The Corporation of The Town of Cobourg

REGULAR COUNCIL MEETING

MINUTES

Monday, December 13, 2021 at 6:00 P.m. - 8:00 P.m.

Electronic Participation

Members Present:

• Mayor John Henderson
• Deputy Mayor Suzanne Séguin
• Councillor Nicole Beatty
• Councillor Aaron Burchat
• Councillor Adam Bureau
• Councillor Emily Chorley
• Councillor Brian Darling

Staff Present:

• Tracey Vaughan, Chief Administrative Officer
• Ian Davey, Treasurer/Director of Corporate Services
• Laurie Wills, Director of Public Works
• Brent Larmer, Municipal Clerk/Manager of Legislative Services
• Krystal Christopher, Deputy Clerk
• Rob Franklin, Acting Director of Planning and Development Services
• Teresa Behan, Deputy Director Community Services

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1.

CALL TO ORDER

His Worship Mayor Henderson called the Meeting to Order at 405 P.M.

2.

CLOSED SESSION

• Resolution 514-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Nicole Beatty

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

  Carried
• Resolution 515-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Aaron Burchat

  THAT the Closed Session reason for Item 2.6. be amended to reflect s.239 (2)(f) advice that is subject to solicitor client privilege, including communications necessary for that purpose

  Carried

2.1

239(2)(b) personal matters about an identifiable individual, including municipal or local board employee - Personnel Matter.

2.2

239 (2)(f) advice that is subject to solicitor client privilege, including communications necessary for that purpose - Litigation Matter

2.3

239 (2)(f) advice that is subject to solicitor client privilege, including communications necessary for that purpose - Enforcement Matter

2.4

s.239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board - Potential Purchase of Property

2.5

239(2)(b) personal matters about an identifiable individual, including municipal or local board employee - Municipal Complaints Update.

2.6

239 (2)(f) advice that is subject to solicitor client privilege, including communications necessary for that purpose

2.7

239(2)(b) personal matters about an identifiable individual, including municipal or local board employee - Citizen Appointment Applications - Memorial Arena Ad Hoc Committee and Planning and Development Advisory Committee.

3.

TRADITIONAL LAND ACKNOWLEDGEMENT

His Worship Mayor Henderson recited the Traditional Land Acknowledgement Statement 

4.

MOMENT OF REFLECTION

The Mayor asked that Council and Members of the Public to pause for a Moment of Reflection.

5.

ADDITIONS TO THE AGENDA

There were no additions to the agenda

6.

DISCLOSURE OF PECUNIARY (FINANCIAL) INTEREST

There were no Declarations of Pecuniary Interest Declared by Members of Council.

7.

ADOPTION OF MINUTES OF THE PREVIOUS MEETING

7.1

Adoption of the November 22 , 2021, Regular Council Minutes.

• Resolution 516-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Aaron Burchat

  THAT Council adopt the minutes of the Regular Council meeting held on November 22, 2021.

  Carried

7.2

Adoption of the November 10, 2021, 2022 Divisional Staff Budget Presentation Meeting Minutes

• Resolution 517-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Brian Darling

  THAT Council adopt the minutes of the  2022 Divisional Staff Budget Presentation Meeting held on November 10, 2021.

  Carried

7.3

Adoption of the December 6 2021, Development Charges Background Study Public Meeting Minutes

• Resolution 518-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Aaron Burchat

  THAT Council adopt the minutes of the Development Charges Background Study Public Meeting minutes held on December 6, 2021.

  Carried

8.

PRESENTATIONS

9.

DELEGATIONS

10.

DELEGATION ACTIONS

11.

REPORTS

11.1

General Government Services

11.1.1

Committee of the Whole meeting notes held on December 6, 2021

• Resolution 519-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Aaron Burchat

  THAT Council receive the notes of the Committee of the Whole meeting held on December 6, 2021, for information purposes.

  Carried

11.1.2

2022 Operating and Capital Budget Review Meeting notes held on November 25, 2021

• Resolution 520-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Aaron Burchat

  THAT Council receive the meeting notes of the 2022 Operating and Capital Budget Review Meeting held on November 25, 2021.

  Carried

11.1.3

2022 Operating and Capital Budget Review Meeting notes held on November 26, 2021

• Resolution 521-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Adam Bureau

  THAT Council receive the meeting notes of the 2022 Operating and Capital Budget Review Meeting held on November 26, 2021.

  Carried

11.1.4

Memo from the Director of Corporate Services/Treasurer, regarding the Establishment of a Tax Rate Stabilization Reserve for the Town of Cobourg.

• Resolution 522-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Emily Chorley

  THAT Council authorize staff to establish a Tax Rate Stabilization Reserve in accordance with the Town of Cobourg Reserve Fund Policy as approved October 5, 2015; and

  FURTHER that Council authorize the transfer of $305,000 from anticipated 2021 operating surpluses to fund this reserve.

  Carried

11.1.5

Memo from the Director of Corporate Services/Treasurer, regarding Ontario Community Infrastructure Fund (OCIF) Formula based Funding 2022 Allocation.

• Resolution 523-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Brian Darling

  THAT Council receive the letter from the Ontario Ministry of Infrastructure indicating a 2022 allocation to the Town of Cobourg in the amount of $1,395,417 for information purposes; and

  FURTHER THAT Council amend the 2022 Draft Capital Budget to replace debenture funding with OCIF funding in the amount of $1,272,620 as detailed in Schedule "A" to the Staff Report.

   

  Carried

11.2

Planning and Development Services

11.2.1

Memo from the Secretary of the Cobourg Heritage Advisory Committee, regarding the establishment of a Subcommittee - Heritage Designation By-law.

• Resolution 524-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Adam Bureau

  THAT Council receive the memo from the Secretary of the Cobourg Heritage Advisory Committee for information purposes and provide direction on the request to establish a Subcommittee of the Cobourg Heritage Committee for the purpose of reviewing the By-law to Regulate the alteration of designated property located within Heritage Conservation Districts within the Town of Cobourg. 

  Carried

11.3

Public Works Services

11.4

Parks and Recreation Services

11.5

Protection Services

11.6

Arts, Culture and Tourism Services

12.

MOTIONS

12.1

General Government Services

12.1.1

Motion from the Committee of the Whole, regarding the 2022 Town of Cobourg Operating and Capital Budget Approval.

• Resolution 525-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Emily Chorley

  WHEREAS the Committee of the Whole has considered the 2022 Town of Cobourg Operating and Capital Budget recommendations as presented at the Committee of the Whole Budget Meetings held on November 25 and November 26, 2021; 

  NOW THEREFORE BE IT RESOLVED THAT Council approve the 2022 Capital Budget in the amount of $15,561,973. 

  AND FURTHER THAT Council approve the 2022 Operating Budget with the Municipal Levy of $26,352,155 which represents a 6.3% increase over the 2021 Operating Budget and a 4.1% net increase after allowing for New Assessment Growth of 2.2%.

  Amended
• Resolution 526-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Emily Chorley

  MOTION TO AMEND

  WHEREAS the Committee of the Whole has considered the 2022 Town of Cobourg Operating and Capital Budget recommendations as presented at the Committee of the Whole Budget Meetings held on November 25 and November 26, 2021;

  AND WHEREAS Council authorized staff to establish a Tax Rate Stabilization Reserve on December 13, 2021 with a transfer of $305,000 from anticipated 2021 operating surpluses to fund this reserve.

  NOW THEREFORE BE IT RESOLVED THAT Council approve the 2022 Capital Budget in the amount of $15,561,973. 

  AND FURTHER THAT Council approve the 2022 Operating Budget with the Municipal Levy of $26,052,155, utilizing $300,000 from the Tax Rate Stabilization Reserve, which represents a 5.1% increase over the 2021 Operating Budget and a 2.9% net increase after allowing for New Assessment Growth of 2.2%.

  Carried
• Resolution 527-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Emily Chorley

  WHEREAS the Committee of the Whole has considered the 2022 Town of Cobourg Operating and Capital Budget recommendations as presented at the Committee of the Whole Budget Meetings held on November 25 and November 26, 2021;

  AND WHEREAS Council authorized staff to establish a Tax Rate Stabilization Reserve on December 13, 2021 with a transfer of $305,000 from anticipated 2021 operating surpluses to fund this reserve.

  NOW THEREFORE BE IT RESOLVED THAT Council approve the 2022 Capital Budget in the amount of $15,561,973. 

  AND FURTHER THAT Council approve the 2022 Operating Budget with the Municipal Levy of $26,052,155, utilizing $300,000 from the Tax Rate Stabilization Reserve, which represents a 5.1% increase over the 2021 Operating Budget and a 2.9% net increase after allowing for New Assessment Growth of 2.2%.

  Carried

12.1.2

Motion from the Committee of the Whole regarding the 2022 Environmental Services Operating and Capital Budget Approval.

• Resolution 528-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Brian Darling

  WHEREAS the Committee of the Whole has considered the 2022 Town of Cobourg Environmental Services Budget recommendations as presented at the Committee of the Whole Budget Meeting held on November 25 and November 26, 2021; 

  NOW THEREFORE BE IT RESOLVED THAT Council approve the 2022 Operating Budget for Environmental Services for the Town of Cobourg indicating Total Revenue of $6,514,510 and Total Expenditures of $4,247,659 resulting in a Net Operating Surplus of $2,266,851 which will be transferred to the Sewer Rates Reserve; and 

  FURTHER THAT Council approve the 2022 Capital Budget for Environmental Services for the Town of Cobourg in the amount of $1,875,000.

  Carried

12.2

Planning and Development Services

12.2.1

Motion from the Committee of the Whole regarding the Habitat for Humanity Request for Land at Daintry Crescent

• Resolution 539-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Adam Bureau

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo form the Acting Director of Planning & Development, regarding the Habitat for Humanity Request for Land at Daintry Crescent;

  NOW THEREFORE BE IT RESOLVED THAT Council direct staff to declare portions of the municipal lands west of 600 Daintry Crescent as surplus; and,

  FURTHER THAT Council direct staff to negotiate with Habitat for Humanity Northumberland for their acquisition of the lot for affordable housing purposes after seeking a Minor Variance to permit a new single-detached dwelling.

  Carried

12.2.2

Motion from the Committee of the Whole regarding Heritage Permit Application (HP-2021-038) 18 King Street East, Cobourg

• Resolution 540-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Aaron Burchat

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo from the Secretary of the Cobourg Heritage Advisory Committee, regarding Heritage Permit Application (HP-2021-038) 18 King Street East, Cobourg;

  NOW THEREFORE BE IT RESOLVED THAT Council approve Heritage Permit Application HP-2021-038 as submitted by Andrew Smith Building Design Inc. on behalf of Alonim Apartments Inc. to permit various alterations to the existing mixed-use building at 18 King Street East be approved, subject to the finalization of details with Planning and Heritage Staff; and

  FURTHER THAT Council approve the Cobourg Heritage Advisory Committee request that the applicant replace the heritage windows on the south side only with either existing heritage reclaimed windows or replication of fig #3 shown in the attached report.

  Carried

12.2.3

Motion from the Committee of the Whole regarding the addition of James Cunningham House to the Cobourg Heritage Registry List;

• Resolution 541-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Emily Chorley

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo from the Secretary of the Cobourg Heritage Advisory Committee, regarding the addition of James Cunningham House to the Cobourg Heritage Registry List;

  NOW THEREFORE BE IT RESOLVED THAT Council support the addition of the James Cunningham House to the Cobourg Heritage Registry list, municipally known as 7949 County Road 2.

  Carried

12.2.4

Motion from the Regular Council Meeting to appoint a Member to the Planning and Development Advisory Committee.

• Resolution 542-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Emily Chorley

  WHEREAS at the Regular Council Meeting on December 13, 2021, Council consider applications from Members of the Public to fill the vacancy on Town of Cobourg  Planning and Development Advisory Committee; 

  NOW THEREFORE BE IT RESOLVED THAT Municipal Council appoint  the following member to the Planning and Development Committee: 

  1. Graham Gilchrist
  Carried

12.2.5

Motion from the Committee of the Whole, regarding the Request for Proposal (RFP) Contract Award for the Integrated Community Sustainability Plan (ICSP), Green Development Standards (GDS), Community Efficiency Financing Feasibility Study (CEFFS) Project.

• Resolution 543-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Adam Bureau

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo from the acting Director of Planning and Development regarding the Integrated Community Sustainability Plan (ICSP), Green Development Standards (GDS), Community Efficiency Financing Feasibility Study (CEFFS) Project; 

  NOW THEREFORE BE IT RESOLVED THAT Council award RFP Contract CO-21-30-CAO-PDD to Intelligent Futures for the Integrated Community Sustainability Plan (ICSP), Green Development Standards (GDS), Community Efficiency Financing Feasibility Study (CEFFS) Project in the amount of $239,500.00 + HST;

  AND FURTHER THAT Council authorize the Mayor and Municipal Clerk to enter into an Agreement for Professional Services and finalize other applicable documentation with Intelligent Futures to complete the ICSP/GDS/CEFFS project.

  Carried

12.3

Public Works Services

12.3.1

Motion from the Committee of the Whole regarding the Replacement Combination Snowplow/Dump Truck – Slide In Spreader Award

• Resolution 544-21
  Moved by Councillor Brian Darling
  Seconded by Councillor Adam Bureau

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo from the Manager, Roads/Sewers, Public Works, regarding the Replacement Combination Snowplow/Dump Truck – Slide In Spreader Award;

  NOW THEREFORE BE IT RESOLVED THAT Council approve the bid of $93,696.94 (price includes non-refundable HST), submitted by Joe Johnson Equipment Inc to be funded through the 2021 Public Works approved Capital Budget. 

  Carried

12.3.2

Motion from the Committee of the Whole regarding the Transit Fare Increase Proposal

• Resolution 545-21
  Moved by Councillor Brian Darling
  Seconded by Councillor Aaron Burchat

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo form the Director of Public Works regarding the Transit Fare Increase Proposal;

  NOW THEREFORE BE IT RESOLVED THAT Council direct Staff to implement the proposed transit fare increases effective January 1, 2022;

  AND FURTHER THAT Council direct staff to research options for children ages 5-12 to access Cobourg Transit free or charge with a report coming back to Council at Committee of the Whole on February 14, 2022.

  Carried

12.4

Parks and Recreation Services

12.4.1

Motion from the Committee of the Whole regarding the Monks Cove Restoration Work, Temporary Repair and Design

• Resolution 546-21
  Moved by Councillor Emily Chorley
  Seconded by Councillor Aaron Burchat

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo from the Deputy Director, Community Services, regarding the Monks Cove Restoration Work, Temporary Repair and Design;

  NOW THEREFORE BE IT RESOLVED THAT Council approve Shoreplan Engineering to complete the design and tender document of the 2022 Monk’s Cove retaining wall repairs at an upset cost of $10,000.

  Amended
• Resolution 547-21
  Moved by Councillor Emily Chorley
  Seconded by Councillor Brian Darling

  MOTION TO AMEND

  THAT Council receive the report for information and allocate an upset limit of $10,000 for Shoreplan Engineering to conduct a preliminary design report on the replacement options for the Monk’s Cove retaining wall including construction and design cost estimates.

  Carried
• Resolution 548-21
  Moved by Councillor Emily Chorley
  Seconded by Deputy Mayor Suzanne Séguin

  THAT Council receive the report for information and allocate an upset limit of $10,000 for Shoreplan Engineering to conduct a preliminary design report on the replacement options for the Monk’s Cove retaining wall including construction and design cost estimates.

  Carried

12.4.2

Motion from the Committee of the Whole regarding the Waterfront Operations Rates and Fees Schedule for the 2022 Season

• Resolution 549-21
  Moved by Councillor Emily Chorley
  Seconded by Councillor Brian Darling

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo from the Assistant Manager, Waterfront Operations, regarding the Waterfront Operations Rates and Fees Schedule for the 2022 Season;

  NOW THEREFORE BE IT RESOLVED THAT Council approve the suggested one-year 2022 Rate and User Fee Schedule for the Waterfront Operations Department of the Community Services Division; and

  FURTHER THAT Council direct staff to evaluate the Rates and Fees schedule in the fall of each season and consider the results of the User Fee Analysis when completing the annual budget.

  Carried

12.4.3

Motion from the Committee of the Whole regarding the Shore Protection Improvements at Fuel Dock, Harbour Infrastructure Repair

• Resolution 550-21
  Moved by Councillor Emily Chorley
  Seconded by Councillor Adam Bureau

  WHEREAS at the Committee of the Whole Meeting on December 6, 2021, Council considered a Memo from the Deputy Director, Community Services, regarding the Shore Protection Improvements at Fuel Dock, Harbour Infrastructure Repair;

  NOW THEREFORE BE IT RESOLVED THAT Council and award the design of the fuel dock repairs in the amount of $ 14,500 plus HST to Shoreplan Engineering; and

  FURTHER THAT the costs be included in the approved Harbour Repair design contingency.

  Carried

12.4.4

Motion from the Regular Council Meeting to appoint Member(s) to the Memorial Arena Ad Hoc Committee.

• Resolution 551-21
  Moved by Councillor Emily Chorley
  Seconded by Councillor Nicole Beatty

  WHEREAS at the Regular Council Meeting on December 13, 2021, Council consider applications from Members of the Public to fill the vacancy on Town of Cobourg Memorial Arena Ad Hoc Committee; 

  NOW THEREFORE BE IT RESOLVED THAT Municipal Council appoint  the following member to the Memorial Arena Ad Hoc Committee:

  1. Allan Proos
  2. James Young
  Carried

12.5

Protection Services

12.6

Arts, Culture and Tourism Services

13.

BYLAWS

13.1

General Government Services

13.2

Planning and Development Services

13.3

Public Works Services

13.4

Parks and Recreation Services

13.4.1

By-Law 087-2021 being a by-law to amend the Fees and Charges By-Law (088-2017 and 046-2019) of the Town of Cobourg, to adopt the Community Services Division – Waterfront Operations - 2022 Fees and Charges Schedule.

• Resolution 552-21
  Moved by Councillor Emily Chorley
  Seconded by Councillor Aaron Burchat

  THAT Council adopt by-law 087-2021, being a by-law to adopt the revised fees and charges by-law of the Community Services Division, Waterfront Operations Department as outlined in Schedule 'A' of the by-law.

  Carried

13.5

Protection Services

13.6

Arts, Culture and Tourism Services

13.7

General Government Services

13.7.1

THAT the following by-law be passed:

• Resolution 552-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Adam Bureau

  THAT leave be granted to introduce bylaw 087-2021 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. 

  Carried

14.

PETITIONS

15.

COMMITTEE/BOARD MINUTES (INFORMATION PURPOSES ONLY)

16.

CORRESPONDENCE

16.1

Correspondence, Ron Smith, Cobourg Resident, regarding Overabundance of Cannabis Stores in the Downtown Core .

• Resolution 553-21
  Moved by Deputy Mayor Suzanne Séguin
  Seconded by Councillor Aaron Burchat

  THAT Council receive the correspondence for information purposes. 

  Amended
• Resolution 554-21
  Moved by Councillor Nicole Beatty
  Seconded by Deputy Mayor Suzanne Séguin

  MOTION TO AMEND:

  THAT Council receive the correspondence for information purposes. 

  FURTHER THAT council direct staff to prepare an information report to explore options for Council to inform the public on the placement of future Cannabis stores in Cobourg; 

  AND FURHTER THAT staff provide the information report to Council and the public by April 19, 2022

  Carried
• Resolution 555-21
  Moved by Councillor Nicole Beatty
  Seconded by Deputy Mayor Suzanne Séguin

  THAT Council receive the correspondence for information purposes;

  FURTHER THAT council direct staff to prepare an information report to explore options for Council to inform the public on the placement of future Cannabis stores in Cobourg; 

  AND FURHTER THAT staff provide the information report to Council and the public by April 19, 2022

  Carried

16.2

Correspondence, Donald Macintosh Chair, ACO Cobourg and East Northumberland Branch, regarding the Strathmore property (309 King Street, East, Cobourg) also known as the Brookside Youth Centre.

• Resolution 556-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Aaron Burchat

  THAT Council receive the correspondence for information purposes.

  Carried

16.3

Correspondence, Diane Chin, Chair of ACO Ontario, regarding Brookside Youth Centre and Meeting with David Piccini, MPP/Minister of the Environment

• Resolution 557-21
  Moved by Councillor Nicole Beatty
  Seconded by Councillor Adam Bureau

  THAT Council receive the correspondence for information purposes. 

  Amended
• Resolution 558-21
  Moved by Councillor Nicole Beatty
  Seconded by Deputy Mayor Suzanne Séguin

  That Council receive the correspondence from ACO Cobourg and East Northumberland Branch and ACO Ontario for information purposes

  And further that Council direct staff to forward the correspondence to MPP David Piccini for information purposes

  And further that Council request MPP David Piccini to attend a future Committee of the Whole to update Council and the public on the following: 1) outcomes from the Imagine Brookside public engagement exercise, 2) update on the status of the Brookside property and 3) provide information about the disposition process of Brookside Youth Centre and possible options through Infrastructure Ontario

  Carried

17.

NOTICE OF MOTION

18.

COUNCIL/COORDINATOR ANNOUNCEMENTS

18.1

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

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

19.

UNFINISHED BUSINESS

19.1

Unfinished Business Tracking Table

20.

CONFIRMATORY BY-LAW

20.1

Bylaw 088-2021, being a bylaw to confirm the proceedings of the Council Meeting of December 13, 2021.

• Resolution 559-21
  Moved by Deputy Mayor Suzanne Séguin

  THAT leave be granted to introduce Bylaw 088-2021 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 December 13, 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. 

  Carried

21.

ADJOURNMENT

• Resolution
  Moved by Councillor Adam Bureau

  THAT the meeting be adjourned (7:48 PM)

  Carried