The Clarington Record

Regular Council Meeting

May 25, 2020

Who was there

Present (4): Granville Anderson, A. Foster, Corinna Traill, Margaret Zwart

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 (45 motions)

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

That the Rules of Procedure be suspended to give notice of a Procedural Notice of Motion regarding the matter of Report PSD-041-19 Community Vision for Jury Lands, Urban Design Master Plan + Design Guidelines for Former Ontario Boys Training School and WWII Prison of War Camp 30 – Amendment No 121 to the Clarington Official Plan, be lifted from the table to be considered at the June 15, 2020 Council meeting.
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
That the minutes of the regular meeting of the Council held on May 4, 2020, be approved.
Moved by Councillor Traill, seconded by Councillor Neal
Carried
That Correspondence Item 9.1 from Peter Maniatakis, ADR Chambers Ombuds Office, regarding MUN-431-0419 - Complaint against the Municipality of Clarington, be received for information.
Moved by Councillor Neal, seconded by Councillor Anderson
Carried
That Correspondence Items 10.1 to 10.3 and 10.9 to 10.11 be approved on consent, with the exceptions of Item 10.3, 10.10 and 10.11.
Moved by Councillor Anderson, seconded by Councillor Zwart
Carried
That Correspondence Item 10.3, Memo from Carlo Pellarin, Manager of Development Review, regarding Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, be
Moved by Councillor Zwart, seconded by Councillor Anderson
Referred
That the Correspondence from Becky Jamieson, Municipal Clerk, Township of Brock, regarding Grant Support for Municipalities, be endorsed by the Municipality of Clarington.
Moved by Councillor Zwart, seconded by Councillor Anderson
Carried
That Correspondence Item 10.5 from Dan Carter, Mayor, City of Oshawa, regarding a Request to the Provincial Government for Financial Assistance to Municipalities as a Result of COVID-19, be endorsed by the Municipality of Clarington.
Moved by Councillor Anderson, seconded by Councillor Zwart
Carried
That Correspondence Item 10.6 from Dan Carter, Mayor, City of Oshawa, regarding a Request to the Federal Government for Financial Assistance to Municipalities as a Result of COVID-19, be endorsed by the Municipality of Clarington.
Moved by Councillor Anderson, seconded by Councillor Zwart
Carried
That Correspondence Item 10.7 from Mayor Rob Burton, Oakville Economic Task Force, regarding Rent Relief Advocacy Letter to Minister Morneau, be endorsed by the Municipality of Clarington.
Moved by Councillor Neal, seconded by Councillor Hooper
Carried
That Correspondence Item 10.8 from Mayor Rob Burton, Oakville Economic Task Force, regarding Rent Relief Advocacy Letter to Minister Phillips, be endorsed by the Municipality of Clarington.
Moved by Councillor Anderson, seconded by Councillor Jones
Carried
That Correspondence 10.10, Memo from Carlo Pellarin, Manager of Development Review, regarding Report PSD-015-020 – Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville, be
Moved by Councillor Zwart, seconded by Councillor Anderson
Referred
That Correspondence Item 10.11 from Patricia and Andrew Rice and Don McGregor regarding Report PSD-015-020 – Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville, be
Moved by Councillor Zwart, seconded by Councillor Anderson
Referred
That the minutes of the Agricultural Advisory Committee dated April 9, 2020, be approved.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved on consent, with the exception of Item 11.1.2.
Moved by Councillor Jones, seconded by Councillor Hooper
Carried
That the recommendations contained in the General Government Committee Report of May 11, 2020, be approved on consent, with the exception of items 3, 7, 9 and 11.
Moved by Councillor Zwart, seconded by Councillor Neal
Carried
Whereas the COVID-19 pandemic has upended traditional means of business and put unprecedented strain on our broadband networks, as well as shed light onto both the gaps in coverage and areas plagued by unreliability; And whereas COVID-19 and other factors have driven a rise in work from home arrangements, a trend likely to continue into the future; And whereas quick and coordinated investment to build up our network is critically important to the health and viability of our community as well as our ability to be economically competitive; And whereas Clarington has worked closely with both large and small scale Internet Service Providers to provide coverage to our residents, but full-scale reliable connectivity is not happening as quickly as it should; And whereas more resources from all levels of government must be provided, especially to make small rural build outs economically viable. Now therefore be it resolved: That broadband must be treated as critical infrastructure in support of our new economy, as Clarington works towards its goal of 100% reliable connectivity; That the Federal, Provincial and Regional governments be requested to coordinate their efforts and increase the funds available to drive this important initiative ahead; and 3. That Erin O’Toole (MP Durham), Philip Lawrence (MP Northumberland-Peterborough South), Lindsey Park (MPP Durham), David Piccini (MPP Northumberland-Peterborough South) and the Region of Durham be notified of Council’s decision.
Moved by Councillor Hooper, seconded by Councillor Zwart
Carried
That the Grant Application #20-01, from Newtonville Community Hall, be
Moved by Councillor Zwart, seconded by Councillor Neal
Referred
That Report COD-017-20 be received; That Real Landscaping Plus. Inc. with a total bid amount of $359,957.77 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-4 be awarded the contract for Roadside Protection – Liberty Street as required by the Engineering Services Department; That total funds required for this project in the amount of $406,000.00 (Net HST Rebate), which includes the construction cost of $359,957.77(Net HST Rebate) and other costs including material testing, permits fees and contingencies in the amount of $46,042.23 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts; and Description Account Number Amount Pavement Rehabilitation Program (2019) 110-32-330-83212-7401 $332,000 Roadside Protection Program (2019) 110-32-330-83338-7401 74,000 That all interested parties listed in Report COD-017-20 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
Moved by Councillor Zwart, seconded by Councillor Anderson
Carried
In favour (4): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Zwart · Opposed (3): Councillor Jones, Councillor Neal, Councillor Traill
That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-233-20 for a second time.
Moved by Councillor Neal, seconded by Councillor Anderson
Carried
That Report PSD-012-20 be received; That, in accordance with the Purchasing By-law, the lower of the bids from the qualified consultants will be awarded the consulting contract, to the maximum of the $30,000 budget for the completion of the Cedar Crest Beach Erosion/Property Loss Study; That Staff report back to Council with the results of the study, once completed; and That all interested parties listed in Report PSD-012-20, including all landowners in the Port Darlington (west shore) reach 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
Moved by Councillor Traill, seconded by Councillor Zwart
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 Council to speak to the foregoing Resolution #C-235-20 for a second time.
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
That the recommendations contained in the Planning and Development Committee Report of May 19, 2020 be approved on consent, with the exception of item 1.
Moved by Councillor Neal, seconded by Councillor Hooper
Carried
That Report PSD-015-20 - Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study, be
Moved by Councillor Hooper, seconded by Councillor Zwart
Referred
That the foregoing Resolution #C-238-20 be amended by replaced "September 21, 2020" with "July 6, 2020".
Moved by Councillor Hooper, seconded by Councillor Anderson
Carried
That Report CAO-015-20 be received for information.
Moved by Councillor Hooper, seconded by Councillor Anderson
Referred
That Report CAO-015-20 be
Moved by Councillor Anderson, seconded by Councillor Hooper
Referred
That the Council recess for 15 minutes.
Moved by Councillor Zwart, seconded by Councillor Jones
Carried
That Resolution #GG-093-20 - Hall Board Grant Requests, be
Moved by Councillor Zwart, seconded by Councillor Traill
Referred
That Resolution #GG-113-20 regarding EGD-006-20, regarding Cedar Crest Beach Rd and West Beach Rd Berm Review and Estimates, be lifted from the table.
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That Resolution #GG-113-20 regarding EGD-006-20, regarding Cedar Crest Beach Rd and West Beach Rd Berm Review and Estimates, be
Moved by Councillor Traill, seconded by Councillor Hooper
Tabled
That Report COD-018-20 be received; That the proposal received from Vision 33, being the most responsive bidder meeting all terms, conditions and specifications of RFP2019-4B be awarded the contract for the development and installation of the Municipal Business Solution; That the required funding for this project in the amount of $5,083,986.59 (Net HST Rebate) over the ten-year period be approved with the account distribution to be confirmed annually as part of the budget process; That Council authorizes the use of reserve funds from the Tax Rate Stabilization Reserve Fund in the amount of $275,000 and from the Building Inspection Reserve Fund in the amount of $250,000 in 2021; and That all interested parties listed in Report COD-018-20 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
Moved by Councillor Zwart, seconded by Councillor Traill
Carried
That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-246-20 for a second time.
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-246-20 for a third time.
Moved by Councillor Neal, seconded by Councillor Jones
Carried
That Confidential Report LGL-004-20 Pre-Sort/AD Facility and the EFW Host Community Agreement, be
Moved by Councillor Traill, seconded by Councillor Anderson
Referred
That the Memo from Faye Langmaid, Acting Director of Planning Services, regarding North Newcastle Village Secondary Plan – Milestones / Timelines, be received for information.
Moved by Councillor Anderson, seconded by Councillor Zwart
Carried
That the Region of Durham be advised that the siting of the Anaerobic Digester in the Clarington Energy Park is (i) a breach of the Host Community Agreement for the EFW; and (ii) is contrary to Clarington’s Official Plan for the Energy Park Secondary Plan and Municipal Wide Courtice waterfront park; That Clarington initiate mediation/arbitration proceedings under the Host Community Agreement; and That Clarington advise the Region that Clarington is no longer bound by the terms of the Host Community Agreement regarding not opposing the expansion of the EFW. 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, 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.
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
That the Council recess for five minutes.
Moved by Councillor Neal, seconded by Councillor Zwart
Carried
That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-251-20 for a second time.
Moved by Councillor Zwart, seconded by Councillor Neal
Carried
That the foregoing Resolution #C-251-20 be amended by deleting paragraph three. Yes (3) Mayor Foster, Councillor Hooper, and Councillor Zwart No (4) Councillor Anderson, Councillor Jones, Councillor Neal, and Councillor Traill
Moved by Councillor Hooper, seconded by Councillor Zwart
Lost
That leave be granted to introduce By-laws 2020-031 to 2020-035; and That the said by-laws be approved.
Moved by Councillor Hooper, seconded by Councillor Anderson
Carried
That leave be granted to introduce By-law 2020-036, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of May, 2020; and That the said by-law be approved.
Moved by Councillor Hooper, seconded by Councillor Anderson
Carried
That the meeting adjourn at 11:27 PM.
Moved by Councillor Neal, seconded by Councillor Traill
Carried
That Report COD-018-20 be received; That the proposal received from Vision 33, being the most responsive bidder meeting all terms, conditions and specifications of RFP2019-4B be awarded the contract for the development and installation of the Municipal Business Solution; May 25, 2020 Council Meeting That the required funding for this project in the amount of $5,083,986.59 (Net HST Rebate) over the ten-year period be approved with the account distribution to be confirmed annually as part of the budget process; That Council authorizes the use of reserve funds from the Tax Rate Stabilization Reserve Fund in the amount of $275,000 and from the Building Inspection Reserve Fund in the amount of $250,000 in 2021; and That all interested parties listed in Report COD-018-20 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
Moved by Councillor Zwart, seconded by Councillor Traill
Carried
That the foregoing Resolution #C-251-20 be amended by deleting paragraph three. Yes (3): Mayor Foster, Councillor Hooper, and Councillor Zwart No (4): Councillor Anderson, Councillor Jones, Councillor Neal, Councillor Traill
Moved by Councillor Hooper, seconded by Councillor Zwart
Lost

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