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General Government Committee

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,
  • J. Newman,
  • L. Patenaude,
  • G. Acorn,
  • S. Brake,
  • R. Maciver,
  • T. Pinn,
  • and G. Weir
Other Staff Present:
  • B. Radomski, L. Wheller


Mayor Foster called the meeting to order at 9:30 a.m.

Councillor Traill led the meeting in the Land Acknowledgement Statement.

There were no new business items added to the Agenda.

  • Resolution #GG-280-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That the Agenda for the General Government Committee meeting of April 19, 2021, be adopted, save and except, Item 10.1 as it doesn't meet the criteria requirements for correspondence.

    Carried

Mayor Foster declared a direct interest in Item 20.1, 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 OBCA.

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

  • Resolution #GG-281-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That the minutes of the regular meeting of the General Government Committee meeting held on March 29, 2021, be adopted.

    Carried

Due to technical difficulties, delegations were heard in the following order.

Beth Meszaros was present via electronic means and made a verbal presentation to accompany an electronic presentation. She quoted the Municipal Planning Policy relating to the Official Plan and quoted the Ruling of the Tribunal Report dated July 25, 2018. Ms. Meszaros stated that Clarington could have sustainable development by setting clear definitions, specific parameters and enforceable regulations. She stated that events need to be intermittent and that the Region of Durham is over simplifying their position. Ms. Meszaros noted that it is encouraging to hear Members of Council discuss a minimum distance separation between neighbors and a special event venue.  She explained how the by-law is inadequate and unenforceable and added that Clarington is unprepared to enforce and regulate on-farm special event venues to ensure sustainable development, manage growth and healthy communities. Ms. Meszaros questioned why Clarington followed LPAT's Ruling for the meat processing portion of Report PSD-070-18 but did not implement the decision regarding special events from the same report.  She expressed her concerns regarding the number of events and suggested that Committee reject Section 2.6.  Ms. Meszaros stated that Clarington must align with the PPS and added that before any applications are approved, Clarington must implement an enforceable framework with clear definitions.  She requested that the specific limits with numbers and times be set, follow the ruling of LPAT and trust the advice from the Agricultural Advisory Committee.

Item 8.2, Delegation of Raivo Uukkivi, Cassels Brock and Blackwell LLP, Regarding Item 15.2, Report LGS-016-21 On-Farm Special Event Licensing By-law was considered later in the meeting after Item 10.2.

Les Caswell was present via electronic means and stated that he submitted a letter to Mr. Maciver, Municipal Solicitor on March 30, 2021 regarding Staff comments made at the subcommittee meeting and never received acknowledgement or response.  He expressed his concerns regarding bees and pesticides as they can cause allergic reactions.  Mr. Caswell questioned if overnight camping will be permitted and how will it be enforced and stated he agrees with the licensing agreement policy. He expressed his concerns regarding the yearly fee, specific guidelines to be included, the number of events, hours and time.  Mr. Caswell concluded by stating that the decision of Committee is one that affects all of Clarington not one specific site.

Annette Weykamp was present via electronic means and made a verbal presentation to accompany an electronic presentation. Ms. Weykamp stated that the suggestions from Staff regarding the by-law is practical and reasonable. She quoted the Municipal Act and expressed her concerns regarding the LPAT decision PL170178 from 2018.  She quoted the limitations outlined in the PPS, the definition of on-farm diversified uses and provided recommended area calculations. Ms. Weykamp expressed her concerns regarding the number of attendees and suggested that the site plan significantly lowered the numbers because of parking, septic and floor space calculations. She stated that limiting the events to weekends and holidays makes it permanent and does not look forward to noise and traffic every long weekend. Ms. Weykamp suggested that the cap for events per year should be lowered as it is supposed to be secondary, not primary.  She expressed her concern regarding events not being small, noise cut off at 11 p.m., licensing fee, and fines. Ms. Weykamp stated that a license is essential to the enforcement of the by-law.  She thanked the Agricultural Advisory Committee and Staff for their recommendations to limit events as secondary to the primary agricultural use and stated that there is sufficient information from LPAT to limit the scope of such events in the best interest of the public and farming operations.

Bruce Sargent, Sargent Family Dairy, was present regarding Item 15.2, Report LGS-016-21 On-Farm Special Event Licensing By-law. Mr. Sargent made a verbal presentation to accompany an electronic presentation.  He introduced himself explaining he owns a dairy farm and has contributed over $300,000,000 to contributions in production each year. Mr. Sargent expressed his concerns regarding the definition of on-farm events, hours and seasonality, the fee and frequency of meetings. He stated that the proposal is too restrictive, more time is needed to find a balance, and the by-law should be reformulated to include more specific operational regulations.  Mr. Sargent noted that, if other regions don't restrict special events, Clarington will be pushing events away.  He concluded by stating that the community needs the opportunity for growth since the pandemic and answered questions from Members of Committee.

Susanne Gagnon was present via electronic means and introduced herself and expressed her concerns regarding the number of guests, hours of operation, noise, complaints, traffic, pesticides, and the yearly fee.  She explained that people move to rural areas for a quiet place, not to be beside an event space that has numerous guests making noise past 11 p.m.  Ms. Gagnon stated that educational events should be considered separately and questioned if there will be a cap on licenses and how will they be controlled.

Bob Clark, Clark Consulting Services was present via electronic means and addressed his concerns regarding the proposed by-law adding that the by-law should include how to resolve complaints. He stated that the process is difficult for a farmer to be confident in moving forward with an event knowing the workers involved will stay and maintain staffing levels.  Mr. Clark expressed his concerns regarding overlapping of events, definition of on-farm uses, noting educational events should be considered separately, inclusion of staff in the number of attendees, the fee, issuance and refusal of licenses, and penalties. He concluded by answering questions from Members of Committee.

Carion Fenn, President and CEO, Carion Fenn Foundation, was present via electronic means and made a verbal presentation to accompany an electronic presentation.  She introduced herself and provided an overview of the charity.  Ms. Fenn outlined their 2021 programs and thanked Council for participating in Durham Kids Health Week.  She noted that, on April 22, 2021, they are hosting their first kids’ wellness forum. She stated that May 3-9 is Mental Health Week and May 5 is the first Resilience Workshop which is sponsored by Clarington.  Ms. Fenn stated that they would like to run an eight-week program for Clarington residents, to help recover from the pandemic. She added that they will apply for funding through Clarington and thanked Members of Council for their Support. 

  • Resolution #GG-283-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    That Item 8.8, Delegation of Carion Fenn, President and CEO, Carion Fenn Foundation, Regarding Mental Health Week and Resilience Workshop, be received and referred to Staff.

    Carried
  • Recess

    Resolution #GG-284-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Jones

    That the Committee recess for 10 minutes.

    Carried

    The meeting reconvened at 10:58 a.m. with Mayor Foster in the Chair.


  • Alter the Agenda

    Resolution #GG-285-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That the Agenda be altered to consider Item 15.2, Report LGS-016-21, at this time.

    Carried

15.
Legislative Services Department Reports
 

  • Resolution #GG-286-21
    Moved byCouncillor Neal
    Seconded byCouncillor Jones

    That Report LGS-016-21 be received;

    That the proposed By-law be amended by removing Sections 2.6, 2.7, 2.8, and 2.9;

    That the issues be dealt with through the individual zoning application; and

    That the fee be amended to $250 per year.

    Referred
  • Amendment:
    Resolution #GG-287-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That the foregoing Resolution #GG-286-21 be amended by adding the following at the end:

    That the properties currently zoned to permit on-farm special events, be grandfathered in.

    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)
  • Resolution #GG-288-21
    Moved byCouncillor Traill
    Seconded byCouncillor Neal

    That the foregoing Resolution #GG-286-21, be referred to Staff to Report back at the May 10, 2021 General Government Committee meeting.

    Carried
  • Resolution #GG-289-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Neal

    That Communication Items 9.1 to 9.7, with the exception of Items 9.1, 9.3 and 9.7, be received for information.

    Carried
  • Resolution #GG-290-21

    That Communication Item 9.2, Minutes of the Newcastle Business Improvement Area dated March 11, 2021, be received for information.

  • Resolution #GG-291-21

    That Communication Item 9.4, Minutes of the Energy from Waste - Waste Management Advisory Committee dated March 25, 2021, be received for information.

  • Resolution #GG-292-21

    That Communication Item 9.5, Minutes of the Ganaraska Region Conservation Authority dated March 18, 2021, be received for information.

  • Resolution #GG-293-21

    That Communication Item 9.6, George Acorn, Director and Lee-Ann Reck, Manager, Client Services, Community Services, Regarding Resolution #GG-163-21 Youth Engagement in Clarington, be received for information.

  • Resolution #GG-297-21
    Moved byCouncillor Zwart
    Seconded byCouncillor Hooper

    That Communication Item 10.2, Jeff Solly, Tribute (Prestonvale) Limited, Regarding an Unopened Road Allowance Between Lots 35 and 35, Concession 1, Former Township of Darlington, be referred to Staff.

    Carried
  • Resolution #

    The Committee recessed for their one hour scheduled break in accordance with the Procedural By‑law.

     

    The meeting reconvened at 1:00 p.m. with Mayor Foster in the Chair.


8.
Delegations
 

Raivo Uukkivi, Brock and Blackwell LLP, was present via electronic means and agreed with the recommendation to remove Sections 2.6 to 2.9 in the proposed by-law and believes it is the appropriate approach as it gives Staff and Council an opportunity to work with each application separately.

Councillor Hooper chaired this portion of the meeting.

  • Resolution #GG-298-21
    Moved byMayor Foster
    Seconded byCouncillor Zwart

    That Report PWD-021-21 be received; and

    That the By-law attached to Report PWD-021-21, as Attachment 1, be approved.

    Carried

Councillor Jones chaired this portion of the meeting.

Item 15.2 was dealt with earlier in the meeting after Item 8.8.

  • Resolution #GG-299-21
    Moved byMayor Foster
    Seconded byCouncillor Hooper

    That Report LGS-015-21 be received for information.

    Carried

Councillor Neal chaired this portion of the meeting.

  • Resolution #GG-300-21
    Moved byCouncillor Hooper
    Seconded byMayor Foster

    That Report FSD-020-21 be received;

    That Asplundh Canada ULC, Cressman Tree Maintenance & Landscaping Ltd., Davey Tree Expert Co. of Canada Limited, Ontario Line Clearing & Tree Experts Inc. and Rockwood Tree Services Ltd. having met all terms, conditions and specifications of CL2021-3 be awarded the contract for an initial three-year term for the Emergency Tree Pruning Removal and Hydro Line Clearing Registry, as required by the Public Works Department;

    That pending satisfactory performance, the Purchasing Manager, in consultation with the Director of Public Works be given the authority to extend the registry contract for up to two additional one-year terms;

    That the estimated funds required for the first-year term in the amount of $80,000 (Net HST Rebate) be funded by the Municipality as provided. The funds required for the second-year term and the third-year term in the estimated amount of $160,000 (Net HST Rebate) will be included in future budget accounts. The funding required for the initial one-year term will be funded from the following account:

    Description

    Account Number

    Amount

    Parks/Forestry/Contracting

    100-36-325-10215-7163

    $80,000

     

    That all interested parties listed in Report FSD-020-21 and any delegations be advised of Council’s decision.

    Carried
  • Resolution #GG-301-21
    Moved byCouncillor Jones
    Seconded byCouncillor Neal

    That Item 19.1, Delegation of Janet Moher, Regarding a Request for a By-law to Regulate Feeding Seagulls, be received with thanks.

    Carried
  • Closed Session

    Resolution #GG-302-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Zwart

    The "closed" session was convened in accordance with Section 239(2) of the Municipal Act, 2001, as amended, for the purpose of discussing 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; and
    • a matter that deals with labour relations or employee negotiations
    Carried

Rise and Report

The meeting resumed in open session at 2:15 p.m.

Councillor Neal left the meeting.

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

  • Resolution #GG-303-21
    Moved byCouncillor Hooper
    Seconded byCouncillor Jones

    That the meeting adjourn at 2:16 p.m.

    Carried