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Council Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street
Bowmanville, Ontario
Present Were:
  • 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,
  • R. Albright,
  • S. Brake,
  • A. Greentree,
  • -,
  • R. Maciver,
  • M. Marano,
  • T. Pinn,
  • G. Weir,
  • and M. Chambers

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

Councillor Hooper led the meeting in a moment of reflection.

Councillor Traill recited the land acknowledgement statement.

Councillor Neal declared an indirect interest in Report PSD-015-20 Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study and all related correspondence, delegations and motions referring to the Report. 

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

  • Suspend the Rules

    Resolution #C-216-20
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That the Rules of Procedure be suspended to give notice of a Procedural Notice of Motion regarding the matter of Report PSD-041-19 Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for Former Ontario Boys Training School and WWII Prison of War Camp 30 – Amendment No 121 to the Clarington Official Plan, be lifted from the table to be considered at the June 15, 2020 Council meeting.

    Carried
  • Resolution #C-217-20
    Moved byCouncillor Traill
    Seconded byCouncillor Neal

    That the minutes of the regular meeting of the Council held on May 4, 2020, be approved.

    Carried

Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report), as it relates to his law practice.  Councillor Neal muted his audio and video and refrained from discussion on this matter.

Emidio DiPalo, Durham Region Home Builders' Association, was present via electronic means, regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report).  Mr. DiPalo explained to the Members of Council that several members of the Association have expressed concerns with the proposed by-law to amend the zoning to implement the Bowmanville Character Study.  He understands that the Municipality would like to maintain the character of the area but he feels this is at the expense of the home builders and home owners in the area.  Mr. DiPalo believes that all parties involved need to work together to come to an agreement to keep the character in tact and not limit the developers.  He added that he feels the current proposed by-law will limit the developers, lower property values and cause unnecessary restrictions.  Mr. DiPalo noted that he has concerns with Section 1f which will not allow homes to have a three car or oversized garage.  He is also concerned with Section 1d to limit driveway size, and 1e as it will make it extremely difficult to build a two-storey home without applying for a minor variance.  He added that Section 1c is very restrictive with respect to lot coverage.  Mr. DiPalo added that he feels this By-law is not consistent with Bill 108.  Mr. DiPalo concluded by encouraging Council to not approve this By-law and asked for it to be referred back to Staff to work with Durham Homebuilders Association to work towards a compromise.  He answered questions from the Members of Council.

Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report), as it relates to his law practice.  Councillor Neal muted his audio and video and refrained from discussion on this matter.

Patty Rice was present via electronic means regarding Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report).  Ms. Rice explained that she is a local resident and both her property and her father’s property are within the Neighbourhood Character Study area.  Ms. Rice explained that her home is a two-storey, two garage home built in 1964.  She noted that they had an Urban Planner assess the property and advised that if the proposed By-law amendment is passed it will result in their property being non-complaint in three areas including height, lot coverage and garage size.  Ms. Rice noted that in her correspondence it notes a lot size of 120 meters and that is should have been 120 feet.  She concluded by asking for both 62 and 64 Prospect Street to be provided an exemption to this By-law as she feels it is reasonable and appropriate and keeps with the character of the neighbourhood.  Ms. Rice answered questions from the Members of Council.

  • Resolution #C-218-20
    Moved byCouncillor Neal
    Seconded byCouncillor Anderson

    That Correspondence Item 9.1 from Peter Maniatakis, ADR Chambers Ombuds Office, regarding MUN-431-0419 - Complaint against the Municipality of Clarington, be received for information.

    Carried
  • Resolution #C-219-20
    Moved byCouncillor Anderson
    Seconded byCouncillor Zwart

    That Correspondence Items 10.1 to 10.3 and 10.9 to 10.11 be approved on consent, with the exceptions of Item 10.3, 10.10 and 10.11.

    Carried

    Councillor Hooper left the meeting.


  • Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report), as it relates to his law practice.  Councillor Neal muted his audio and video and refrained from discussion on this matter.

    Resolution #C-220-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Correspondence Item 10.3, Memo from Carlo Pellarin, Manager of Development Review, regarding Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, be referred to the consideration of Item 1 of the Planning and Development Committee Report.

    Carried
  • Resolution #C-223-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That the Correspondence from Becky Jamieson, Municipal Clerk, Township of Brock, regarding Grant Support for Municipalities, be endorsed by the Municipality of Clarington.

    Carried
  • Resolution #C-224-20
    Moved byCouncillor Anderson
    Seconded byCouncillor Zwart

    That Correspondence Item 10.5 from Dan Carter, Mayor, City of Oshawa, regarding a Request to the Provincial Government for Financial Assistance to Municipalities as a Result of COVID-19, be endorsed by the Municipality of Clarington.

    Carried

    Councillor Hooper returned to the meeting.


  • Resolution #C-225-20
    Moved byCouncillor Anderson
    Seconded byCouncillor Zwart

    That Correspondence Item 10.6 from Dan Carter, Mayor, City of Oshawa, regarding a Request to the Federal Government for Financial Assistance to Municipalities as a Result of COVID-19, be endorsed by the Municipality of Clarington.

    Carried
  • Resolution #C-226-20
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That Correspondence Item 10.7 from Mayor Rob Burton, Oakville Economic Task Force, regarding Rent Relief Advocacy Letter to Minister Morneau, be endorsed by the Municipality of Clarington.

    Carried
  • Resolution #C-227-20
    Moved byCouncillor Anderson
    Seconded byCouncillor Jones

    That Correspondence Item 10.8 from Mayor Rob Burton, Oakville Economic Task Force, regarding Rent Relief Advocacy Letter to Minister Phillips, be endorsed by the Municipality of Clarington.

    Carried
  • Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report, as it relates to his law practice.  Councillor Neal muted his audio and video and refrained from discussion on this matter.

    Resolution #C-221-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Correspondence 10.10, Memo from Carlo Pellarin, Manager of Development Review, regarding Report PSD-015-020 – Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville, be referred to the consideration of Item 1 of the Planning and Development Committee Report.

    Carried
  • Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report, as it relates to his law practice.  Councillor Neal muted his audio and video and refrained from discussion on this matter.

    Resolution #C-222-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Correspondence Item 10.11 from Patricia and Andrew Rice and Don McGregor regarding Report PSD-015-020 – Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville, be referred to the consideration of Item 1 of the Planning and Development Committee Report.

    Carried
  • Resolution #C-229-20
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That the minutes of the Agricultural Advisory Committee dated April 9, 2020, be approved.

    Carried
  • Resolution #C-228-20
    Moved byCouncillor Jones
    Seconded byCouncillor Hooper

    That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved on consent,  with the exception of Item 11.1.2.

    Carried
  • Resolution #C-230-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Neal

    That the recommendations contained in the General Government Committee Report of May 11, 2020, be approved on consent, with the exception of items 3, 7, 9 and 11.

    Carried
  • Item 3 - High Speed Internet Connectivity in Rural Ontario

    Resolution #C-231-20
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    Whereas the COVID-19 pandemic has upended traditional means of business and put unprecedented strain on our broadband networks, as well as shed light onto both the gaps in coverage and areas plagued by unreliability;

    And whereas COVID-19 and other factors have driven a rise in work from home arrangements, a trend likely to continue into the future;

    And whereas quick and coordinated investment to build up our network is critically important to the health and viability of our community as well as our ability to be economically competitive;

    And whereas Clarington has worked closely with both large and small scale Internet Service Providers to provide coverage to our residents, but full-scale reliable connectivity is not happening as quickly as it should;

    And whereas more resources from all levels of government must be provided, especially to make small rural build outs economically viable.

    Now therefore be it resolved:

    1. That broadband must be treated as critical infrastructure in support of our new economy, as Clarington works towards its goal of 100% reliable connectivity;
    2. That the Federal, Provincial and Regional governments be requested to coordinate their efforts and increase the funds available to drive this important initiative ahead; and

    3. That Erin O’Toole (MP Durham), Philip Lawrence (MP Northumberland-Peterborough South), Lindsey Park (MPP Durham), David Piccini (MPP Northumberland-Peterborough South) and the Region of Durham be notified of Council’s decision.

    Carried
  • Item 7 - Newtonville Community Hall

    Resolution #C-232-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Neal

    That the Grant Application #20-01, from Newtonville Community Hall, be referred to the June 22, 2020, General Government Committee meeting to be considered with the other grant requests.

    Carried
  • Item 9 - Roadside Protection – Liberty Street

    Resolution #C-233-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Report COD-017-20 be received;

    That Real Landscaping Plus. Inc. with a total bid amount of $359,957.77 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-4 be awarded the contract for Roadside Protection – Liberty Street as required by the Engineering Services Department;

    That total funds required for this project in the amount of $406,000.00 (Net HST Rebate), which includes the construction cost of $359,957.77(Net HST Rebate) and other costs including material testing, permits fees and contingencies in the amount of $46,042.23 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts; and

    Description

    Account Number

    Amount

    Pavement Rehabilitation Program (2019)

    110-32-330-83212-7401

    $332,000

    Roadside Protection Program (2019)

    110-32-330-83338-7401

    74,000

    That all interested parties listed in Report COD-017-20 and any delegations be advised of Council’s decision.

    Yes (4)Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
    No (3)Councillor Jones, Councillor Neal, and Councillor Traill
    Carried on a Recorded Vote Later in the Meeting, See following Motions (4 to 3)
  • Resolution #C-234-20
    Moved byCouncillor Neal
    Seconded byCouncillor Anderson

    That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-233-20 for a second time.

    Carried

    The foregoing Resolution #C-233-20 was then put to a recorded vote and carried.


  • Item 11 - Cedar Crest Beach Update - Beach Erosion/Property Loss Study

    Resolution #C-235-20
    Moved byCouncillor Traill
    Seconded byCouncillor Zwart

    That Report PSD-012-20 be received;

    That, in accordance with the Purchasing By-law, the lower of the bids from the qualified consultants will be awarded the consulting contract, to the maximum of the $30,000 budget for the completion of the Cedar Crest Beach Erosion/Property Loss Study;

    That Staff report back to Council with the results of the study, once completed; and

    That all interested parties listed in Report PSD-012-20, including all landowners in the Port Darlington (west shore) reach 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 Later in the Meeting, See following Motions (5 to 2)
  • Resolution #C-236-20
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-235-20 for a second time.

    Carried

    The foregoing Resolution #C-235-20 was then put to a recorded vote and carried


  • Resolution #C-237-20
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That the recommendations contained in the Planning and Development Committee Report of May 19, 2020 be approved on consent, with the exception of item 1.

    Carried
  • Item 1 - Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study

    Councillor Neal declared an indirect interest in Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study (Item 1 of the Planning and Development Committee Report), as it relates to his law practice.  Councillor Neal muted his audio and video and refrained from discussion on this matter.

    Resolution #C-238-20
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That Report PSD-015-20 - Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, be referred to the September 21, 2020 Council meeting.

    Carried Later in the Meeting, see following motion
  • Resolution #C-239-20
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That the foregoing Resolution #C-238-20 be amended by replaced "September 21, 2020" with "July 6, 2020".

     

    Carried

    The foregoing Resolution #C-238-20 was then put a vote and carried as amended.


  • Resolution #C-240-20
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That Report CAO-015-20 be received for information.

     

    Referred
  • Resolution #C-241-20
    Moved byCouncillor Anderson
    Seconded byCouncillor Hooper

    That Report CAO-015-20 be referred to the end of the Agenda to be considered during Closed Session.

    Carried
  • Recess

    Resolution #C-242-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Jones

    That the Council recess for 15 minutes.

    Carried

    The meeting reconvened at 9:15 PM with Mayor Foster in the Chair.


  • Resolution #C-243-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Traill

    That Resolution #GG-093-20 - Hall Board Grant Requests, be referred to the June 22, 2020 General Government Committee meeting.

     

    Carried
  • Lifted from the Table

    Resolution #C-244-20
    Moved byCouncillor Neal
    Seconded byCouncillor Traill

    That Resolution #GG-113-20 regarding EGD-006-20, regarding Cedar Crest Beach Rd and West Beach Rd Berm Review and Estimates, be lifted from the table.

    Carried

    The following Resolution was now before Council:

    That Report EGD-006-20 be received;

    That no further flood mitigation work be undertaken on West Beach Rd at this
    time; and

    That all interested parties listed in Report EGD-006-20 and any delegations be
    advised of Council’s decision.


  • Resolution #C-245-20
    Moved byCouncillor Traill
    Seconded byCouncillor Hooper

    That Resolution #GG-113-20 regarding EGD-006-20, regarding Cedar Crest Beach Rd and West Beach Rd Berm Review and Estimates, be tabled to the November 2, 2020,  Council meeting.

    Yes (5)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart
    No (2)Councillor Jones, and Councillor Neal
    Carried (5 to 2)
  • Resolution #C-246-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Traill

    That Report COD-018-20 be received;

    That the proposal received from Vision 33, being the most responsive bidder meeting all terms, conditions and specifications of RFP2019-4B be awarded the contract for the development and installation of the Municipal Business Solution;

    That the required funding for this project in the amount of $5,083,986.59 (Net HST Rebate) over the ten-year period be approved with the account distribution to be confirmed annually as part of the budget process;

    That Council authorizes the use of reserve funds from the Tax Rate Stabilization Reserve Fund in the amount of $275,000 and from the Building Inspection Reserve Fund in the amount of $250,000 in 2021; and

    That all interested parties listed in Report COD-018-20 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 Later in the Meeting, See following Motions (6 to 1)
  • Resolution #C-247-20
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-246-20 for a second time.

    Carried
  • Resolution #C-248-20
    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-246-20 for a third time.

    Carried

    Councillor Neal rose on a point of order stating he did not used the term "responsible for tax payers" but in fact said "accountable to taxpayers" when referring to Municipal Staff.

     Mayor Foster apologize

    The foregoing Resolution #C-246-20 was then put to a recorded vote and carried.

     


  • Resolution #C-249-20
    Moved byCouncillor Traill
    Seconded byCouncillor Anderson

    That Confidential Report LGL-004-20 Pre-Sort/AD Facility and the EFW Host Community Agreement, be referred to the end of the Agenda to be considered during Closed Session.

    Carried
  • Resolution #C-250-20
    Moved byCouncillor Anderson
    Seconded byCouncillor Zwart

    That the Memo from Faye Langmaid, Acting Director of Planning Services, regarding North Newcastle Village Secondary Plan – Milestones / Timelines, be received for information.

    Carried
  • 12.1 - Report CAO-015-20 - COVID-19 Business Continuity Planning Update

    Earlier in the meeting, this matter was referred to the end of the meeting to be considered in Closed Session.  Council determined there was no longer a need to go into closed session.  The Chair therefore called the vote.

    The foregoing Resolution #C-240-20 was then put to a vote carried.

    14.4 - Confidential Report LGL-004-20 - Pre-Sort/AD Facility and the EFW Host Community Agreement

    Resolution #C-251-20
    Moved byCouncillor Neal
    Seconded byCouncillor Traill

    That the Region of Durham be advised that the siting of the Anaerobic Digester in the Clarington Energy Park is (i) a breach of the Host Community Agreement for the EFW; and (ii) is contrary to Clarington’s Official Plan for the Energy Park Secondary Plan and Municipal Wide Courtice waterfront park;

    That Clarington initiate mediation/arbitration proceedings under the Host Community Agreement; and

    That Clarington advise the Region that Clarington is no longer bound by the terms of the Host Community Agreement regarding not opposing the expansion of the EFW.

     

    Yes (7)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
    Carried on a Recorded Vote Later in the Meeting, See following Motions (7 to 0)
  • Closed Session

    Resolution #C-252-20
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

    Carried
  • Recess

    Resolution #C-253-20
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That the Council recess for five minutes.

    Carried

    Rise and Report

    The meeting resumed in open session at 11:05 PM.

    Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed on a procedural matter.


  • Resolution #C-254-20
    Moved byCouncillor Zwart
    Seconded byCouncillor Neal

    That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-251-20 for a second time.

    Carried
  • Resolution #C-255-20
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That the foregoing Resolution #C-251-20 be amended by deleting paragraph three.

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

    The foregoing Resolution #C-251-20 was then put to a recorded vote and carried.


  • Resolution #C-257-20
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That leave be granted to introduce By-law 2020-036, 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, 2020; and

    That the said by-law be approved.

    Carried
  • Resolution #C-258-20
    Moved byCouncillor Neal
    Seconded byCouncillor Traill

    That the meeting adjourn at 11:27 PM.

    Carried