The Clarington Record

General Government Committee

May 10, 2021

What was decided (51 motions)

39 carried, 12 recorded otherwise. Every motion below is printed as the minutes print it.

That the Agenda for the General Government Committee meeting of May 10, 2021, be adopted with the addition of a New Business Item regarding Declaration of Interest for Advisory Committees.
Moved by Councillor Hooper, seconded by Councillor Anderson
Carried
That Items 7.1 and 7.2, be adopted on consent.
Moved by Councillor Zwart, seconded by Councillor Hooper
Carried
That Item 8.1, Delegation of Daniela Glaser, Adulam Foundation, Regarding Ecotherapy Proposal Letter, be
Moved by Councillor Zwart, seconded by Councillor Hooper
Referred
That the Agenda be altered to consider Item 19.1, Report LGS-018-21 On-Farm Special Events Licensing By-law, at this time.
Moved by Councillor Neal, seconded by Councillor Anderson
Carried
That Report LGS-018-21 be received for information. Yes (7) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Hooper
Carried
That the foregoing Resolution #GG-312-21 be amended by adding the following at the end: 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".
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That the foregoing Resolution #GG-312-21 be amended by adding the following at the end: 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".
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That the foregoing Resolution #GG-312-21 be amended by adding the following at the end: That Section 3.7 of the by-law be deleted.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That the Committee recess for 10 minutes.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That the foregoing Resolution #GG-312-21 be amended by adding the following at the end: That Section 3.12 of the by-law be amended by deleting the words "November 1" and replacing with the words "December 31"; and 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
Moved by Councillor Hooper, seconded by Councillor Anderson
Carried
In favour (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, Councillor Zwart · Opposed (2): Councillor Jones, Councillor Neal
That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #GG-317-21 for a second time.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That the Delegation of Sheila Hall, Executive Director and Bonnie Wrightman, Manager of Business Development, Clarington Board of Trade & Office of Economic Development, regarding an Update on the Q1 2021 - KPI Report, be received with thanks.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
That the Rules of Procedure be suspended to extend the meeting for an additional 10 minutes until 12:10 p.m.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That the Rules of Procedure be suspended to extend the meeting for an additional 5 minutes until 12:15 p.m.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
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.
Moved by Councillor Jones, seconded by Councillor Neal
Carried
That Communication Items 9.1 to 9.7, be received on consent.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
That the following resolution from Tenzin Shomar, Executive Director, Clarington Youth Council, regarding Opening Outdoor Recreational Amenities, be endorsed by the Municipality of Clarington: Whereas recent amendments to Ontario Regulation 82/20 under the Reopening Ontario Act, 2020 have closed outdoor recreational amenities, such as baseball diamonds, soccer fields, tennis courts, basketball courts, parks, and picnic sites; Whereas scientific evidence has shown that the risk of outdoor transmission of COVID-19 is substantially lower than transmission in indoor settings; Whereas Ontario’s COVID-19 Science Advisory Table has reaffirmed that “limiting mobility” means restricting movement between regions, not discouraging safe outdoor activities; Whereas lockdown measures have negatively impacted the mental and physical health of all individuals, particularly the health of young people; and Whereas restrictions on public outdoor amenities disproportionally affect low-income youth who may lack access to adequate greenspace. Now therefore be it resolved that the Clarington Youth Council urge the Government of Ontario to allow reasonable outdoor recreational amenities to open, provided that only members of the same household may use the amenity in close proximity and different households using the same amenity must be physically distanced; and Be it further resolved that a copy of this motion be forwarded to Premier Doug Ford, MPP Lindsey Park, MPP David Piccini, and the Municipal
Moved by Councillor Jones, seconded by Councillor Zwart
Carried
That the following resolution from Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax, regarding Removing 412/418 Tolls, be endorsed by the Municipality of Clarington: That Ajax Council acknowledges and thanks the Province of Ontario for freezing current toll rates as the tolling decision is reconsidered and requests that this freeze continue until a final decision is made; That Ajax Council urges the Minister of Transportation to immediately remove the tolls on Highways 412 and 418 to ensure equal access to north-south express connections in Durham Region; That Ajax Council thanks MPP French for her ongoing advocacy on this matter; and That this motion be distributed to Hon. Caroline Mulroney, Minister of Transportation; MPP Rod Phillips; MPP Jennifer French; Regional Chair John Henry; and all Durham Region municipalities.
Moved by Councillor Jones, seconded by Councillor Neal
Carried
That Report PWD-022-21 be received; That the installation of garbage cans at postal boxes (super mailboxes) not be supported; That, as necessary, Public Works Staff continue to respond to litter and illegal dumping complaints at super mailboxes; and That the current fines for depositing dog waste on Municipal property remain unchanged.
Moved by Mayor Foster, seconded by Councillor Neal
Carried
That Report CSD-002-21 be received; That Clarington Council, in recognition of the power that symbols can have on the psychology and well-being of community members, request that the Association of Municipalities of Ontario (AMO) petition the Provincial Government on behalf of Ontario municipalities to enact legislation that would enable municipalities to make enforceable decisions regarding symbols deemed unacceptable by the local community. Such consideration to also include a review of statutes where hate speech and symbols may be identified as illegal; That the Municipality of Clarington, as a member of the Federation of Canadian Municipalities (FCM), support the Town of Collingwood’s motion for FCM to advocate to the Federal Government in the development of legislation that would clarify and strengthen the definition of hate speech and symbols, including explicit recognition of the psychological harm that can be caused by hateful symbols, and work with all levels of government in addressing the root causes of hate speech; That this motion be forwarded to AMO and FCM as well as our local area Members of Parliament and Members of Provincial Parliament for their information; That the Diversity Advisory Committee, in partnership with staff, be directed to prepare an anti-racism policy that would apply to all staff, Members of Council, and all visitors to municipal-owned facilities and spaces. The Anti-Racism Policy would make clear the Municipality’s expectation of tolerance
Moved by Councillor Hooper, seconded by Councillor Anderson
Carried
That Report CSD-003-21 be received; That Council approve the proposed indoor recreation facility plan, as recommended in Report CSD-009-19, to be located at the South Bowmanville Community Park; That Council approve the total project budget of $50,000,000 to be funded, as recommended in Report FND-031-20 through debenture debt financing with the Region of Durham; That Council direct Staff to issue a Request for Proposal (RFP) for the architectural and engineering design for the new facility; That Staff report back to Council to present the final facility design for approval; That, following design approval, Staff issue a tender to prequalified general contractors for the construction of the new recreation facility; and That all interested parties listed in Report CSD-003-21 and any delegations be advised of Council’s decision.
Moved by Councillor Hooper, seconded by Councillor Anderson
Referred
That Item 14.2, regarding a Future Indoor Recreation Facility, be
Moved by Councillor Neal, seconded by Councillor Jones
Referred
That Report LGS-017-21 be received; That the By-law attached to Report LGS-017-21 as Attachment 5 to Report LGS-017-21, repealing and replacing Clarington’s Procedural By-law 2015-029, be approved; and That Staff be directed to prepare a report recommending the new meeting schedule to reflect the changes approved in the new Procedural By-law, effective September 1, 2021.
Moved by Councillor Neal, seconded by Mayor Foster
Referred
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That section 9.2.5 of the by-law (Delegation time Limits), and related sections, be amended by deleting the words "five (5)" and replacing with the words "ten (10)", so that delegations are permitted to speak for 10 minutes at Council and Committee meetings. Yes (7) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
In favour (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, Councillor Zwart
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 10.9.1 of the by-law (Speaking Once to a Matter), and related sections, be amended by replacing the word "once" with "twice", so that members are permitted to speak at Committee a second time without the approval of the Committee. Yes (3) Councillor Jones, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Traill
Lost
In favour (3): Councillor Jones, Councillor Neal, Councillor Traill · Opposed (4): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Zwart
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Sections 4.11.1 and 4.11.2 of the by-law (Length of Meetings), and related sections, be amended by deleting the words "the rules are suspended" and replacing with the words "otherwise determined by a vote of two-thirds of the Members present". Yes (3) Councillor Jones, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Traill
Lost
In favour (3): Councillor Jones, Councillor Neal, Councillor Traill · Opposed (4): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Zwart
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 4.11 of the by-law (Length of Meetings), and related sections, be amended by adding a section that ensures the remaining agenda items be placed on the next regular meeting of the same type in the event that the meeting adjourns in accordance with Sections 4.11.1 and 4.11.2. Yes (7) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Traill
Carried
In favour (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, Councillor Zwart
That the Committee recess for 5 minutes.
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 4.9.1 of the by-law (Closed Meetings), and related sections, be amended by deleting the words "in accordance with Sub-section 239 (2)(3) of the Municipal Act, 2001 " and replacing with the words "if the subject matter deals with any of the matters in sub-section 239 (2) or 239 (3) of the Municipal Act, 2001 ".
Moved by Councillor Neal, seconded by Councillor Anderson
Carried
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That the Procedural Motion definition, within Section 1 of the by-law (Definitions), and related sections, be amended by: adding the words "indefinitely" after the words "to table"; That the words "To defer" be added as item f); and That the remaining items be renumbered.
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 2.5.1 of the by-law (Agenda Restrictions), and related sections, be amended by adding the words "at the request of a member of the public" after the words "The Municipal Clerk shall refuse".
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That the by-law be amended by adding the following section: "Members of Staff shall speak at meetings when invited to by a Member of Council". Yes (3) Councillor Jones, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Traill
Lost
In favour (3): Councillor Jones, Councillor Neal, Councillor Traill · Opposed (4): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Zwart
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 5.2.3 of the by-law, and related sections, be amended by adding the word "report" before the words "minutes to Council for consideration at the next regular Meeting of Council".
Moved by Councillor Neal, seconded by Councillor Traill
Withdrawn
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 5.2.3 of the by-law (Reporting to Council), and related sections, be amended by deleting the word "minutes" and replacing with the word "report". Yes (3) Councillor Anderson, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Hooper, Councillor Jones, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Traill
Lost
In favour (3): Councillor Anderson, Councillor Neal, Councillor Traill · Opposed (4): Mayor Foster, Councillor Hooper, Councillor Jones, Councillor Zwart
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 8.1.9 of the by-law (Timing of Staff Reports), and related sections, be amended by adding a section that ensures all Staff reports be provided to Members of Council by the publication of the agenda. Yes (3) Councillor Jones, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Traill
Lost
In favour (3): Councillor Jones, Councillor Neal, Councillor Traill · Opposed (4): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Zwart
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That the by-law be amended by adding the following section: "That the items of New Business be placed on the respective part of the agenda".
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 9.3.6 of the by-law (No accompanying Staff report/communication) be deleted. Yes (3) Councillor Jones, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Moved by Councillor Neal, seconded by Councillor Traill
Lost
In favour (3): Councillor Jones, Councillor Neal, Councillor Traill · Opposed (4): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Zwart
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 10.12.9 of the by-law (Motions Introduced Orally), and related sections, be amended by adding "To defer" to the list of items.
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That the foregoing Resolution #GG-337-21 be amended by adding the following after paragraph 2: That Section 10.12.21 of the by-law (Motion to Table), and related sections, be amended by adding the words "or defer" after the words "A motion simply to table".
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That the foregoing Resolution #GG-337-21 be amended to “clarify the wording” by adding the following after paragraph 2: That subsection 10.12.27 of the by-law (Motion to Divide), and related sections be amended by: adding a new section after subsection 10.12.27(b): “The Chair calls the vote on the motion to divide, which is debatable.”; replacing subsection 10.12.27(d) with the following: “The matter of the divided item(s) are now being considered with the same mover and seconder as the original. The Chair calls the vote on the divided item(s).”; and That the subsections be renumbered accordingly.
Moved by Councillor Neal, seconded by Councillor Anderson
Carried
That Report LGS-017-21 and amendments be
Moved by Mayor Foster, seconded by Councillor Hooper
Referred
That the Rules of Procedure be suspended to extend the meeting for an additional 15 minutes until 4:45 p.m.
Moved by Mayor Foster, seconded by Councillor Hooper
Carried
That Report FSD-021-21 be received; and That a copy of this report be posted on the Municipality’s website.
Moved by Mayor Foster, seconded by Councillor Hooper
Carried
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.
Moved by Mayor Foster, seconded by Councillor Hooper
Carried
That Report FSD-023-21 be received; That the Municipality offer an in-take for the Community COVID-19 Support Program utilizing the guidelines and forms approved in 2020 specifically for hall boards and arena boards; That the funding for the hall board and arena board in-take be funded from the Tax Rate Stabilization Reserve Fund (utilizing the Safe Restart Funds) to a maximum of $60,000 with no limit per organization; That the Director of Financial Services, Director of Community Services and the Chief Administrative Officer be delegated authority to determine and approve the allocation of funds under the in-take; and That Staff report back to Committee in September 2021 on the recipients of the funding.
Moved by Councillor Traill, seconded by Councillor Anderson
Carried
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.
Moved by Mayor Foster, seconded by Councillor Anderson
Carried
That Report FSD-025-21 be received; That Coco Paving Inc. with a total bid amount of $522,002.14 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2021-11 be awarded the contract for the work required to complete the Nash Road Widening and Rehabilitation; That the total funds required for this project in the amount of $622,100.00 (Net HST rebate), which includes the construction cost of $522,002.14 (Net HST rebate) and other costs such as design, material testing, utility daylighting, inspection and contract administration, permit fees and contingencies in the amount of $100,097.86 (Net HST rebate) is within the approved project budget and will be funded by as follows: Description Account Number Amount Nash Road Rehabilitation and Widening 110-32-330-83458-7401- $450,000 Pavement Rehabilitation Program (2021 Budget) 110-36-330-83212-7401- 172,100 That all interested parties listed in Report FSD-025-21 and any delegations be advised of Council’s decision.
Moved by Mayor Foster, seconded by Councillor Hooper
Carried
That the Rules of Procedure be suspended to extend the meeting until 5:00 p.m.
Moved by Councillor Anderson, seconded by Councillor Hooper
Carried
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
Moved by Mayor Foster, seconded by Councillor Jones
Carried
In favour (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Traill, Councillor Zwart · Opposed (1): Councillor Neal
That the meeting adjourn at 4:54 p.m.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
That Report FSD-024-21 be received; General Government Committee Minutes May 10, 2021 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 401 110-32-330- $226,255 Environmental Assessment 83444-7401 That all interested parties listed in Report FSD-024-21 and any delegations be advised of Council’s decision.
Moved by Mayor Foster, seconded by Councillor Anderson
Carried

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