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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,
  • R. Maciver,
  • M. Chambers,
  • J. Gallagher,
  • and R. Windle
Other Staff Present:

  • Michelle Pick

1.
Call to Order
 

Mayor Foster called the meeting to order at 7:00 p.m.

2.
Moment of Reflection
 

Councillor Traill led the meeting in a moment of reflection.

3.
Land Acknowledgement Statement
 

Councillor Traill recited the Land Acknowledgement Statement.

4.
Declaration of Interest
 

Councillor Hooper declared a direct interest in Item 4 of the General Government Committee Report regarding COVID-19 Rapid Testing.

5.
Announcements
 

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

6.
Adoption of Minutes of Previous Meeting(s)
 

6.1
Minutes of a regular meeting of Council dated May 3, 2021
This item has attachments. 

1.2021-05-03 (Subject to Approval).pdf
  • Resolution #C-179-21
    Moved byCouncillor Traill
    Seconded byCouncillor Zwart

    That the minutes of the regular meeting of the Council held on May 3, 2021, be approved.

    Carried

7.
Presentations
 

8.
Delegations
 

8.1
Beth Meszaros regarding Report LGS-018-21 - On-Farm Special Events Licensing By-law (Item 2 of the General Government Committee Report)
This item has attachments. 

1.8.1 Beth Mezaros PP.pdf

Beth Meszaros was present regarding Report LGS-018-21 - On-Farm Special Events Licensing By-law (Item 2 of the General Government Committee Report).  She made a verbal presentation to accompany an electronic presentation.  Ms. Meszaros reviewed the definitions for On-Farm Events.  She suggested the following amendments to the draft by-law:

  • That seasonal, special and accessory be added as definitions section;
  • Section 3.5 and 3.6  - be amended to include that the applications be reviewed by staff panel chosen by the Members of Council;
  • Section 3.8 – That the list be completed by adding the word Region;
  • Section 3.9 - That it be identified how applications will be vetted to ensure authenticity of the statements submitted;
  • Section 3.12 - Requesting there be a cap on the number of events.  Clarington needs to consider how many events they are willing to host.
  • Section 4.1 - The records should be retained for 7 years and the details of what records will be kept should be identified.
  • Section 6.3 - Requested that a Schedule B be added to provide clarity on the Guidelines on Permitted Uses.

Ms. Meszaros concluded by asking the Municipality to take responsibility for the On-Farm Special Events.

8.2
Nancy Mallette, Bloom Field Farm, regarding Report LGS-018-21 - On-Farm Special Events Licensing By-law (Item 2 of the General Government Committee Report)
 

Nancy Mallette, Bloom Field Farm, was present regarding Report LGS-018-21 - On-Farm Special Events Licensing By-law (Item 2 of the General Government Committee Report). She explained that she is the operator of Bloom Field Farm and she would like to explain how this Licensing By-law will affect their business.  Ms. Mallette explained that they applied for a Zoning By-law Amendment to allow for On-Farm events in 2010.  She provided an overview of the current uses of their flower farm.  Ms. Mallette explained that they have done a series of upgrades to the property in since 2010 and that none of these would have been possible without the On-Farm Event business. She explained that they have clients and guests from all over the world who come to Clarington and visit the local hotels and restaurants which supports the local economy.  Ms. Mallette concluded by noting that they currently have contracts booked for the next two years and any future expansion or upgrades are dependent on these events.  She concluded by stating that she supports the licensing for On-Farm Special Events, however they are requesting that their initial zoning be recognized, and no further restrictions be applied to them.  Ms. Mallette answered questions from the Members of Council.

9.
Communications – Receive for Information
 

9.1
Integrity Commissioner 2019 and 2020 Annual Reports
This item has attachments. 

1.Integrity Commissioner Annual Reports.pdf
  • Resolution #C-180-21
    Moved byCouncillor Neal
    Seconded byCouncillor Anderson

    That Communication Item 9.1 be received for information.

    Carried

10.
Communications – Direction
 

11.
Committee Reports
 

11.1
Advisory Committee Reports
 

  • Resolution #C-181-21
    Moved byCouncillor Jones
    Seconded byCouncillor Hooper

    That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved.

    Carried

11.2
General Government Committee Report of May 10, 2021
This item has attachments. 

1.General Government Committee Report to Council for May 25, 2021 - GGR-008-21.pdf
2.Councillor Zwart Proposed Motion - On-Farm Diversified Uses (Item 2 of GGC Report).pdf
  • Resolution #C-182-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Neal

    That the recommendations contained in the General Government Committee Report of May 10, 2021 be approved on consent, with the exception of items 4, 2 11, 13 and 15.

    Carried

  • Item 4 - COVID-19 Rapid Testing

    Councillor Hooper declared an indirect interest in Item 4 of the General Government Committee Report, as he owns a business in Historic Downtown Bowmanville. Councillor Hooper muted his audio and video and refrained from discussion and voting on the matter.

    Resolution #C-183-21
    Moved byCouncillor Jones
    Seconded byCouncillor Neal

    That the delegation of Mark Canning and Gord Gill, Clarington Entertainment Complex, Joey's World 'et al' be received with thanks;

    That Clarington Council endorse the COVID-19 Rapid Screening Initiative for small and medium sized businesses and thank the Clarington Board of Trade and Community Services for their support of the program;

    That Clarington Council urgently request the Province of Ontario and the Ontario Chamber of Commerce to expand the Rapid Screening Initiative (which screens employees) to include customers and that Clarington is willing to be a pilot project site; and

    That a copy of this motion be forwarded to Premier Doug Ford, MPP Lindsey Park, MPP David Piccini, all Durham Municipalities and Durham Region Health Department.

    Carried

    Councillor Hooper returned to the meeting.


  • Item 2 - On-Farm Special Events Licensing By-law

    Resolution #C-184-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Report LGS-018-21 be received for information;

    That Section 2.6 of the by-law be amended by deleting the words "On-farm Special Event License" and replacing with the words "Zoning Permission";

    That Section 3.6 of the by-law be amended by deleting the words "The Director is authorized to issue or refuse to issue any licence, either with or without conditions" and replacing with the words "The Director is authorized to issue, suspend or revoke any licence in accordance with Section 151 of the Municipal Act, and to refuse the issuance of any licence if there has been a previous material breach of the licence, or in accordance with Section 3.9 of this By-law, including conditions consistent with the zoning";

    That Section 3.7 of the by-law be deleted;

    That Section 3.12 of the by-law be amended by deleting the words "November 1" and replacing with the words "December 31"; 

    That the site plan agreement for Bloom Field Gardens be amended to require proof of liability insurance in the amount of no less than $5 million, and that the owner will maintain a valid Ontario farm business registration number for the property; and

    That the proposed On-farm Special Events Licensing by-law attached to Report LGS-018-21, as amended by the recommendations from the General Government Committee meeting, be further amended to insert a new section 1.7 as follows:

    1.7 This By-law does not apply to any property that was granted land use planning approval for On-Farm Special Events on a date prior to the date of enactment of this By-law, until such time as the property is made subject to an arm’s length transfer.

    That the by-law, as amended, be brought forward for adoption.

    Yes (5)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart
    No (2)Councillor Jones, and Councillor Neal
    Carried as Amended (5 to 2)
  • Amendment:
    Resolution #C-185-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report LGL-018-21 to be referred to Staff to report back to the June 21, 2021, General Government Committee meeting to provide further details on the proposed licensing exemption for Bloom Field Farms and requests made by Ms. Meszaros during her delegation.

    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)
  • Amendment:
    Resolution #C-186-21
    Moved byCouncillor Anderson
    Seconded byCouncillor Traill

    That the foregoing Resolution #C-184-21 be amended by adding the following at the end:

    "That the licensing period to be extended to three years instead of the current one year period."

     

    Carried

    The foregoing Resolution #C-184-21 was then put to a recorded vote and carried as amended.


  • Item 11 - Supply and Delivery of One Single Axle and Four Tandem Axle Cab and Chassis Units

    Resolution #C-187-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Report FSD-022-21 be received;

    That Winslow Gerolamy Motors Limited with a bid amount of $1,322,556.40 (Net HST Rebate) being the lowest bidder meeting all terms, conditions and specifications of CL2021-7 be awarded the contract for the Supply and Delivery of One Single Axle and Four Tandem Axle Cab and Chassis Units;

    That the total funds required for this project in the amount of $1,337,820.40 (Net HST Rebate) include $1,322,556.40 (Net HST Rebate) for snow removal equipment costs and other costs such as radios, GPS units, Clarington decal lettering and striping in the amount of $15,264.00 (Net HST Rebate) be funded by the Municipality as follows:

    Description

    Account Number

    Amount

    Fleet Replacement Roads - (2020)

    110-36-388-83642-7401

    $500,000

    Fleet Replacement Roads - (2021)

    110-36-388-83642-7401

    837,820

    That all interested parties listed in Report FSD-022-21 and any delegations be advised of Council’s decision.

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

  • Item 13 - Lambs Road Interchange Study

    Resolution #C-188-21
    Moved byCouncillor Traill
    Seconded byCouncillor Anderson

    That Report FSD-024-21 be received;

    That the proposal received from CIMA+ having the lowest price meeting all terms, conditions and specifications of RFP2021-1 be awarded the contract for the provision of engineering services required for the Lambs Road Interchange Study;

    That the funds required in the amount of $226,255.22 (net HST rebate) be drawn from the following accounts:

    Lambs Rd Interchange at Highway 401 Environmental Assessment

    110-32-330-83444-7401

    $226,255

    That all interested parties listed in Report FSD-024-21 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 15 - Scanning and Conversion Services

    Resolution #C-189-21
    Moved byCouncillor Jones
    Seconded byCouncillor Zwart

    That Report FSD-027-21 be received;

    That DOCUdavit Solutions with a total bid amount for the initial two-year term of $176,470.16 (Net HST Rebate), and a potential five-year contract value of $441,175.40 (Net HST Rebate), subject to change based on requirements and price increases not exceeding the applicable CPI, being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2021-10 be awarded the contract for the provision of scanning and conversion services as required by the Municipality;

    That the funds expended for these services, be funded from respective department’s approved operating budget as required;

    That pending satisfactory service the Purchasing Manager, after consultation with the respective Department Head, be authorized to extend the contract for up to three additional one-year terms; and

    That all interested parties listed in Report FSD-027-21 and any delegations be advised of Council’s decision.

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

11.3
Planning and Development Committee Report of May 17, 2021
This item has attachments. 

1.Planning and Development Committee Report to Council for May 25, 2021 - PDR-007-21.pdf
  • Resolution #C-190-21
    Moved byCouncillor Anderson
    Seconded byCouncillor Neal

    That the recommendations contained in the Planning and Development Committee Report of May 17, 2021 be approved on consent, with the exception of item 2 and 7.

    Carried

  • Item 2 - Southwest Courtice Secondary Plan – Recommendation Report for Official Plan Amendment 125

    Resolution #C-191-21
    Moved byCouncillor Neal
    Seconded byCouncillor Traill

    That Report PSD-027-21 be received;

    That Official Plan Amendment 125 (OPA 125) to include the Southwest Courtice Secondary Plan in the Clarington Official Plan be adopted;

    That upon adoption by Council, the Southwest Courtice Secondary Plan be implemented by Staff as Council’s policy on land use and planning matters and through the capital budget program;

    That the Director of Planning and Development Services be authorized to finalize the form and content of OPA 125, the Secondary Plan and the Urban Design and Sustainability Guidelines resulting from Council's consideration, public participation, agency comments and technical considerations;

    That the Urban Design and Sustainability Guidelines appended to the Secondary Plan be approved and be used by staff to guide development applications and public projects;

    That the Director of Planning and Development Services be authorized to execute any agreements to implement the Secondary Plan once adopted by Council;

    That OPA 125 be forwarded to the Region of Durham for approval;

    That Council close the unopened road allowance legally referred to as:

    Firstly: Part of the road allowance between Lots 34 and 35, Con 1 (Darlington), now Part 1 on 40R-31088, Municipality of Clarington;

    Secondly: RDAL BTN LTS 34 & 35, Con 1 (Darlington) btn Hwy 401 & d502897; Municipality of Clarington;

    That the unopened road allowance portions be conveyed to the contiguous landowners for an equivalent amount of land from the developers; and

    That all interested parties listed in Report PDS-027-21 and any delegations be advised of Council’s decision regarding the adoption of the Secondary Plan.

     

    Carried as Amended

  • Recess

    Resolution #C-192-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Neal

    That the Council recess for 10 minutes.

    Carried

    The meeting reconvened at 8:31 p.m. with Mayor Foster in the Chair.


  • Resolution #C-193-21
    Moved byCouncillor Neal
    Seconded byCouncillor Traill

    That the foregoing Resolution #C-191-21 be amended by adding the following as a new Paragraph 3:

    "That, at the time of the first development application and as part of a complete application, the applicant(s), working together with the Landowners Group, the Conservation Authority, and the Municipality, shall submit  a detailed Trail and Active Transportation Plan which is to include: trail locations/designs, bike lanes, multi-modal pathways and any other necessary active transportation elements and any associated background reports, all to the satisfaction of the Municipality, in order to achieve the goal of connectivity to the Courtice waterfront for active transportation.  This will include if necessary a multi-use path abutting Prestonvale Road, and east to Courtice Road along the extended Townline Road."

     

    Carried
  • Resolution #C-194-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the foregoing Resolution #C-191-21 be amended by adding the following at the end of Paragraph 9:

    The highlighted is what is being added onto the original resolution.

    "including (if necessary based on the required noise studies) a land exchange of the municipal right of way to provide additional noise buffering beyond the minimum 30 metres along the southern boundary of the medium density block proposed on the cemetery lands."

    Carried

    The foregoing Resolution #C-191-21 was then put a vote and carried as amended.


  • Item 7 - Sprinkler Systems

    Resolution #C-195-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    Whereas the Provincial government brought in legislation, in 2010, requiring that building permit applications for multiple-unit residential buildings higher than three storeys submitted must comply with the new fire sprinkler requirements;

    And whereas sprinkler systems have been shown to dramatically reduce fire losses;

    And whereas other types of dwelling units are in need of the same fire protection;

    Now therefore be it resolved that the provincial government be requested to amend the Ontario Building Code to make sprinkler systems mandatory in new buildings.

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

12.
Staff Reports
 

12.1
Report FSD-028-21 - RFP2021-4 Centralized Customer Service Review Consulting
This item has attachments. 

1.RFP2021-4 Centralized Customer Service Review Consulting - FSD-028-21.pdf
  • Resolution #C-196-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Report FSD-028-21 be received;

    That CSPN with a bid amount of $128,039.52 (Net HST) providing the lowest overall cost and meeting the passing threshold and all terms, conditions and specifications of RFP2021-4, be awarded the contract for the provision of Consulting Services as required to complete the Centralized Customer Service Review for the Office of the Chief Administrative Officer;

    That the funds required for this project in the amount of $128,039.52 (Net HST) be funded by the grant received from the Provincial Government; and

    That all interested parties listed in Report FSD-028-21 and any delegations be advised of Council’s decision.

    Carried

13.
Business Arising from Procedural Notice of Motion
 

14.
Unfinished Business
 

15.
By-laws
 

  • Resolution #C-197-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That leave be granted to introduce By-law 2021-049 as amended; and

    That the said by-laws be approved.

    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)

16.
Procedural Notices of Motion
 

17.
Other Business
 

Councillor Neal enquired about the parking and traffic issues at the food trucks on Taunton Road in Hampton.

Councillor Neal enquired about contractors using roads as storage areas for items such as bins and gravel on the road.

Councillor Hooper inquired about the LPAT approved anaerobic digestor in Oshawa. He asked if they would accept garbage from Toronto and if this will reduce the waste going to the Energy From Waste Facility.  He asked if this could be discussed at Regional Council.

Councillor Traill enquired if the Region of Durham intends to proceed with their anaerobic digestor project in Clarington as there are now two anaerobic digestors approved for the Region of Durham.

18.
Confirming By-Law
 

  • Resolution #C-198-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Traill

    That leave be granted to introduce By-law 2021-050, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of May, 2021; and

    That the said by-law be approved.

    Carried

19.
Adjournment
 

  • Resolution #C-199-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That the meeting adjourn at 9:27 p.m.

    Carried
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