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Council Minutes

Meeting #:
Date:
Time:
-
Location:
Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams)
Absent:
  • Mayor A. Foster,
  • Councillor G. Anderson,
  • Councillor R. Hooper,
  • Councillor J. Jones,
  • Councillor J. Neal,
  • Councillor C. Traill,
  • and Councillor M. Zwart

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

Councillor Hooper led the meeting in a moment of reflection.

Councillor Hooper recited the Land Acknowledgement Statement.

  • Suspend the Rules

    Resolution #C-156-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That the Rules of Procedure be suspended to add an item, as Item 10.1 – Communications for Direction, correspondence from Wendy Bracken regarding the City of Toronto seeking authority to negotiate with other landfill and EFW facilities to negotiate taking waste.

    Carried

Mayor Foster declared a direct interest in Unfinished Business Item 14.1, CAO‑002-21 Potential Land Disposition, as he is the Secretary-Treasurer with Durham Region Non-Profit Housing Corporation and has a conflict under the Ontario Business Corporations Act.

Councillor Jones declared an indirect interest in Item 4 of the Planning and Development Committee Report - PDS-026-21 Lease with Lakeridge Health for a Temporary Air Ambulance Heliport.

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

  • Resolution #C-157-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That the minutes of the regular meeting of the Council held on April 12, 2021 be approved.

    Carried

MPP David Piccini was present to provide an update on the 2021 Provincial Budget.  He recited a Land Acknowledgement Statement and commended the Municipality of Clarington and CAO Allison on the mental health initiatives for staff.  MPP Piccini explained that his presentation would focus on a few key points which will affect the Region of Durham.  He noted that the key factors of the 2021 Provincial Budget are protecting people’s health and protecting the economy.  MPP Piccini continued by providing an overview of the key initiatives including the temporary jobs training tax credit, enhancing the childcare tax credit, a focus on tourism, hospitality and business support grants, and the community building fund.  He continued by highlighting items relating to healthcare including support for Lakeridge Health, local hospices, long term care homes, and investing in the health care workforce.  MPP Piccini added that there are also several local initiatives including the Community Rural Infrastructure Fund, Social Service Relief Fund, Fire Grants, and supporting local agriculture.  He concluded by stating that, in response to the pandemic, it is important for “everyone to link arms” and work together to support the residents.  MPP Piccini answered questions from the Member of Council.

  • Resolution #C-158-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That the Presentation of MPP Piccini, regarding 2021 Provincial Budget, be received with thanks.

    Carried

Rick McEachern was present regarding the Red Oak Tree at 21 Beech Avenue (Item 6.1 of the Heritage Committee Minutes of April 20, 2021).  He explained to the Members of Council that this tree is significant to Bowmanville's past, present, and future.  Mr. McEachern added that the future of the tree is rumored to be in jeopardy.  He explained that, based on his measurements, he has determined the tree is approximately 288 years old, which means it sprouted in 1733.  Mr. McEachern added that it makes the tree older than our country and it has been around prior to the first pioneers settling in Bowmanville.  He continued by highlighting many significant historical events that have occurred since the tree has been alive.  Mr. McEachern stated that this tree was alive prior to the construction of Beech Avenue and the homes being built on that street.  He explained that he has started a petition on charge.org, containing over 5000 signatures.  Mr. McEachern reviewed the criteria for designating a tree with heritage significance and he feels this tree meets that criteria.  He feels the tree’s life should be extended with support, including trimming.  Mr. McEachern concluded by urging the Members of Council to take the necessary steps to protect this heritage tree.

  • Alter the Agenda

    Resolution #C-159-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That the Agenda be altered to consider Clarington Heritage Committee minutes dated April 20, 2021, at this time.

    Carried

11.
Committee Reports
 

11.1
Advisory Committee Reports
 

  • Resolution #C-160-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That the minutes of the Heritage Committee dated April 20, 2021, be approved; and

    That Staff report back on a cost estimate on preserving, trimming and supporting the Red Oak Tree.

    Carried
  • Resolution #C-161-21
    Moved byCouncillor Jones
    Seconded byCouncillor Anderson

    That Correspondence Item 9.1 be received for information.

    Carried
  • Resolution #C-162-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    Whereas the City of Toronto’s Infrastructure and Environment Committee passed a recommendation, at their April 28, 2021 meeting, seeking authority for the General Manager, Solid Waste Management Services to negotiate sending the City of Toronto waste to Energy-from-Waste (EFW) facilities in Ontario;

    And whereas the City of Toronto Council will be considering the Committee’s recommendation at their Wednesday, May 5, 2021 Council meeting;

    And whereas the Municipality of Clarington is concerned about waste being imported into Clarington from other municipalities;

    And whereas the Durham York Energy Centre (DYEC) Environmental Compliance Approval (ECA) only permits waste from Durham and York Regions;

    And whereas the Host Community Agreement (HCA) between Durham Region and the Municipality of Clarington for the DYEC restricts the waste source to those identified in the EA Terms of Reference, which the ECA reflects; and

    And whereas, the HCA outlines that, in the event that at any subsequent time City of Toronto waste would be processed at the DYEC, then Clarington shall be paid the sum of Ten Dollars ($10.00) per tonne;

    Now therefore be it resolved:

    That the correspondence from Wendy Bracken, regarding the City of Toronto’s plan for their waste, be received;

    That the Municipality of Clarington notify the City of Toronto that its waste is not welcome in Clarington;

    That the Region of Durham be requested to notify the City of Toronto and the Province of Ontario that City of Toronto waste in not welcome in Clarington or anywhere in Durham Region;

    That the Province of Ontario, and Clarington’s MPPs, be asked to formally acknowledge and provide a response to the Municipality of Clarington’s concerns; and

    That a copy of Council’s decision be forwarded to the Premier of Ontario, Clarington’s MPPs, the Region of Durham, the DYEC, the City of Toronto, and Wendy Bracken.

    Yes (6)Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart
    Carried (6 to 0)
  • Resolution #C-163-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Neal

    That Advisory Committee Report Items 11.1.1 to 11.1.4, be approved with the exception of 11.1.1, 11.1.3 and 11.1.4 as it was considered earlier in the meeting.

    Carried
  • Resolution #C-164-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That the minutes of the Agricultural Advisory Committee dated April 8, 2021, be approved. 

    Carried
  • Resolution #C-165-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That the minutes of the Newcastle Arena Board dated April 13, 2021, be approved.

    Carried
  • Resolution #C-166-21
    Moved byCouncillor Neal
    Seconded byCouncillor Anderson

    That the recommendations contained in the General Government Committee Report of April 19, 2021, be approved on consent, with the exception of item 5.

    Carried
  • Item 5 - Human Resources Matter – Closed Session Resolution

    Resolution #C-167-21
    Moved byCouncillor Neal
    Seconded byCouncillor Hooper

    That Item 5 of the General Government Committee Report be referred to the end of the Agenda to be considered during Closed Session.

    Carried
  • Resolution #C-168-21
    Moved byCouncillor Anderson
    Seconded byCouncillor Hooper

    That the recommendations contained in the Planning and Development Committee Report of April 26, 2021, be approved on consent, with the exception of items 3 and 4.

    Carried
  • Item 4 - Lease with Lakeridge Health for a Temporary Air Ambulance Heliport

    Councillor Jones declared a direct interest in Report PDS-026-21, as she is an employee of Lakeridge Health. Councillor Jones muted her audio and video and refrained from discussion and voting on this matter.

    Resolution #C-169-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That PDS-026-21 be received;

    That the Mayor and Municipal Clerk be authorized to execute a Lease Agreement between the Municipality of Clarington and Lakeridge Health substantially on the terms set out in Attachment 2 of Report PDS-026-21; and

    That all interested parties listed in Report PDS-026-21 and any delegations be advised of Council’s decision.

    Carried

    Councillor Jones returned to the meeting.


  • Item 3 - Darlington New Nuclear Build, License Renewal Hearing

    Resolution #C-170-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Anderson

    That Report PDS-025-21 be received; and

    That Council adopt the following resolution:

    That the Darlington Nuclear Generating Station has been a significant part of the Municipality of Clarington since the 1980s, and has provided many positive benefits to the community with minimal adverse effects on the natural environment;

    That the Municipality of Clarington Council and Staff have attended numerous meetings and information sessions with respect to the Darlington New Nuclear Power Plant Project and are therefore very knowledgeable with respect to the Project; and

    That the Municipality of Clarington retained a qualified team of professionals to undertake a detailed peer review of the draft Environmental Impact Statement for the Darlington New Nuclear Power Plant Project and, on the basis of this peer review, can state with confidence that the Environmental Impact Statement meets the requirements of the Guidelines for the preparation of the document and that it satisfactorily addresses the Municipality's issues and concerns with respect to the Project;

    That the Municipality of Clarington's peer review of the Environmental Impact Statement for the Darlington New Nuclear Power Plant Project agreed with the study’s conclusions;

    That Council and the residents of the Municipality of Clarington have been steadfast in their support for the proposed Darlington New Nuclear Power Plant Project and are eager to have nuclear power generation continue as a positive presence in our community;

    That Council and the community of Clarington are very supportive of the use of Small Modular Reactors (SMR) as it would avoid the use of cooling towers, thus minimizing any associated socio-economic impacts for Clarington and Durham Region, for the Darlington New Nuclear Power Plant Project;

    That Clarington Staff has worked with representatives of the Canadian Nuclear Safety Commission (CNSC), Ministry of Municipal Affairs and Housing, Durham Region and Ontario Power Generation to ensure that sensitive land uses are addressed within the three-kilometer buffer zone;

    That many traffic and transportation network improvements have been implemented over the past decade to address potential deficiencies within the network and Clarington Staff have reviewed the findings of the updated Traffic Assessment Report, September 2019; and

    That the Council of the Municipality of Clarington hereby advises the CNSC that it supports the Darlington New Nuclear Power Plant Project and strongly supports the use of SMR technology;

    That the Mayor and Senior Staff accept the invitation of the CNSC to appear at the hearing in June to outline the Municipality’s support for the project, our involvement and comments as set out in Report PSD-010-11 and reaffirmed in this Report PDS-025-21; and

    That the Canadian Nuclear Safety Commission and Ontario Power Generation and all interested parties be notified of Council’s decision.

    Carried Later in the Meeting, see following motion
  • Amendment:
    Resolution #C-171-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-170-21 for a second time.

    Motion Withdrawn

    The foregoing Resolution #C-170-21 was then put to a vote and carried.


  • Resolution #C-172-21
    Moved byCouncillor Jones
    Seconded byCouncillor Anderson

    That the minutes of the Audit Committee dated April 7, 2021, be approved.

    Carried
  • Closed Session

    Resolution #C-173-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing three matters that deal with the following:

    • a matter that deals with personal matters about an identifiable individual, including municipal or local board employees;
    • a proposed or pending acquisition or disposition of land by the municipality or local board;
    • a matter that deals with labour relations or employee negotiations.
    Carried

    Rise and Report

    The meeting resumed in open session at 9:01 PM.

    Mayor Foster advised that three items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff.


  • Item 5 - Human Resources Matter – Closed Session Resolution

    Resolution #C-174-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That the closed session Resolution #CGG-010-21, be approved.

    Carried
  • Mayor Foster declared a direct interest in Report CAO-002-21 Potential Land Disposition, as he is the Secretary-Treasurer with Durham Region Non-Profit Housing Corporation and has a conflict under the Ontario Business Corporations Act.. Mayor Foster muted his audio and video and refrained from discussion and voting on this matter.

    Councillor Anderson assumed the chair.

    Resolution #C-175-21
    Moved byCouncillor Neal
    Seconded byCouncillor Zwart

    That Report CAO-002-21 be received; and

    (a) That all proponents who responded to the Spry Avenue RFP be informed that there will be no award;

    (b) That the Spry Avenue property be listed for sale on Multiple Listing Service (MLS), with a condition that any purchaser have a pre-consultation meeting with Planning staff; and

    (c) That Staff meet with the Affordable Housing Taskforce to discuss strategies going forward to offer surplus Municipal land for sale.

    Carried

    Mayor Foster returned to the meeting and assumed the chair. 


15.

  • Resolution #C-176-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Neal

    That leave be granted to introduce By-law 2021-047; and

    That the said by-law be approved.

    Carried

Councillor Neal enquired what percentages of the students hired are the children of current, or former, employees.

Councillor Neal enquired if Community Services does their own lawn maintenance and how many pieces of equipment they own.

Councillor Neal enquired about what the full-time staff are doing in Community Services, with the facilities being closed for most of 2021.

Councillor Neal enquired about the CAO Committee and that it was his understanding the Committee was to report back to the General Government Committee.

Councillor Zwart thanked staff for quickly working on, and assisting with, the preparation of the resolution to be sent to the City of Toronto.

  • Resolution #C-177-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Anderson

    That leave be granted to introduce By-law 2021-048, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 3rd day of May, 2021; and

    That the said by-law be approved.

    Carried
  • Resolution #C-178-21
    Moved byCouncillor Anderson
    Seconded byCouncillor Hooper

    That the meeting adjourn at 9:25 p.m.

    Carried