The Corporation of The Town of Cobourg
REGULAR COUNCIL MEETING
AGENDA

Monday, February 22, 2021 at 6:00 P.m. - 8:00 P.m.

Electronic Participation

Please be advised that the Regular Council Meeting will begin at 5:00 P.M. for Council to hold a Closed Session prior to the Open Session of Council which will begin at 6:00 P.M.

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1.

CALL TO ORDER

2.

CLOSED SESSION

• Action Recommended:

  THAT Council meet in Closed Session in accordance with Section 239 2) of the Municipal Act S.O. 2001 regarding:

2.1

Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board - Lucas Point Business and Industrial Park Offer to Purchase.  

2.2

Section 239(2)(c) a proposed or pending acquisition or disposition of land by the municipality or local board - Lucas Point Business and Industrial Park Sale Repurchase Option

2.3

Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees- Accessibility Advisory Committee Applications.

2.4

Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees- Town of Cobourg Holdings Inc. Board Appointments and Re-Appointments.

3.

TRADITIONAL LAND ACKNOWLEDGEMENT

The Town of Cobourg respectfully acknowledges that we are located in the traditional and treaty territory of the Michi Saagiig (Mississauga) and Chippewa Nations, collectively known as the Williams Treaties First Nations, which include: Curve Lake, Hiawatha, Alderville, Scugog Island, Rama, Beausoleil, and Georgina Island First Nations.

The Town of Cobourg respectfully acknowledges that the Williams Treaties First Nations have been stewards and caretakers of these lands and waters, and that today remain vigilant over their health and integrity for generations to come. We are all Treaty people.

4.

MOMENT OF REFLECTION

5.

ADDITIONS TO THE AGENDA

6.

DISCLOSURE OF PECUNIARY (FINANCIAL) INTEREST

6.1

Councillor Emily Chorley - By-law No. 017-2021, being a by-law to Amend Zoning By-law No. 85-2003 (420 Division Street – 2759655 Ontario Ltd./Canadian Centre for Addictions).

I am declaring a potential pecuniary interest on the zoning amendment application for 420 Division Street because my property lies within 120m of the subject property. This declaration is made under Section 5 of the Municipal Conflict of Interest Act, and I will not be participating in any discussion or vote related to this matter.

6.2

Councillor Emily Chorley - THAT the following By-law be passed:

I am declaring a potential pecuniary interest on the zoning amendment application for 420 Division Street because my property lies within 120m of the subject property. This declaration is made under Section 5 of the Municipal Conflict of Interest Act, and I will not be participating in any discussion or vote related to this matter.

7.

ADOPTION OF MINUTES OF THE PREVIOUS MEETING

7.1

Adoption of the February 1, 2021 Regular Council Minutes.

• Action Recommended:

  THAT Council adopt the minutes of the Regular Council meeting held on February 1, 2021.

8.

PRESENTATIONS

8.1

David Piccini, Member of Provincial Parliament for Northumberland-Peterborough South ,  providing an update to Council on the Brookside Youth Centre located at 390 King Street West, Cobourg 

9.

DELEGATIONS

10.

DELEGATION ACTIONS

11.

REPORTS

11.1

General Government Services

11.1.1

Committee of the Whole meeting notes held on February 16, 2021

• Action Recommended:

  THAT Council receive and adopt the minutes of the Committee of the Whole meeting held on February 16, 2021.

11.1.2

Town of Cobourg Covid-19 Update - Verbal - Chief Administrative Officer.

• Action Recommended:

  THAT Council receive the February , 2021 COVID-19 Verbal Update from the Chief Administrative Officer for information purposes.

11.2

Planning and Development Services

11.2.1

Memo from the Director of Planning and Development regarding the Application for Zoning By-law Amendment, EcoVue Consulting Services, DePalma Dr. and Burnham St, Cobourg.

• Action Recommended:

  THAT Council receive the Staff Report for information purposes; and,

  FURTHER THAT the application be referred to the Planning Department for a report and that the notice requirements of the Planning Act, R.S.O. 1990, c.P. 13, as amended, be implemented, including the scheduling of a Public Meeting.

11.2.2

Memo from the Planner II - Heritage, regarding the application for Site Plan Approval and Zoning Bylaw Amendment – 173-185 Division Street & 9 Albert Street

• Action Recommended:

  THAT Council receive the application for information purposes and that the application be referred to the the Planning Department for a report; and

  FURTHER THAT the notice requirements of the Planning Act, R.S.O. 1990, c.P. 13, as amended, be implemented including the scheduling of a Public Meeting.

11.2.3

Memo from the Planner II - Heritage, regarding an Application Site Plan Approval - 727 William Street, Cobourg.

• Action Recommended:

  THAT Council receive the report and Site Plan Approval application for information purposes; and

  FURTHER THAT Council refer the application to the Planning Department for a report. 

11.3

Public Works Services

11.3.1

Correspondence from Lakefront Utility Services Inc. regarding the Cobourg Drinking Water System Annual Summary Report

• Action Recommended:

  THAT Council receive and accept the 2020 Annual Summary Report for the Cobourg Drinking Water System for information purposes pursuant to Ontario Regulation 170/03.

11.4

Parks and Recreation Services

11.5

Protection Services

11.5.1

Memo from the Secretary of the Accessibility Advisory Committee regarding the response to Council's request on the Committees Motion presented at the Committee of the Whole Meeting on February 16, 2021.

• Action Recommended:

  THAT Council receive the memo from the Secretary of the Accessibility Advisory Committee for information purposes in order to clarify the Committees request in regards to the Specialized Transit (Wheels) Policy and the responsibilities of the Transit Drivers. 

11.5.2

Memo from the Municipal Clerk/Manager of Legislative Services, regarding the DBIA Request to erect and install Outdoor Patios and Extend Liquor Licenses on Municipal Property for Downtown Cobourg Restaurants. 

• Action Recommended:

  THAT Council receive the report from the Municipal Clerk/Manager of Legislative Services for information purposes; and 

  FURTHER THAT Council authorize the preparation of a By-law to be presented to Council at a Regular Council Meeting to amend By-law No.022-2002 Section 8 a) to permit Outdoor Patios Permits to take effect on March 1, 2021 until November 30 2021; and 

  FURTHER THAT Council approve the renewal and application process for an Outdoor Patio Permit to commence following the approval of this resolution and prior to the final reading of the Outdoor Patio By-law Amendment. 

11.6

Arts, Culture and Tourism Services

11.6.1

Letter of Resignation from Dale Randall, member of the Sustainability and Climate Change Advisory Committee, dated February 18, 2020.

• Action Recommended:

  THAT Council accept with regret the resignation from Dale Randall of the Sustainability and Climate Change Advisory Committee and that a note of appreciation be sent to the member acknowledging her service to the Cobourg Community; and

  FURTHER THAT the vacant position on the Sustainability and Climate Change Advisory Committee be advertised and a new member be recruited in accordance with the Town's policies and procedures.

12.

MOTIONS

12.1

General Government Services

12.1.1

Motion from the Committee of the Whole, regarding the Downtown Business Improvement Area (DBIA) Board of Management 2021 Budget.

• Action Recommended:

  WHEREAS at the Committee of the Whole Meeting on February 16, 2021 Council considered the proposed 2021 Budget from the Cobourg Downtown Business Improvement Area (Cobourg DBIA);

  NOW THEREFORE BE IT RESOLVED that Council approve the 2021 Cobourg Downtown Business Improvement Area Budget attached to the Resolution as Appendix "A".

12.2

Planning and Development Services

12.3

Public Works Services

12.3.1

Motion from the Committee of the Whole Meeting regarding the approval of various Public Works Construction Contracts

• Action Recommended:

  WHEREAS at the Committee of the Whole Meeting on February 16, 2021, Council considered a memo from the Director of Public Works, regarding the approval and awarding of various Public Works Construction Contracts;

  NOW THEREFORE BE IT RESOLVED THAT Council award the Albert Street Reconstruction Tender CO-21-01 PWD to Behan Construction Limited in the amount of $1,031,917.49 excluding HST; and

  FURTHER THAT Council award the Terry Fox Stormwater Pond Cleanout Tender CO-21-03 PWD to GFL Environmental Inc. in the amount of $286,604.50 excluding HST; and

  FURTHER THAT Council award the Sanitary Sewer Rehabilitation Tender CO-21-05 PWD to Sewer Technologies in the amount of $556,981.00 excluding HST.

12.3.2

Motion from the Committee of the Whole meeting regarding the Bi-Annual Sidewalk Program (Abbott Blvd) Tender

• Action Recommended:

  WHEREAS at the Committee of the Whole Meeting on February 16, 2021, Council considered a memo from the Director of Public Works regarding the approval and awarding of the Bi-Annual Sidewalk Program, (Albert Blvd);

  NOW THEREFORE BE IT RESOLVED THAT Council award the Bi-Annual Sidewalk Program (Abbott Blvd) Tender CO-21-02 PWD to Dekeyser Excavating Limited in the amount of $189,472.74 excluding HST

12.4

Parks and Recreation Services

12.4.1

Motion from the Committee of the Whole meeting regarding the Award of Contract for Harbour Infrastructure Repairs

• Action Recommended:

  WHEREAS at the Committee of the Whole Meeting on February 16, 2021, Council considered memo from the Director of Public Works and the Deputy Director of Community Services, regarding the Award of Contract for the Harbour Infrastructure Repairs;

  NOW THEREFORE BE IT RESOLVED THAT Council award the Harbour Infrastructure Repairs Tender CO-21-06 CSD for the provision of professional design services to Shoreplan Engineering in the amount of $440,000 plus HST;

  AND FURTHER THAT Council approve a 10% contingency to be added to the design fees in the amount of $50,000 plus HST;

  AND FURTHER THAT all funds are to be debentured as approved in the Town’s 2021 Community Services Capital Budget in the amount of $498,000 including non-refundable HST.

12.4.2

Motion from the Committee of the Whole meeting regarding Planting for a Greener Future

• Action Recommended:

  WHEREAS at the Committee of the Whole Meeting on February 16, 2021, Council considered a memo from the Secretary of the Parks and Recreation Advisory Committee regarding Planting for a Greener Future;

  NOW THEREFORE BE IT RESOLVED THAT Council endorse the Cobourg Horticultural Society’s project: Planting for a Greener Future.

12.4.3

Motion from the Committee of the Whole meeting regarding the Outdoor Skating Rink at Sinclair Park

• Action Recommended:

  WHEREAS at the Committee of the Whole Meeting on February 16, 2021, Council considered a memo from the Deputy Director of Community Services regarding the Outdoor Skating Rink at Sinclair Park;

  AND WHEREAS the creation of an outdoor rink in Sinclair Park has not been feasible due to the length of the Provincial lockdown and the forecast of above-freezing temperatures in late-February;

  AND WHEREAS the Provincial lockdown was lifted on February 16, 2021, allowing for the reopening of the Cobourg Community Centre (CCC);

  THEREFORE BE IT RESOLVED THAT Council direct staff to operate free public skating at the Cobourg Community Centre (CCC) from February 18, 2021 to March 20, 2021 for two hours each day;

  AND FURTHER THAT Council redirect the $5,000 budgeted for the Sinclair Park rink to the Cobourg Community Centre (CCC) to help offset the cost of providing free public skating;

  AND FURTHER THAT the concept of additional outdoor rinks in neighbourhood parks be further considered during the 2022 budget process.

12.5

Protection Services

12.5.1

Motion to Appoint a Member to the Accessibility Advisory Committee.

• Action Recommended:

  WHEREAS at the Regular Council Meeting on February 22, 2021, Council consider applications from Members of the Public to fill a vacancy on the Town of Cobourg Accessibility Advisory Committee;

  NOW THEREFORE BE IT RESOLVED THAT Municipal Council appoint the following member to the Accessibility Advisory Committee:

  1.  

12.6

Arts, Culture and Tourism Services

13.

BYLAWS

13.1

General Government Services

13.1.1

By-law No. 013-2021, being a by-law to enter into a Lease Agreement with Go Green Together at Northam Industrial Park – Building 17 South, Cobourg.

• Action Recommended:

  THAT Council adopt By-law 013-2021, being a by-law to authorize the Mayor and Municipal Treasurer to execute on behalf of the Corporation of the Town of Cobourg a Lease Agreement with Go Green Together for approximately 1,817 square feet of space at Northam Industrial Park – Building 17 South, 740 Division Street, Cobourg.

13.1.2

By-law No. 014-2021, being a by-law to amend By-law 009-2018, being a by-law to enter into an Amending Agreement with the the Province of Ontario for the Ontario Municipal Commuter (OMCC) Program.

• Action Recommended:

  THAT Council adopt By-law 014-2021, being a by-law to  authorize the Mayor and Municipal Clerk to execute on behalf of the Corporation an Amending Agreement with the her Majesty the Queen in the right of Ontario represented by the Ministry of Transportation for the purpose of the Ontario Municipal Commuter Cycle (OMCC) Program in order to extend the program for eligible claims for the fiscal year ending December 31, 2021.

13.1.3

By-law No. 015-2021, being a by-law to into an Amending Commercial Sale of Land Agreement with – 1978327 Ontario ltd. Loadstar Trailers  (Dodge Street, Cobourg).

• Action Recommended:

  THAT Council adopt By-law 015-2021, being a by-law to authorize the Mayor and Municipal Clerk to execute on behalf of the Corporation a Commercial Sale of Land Amending Agreement with – 1978327 Ontario Ltd. Loadstar Trailers at Dodge Street, Cobourg.

13.2

Planning and Development Services

13.2.1

By-law No. 016-2021, being a by-law to authorize the execution of a Tree Removal Agreement with Rondeau (Cobourg) Ltd.

• Action Recommended:

  THAT Council adopt By-law 016-2021, being a by-law to authorize the Mayor and Municipal Clerk to execute on behalf of the Corporation a Stage 1 Tree Removal Agreement with Rondeau (Cobourg) Ltd. and Domino Lane Developments Inc. for the defined removal of trees pursuant to the detailed Tree Inventory & Preservation Plan, Arborist Report and Related Landscape Analysis, as prepared by Henry Kortekaas & Associates Ltd. and The Planning Partnership, for the 107.3 hectare area of land generally located in the area of Brook Road North and Elgin Street East, known as Villages of Central Park, subject to the finalization of details by municipal staff and applicable agencies.

13.2.2

By-law No. 017-2021, being a by-law to Amend Zoning By-law No. 85-2003 (420 Division Street – 2759655 Ontario Ltd./Canadian Centre for Addictions).

• Councillor Emily Chorley declared a conflict on this item. (I am declaring a potential pecuniary interest on the zoning amendment application for 420 Division Street because my property lies within 120m of the subject property. This declaration is made under Section 5 of the Municipal Conflict of Interest Act, and I will not be participating in any discussion or vote related to this matter.)

• Action Recommended:

  THAT Council adopt By-law 017-2021, being a by-law to re-zone the 0.38 ha (0.94 ac) parcel of land at 420 Division Street from “District Commercial Exception 2 (DC-2) Zone” to “District Commercial Exception 29 Holding [DC-29(H)] Zone” to permit the adaptive re-use of the former Inn/Hotel and restaurant as a Rehabilitation/Detox Treatment Centre with site specific zone provisions governing the proposed land use, facility capacity and parking.

13.3

Public Works Services

13.4

Parks and Recreation Services

13.5

Protection Services

13.6

Arts, Culture and Tourism Services

13.7

General Government Services

13.7.1

THAT the following bylaw(s) be passed:

1. Bylaw 013-2021 being a by-law to enter into a Lease Agreement with Go Green Together at Northam Industrial Park – Building 17 South, Cobourg;
2. Bylaw 014-2021 being a by-law to amend By-law 009-2018, being a by-law to enter into an Amending Agreement with the the Province of Ontario for the Ontario Municipal Commuter (OMCC) Program;
3. Bylaw 015-2021 being a by-law to enter into an Amending Commercial Sale of Land Agreement with – 1978327 Ontario ltd. Loadstar Trailers (Dodge Street, Cobourg);
4. Bylaw 016-2021 being a by-law to authorize the execution of a Tree Removal Agreement with Rondeau (Cobourg) Ltd.

• Action Recommended:

  THAT leave be granted to introduce bylaws 013-2021 to 016-2021 and to dispense with the reading of the bylaws by the Municipal Clerk and that the same be considered read and passed and that the Mayor and the Municipal Clerk sign the same and the Seal of the Corporation be thereto affixed.

13.7.2

THAT the following By-law be passed:

1. Bylaw 017-2021 being a by-law to Amend Zoning By-law No. 85-2003 (420 Division Street – 2759655 Ontario Ltd./Canadian Centre for Addictions).

• Councillor Emily Chorley declared a conflict on this item. (I am declaring a potential pecuniary interest on the zoning amendment application for 420 Division Street because my property lies within 120m of the subject property. This declaration is made under Section 5 of the Municipal Conflict of Interest Act, and I will not be participating in any discussion or vote related to this matter.)

• Action Recommended:

  THAT leave be granted to introduce bylaw 017-2021 and to dispense with the reading of the bylaw by the Municipal Clerk and that the same be considered read and passed and that the Mayor and the Municipal Clerk sign the same and the Seal of the Corporation be thereto affixed.

14.

PETITIONS

15.

COMMITTEE/BOARD MINUTES (INFORMATION PURPOSES ONLY)

15.1

Parks and Recreation Advisory Committee Minutes - January 5, 2021

15.2

Downtown Business Improvement Area Board of Management Minutes - January 7, 2021

15.3

Planning and Development Committee Minutes - January 12, 2021

15.4

Sustainability and Climate Change Action Committee - January 6, 2021

15.5

Accessibility Advisory Committee Minutes -February 8, 2021

15.6

Planning and Development Advisory Committee Minutes - January 12, 2021

15.7

Cobourg Heritage Advisory Committee Minutes - January 13, 2021

• Action Recommended:

  THAT Council receive the Advisory Committee and Local Board Minutes for information purposes

16.

CORRESPONDENCE

17.

NOTICE OF MOTION

18.

COUNCIL/COORDINATOR ANNOUNCEMENTS

18.1

Members of Council present verbal reports on matters within their respective areas of responsibility:

• Mayor John Henderson
• Deputy Mayor Séguin, General Government Services Coordinator
• Councillor Beatty, Planning and Development Services Coordinator
• Councillor Darling, Public Works Services Coordinator
• Councillor Chorley, Parks and Recreation Services Coordinator
• Councillor Burchat, Protection Services Coordinator
• Councillor Bureau, Arts, Culture and Tourism Services Coordinator

19.

UNFINISHED BUSINESS

The items listed in the order of the topics set out in the agenda of prior meetings which have not been disposed of by Council and the date of their first appearance on the agenda shall be noted and repeated on each subsequent agenda until disposed of by Council, unless removed from the agenda by leave of Council - Council Procedural By-law No. 009-2019.

19.1

Municipal Council Unfinished/Outstanding Business Tracking Table

20.

CONFIRMATORY BY-LAW

20.1

Bylaw 018-2021, being a bylaw to confirm the proceedings of the Council Meeting of February 22, 2021.

• Action Recommended:

  THAT leave be granted to introduce Bylaw 018-2021 and to dispense with the reading of the Bylaw by the Municipal Clerk to confirm the proceedings of Council of the Town of Cobourg at its Regular Council Meeting held on February 22, 2021 and the same be considered read and passed and that the Mayor and the Municipal Clerk sign the same and the Seal of the Corporation be thereto affixed. 

21.

ADJOURNMENT