Regular Council Meeting

That the minutes of the regular meeting of the Council held on March 23, 2020, be approved.

That Correspondence Items 9.1 to 9.3 be received for information.

That Correspondence Items 10.1 and 10.2 be

That Advisory Committee Report Items 11.1.1 to 11.1.3, be approved with the exception of Item 11.1.1.

That the minutes of the Agricultural Advisory Committee dated March 12, 2020, be approved.

That the recommendations contained in the Joint General Government and Planning and Development Committees Report of April, 6, 2020 be approved on consent, with the exception of items 10, 12 and 5.

That the Rules of Procedure be suspended to allow Members of Council to speak to the foregoing Resolution #C-165-20 for a second time.

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: North Scugog Court Reconstruction - Dan Sheehan Lane to Concession Rd 3 (Prior years and 2020) 110-32-330-83358 77401 $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 (4) Councillor Anderson, Councillor Hooper, Councillor Zwart, and Mayor Foster No (3) Councillor Jones, Councillor Neal, and Councillor Traill

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; 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 (4) Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3) Councillor Jones, Councillor N

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 FND-008-20 be received; That Director of Finance continue to work with local area treasurers and the Region of Durham to develop a sustainable consistent approach for support of those impacted by the COVID-19 pandemic; That the Director of Finance and the Director of Community Services create a new grant program, the “Community COVID Support Grant Program” modelled after the existing Community Grants Program specifically to target relief to businesses and residents effected by COVID-19; That the Community COVID Support Grant Program be funded from the Tax Rate Stabilization Reserve Fund up to $100,000; and That staff report back to Council at the earlier of the first available meeting after the Province’s emergency declaration is lifted or July 6, 2020. Yes (7) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart

That the foregoing Resolution #C-168-20 be amended by adding the following: That Clarington pass a temporary by-law that will cancel, reduce or refund 50% of the Clarington portion of taxes for the period of the declared emergency for residential taxpayers either (i) employed in a business that has been ordered shut down; or (ii) whose business has been ordered shut down; as a result of the Covid emergency, and whose taxes have become unduly burdensome, pursuant to Section 365 of the Municipal Act; and that this be funded from the rate stabilization reserve fund. The aggregate amount under Sub-section (6) shall be capped at $2,000,000, and if the total would exceed that amount, the reduction for each residential taxpayer shall be reduced such that it will equal (i) $2,000,000, divided by (ii) the total number of accepted applications. Yes (7) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart

That the Council recess for five minutes.

That the foregoing Resolution #C-169-20 be amended as follows: That in paragraph one: "That the word "pass" be replaced with the words “endorse in principle””; That the following be added to the end: "8. That the details of the program be the subject of a staff report to be presented at the June 1, 2020 General Government Committee meeting."

That the foregoing Resolution #C-168-20 be amended by deleting paragraph five; and That the resolution paragraphs be renumbered accordingly.

That Report CAO-012-20 be received for information.

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 with labour relations or employee negotiations.

That the following recommendation regarding the contracting out of marriage ceremonies approved at the March 2, 2020 Council meeting be reconsidered: "That marriage ceremony services be contracted out." Yes (3) Mayor Foster, Councillor Anderson, and Councillor Hooper No (4) Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart

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

That the Rules of Procedure be suspended to allow the reconsideration of Resolution #C-441-19 which was

That paragraphs 2 and 3 of the foregoing Resolution #C-180-20, be

That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-183-20 for a second time.

That resolution #C-441-19, regarding Report CAO-010-19, Cedar Crest Beach Update, approved at the December 9, 2019 Council meeting be reconsidered at this time. Yes (5) Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2) Councillor Jones, and Councillor Neal

That Report CAO-010-19, Cedar Crest Beach Update be

That Report CAO-010-19 be received; That up to $30,000 be allocated from the Tax Rate Stabilization Reserve Fund for the completion of a Cedar Crest Beach Erosion/Property Loss Study, and the consulting assignment be sole sourced to Zuzek Inc.; That Staff report back to Council with the results of the study, once completed; That Clarington adopt CLOCA “Port Darlington Shoreline Hazard Study” Staff Report #5630-19 Recommendation #5 to raise the road elevation of Cedar Crest Beach Road via the deployment of gravel by Operations; That Clarington construct a berm/berms on the marsh side of Cedar Crest Beach Rd. and West beach Rd. (southerly section) with 50% of the funds drawn from the “Clarington Station A Reserve Fund” and requesting that St. Marys pay the other 50% of the cost; That if St. Marys refuses to contribute 50% of the cost, Clarington pay the entire cost of the berms; That in satisfying paragraph five above, Clarington work with CLOCA Staff to ensure proper analysis and technical information is completed and all the requirement of Ontario Regulation 42/06 are met and that this matter be expedited; and That all interested parties listed for Report CAO-010-19, including all landowners in the Port Darlington (west shore) reach and any delegations, be advised of Council’s decision.

That paragraphs 2 and 3 of the foregoing Resolution #C-180-20, be divided.

That the balance of Resolution #C-180-20 be

That the Council recess for 10 minutes.

That Report FND-006-20 and the associated presentation from Watson and Associates Economists Ltd. be received; That staff continue consultation with the development community prior to finalizing the Development Charge Background Study and By-law; That staff be instructed to release the proposed Development Charge Background Study and By-law at a date to be determined by the Director of Finance which provides Council, members of the public and the development community opportunity to review and provide feedback for the 2020 Development Charge Background Study and By-law; and That, in accordance with the Coronavirus (COVID-19) Support and Protection Act, 2020 , which received royal assent on April 14, 2020, the Municipality’s existing Development Charges By-law (By-law 2015-035) shall remain in force until such date as specified in the Act and therefore, staff be directed to schedule the statutory public meeting for a date after the lifting of the emergency declared under the Emergency Management and Civil Protection Act on March 17, 2020 with such meeting being advertised publicly.

That leave be granted to introduce By-laws 2020-025 to 2020-027; and That the said by-laws be approved.

That the Rules of Procedure be suspended to add an additional item to the Agenda regarding the cancellation of the April 20, 2020, General Government Committee meeting.

That leave be granted to introduce By-law 2020-028, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of April, 2020; and That the said by-law be approved.

That the meeting adjourn at 10:30 PM.

That Report FND-008-20 be received; That Director of Finance continue to work with local area treasurers and the Region of Durham to develop a sustainable consistent approach for support of those impacted by the COVID-19 pandemic; April 14, 2020 Council Meeting That the Director of Finance and the Director of Community Services create a new grant program, the “Community COVID Support Grant Program” modelled after the existing Community Grants Program specifically to target relief to businesses and residents effected by COVID-19; That the Community COVID Support Grant Program be funded from the Tax Rate Stabilization Reserve Fund up to $100,000; and That staff report back to Council at the earlier of the first available meeting after the Province’s emergency declaration is lifted or July 6, 2020. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart

The April 20, 2020, General Government meeting be cancelled, and a Joint General Government and Planning and Development Committee meeting take place on April 27, 2020 at 7:00 PM.

That leave be granted to introduce By-law 2020-028, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 14th day of April, 2020; and April 14, 2020 Council Meeting That the said by-law be approved.