Regular Council Meeting

That the Agenda be altered to consider Item 7.1, regarding 2020 Awards of Excellence, at this time.

That the minutes of the regular meeting of the Council held on June 15, 2020 be approved; and That the minutes of the special meeting of the Council held on June 22, 2020 be approved.

That the Council recess for 15 minutes.

That the Rules of Procedure be suspended to add Jim Grimley and Mike Campbell as delegations.

That the Agenda be altered to consider Item 14.1, Addendum to Report PSD-015-20 - Bowmanville Neighbourhood Character Study, at this time.

That the Rules of Procedure be suspended to extend the delegation for an additional 2 minutes.

That Correspondence Items 10.1, 10.4, and 10.8, be approved as per the agenda.

That Staff proceed to issue an RFP for the design/build of the Newcastle Skateboard Park utilizing a weighted scoring method. Yes (7) Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, Councillor Zwart, and Mayor Foster

That Communication Item 10.3 from Dave Wilkes, President and CEO, BILD, Joe Vaccaro, CEO, OHBA, and Kevin Lee, CEO, CHBA, regarding CHBA Construction to Kick Start Ontario's Economy: CHBA, OHBA, and BILD - Submission on Jobs & Recovery, be endorsed by the Municipality of Clarington.

That Communication Item 10.3, be

That the following resolution from Susan Cassel, City Clerk, City of Pickering, regarding Official Opposition Statement on Municipal Financial Support, be endorsed by the Municipality of Clarington: That Council endorse the NDP motion calling on the provincial government to work with the federal government to address the systemic financial challenges facing municipalities that have been exacerbated by COVID-19, and to implement the recommendations brought forward by the Federation of Canadian Municipalities and the Association of Municipalities of Ontario; and That Council’s endorsement be forwarded to the Premier of Ontario, Durham MP’s and MPPs, AMO, FCM and Durham Region municipalities.

That the following resolution from Jennifer Astrologo, Director of Corporate Services/Clerk, Corporate Services Department, Town of Kingsville, regarding Request that the Rent Assistance Program Includes all Businesses in a Lease Agreement within all "Residential-Above-Commercial" Properties without a Cap on Commercial/Residential Ratio, be endorsed by the Municipality of Clarington: Whereas the COVID-19 Pandemic has greatly impacted the business community in the Town of Kingsville; Whereas the Province of Ontario has provided financial assistance including a multi-level Rent Assistance program to the business community impacted by the COVID-19 Pandemic; Whereas the Rent Assistance program offered by the Province of Ontario established an arbitrary cap on multi-use properties where it is common for “residential-above-commercial” developments, especially in downtown and Main Street corridors; Whereas Kingsville, particularly in our downtown business centres, has several properties with residential-above-commercial where the ratio of commercial storefront businesses represents less than 30 per cent of the entire building, thus leaving a gap where local business owners cannot qualify for rent relief with their willing landlords; and Whereas the Town of Kingsville’s newly adopted Business Retention and Expansion Project Report identified that Kingsville businesses would benefit from the Province expanding the Rent Assistance program to include all commercial lease properties rega

That Advisory Committee Report Items 11.1.1 to 11.1.4, be approved.

That the recommendations contained in the General Government Committee Report of June 22, 2020 be approved on consent, with the exception of items 33, 1f, 1m, 13, 23, 39.

That Grant Application #20-32, from the Clarington Ravens, be received for information. Yes (3) Councillor Jones, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-321-20 for a second time.

That the Grant Application #20-32, from the Clarington Ravens, be approved in the amount of $2,500.00.

That the Grant Application #20-32, from the Clarington Ravens, be approved in the amount of $1,000.00. Yes (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3) Councillor Jones, Councillor Neal, and Councillor Traill

That the Grant Application #20-19, from Autism Home Base Durham, be approved in the amount of $3000.00.

That the memo from Ron Albright, Acting Director, Engineering Services, regarding Flooding on Nash Road, be received for information.

That Report CAO-016-20, Strategic Plan Update, be received for information.

That Report OPD-006-20, Operations Needs Assessment, be received for information.

That Report OPD-006-20 be

That Report FND-025-20 be received; That, under the single source provision of the Municipality’s Purchasing By-Law and based on the proposal received, Council grant the Purchasing Manager the authority to negotiate an agreement with Grant Thornton for the development of Key Performance Indicators (KPIs) and Management by Objectives (MBOs) for the Municipality; That the Purchasing Manager be authorized to execute the necessary agreement with Grant Thornton for the services, outlined in Recommendation 2, in a form acceptable to the Municipal Solicitor; That funds required for the services be funded from the Continuous Improvement Reserve Fund; and That all interested parties listed in Report FND-025-20 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

That the Council recess for 10 minutes.

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-331-20 for a second time.

That the recommendations contained in the Special Planning and Development Committee Report of June, 23, 2020 be approved on consent.

That the recommendations contained in the Planning and Development Committee Report of June, 29, 2020 be approved on consent, with the exception of Item 1a.

That legal action be initiated to enforce the 2016 agreement which required the transfer of $500,000 to Clarington which was to be utilized to preserve the buildings at Camp 30, and the transfer of the land for Camp 30. Yes (3) Councillor Jones, Councillor Neal, and Councillor Traill No (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart

That, in accordance with Section 239 (2) of the Municipal Act, 2001 , as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

That the Rules of Procedure be suspended to extend the meeting for an hour until 12:00 AM.

That Confidential Report LGL-005-20, be received for information. Yes (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3) Councillor Jones, Councillor Neal, and Councillor Traill

That the foregoing Resolution #C-338-20 be amended by adding the following at the end: That the Solicitor be directed to share, by way of a confidential memorandum, a description of the path forward on this matter. Yes (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3) Councillor Jones, Councillor Neal, and Councillor Traill

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-338-20 for a second time.

That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees.

That Report FND-026-20, Appointment of Municipal Officer, be considered in Closed Session later in the meeting immediately before Item 15.

That Confidential Report FND-026-20 be received; That Council pass the attached draft by-law (Attachment 1), repealing By-law 2019-018; and That Michelle Pick, Manager of Accounting Services be appointed as a Deputy Teasurer and as the alternate Clarington member on the Durham Municipal Insurance Pool.

That Confidential Report LGL-006-20, be received for information.

That Item 12.2, regarding Anaerobic Digestion Facility Dispute Resolution Process - Update #1, be

That Report PSD-027-20 be received; That the application submitted by Lanarose Homes Ltd. to remove the Holding (H) symbol be conditionally approved as contained in Attachment 1 to Report PSD-027-20; That the Mayor and the Municipal Clerk be authorized to enact the By-law included as Attachment 1 of Report PSD-027-20 upon receipt by the Municipality of an executed Site Plan Agreement and the appropriate securities; That Council’s decision and a copy of Report PSD-027-20 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD-027-20 and any delegations be advised of Council's decision.

That Report PSD-015-20 be received; That Addendum Report PSD-015-20 be received; That the Official Plan Amendment contained in Attachment 1 of Report PSD-015-20 be approved; That the revised Zoning By-law Amendment that also repeals Interim Control By-law 2018-083 contained in Attachment 2b of Addendum Report PSD-015-20 be approved; That in accordance with Section 45(1.4) of the Planning Act , Council permit minor variance applications to be submitted for the lands subject to the Zoning By-law Amendment contained in Addendum Report PSD-015-20, provided the application is accompanied by a character analysis as determined by the Director of Planning; That the Durham Regional Planning and Economic Development Department, the Ministry of Municipal Affairs and Housing and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-015-20, Addendum Report PSD-015-20 and Council’s decision; and That all interested parties listed in Addendum Report PSD-015-20 and any delegations be advised of Council’s decision.

That Report EGD-011-20 and Addendum to Report EGD-011-20 be received; That Part 1 on Plan 40R-30883 be declared surplus, closed and conveyed to Tornat Newcastle Limited for the appraised value; That Parts 2, 3, 4, 6, 10 and 12 on Plan 40R-30883 be declared surplus, closed and conveyed to Lindvest Property (Clarington South) Limited for the appraised value; That paragraph 3 be conditional on the gratuitous dedication of Part 11 on Plan 40R-30883 to the Municipality; That paragraphs 2 and 3 be conditional on payment by the applicants of all applicable costs and fees for the preparation and registration of the transfers, including HST; That the Mayor and the Municipal Clerk be authorized to enact the by-law included as Attachment 2 to Addendum to Report EGD-011-20 upon confirmation to the Municipality that the electrical power lines situated within the Given Road allowance have been successfully relocated to the satisfaction of Elexicon Energy Inc.; and That all interested parties listed in Addendum to Report EGD-011-20 and any delegations be advised of Council’s decision.

That the Correspondence from Darrin Canniff, Mayor/CEO, Municipality of Chatham-Kent, Regarding Support of Government's Commission on Long-Term Care, be endorsed by the Municipality of Clarington.

That the Rules of Procedure be suspended to extend the meeting until 12:30 AM.

That the Memo from Ron Albright, Acting Director of Engineering, regarding Darlington Boulevard - Courtice - Potential Traffic Calming Measures, be received; That Speed Limit on Darlington Blvd. in Courtice be decreased to 40 km/hr immediately; That, temporary traffic calming approaches of centreline flexible bollards and shoulder treatments as recommended by the Engineering Department, be put into place as soon as possible; and That the necessary amending By-law, to the Traffic By-law, to implement the speed reduction, be approved.

That the Rules of Procedure be suspended to extend the meeting until 1:15 a.m.

That the Agenda be altered to consider New Business, at this time.

That leave be granted to introduce By-laws 2020-043 to 2020-049 and 2020-052 to 2020-055; and That the said by-laws be approved.

That leave be granted to introduce By-laws 2020-050 and 2020-051; and That the said by-laws be approved.

That the Rules of Procedure be suspended to allow New Business items to be added to the Agenda.

Whereas the Region of Durham has been systematically repaving regional roads for the last few years; Whereas they have been painting lines on the road surface to mark the centre line and to delineate a narrow bike lane on the shoulder side; Whereas the pavement being used is too thin to withstand the heavier weight of large vehicles, including farm machinery, and they usually take the whole width from the centre of the road to the shoulder; Whereas the edges of the pavement on recently repaved regional roads are crumbling and breaking away thereby effectively removing the small narrow bike lane; Whereas this crumbling edge makes it difficult to grade any shoulder that may be there causing them to become eroded and too rough to travel on; Whereas the crumbling roadway shoulders are forcing cyclists to ride on the main portion of the road causing automobiles and farm equipment to cross over the centre line to avoid the cyclists thereby creating a hazardous situation especially if oncoming traffic is heavy; and Whereas the best examples of the above situation are the Newtonville Rd and Durham 42; Now Therefore Be It Resolved: That, the Municipality of Clarington Staff be directed to bring this dangerous situation to the attention of the Region of Durham Works Department to upgrade the quality of any future paving projects and repair any deterioration of current roads to allow for the safe transit of cyclists and motorists and operation of large vehicles and farm equipment as the

That staff prepare and place pictorial signage at both East Beach and West Beach advising of the By-laws applicable (namely beach access to resident only, no fires, no dogs, no using the washroom on the beach; no littering, etc.); That Clarington implement a registration system for residents to purchase a $5.00 season-long pass to access Clarington beaches (Newcastle, Bowmanville and Courtice) and for the registration system to be administered by the Community Services Department ; That to qualify for a beach access pass, the registrant must prove residency with a valid Driver's License or lease agreement; That an additional By-law Officer be hired on a Temporary/Contractual basis to assist with enforcement of the beach user registration system at all four public beach locations (largely evenings and weekends until the end of September); That Staff explore accessing COVID-19 relief funds to offset the additional By-law hire on a Temporary/Contractual basis to assist with enforcement of the beach user registration system; and That signage be prepared and placed at the Liberty St/401 exits, Bowmanville Boulevard and 401 exits, the Bennett Road exits, at both ends of Lake Road, at the Courtice Road 401 exits, and at Courtice Shore Road and any other locations as deemed appropriate by Staff, advising that the beaches are closed to non-residents.

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-356-20 for a second time.

That the Rules of Procedure be suspended to extend the meeting for an additional 15 minutes.

That the Council recess for 5 minutes.

That the Council recess until Tuesday July 7, 2020 at 3:00 PM.

That Staff be directed to proceed with implementing the necessary safety measures in an attempt to keep Clarington beaches open to the public; That any associated signage, including pictograms be installed; and That the Port Darlington Community Association be advised of Council's decision.

That, in accordance with Section 239 (2) of the Municipal Act, 2001 , as amended, the meeting be closed for the purpose of discussing: a matter that deals with personal matters about an identifiable individual, including municipal or local board employees; and a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose

That leave be granted to introduce By-law 2020-056, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 6-7th day of July, 2020; and That the said by-law be approved.

That the meeting adjourn at 5:02 p.m.

That Staff proceed to issue an RFP for the design/build of the Newcastle Skateboard Park utilizing a weighted scoring method. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-330-20 for a second time.

That the foregoing Resolution #C-338-20 be amended by adding the following at the end: That the Solicitor be directed to share, by way of a confidential memorandum, a description of the path forward on this matter. July 6-7, 2020 Council Minutes Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill

Whereas Wilmot Creek residents presented Clarington Council with a petition containing over nine hundred signatures asking for Clarington to follow the lead of Markham, Cobourg and Nepean in banning the train horn at two level crossings located in the vicinity of Wilmot Creek Adult Lifestyle Community; Whereas Clarington residents deserve affordable and healthy living space; Whereas Wilmot Creek residents have cited the blaring of the train horn during the day and night as being intrusive and negatively affecting their quality of life and health; Whereas there are currently thousands of miles of noise barriers along Highway 401 because the Province recognizes the importance of noise attenuation; and Whereas Clarington Council gave direction to Staff at the Special General Government Committee meeting on February 19, 2019 to move forward with the request to seek the elimination of the train whistles at the Cobbledick Road (CN Mileage 287.26) and Bennett Road (CN Mileage 289.08) grade level crossings; Now Therefore Be It Resolved: That Staff apply immediately to the Rail Safety Improvement Program – Infrastructure, Technology and Research (RSIP-ITR) for funding through Transport Canada to cover the cost of the level crossing improvements referenced in Report EGD-013-20 for the Bennett Road and Cobbledick Road level crossings in advance of the August 1, 2020 deadline; That Staff report back to Committee at the September 14, 2020 Joint General Government and Planning and Developm

That staff prepare and place pictorial signage at both East Beach and West Beach advising of the By-laws applicable (namely beach access to resident only, no fires, no dogs, no using the washroom on the beach; no littering, etc.); July 6-7, 2020 Council Minutes That Clarington implement a registration system for residents to purchase a $5.00 season-long pass to access Clarington beaches (Newcastle, Bowmanville and Courtice) and for the registration system to be administered by the Community Services Department; That to qualify for a beach access pass, the registrant must prove residency with a valid Driver's License or lease agreement; That an additional By-law Officer be hired on a Temporary/Contractual basis to assist with enforcement of the beach user registration system at all four public beach locations (largely evenings and weekends until the end of September); That Staff explore accessing COVID-19 relief funds to offset the additional By- law hire on a Temporary/Contractual basis to assist with enforcement of the beach user registration system; and That signage be prepared and placed at the Liberty St/401 exits, Bowmanville Boulevard and 401 exits, the Bennett Road exits, at both ends of Lake Road, at the Courtice Road 401 exits, and at Courtice Shore Road and any other locations as deemed appropriate by Staff, advising that the beaches are closed to non- residents.

That Confidential Report FND-026-20 be received; That Council pass the attached draft by-law (Attachment 1), repealing By-law 2019-018; and That Michelle Pick, Manager of Accounting Services, be appointed as Deputy Teasurer and as the alternate Clarington member on the Durham Municipal Insurance Pool.