Regular Council Meeting

That the minutes of a regular meeting of Council dated September 20, 2021, be approved; and That the minutes of a special meeting of Council dates September 27, 2021, be approved.

That Advisory Committee Report Items 9.1.1 to 9.1.5 be approved.

That the minutes of the Audit and Accountability Committee dated September 28, 2021, be approved on consent with the exception of Item 9, which is to be

That the Minutes of the Joint General Government and Planning and Development Committees meeting dated September 27, 2021, be approved on consent, with the exception of Items 8.5.4, 8.3.4, 8.4.1, 8.5.1 and 8.5.3.

That Item 8.5.4, Quarterly Update of Local Municipal News, be

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-310-21 for a second time.

That Staff be directed to write and produce a one page quarterly update of local Municipal news containing Council decisions and major news stories from the Municipality, tentatively named “What's up in Clarington”; That the quarterly update be distributed using Canada Post mail-drop to all residents in Clarington; and That a maximum cost be capped at $60,000 annually, with the acknowledgement that this may mean that it be only three times a year instead of four times a year, and be funded from the Tax Rate Stabilization Fund. Yes (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3) Councillor Jones, Councillor Neal, and Councillor Traill

That the matter of the Anaerobic Digestor Environmental Assessment be

That Report FSD-040-21 and any related communication items, be received; That Staff prepare a draft budget with a target municipal increase of 3.95 per cent; That Staff include within the draft budget requests for funding from external agencies up to a maximum of 3.30 per cent; That the 2022 budget schedule, as outlined within Report FSD-040-21, be approved; That all interested parties listed in Report FSD-040-21 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

That Report CAO-005-21 be received; That a CAO Selection Committee be established to recommend to Council a short list of candidates to interview for the CAO’s position; That the CAO Selection Committee consist of the Mayor, an executive with senior leadership experience in public sector organizations and a Member of Council; That Councillor Neal be appointed to the CAO Selection Committee in accordance with the Appointment Policy; That Staff report back to Council with a recommendation for an award of contract to an executive recruiting firm.

That Report CAO-005-21 be received; That Staff be directed to negotiate and enter into a single source contract with Western Management Consultants, to provide services of a recruitment firm for the CAO’s position, with an upset limit of $40,000; That a CAO Selection Committee be established to work with the recruitment firm to recommend to Council a short list of candidates to interview for the CAO’s position; That the CAO Selection Committee consist of the Mayor, an executive with senior leadership experience in public sector organizations, and a Member of Council; and That Councillor Neal be appointed to the CAO Selection Committee.

That Report CAO-009-21 be received; That Council endorses, in principle, the recommendations contained in the Centralized Customer Service Review prepared by CSPN dated September 21, 2021 (Attachment 1 to Report CAO-009-21); That Staff be directed to review the recommendations contained in the CSPN Report and prepare an implementation plan to create a centralized customer service model; That any net-new costs associated with the implementation plan shall require prior approval from Council; and That Staff be directed to respond in support of the letter from the Region of Durham dated August 11, 2021 (Attachment 2 to Report CAO-009-21) to allow 311 calls made within Municipal boundaries to be routed to the Region, in an effort to address gaps in geographic exchange boundaries. Yes (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3) Councillor Jones, Councillor Neal, and Councillor Traill

That the Council recess for 10 minutes.

That the Minutes of the Planning and Development Committees meeting dated October 4, 2021, be approved on consent, with the exception of Items 11.1.2, 13.1 and 9.1.

That Items 13.1 and 11.1.2 be

That Report PDS-045-21, and any communications, be received; and That all interested parties listed in Report PDS-045-21 and any delegations be advised of Council’s decision.

That Report CSD-007-21 and any related communication items, be received; That Council direct staff to work with volunteer operated arena and community hall boards to resource the proof of vaccination process for their buildings, as required by recent amendments to the Reopening Ontario Act, 2020 (ROA); That the Director of Financial Services provide funding for proof of vaccination process, utilizing the COVID-19 Recovery Funds and/or Safe Restart Funds received from the Province and Government of Canada subject to availability and eligibility; That this arrangement remain in place until March 31, 2022, or earlier, if future amendments to the ROA eliminate the need for the current proof of vaccination process; That staff report back to Council in Spring 2022 providing a report on the costs incurred by the Municipality to provide financial support to these boards; and That all interested parties listed in Report CSD-007-21 and any delegations be advised of Council’s decision.

That Report LGS-026-21, and any related communication items, be received; That the Health Benefit Program be renewed with Sun Life, to November 1, 2022 at an overall net increase of 1.4% and that the Stop Loss and Out of Country Pooling level be increased from $15,000 to $20,000 effective January 1, 2022; and That the Library be advised of the renewal program, and that they continue to be invoiced for their portion of the benefit program as applicable.

Whereas on May 20, 2020 By-law 2020-012 became final and binding for lands owned by Delpark Homes Ltd., at 1539 Prestonvale Road; and Whereas Delpark Homes Ltd. wishes to submit five Minor Variance applications to facilitate development on lots for single-detached and townhouse dwellings within an approved Plan of Subdivision (S-C-2018-0005); and Whereas subsections 45(1.2), 45(1.3) and 45(1.4) of the Planning Act prohibit Delpark Homes Ltd. from requesting a minor variance to Zoning By-law 84-63, as amended, before the second anniversary of the first day that the site-specific amendments came into effect, unless Council has declared by resolution that such a request is permitted; and Whereas Council wishes to permit Delpark Homes Ltd. to make Minor Variance applications respecting their property; Now therefore be it resolved: That Council hereby permits Delpark Homes Ltd. to file Minor Variance applications for lands associated with By-law 2020-012 on Lots 1, 21, 39, 40, and Block 68, Plan 40M-xxxx; and, That, by granting permission to Delpark Homes Ltd. to make Minor Variance applications for the lands associated with By-law 2020-012, Council is in no way expressing any opinion regarding the planning merits of the subject applications.

That the Memo from Ryan Windle, Director of Planning and Development Services regarding Requirements to Request a Full Environmental Assessment for the Mixed Waste Transfer/Pre-Sort and Anaerobic Digestion Organics Processing Facility, be

That the Memo from Trevor Pinn, Director of Financial Services/Treasurer regarding Questions Arising at Audit and Accountability Committee from Financial Update at June 30, 2021, be received for information.

That the request for Noise By-law Exemption, Communication Item 7.2, from Michael Harris, P. Eng., Project Engineer, Region of Durham, for October 14, 2021 to November 5, 2021, be approved. .

That the foregoing Resolution #C-327-21 be amended by adding the following at the end: "That, as a condition of granting the noise exemption, the affected Clarington residents within a 500m radius of the work be provided with option of being provided overnight hotel stays, at the Region of Durham’s expense, when work is taking place between 10:00 pm and 7:00 am."

That Report FSD-044-21 be received; That GWS Landscaping Inc. having met all terms, conditions and specifications of CL2021-24 be awarded the contract for an initial three-year term for Snow Clearing Services for Municipal Facilities, Parking Lots, Sidewalks/Walkways, Crosswalks, Laneways, Trails/Pathways and Boulevard Snow Removal, throughout Courtice, Bowmanville, Newcastle & District Rural Areas; That Staff be directed to work with the boards of the following Municipal facilities to cover the cost of snow clearing for the 2021-2022 winter season with funds to come from COVID Recovery Fund: Bowmanville Memorial Park Brownsdale Community Centre Hampton Hall Haydon Community Centre Kendal Community Centre Newcastle Memorial Arena Newcastle Town Hall Newtonville Hall Orono Town Hall Orono Arena & Community Centre Solina Hall Tyrone Hall Visual Arts Centre That the funds required for the first-year term in the amount of $1,184,654.06 + $78,000 (for above municipal facilities for the 2021-2022 winter season only) for a three year period (Net HST Rebate) be drawn from the respective operating budgets; That the Purchasing Manager, in consultation with the Director of Public Works, be authorized to extend the contract for up to two additional one-year terms pending satisfactory service, available funds, and subject to yearly rate increase based on the Consumer Price Index, All Items, Ontario, most recent issue; and That all interested parties listed in Report FSD-044-21 and any del

That the Council recess for five minutes.

That the Rules of Procedure be suspended to extend the meeting to 11:15 pm.

That the foregoing Resolution #C-330-21 be amended with the following changes: "That the words " or provide snow clearing services" be added after the word "clearing" in the second paragraph; That the following facilities be added to the list: Bowmanville Older Adult Association Sara Jane Williams Waverly Place; and That, in the fourth paragraph, "$78,000" be replaced with "$103,000" and the word “estimated" be inserted in front of the words "for above municipal facilities for the 2021-2022 winter season only". .

That the matter of the costs of snow clearing for municipal facilities managed by volunteer boards be divided.

That Staff be directed to work with the boards of the following Municipal facilities to cover the cost of snow clearing or provide snow clearing services for the 2021-2022 winter season with funds to come from the Province of Ontario COVID Recovery Funds: Bowmanville Memorial Park Bowmanville Older Adult Association Brownsdale Community Centre Hampton Hall Haydon Community Centre Kendal Community Centre Newcastle Memorial Arena Newcastle Town Hall Newtonville Hall Orono Town Hall Orono Arena & Community Centre Sara Jane Williams Solina Hall Tyrone Hall Visual Arts Centre Waverly Place; and That $103,000 (estimated for above municipal facilities for the 2021-2022 winter season only) be approved. Yes (5) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2) Councillor Jones, and Councillor Neal

That Report FSD-036-21 be received; That the updated purchasing By-law be approved, with thresholds that are the mid-point between the current level and the Staff recommended level, moving the purchasing threshold to $375,000 and the consulting services to $40,000; and That all interested parties listed in Report FSD-036-21 and any delegations be advised of Council’s decision.

That Report FSD-036-21 be received; That the updated purchasing by-law be approved, as recommended by Staff, with the $500,000 and $50,000 thresholds in place; and That all interested parties listed in Report FSD-036-21 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

That, in accordance with Section 239 (2) of the Municipal Act, 2001 , as amended, the meeting be closed for the purpose of discussing two matters that deal with the following: a proposed or pending acquisition or disposition of land by the municipality or local board; a matter that deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and a position, plan, procedure, criteria or instruction to be applied to any negotiations

That the Confidential Memo from Rob Maciver, Director of Legislative Services/Municipal Solicitor regarding Anaerobic Digester – Host Community Agreement Dispute, be received for information.

That Report PDS-044-21 and PDS-051-21 Jury Lands (Camp 30) and Recommended Amendment No 121 to the Clarington Official Plan, be

That leave be granted to introduce By-laws 2021-072 to 2021-077; and That the said by-laws be approved.

That Staff, in consultation with the Diversity Advisory Committee, investigate and report back on the costs and benefits of membership in the Coalition of Inclusive Municipalities.

That the Rules of Procedure be suspended to extend the meeting for an additional five minutes until 11:45 pm.

That Staff be requested to prepare a report on a toolbox to address traffic issues, based on Mr. Brake’s report he had previously prepared for the City of Pickering.

That leave be granted to introduce By-law 2021-078, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 18th day of October, 2021; and That the said by-law be approved.

That the meeting adjourn at 11:45 pm.

That Report FSD-040-21 and any related communication items, be received; That Staff prepare a draft budget with a target municipal increase of 3.95 per cent; That Staff include within the draft budget requests for funding from external agencies up to a maximum of 3.30 per cent; October 18, 2021 Council Minutes That the 2022 budget schedule, as outlined within Report FSD-040-21, be approved; That all interested parties listed in Report FSD-040-21 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

That Report CSD-007-21, and any related communication items, be received; That Staff be directed to work with volunteer operated arena and community hall boards to resource the proof of vaccination process for their buildings, as required by recent amendments to the Reopening Ontario Act, 2020 (ROA); That the Director of Financial Services provide funding for proof of vaccination process, utilizing the COVID-19 Recovery Funds and/or Safe Restart Funds received from the Province and Government of Canada subject to availability and eligibility; That this arrangement remain in place until March 31, 2022, or earlier, if future amendments to the ROA eliminate the need for the current proof of vaccination process; October 18, 2021 Council Minutes That staff report back to Council, in Spring 2022, providing a report on the costs incurred by the Municipality to provide financial support to these boards; and That all interested parties listed in Report CSD-007-21 and any delegations be advised of Council’s decision.

That Report FSD-044-21 be received; October 18, 2021 Council Minutes That GWS Landscaping Inc. having met all terms, conditions and specifications of CL2021-24 be awarded the contract for an initial three-year term for Snow Clearing Services for Municipal Facilities, Parking Lots, Sidewalks/Walkways, Crosswalks, Laneways, Trails/Pathways and Boulevard Snow Removal, throughout Courtice, Bowmanville, Newcastle & District Rural Areas; That the funds required for the first-year term in the amount of $1,184,654.06, for a three year period (Net HST Rebate) be drawn from the respective operating budgets; That the Purchasing Manager, in consultation with the Director of Public Works, be authorized to extend the contract for up to two additional one-year terms pending satisfactory service, available funds, and subject to yearly rate increase based on the Consumer Price Index, All Items, Ontario, most recent issue; and That all interested parties listed in Report FSD-044-21 and any delegations be advised of Council’s decision.

That Staff be directed to work with the boards of the following Municipal facilities to cover the cost of snow clearing or provide snow clearing services for the 2021-2022 winter season with funds to come from the Province of Ontario COVID Recovery Funds:  Bowmanville Memorial Park  Bowmanville Older Adult Association  Brownsdale Community Centre  Hampton Hall  Haydon Community Centre  Kendal Community Centre  Newcastle Memorial Arena  Newcastle Town Hall  Newtonville Hall  Orono Town Hall  Orono Arena & Community Centre  Sara Jane Williams  Solina Hall  Tyrone Hall  Visual Arts Centre  Waverly Place; and October 18, 2021 Council Minutes That $103,000 (estimated for above municipal facilities for the 2021-2022 winter season only) be approved. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal

That Report PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No 121 to the Clarington Official Plan, be

That the Rules of Procedure be suspended to extend the meeting for an additional five minutes until 11:45 pm. The foregoing Resolution #C-342-21 was then put to a vote and