The Corporation of the Township of Brock

Council Minutes

Monday, January 29, 2024 at 6:00 P.m. - 8:00 P.m.

Council Chambers - 1 Cameron St. E. Cannington and Electronically

Members Present:

• Mayor Walter Schummer
• Regional Councillor Michael Jubb
• Ward 1 Councillor Peter Frank
• Ward 2 Councillor Claire Doble
• Ward 3 Councillor Angela Canavan
• Ward 4 Councillor Cria Pettingill
• Ward 5 Councillor Lynn Campbell

Staff Present:

• CAO Michelle Willson
• Clerk/Deputy CAO Fernando Lamanna
• Deputy Clerk Maralee Drake
• Clerk's Assistant Deena Hunt
• Clerk's Assistant Stefanie Stickwood
• Director of Finance/Treasurer Trena DeBruijn
• Deputy Treasurer Michele Kerswill
• Manager Facilities and IT, R. Wayne Ward
• Director Development Services Robin Prentice
• Fire Chief Rick Harrison

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1.

Meeting Details (Agenda only)

2.

Call to Order & Moment of Silence - 6:00 p.m.

Mayor Schummer called the meeting to order at 6:00 p.m. and a quorum was present.

3.

Land Acknowledgement

It is important to begin each public gathering with a Land and Territorial Acknowledgement, to recognize the Indigenous people for being good stewards of the land and environment, here where we are meeting today. The Township of Brock has traditionally been a hunting and fishing ground for First Nations people. We reside on and benefit from the Williams Treaty Territories, on the land of the Mississaugas and Chippewas. May we share the land as long as the sun rises, the grass grows and river flows.

4.

Disclosure of Pecuniary Interest and Nature Thereof

4.1

Councillor Canavan - Item 12.2 Request for Reduction to Fees By-law - Manilla Hall Rental

Councillor Canavan noted that she is employed by Brock Community Health Centre and, as such, was declaring an indirect interest in this matter and would not be participating in any discussion or voting.

5.

Community Announcements

Council advised that the Sunderland Maple Syrup Festival will host a Valentine's Dance on February 10, 2024 at the Sunderland Legion. The Beaverton Lion's Winter Carnival will be held on February 3, 2024.

6.

Public Meeting

None.

7.

Presentations

None.

8.

Delegations / Petitions

8.1

Fence By-law Exemption Request (see also Communication No. 21/24)

Mitch Lohnert provided a delegation to Council with respect to his request for a fence variance as listed in Item 8.1.1.

• Resolution: C-2024-001
  Moved by Regional Councillor Jubb
  Seconded by Councillor Frank

  BE IT RESOLVED THAT the presentation by Mitch Lohnert with respect to a fence by-law exemption be received for information; and
  THAT the agenda be amended to bring forward Communication 21/24 at this time.

  CARRIED

8.1.1

Fence By-Law Exemption Request - Cannington

Mitch Lohnert
Communication Number 21/24

• Resolution: C-2024-002
  Moved by Councillor Pettingill
  Seconded by Councillor Frank

  BE IT RESOLVED THAT Communication Number 21/24, Fence By-law Exemption Request - Cannington, submitted by Mitch Lohnert be received for information; and
  THAT Council grant a variance for an interior westerly side fence for 147 Cameron Street, Cannington having a total height of 2.44 metres (8ft) from the Township’s Fence By-law 786-85-PP.

  CARRIED

8.2

Expedite Energy Performance Green Building Standard Amendments to the Ontario Building Code (see also Notice of Motion)

Gabriella Kalapos, Executive Director, Clean Air Partnership provided a presentation which included:

• About Clean Air Partnership
  • assist municipalities with their Climate Change Actions
  • there is a need to increase energy efficiency and decarbonize buildings
• Energy Requirements and the Ontario Building Code
• What are Green Development Standards (GDS)
  • GDS provide clarity to the development community giving an opportunity to build the metrics in right from the initial stages
• What do the GDS address
  • energy efficiency
  • greenhouse gas emissions
  • precipitation on site
  • access to greenspace
  • friendly design
  • municipal sustainable goals
• Tiered prescriptive approach to GDS
  • have a tiered timeframe for requirements
• Status Quo costs too much
  • example of the natural gas system expansion
  • risk for a stranded asset
• B.C. Step Code - GHG intensity metric
• National Model Energy Code

• Resolution: C-2024-003
  Moved by Councillor Doble
  Seconded by Councillor Canavan

  BE IT RESOLVED THAT the presentation by Gabriella Kalapos with the Clean Air Partnership with respect to Expedite Energy Performance Green Building Standard Amendments to the Ontario Building Code be received for information.

  CARRIED

9.

Ratification of COW Recommendations

None.

10.

Adoption of Minutes of Previous Meetings

• Resolution: C-2024-004
  Moved by Councillor Canavan
  Seconded by Councillor Frank

  BE IT RESOLVED THAT Council adopts all minutes of previous Council meetings as listed in Section 10.1:

  • Committee of the Whole - December 11, 2023
  • Committee of the Whole - Closed - December 11, 2023
  • Council - December 11, 2023
  • Special Council - December 18, 2023
  • Special Council - Closed - December 18, 2023
  • Committee of the Whole - January 15, 2024
  • Committee of the Whole - Closed - January 15, 2024
  CARRIED

10.1

Minutes of previous Council Meetings

10.1.1

Committee of the Whole Meeting - December 11, 2023

10.1.2

Committee of the Whole - Closed - December 11, 2023

10.1.3

Council - December 11, 2023

10.1.4

Special Council - December 18, 2023

10.1.5

Special Council - Closed - December 18, 2023

10.1.6

Committee of the Whole - January 15, 2024

10.1.7

Committee of the Whole - Closed - January 15, 2024

11.

Reports

11.1

Memorandum 2024-DS-002, Third Street, Beaverton, Fence Variance Request

Director of Development Services

• Resolution: C-2024-005
  Moved by Councillor Pettingill
  Seconded by Regional Councillor Jubb

  BE IT RESOLVED THAT Council reconsider Resolution C-2023-027 as adopted by Council on February 27, 2023 with respect to a Fence By-law Exemption submitted by Saad Yousaf for Third Street, Beaverton (Communication number 626/22).

  CARRIED
• Resolution: C-2024-006
  Moved by Councillor Frank
  Seconded by Regional Councillor Jubb

  BE IT RESOLVED THAT with respect to a Fence By-law Exemption submitted by Saad Yousaf for Third Street, Beaverton (Communication number 626/22), Council permit a height exemption of 3.1 metres along the easterly side lot line and rear lot line as shown on Attachment 1; and 

  THAT Council request that the developer implement landscaping planting along the property line on the municipal side, to attempt to remediate the extended fence height.

  DEFEATED

11.2

2024-FI-004, 2024 Draft Operating and Capital Budget

Director of Finance/Treasurer

The Director of Finance/Treasurer provided a Budget Kick-off Presentation which included:

• Township of Brock Ward Overview
• Economic Indicators
• Where the Tax monies are spent (Operating budget)
• 2024 Tax Levy Requirement
• Salaries and Benefits
• Operating Revenue
• Departmental Expenses
• Reserves
• Departmental Capital Budgets

• Resolution: C-2024-007
  Moved by Councillor Canavan
  Seconded by Councillor Doble

  BE IT RESOLVED THAT the 2024 Budget Overview, Report 2024-FI-004 - Draft Operating and Capital Budget, and the 2024 Draft Budget document, submitted by the Director of Finance/Treasurer be received for information.

  CARRIED

12.

Correspondence

12.1

Framework to Limit Liability for Winter Maintenance Contractors Employing Best Practices

Lake Simcoe Region Conservation Authority
Communication Number 807/23

• Resolution: C-2024-008
  Moved by Councillor Doble
  Seconded by Councillor Canavan

  BE IT RESOLVED THAT Communication Number 807/23, Framework to Limit Liability for Winter Maintenance Contractors Employing Best Practices, from the Lake Simcoe Region Conservation Authority be received for information; and
  THAT Council support the following resolution:
  WHEREAS chloride concentrations in the surface waters of the Lake Simcoe watershed are above Canadian Water Quality Guidelines in many places and continue to increase due to the use of winter salt on roads and parking lots; and
  WHEREAS decreasing the amount of winter salt use throughout the watershed is critical to the long-term health of Lake Simcoe; and
  WHEREAS a substantial barrier to the reduction of salt application for parking lots and walkways is concern over liability; and
  WHEREAS businesses in the winter maintenance sector are seeing insurance and legal costs dramatically escalate to the point where many have failed, and some property owners have been unable to find winter maintenance contractors;
  NOW THEREFORE BE IT RESOLVED THAT The Township of Brock requests that the Attorney General of Ontario and the Minister of the Environment, Conservation and Parks establish technical standards and a Provincial regulatory framework that limits liability for contractors following best practices to ensure public safety, business sustainability, and environmental protection; and
  THAT a copy of this request be sent to the Attorney General, Minister of Environment, Conservation and Parks and the Lake Simcoe Region Conservation Authority.

  CARRIED

12.2

Request for Reduction to Fees By-law - Manilla Hall Rental

• Councillor Canavan declared a conflict on this item. (Councillor Canavan noted that she is employed by Brock Community Health Centre and, as such, was declaring an indirect interest in this matter and would not be participating in any discussion or voting.)

• Resolution: C-2024-009
  Moved by Councillor Campbell
  Seconded by Regional Councillor Jubb

  BE IT RESOLVED THAT Communication Number 2/24, and Communication Number 46/24 Request for Reduction to Fees By-law - Manilla Hall Rental, submitted by Robin Peeters and Brock Community Health Centre be received for information; and
  THAT Council approve the use of the Manilla Hall to Robin Peeters and to the Brock Community Health Centre to host  fitness classes from the minimum 2-hour rental to the previous rate of 1-hour rental at the Manilla Hall.
• Amendment:
  Resolution: C-2024-010
  Moved by Councillor Pettingill
  Seconded by Regional Councillor Jubb

  BE IT RESOLVED THAT the motion be amended to include "That Council direct staff to reevaluate the Fees By-law upon the next review cycle to consider a one hour rental option when cleaning is not required as frequently".

  CARRIED

• Amended Main Motion

  Resolution: C-2024-009
  Moved by Councillor Pettingill
  Seconded by Regional Councillor Jubb

  BE IT RESOLVED THAT Communication Number 2/24, and Communication Number 46/24 Request for Reduction to Fees By-law - Manilla Hall Rental, submitted by Robin Peeters and Brock Community Health Centre be received for information; and

  THAT Council approve the use of the Manilla Hall to Robin Peeters, and to the Brock Community Health Centre to host fitness classes from the minimum 2-hour rental to the previous rate of 1-hour rental at the Manilla Hall; and

  THAT Council direct staff to reevaluate the Fees By-law upon the next review cycle to consider a one hour rental option when cleaning is not required as frequently.

  CARRIED

12.2.1

Manilla Hall Fees By-law Reduction

Robin Peeters
Communication Number 2/24

12.2.2

Manilla Hall Fees By-law Reduction

Brock Community Health Centre
Communication Number 46/24

12.3

North Durham Pride Beach Day - 2024

Alison Bennie, North Durham Pride
Communication Number 19/24

• Resolution: C-2024-011
  Moved by Councillor Canavan
  Seconded by Councillor Pettingill

  BE IT RESOLVED THAT Communication Number 19/24, North Durham Pride and Beaverton Beach Day, submitted by Alison Bennie of North Durham Pride be received; and
  THAT Council approve the non-exclusive use of the Beaverton Harbour on Saturday July 13, 2024 from 10:00 a.m. - 3:00 p.m. for the event Beaverton Beach Day, subject to to the provision of a certificate of insurance for $2,000,000 ( two million), naming the Township of Brock as additional insured;
  THAT Council grant the approval of a BBQ at the Beaverton Beach Day event, subject to approval from the Fire Chief; and
  THAT Staff will provide additional garbage receptacles and picnic tables subject to availability and placement.

  CARRIED

12.4

Request to the Province to Temporarily Remove Tolls on Highway 407 in Durham Region

Town of Whitby
Communication Number 27/24

• Resolution: C-2024-012
  Moved by Councillor Canavan
  Seconded by Councillor Pettingill

  BE IT RESOLVED THAT Communication Number 27/24, Request to the Province to Temporarily Remove Tolls on Highway 407 in Durham Region be received; and
  THAT Council support the following resolution; 
  WHEREAS Highway 407 from Brock Road (Regional Road 1) in Pickering to Highway 35/115 is provincially owned and tolls are set by the province; and,
  WHEREAS planned Regional road construction work to widen Winchester Road (Regional Road 3) from Anderson Street to Baldwin Street (Regional Highway 12) will necessitate reducing Winchester Road to one lane of traffic in one direction over an expected two construction seasons impacting travel times for residents and businesses; and,
  WHEREAS the temporary removal of tolls on Highway 407 during Winchester Road construction work would improve overall travel times and alleviate the traffic impacts on surrounding Regional and local municipal roads.
  NOW THEREFORE BE IT RESOLVED THAT:
  1. The Province be requested to temporarily remove tolls on  Highway 407 in Durham Region during the duration of the planned Winchester Road construction work; and,
  2. A copy of this request be sent to all Durham local area municipalities, Durham MPPs, and the Minister of Transportation.

  CARRIED

12.5

Request for Fee Reduction for Beaverton Town Hall - First Act Youth Company

Nicole Strawbridge
First Act Youth Company
Communication Number 29/24

• Resolution: C-2024-013
  Moved by Councillor Doble
  Seconded by Councillor Canavan

  BE IT RESOLVED THAT Communication Number 29/24, Request for Fee Reduction for Beaverton Town Hall - First Act Youth Company, submitted by Nicole Strawbridge of First Act Youth Company be received for information; and
  THAT Council grant approval of the same rates granted to the Beaverton Town Hall Players being $225.00 plus HST for use of the Auditorium and $45.00 plus HST for use of the Meeting Room for performance nights, and paying no rental fees for use of the Auditorium and Meeting Room for auditions, rehearsals, cast parties, sound/light checks, technical seminars and production meetings; and

  THAT the Mayor and Clerk enter into an agreement with the First Act Youth Company, similar to that of the Beaverton Town Hall Players; and

  THAT the First Act Youth Company book all performances through the Township of Brock to ensure that no overlapping events occur at the Beaverton Town Hall; and

  THAT a certificate of insurance in the amount of $2,000,000 (two million) naming the Township of Brock as additional insured be provided.

  CARRIED

12.6

Beaverton Barrel Racing Club - 2024 Events

Rachelle Hamlin
Beaverton Barrel Racing Club
Communication Number 35/24

• Resolution: C-2024-014
  Moved by Councillor Doble
  Seconded by Regional Councillor Jubb

  BE IT RESOLVED THAT Communication number 35/24 submitted by Rachelle Hamlin on behalf of the Beaverton Barrel Racing Club with respect to free use of the ring at the Beaverton Fairgrounds for Barrel Racing Events on May 19, June 16, July 1 (at the request of the Beaverton Lions Club Canada Day Event), July 21, August 18 and September 1, 2024 be received; and
  THAT Council approve the free use of the Beaverton Fairgrounds, provided there are no other events booked on those dates; and
  THAT approval is subject to proof of insurance in the amount of $2,000,000 naming the Township of Brock as additional insured is provided to staff; and
  THAT Council approves the use of free hydro on those dates; and
  THAT staff work with the group to ensure waste receptacles are provided; and
  THAT the Township enter into an agreement with the Beaverton Barrel Racing Club for use of the ring at the fairgrounds.

  CARRIED

12.7

1st Annual Cannington Orange Parade

Loyal Orange Lodge 
Communication Number 26/24

• Resolution: C-2024-015
  Moved by Regional Councillor Jubb
  Seconded by Councillor Campbell

  BE IT RESOLVED THAT Communication Number 26/24, 1st Annual Cannington Orange Parade, submitted by the Loyal Orange Lodge be received for information; and
  THAT Council approve the 1st Annual Cannington Orange Parade to held on July 27, 2024 at 7:00 p.m. in Cannington, subject to proof of insurance in the amount of $2,000,000 (two million) naming the Township of Brock as additional insured; and
  THAT a road occupancy permit from the Region of Durham is provided to staff; and
  THAT the organizers will be providing traffic control measures during the event.

  CARRIED

13.

Notice of Motions

13.1

Expedite Energy Performance Green Building Standard Amendments to the Ontario Building Code

Moved: Councillor Pettingill
Seconded: Councillor Doble

• Resolution: C-2024-016
  Moved by Councillor Pettingill
  Seconded by Councillor Doble

  WHEREAS the Province of Ontario adopted greenhouse gas reduction targets of 30% by 2030, and emissions from buildings represented 22% of the Province’s 2017 emissions; and, 
  WHEREAS buildings with better energy performance provide owners and occupants with lower energy bills, improved building comfort, and resilience from power disruptions that are expected to be more common in a changing climate, thereby tackling both inequality and energy poverty; and
  WHEREAS ensuring that all new buildings in the Province of Ontario are built to the highest energy efficiency means that they will not need expensive future retrofits and the cost of heating and cooling these buildings will be reduced from the moment they are first occupied; and
  WHERAS incorporating greenhouse gas intensity (GHGI) metrics into building performance standards is necessary to address both energy efficiency and affordability and decarbonization outcomes as both the BC Step Code and the National Model Building Code are recognizing; and  
  WHEREAS the Township of Brock identify commitments and efforts towards achieving commitments within the municipality’s own building portfolio and/or other efforts related to addressing energy efficiency and GHG emissions from municipal buildings/fleets/procurement; and  
  WHEREAS future development within Township of Brock would benefit from mandatory energy performance standards that can be economically incorporated into future residential construction and not add substantial costs to projects as to hinder the addition of housing units within the municipality; and
  WHEREAS the Province stated in February 2022 that it planned to advance a green development standards by-law to transition municipal authorities on securing some green building standards metrics related to energy efficiency and greenhouse gas intensity (which are currently being implemented through the site plan process) into the Ontario Building Code by the summer of 2023; and
  WHEREAS the Province has consulted on advancing harmonization of energy efficiency requirements in buildings by aligning Ontario’s Building Code with selected National Model Energy Code tiers as minimum energy efficiency requirements in the next edition of the Code in 2024; and
  WHEREAS that aspects of green standards that are not brought into Ontario’s Building Code because they do not involve building construction (including green infrastructure, cool paving, biodiversity, tree plantings, etc) will continue to be standards that can be required through municipal by-law and implemented through site plan control; and
  WHEREAS during the transition period, until the green standards are authorized in the Ontario Building Code the Province anticipates that municipalities will continue to use site plan control to advance green standards; and
  WHEREAS the Ontario Building Code has not yet been amended to authorize these green standards.
  NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario expedite tiered energy performance green building standard amendments to the Ontario Building Code to provide meaningful energy efficient improvements, in a cost-effective manner, for all future buildings; and
  THAT Council direct staff to send a copy of this resolution to the Minister of Municipal Affairs and Housing, and the Association of Municipalities of Ontario (AMO).

  CARRIED

14.

By-Laws

• Resolution: C-2024-017
  Moved by Councillor Campbell
  Seconded by Regional Councillor Jubb

  BE IT RESOLVED THAT By-laws 3234-2024, 3235-2024, 3237-2024, 3238-2024 and 3239-2024 be taken as read, enacted and signed by the Mayor and Municipal Clerk.

  CARRIED

14.1

By-Law Number 3234-2024

A By-law to amend By-law Number 3017-2021, Being a By-law to regulate the proceedings of Council. 

14.2

By-Law Number 3235-2024

A By-Law to appoint a Deputy Clerk for the Corporation of the Township of Brock.

14.3

By-Law Number 3237-2024

A by-law to provide for an interim tax levy

14.4

By-Law Number 3238-2024

A by-law to amend Zoning By-law 287-78-PL, as otherwise amended, of the Corporation of the Township of Brock, Region of Durham, with respect to Part of Lots 13 and 14, Concession 6 (Thorah), Township of Brock (Beaverton Mara Inc.)

14.5

By-Law Number 3239-2024

A by-law to amend Zoning By-law 287-78-PL, as otherwise amended, of the Corporation of the Township of Brock, Region of Durham, with respect to Part of Lots 7-8, Concession 2, Township of Brock (CBM)

15.

Closed Session

None.

16.

Rise from Closed Session

17.

Other Business

None.

18.

Regional Councillor Update

• Regional tax levy is currently at 7.5%
• 10 year transit plan was approved in 2023 and service levels to stay the same
• water/sewer rates are up by 7.4% - impacted by Bill 23
• plans for the police budget to be forthcoming
• Regional Strategic Plan has been started (2025-2027) - many Regional Councillors expressed concern about what the Region is spending money on and the need to evaluate that spending
• a public input session for participation in the Regional Strategic Planning Process will be forthcoming

19.

Public Questions and Clarification

There were no public questions for clarification.

20.

Confirmation By-law

By-law Number 3236-2024 to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on January 29, 2024. 

• Resolution: C-2024-018
  Moved by Councillor Doble
  Seconded by Councillor Campbell

  BE IT RESOLVED THAT By-law Number 3236-2024, being a By-law to confirm the proceedings of the Council of the Corporation of the Township of Brock at its meeting held on January 29, 2024 be taken as read, enacted and signed by the Mayor and Clerk/Deputy CAO.

  CARRIED

21.

Adjournment

• Resolution: C-2024-019
  Moved by Councillor Frank
  Seconded by Councillor Doble

  BE IT RESOLVED THAT the meeting of Council adjourn at 9:08 p.m.

  CARRIED