The Clarington Record

Regular Council Meeting

June 20, 2022

Who was there

Present (3): Granville Anderson, A. Foster, Margaret Zwart

Absent (1): Corinna Traill

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

What was decided (37 motions)

30 carried, 7 recorded otherwise. Every motion below is printed as the minutes print it.

That the minutes of a regular meeting dated May 30, 2022, be approved.
Moved by Councillor Jones, seconded by Councillor Hooper
Carried
That the Council recess for 5 minutes.
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
That Advisory Committee Report Items 9.1.1 to 9.1.6, be approved.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
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.
Moved by Councillor Jones, seconded by Councillor Neal
Carried
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
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
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.
Moved by Councillor Jones, seconded by Councillor Neal
Carried
That the minutes of the Special General Government Committee meeting of June 13, 2022 be approved on consent.
Moved by Councillor Neal, seconded by Councillor Hooper
Carried
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.
Moved by Councillor Anderson, seconded by Councillor Neal
Carried
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.
Moved by Councillor Neal, seconded by Councillor Jones
Withdrawn
That Memo-037-22 - Courtice Waterfront and Energy Park Secondary Plan – Alternative Bike-Lane Standards, be received for information.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That the Rules of Procedure be suspended to introduce a motion regarding a Community Warning Program to the Agenda.
Moved by Councillor Hooper, seconded by Councillor Neal
Carried
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.
Moved by Councillor Hooper, seconded by Councillor Neal
Carried
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.
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
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.
Moved by Councillor Zwart, seconded by Councillor Hooper
Carried
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.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
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
Moved by Councillor Neal, seconded by Councillor Jones
Lost
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
Moved by Councillor Zwart, seconded by Councillor Hooper
Referred
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.
Moved by Councillor Zwart, seconded by Councillor Anderson
Carried
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.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
Files: ZBA2019
That Memo-038-22 - Funding Update for Bowmanville Boat Launch Rehabilitation be received; and That the Boat Launch Rehabilitation be
Moved by Councillor Neal, seconded by Councillor Hooper
Carried
In favour (5): Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Zwart · Opposed (1): Mayor Foster
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
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
In favour (4): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Zwart · Opposed (2): Councillor Jones, Councillor Neal
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.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
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.
Moved by Councillor Neal, seconded by Councillor Hooper
Carried
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.
Moved by Councillor Zwart, seconded by Councillor Anderson
Carried
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.
Moved by Councillor Hooper, seconded by Councillor Jones
Carried
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
Moved by Councillor Jones, seconded by Councillor Neal
Referred
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
Moved by Councillor Hooper, seconded by Councillor Zwart
Lost
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.
Moved by Councillor Jones, seconded by Councillor Neal
Carried
That By-law 2022-039 - Being a by-law to appoint an Integrity Commissioner for the Municipality of Clarington, be approved.
Moved by Councillor Zwart, seconded by Councillor Hooper
Carried
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.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
That the meeting adjourn at 10:21 p.m.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
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 June 20, 2022 Council Minutes 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
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
That the Rules of Procedure be suspended to introduce a motion regarding a Community Warning Program.
Moved by Councillor Hooper, seconded by Councillor Neal
Carried
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. June 20, 2022 Council Minutes Yes (3): Councillor Anderson, Councillor Jones, and Councillor Neal No (3): Mayor Foster, Councillor Hooper, and Councillor Zwart Absent (1): Councillor Traill
Moved by Councillor Neal, seconded by Councillor Jones
Lost
That Confidential Report CAO-007-22 be received; and 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. June 20, 2022 Council Minutes
Moved by Councillor Zwart, seconded by Councillor Anderson
Carried
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 approved. Yes (3): Mayor Foster, Councillor Hooper, and Councillor Zwart No: (3) Councillor Anderson, Councillor Jones and Councillor Neal Absent (1): Councillor Traill
Moved by Councillor Hooper, seconded by Councillor Zwart
Lost
That the Rules of Procedures be suspended to allow Members of Council to speak to the foregoing Resolution #C-161-22 for a second time.
Moved by Councillor Jones, seconded by Councillor Neal
Carried

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