022 Municipal Election. Councillor Hooper reflected on his time as a Local Councillor for Ward 2 over the last 16 years and thanked all former and current Staff and Members of Council. 

  • Resolution #C-165-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That leave be granted to introduce By-law 2022-041, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 20th day of June, 2022; and

    That the said by-law be approved.

    Carried
  • Resolution #C-166-22
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That the meeting adjourn at 10:21 p.m.

    Carried
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