Joint Committees

That the Committee recess for 10 minutes to enable Staff to ensure all Members of Committee are connected remotely to the meeting.

That the Agenda be altered to hear the presentation of Andrew Grunda, Principal, Watson and Associates Economists Ltd., Regarding 2020 Development Charge Study Update immediately following the Public Meeting section of the Agenda.

That the Agenda for the Joint General Government and Planning and Development Committees meeting of April 6, 2020 be adopted with the addition of the following items: Anaerobic digestion facility; By-law Enforcement discretionary powers Staffing and COVID-19

That the minutes of the regular meeting of the Planning and Development Committee meeting held on February 24, 2020, be approved; and That the minutes of the regular meeting of the General Government Committee meeting held on March 9, 2020, be approved.

That Communications 10.1 to 10.8, be received for information, on consent, with the exception of item 10.5.

That the Committee recess for 10 minutes.

That Communication Item 10.5, from Dianne Tominac, Office Manager/Scheduler, Ministry of Municipal Affairs and Housing, regarding a meeting to discuss Clarington's Comprehensive Zoning By-law Review, be received for information.

That resignation of Morgan James be received; and That Erin Kemp be appointed to the Bowmanville Business Improvement Area.

That the Committee recess for five minutes to enable Staff to ensure all Members of Committee are connected remotely to the meeting.

That the following resolution from Grey County, regarding supporting 100% Canadian Wines Excise Exemption be endorsed by the Municipality of Clarington: Whereas, Canada’s federal excise tax currently exempts 100% Canadian wines; and Whereas, Australia has asked the World Trade Organization (WTO) to rule that this exemption is discriminatory; and Whereas, if the WTO were to rule with Australia, Canadian wineries making 100% Canadian wine would no longer be exempt; and Whereas, the present value of the excise exemption is $39 million annually across Canada; and Whereas, in the 13 years since this exemption was created, the production of 100% Canadian wine has increased by almost 30 million litres, representing an additional annual contribution of $2.7 billion to the Canadian economy; and Whereas, Grey County, specifically the municipalities of Meaford and Town of Blue Mountains, is home to a number of successful, award winning, boutique wineries; Now Therefore Be It Resolved That, the County of Grey supports the excise exemption for 100% Canadian wines; and That, the County of Grey appeals to the Federal government to ensure the exemption remains in place by reaching an agreement with Australia prior to the WTO ruling; and That, this motion be forwarded to: The Right Honourable Justin Trudeau, Prime Minister of Canada; The Honourable Andrew Scheer, Leader of the Official Opposition; Yves-François Blanchet, Leader of the Bloc Québécois; Jagmeet Singh, Leader of the New Democrati

That the Rules of Procedure be suspended to add an additional item to the Agenda regarding purchasing wine from other Provinces.

That the correspondence arising out of Resolution #JC-010-20 (regarding Supporting 100% Canadian Wines Excise Exemption) also include the following: That an explanation be provided as to why wines produced in other provinces cannot be purchased within Ontario, but Australian wines can be purchased.

That Correspondence Item 11.3, from Libby Racansky regarding Anaerobic Digestor, be

That Communication Item 11.4 be

That the exemption for 94 Elgin Street from Section 1. b. of Interim Control By-law 2018-083 for regulations for an addition to an existing dwelling, be approved.

That Report PSD-009-20 be received; That the application by Brookfield Residential (Ontario) Ltd. for a redline Revision to Draft Approved Plan of Subdivision and Rezoning, east side of Regional Road 17, Newcastle continue to be processed; That once Statutory Public meeting decision timeframes come back into effect a recommendation report will be brought back for decision; and That all interested parties listed in Report PSD-009-20 and any delegations be advised of Council’s decision.

That Report PSD-010-20 be received; That Council declare surplus approximately 0.7 hectares of property, shown in Figure 1 of Report PSD-010-20, as surplus; That Council authorize staff to undertake the necessary processes to prepare the lands for disposal in accordance with By-law 2011-11, being a By-law to govern the sale and other disposition of surplus municipal land; and That all interested parties listed in Report PSD-010-20 and any delegations be advised of Council’s decision.

That Report EGD-005-20 be received; That the By-law attached to Report EGD-005-20, as Attachment 2, be approved; and That all interested parties listed in Report EGD-005-20 and any delegations be advised of Council’s decision.

That Report ESD-003-20 be received for information.

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #JC-019-20 for a second time.

That Report CSD-003-20 be received; That staff prepare corporate-wide guidelines for the solicitation and administration of a consolidated Sponsorship, Naming Rights and Advertising program; That staff be authorized to issue a Request for Proposal (RFP) to seek competitive pricing for the provision of services related to the solicitation and administration of sponsorships, naming rights and advertising for municipal buildings, parks and sport fields; That staff report back on the results of the RFP, seeking approval to award to a successful vendor; and That all interested parties listed in Report CSD-003-20 and any delegations be advised of Council's decision.

That Report COD-005-20 be received; That Nick Carchidi Excavating Ltd. with a total bid amount of $886,718.48 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-3 be awarded the contract for the North Scugog Court Reconstruction as required by the Engineering Services Department; That the total funds required for this project in the amount of $1,023,300.00 (Net HST Rebate), which includes the construction cost of $886,718.49 (Net HST Rebate) and other costs including design, material testing, utility daylighting, inspection, contract administration, permit fees and contingencies in the amount of $136,581.51 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following accounts; Description Account Number Amount North Scugog Court Reconstruction - Dan Sheehan Lane to Concession Rd 3 (Prior years and 2020) 110-32-330-83358-7401 679,500. North Scugog Court Reconstruction - Dan Sheehan Lane to Concession Rd 3 Region of Durham Recovery 110-32-330-83358-7402 343,800 That the contract award be subject to the Region of Durham receiving approval for the funding required to complete their portion of work for this project; and That all interested parties listed in Report COD-005-20 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 the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #JC-023-20 for a second time.

That Report COD-009-20 be received; That MVW Construction and Engineering Inc. with a total bid amount of $414,462.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2020-2 be awarded the contract for the Orono Town Hall Accessible Elevator Addition and Universal Washroom, as required by the Operations Department; That the total funds required for this project in the amount of $447,000.00 (Net HST Rebate), which includes construction cost of $414,462.00 (Net HST Rebate) and other related costs such as design, inspection, contract administration and contingencies of $32,538.00 (Net HST Rebate) is in the approved budget allocation as provided and will be funded from the following account: Description Account Number Amount Orono Town Hall Accessibility Upgrades (2019) 110-36-370-83630-7401 $295,000 Orono Town Hall Accessibility Upgrades (2020) 110-36-370-83630-7401 $152,000 That all interested parties listed in Report COD-009-20 and any delegations be advised of Council’s decision.

That Report COD-010-20, be

That Report COD-010-20 be received; That Eagleson Construction Ltd. with a total bid amount of $1,692,074.38 (Blended HST) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2019-37 be awarded the contract for the Courtice Court – Sanitary Sewer and Watermain Construction as required by the Engineering Services Department; That the total funds required for this project in the amount of $1,979,817.71 (Blended HST), which includes the construction cost of $1,692,074.38 (Blended HST ) and other costs including design, contract administration, material testing, inspection, and contingencies in the amount of $287,743.33 (Blended HST), is in the approved budget allocation or has been approved by Council and will be funded from the following accounts; Description Account Number Amount Municipal Servicing (2019) (From Participating Owners Recovery 110-32-330-83212-7403 903,669 Strategic Capital Reserve Fund (For Non-Participants) 510-00-000-00000-6660 701,841 Engineering Services – Pavement Rehabilitation 110-32-330-83212-7401 374,307 That the contract award is subject to the Municipality of Clarington executing a cost sharing agreement with the participating landowners and receiving the funds required to complete their portion of the work; and That all interested parties listed in Report COD-010-20 and any delegations be advised of Council’s decision. Yes (5) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Coun

That the Rules of Procedure be suspended to extend the meeting until 11:50 PM.

Whereas the Municipality has plans to create a Courtice Waterfront Park; Whereas the proposed site of the Anaerobic Digestion and Mixed Waste Pre-Sort Facility will be located at the gateway of the Courtice Energy Park; Whereas only part of fuel values available can be converted by anaerobic digestion and the moist residue still leaves most of the original waste for final disposal by either landfill or thermal techniques; and Whereas Clarington already has an over-burdened airshed and the increase in trucks containing mixed waste for pre-sorting at the Anaerobic Digestion and Mixed Waste Pre-Sort Facility would add to the over-burdened airshed while most of the original waste would still need to be disposed of in the Durham-York Energy From Waste Facility; Now Therefore be it Resolved that Clarington declare itself to be an Unwilling Host Community to the Anaerobic Digestion and Waste Pre-Sort Facility.

That that matter be referred to Staff to report back to the April 27, 2020, Planning and Development meeting; and That the Region of Durham be requested to extend the public comment periods for the anaerobic digestor and the expansion of the DYEC from 140 to 160 tonnes, and also examine alternate forums that allow the public meaningful participation. Yes (6) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart No (1) Councillor Traill

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #JC-030-20 for a second time.

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #JC-030-20 for a third time.

That Staff report back at the September 14, 2020 meeting on wording to be included in all regulatory by-laws as follows: a Municipal Law Enforcement Officer (MLEO) deems a reported violation of municipal by-law(s) to have been made that is frivolous, vexatious or malicious in nature; or Where the complainant of the reported violation(s) is not adversely and/or directly affected by the by-law violation; or Where the complainant of the reported violation does not reside or own property within The Municipality of Clarington; or Where a reported violation does not compromise or otherwise negatively affect the health, safety or security of person of the citizens of the Municipality of Clarington; The Municipal Law Enforcement Officer (MLEO) may exercise his/her discretion in not proceeding with enforcement action; and The complainant who has reported a violation of municipal by-law(s) pursuant to (1), (2) , (3) or (4) above shall be guilty of an offence, and subject to a maximum fine of $1,000.00.

That the CAO be directed to lay off all non-essential Staff on May 1, 2020 if the COVID-19 emergency is still in effect on that date.

That the foregoing Resolution #JC-038-20 be

That Report FND-006-20, 2020 Development Charge Study Update and Presentation, be

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

That the recommendations contained in Confidential Report PSD-011-20, Surplus Properties, be approved.

That the meeting adjourn at 12:17 AM

That the following resolution from Grey County, regarding supporting 100% Canadian Wines Excise Exemption be endorsed by the Municipality of Clarington: Whereas, Canada’s federal excise tax currently exempts 100% Canadian wines; Whereas, Australia has asked the World Trade Organization (WTO) to rule that his exemption is discriminatory; Whereas, if the WTO were to rule with Australia, Canadian wineries making 100% Canadian wine would no longer be exempt; Whereas, the present value of the excise exemption is $39 million annually across Canada; Whereas, in the 13 years since this exemption was created, the production of 100% Canadian wine has increased by almost 30 million litres, representing an additional annual contribution of $2.7 billion to the Canadian economy; Whereas, Grey County, specifically the municipalities of Meaford and Town of Blue Mountains, is home to a number of successful, award winning, boutique wineries; Now Therefore Be It Resolved That, the County of Grey supports the excise exemption for 100% Canadian wines; and That, the County of Grey appeals to the Federal government to ensure the exemption remains in place by reaching an agreement with Australia prior to the WTO ruling; and That, this motion be forwarded to: The Right Honourable Justin Trudeau, Prime Minister of Canada; The Honourable Andrew Scheer, Leader of the Official Opposition; Yves-François Blanchet, Leader of the Bloc Québécois; Jagmeet Singh, Leader of the New Democratic Party of Canada; Jo

That Report PSD-010-20 be received; April 6, 2020 Joint Committee Minutes That Council declare surplus approximately 0.7 hectares of property, shown in Figure 1 of Report PSD-010-20, as surplus; That Council authorize staff to undertake the necessary processes to prepare the lands for disposal in accordance with By-law 2011-11, being a By-law to govern the sale and other disposition of surplus municipal land; and That all interested parties listed in Report PSD-010-20 and any delegations be advised of Council’s decision.

That that matter of the Anaerobic Digestion Facility, be

That Staff report back at the September 14, 2020 meeting on wording to be included in all regulatory by-laws as follows: a Municipal Law Enforcement Officer (MLEO) deems a reported violation of municipal by-law(s) to have been made that is frivolous, vexatious or malicious in nature; 1. Where the complainant of the reported violation(s) is not adversely and/or directly affected by the by-law violation; 2. Where the complainant of the reported violation does not reside or own property within The Municipality of Clarington; 3. Where a reported violation does not compromise or otherwise negatively affect the health, safety or security of person of the citizens of the Municipality of Clarington; 4. The Municipal Law Enforcement Officer (MLEO) may exercise his/her discretion in not proceeding with enforcement action; and 5. The complainant who has reported a violation of municipal by-law(s) pursuant to (1), (2), (3) or (4) above shall be guilty of an offence, and subject to a maximum fine of $1,000.00.