The Corporation of The Town of Cobourg

COMMITTEE OF THE WHOLE COUNCIL MEETING

MINUTES

Monday, September 26, 2022 at 6:00 P.m. - 7:00 P.m.

Hybrid Meeting (In-Person and Electronic)

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
• Anne Taylor Scott, Director of Planning and Development Services
• Brian Geerts, Director of Community Services
• Krystal Christopher, Deputy Clerk
• Brent Larmer, Municipal Clerk/Director of Legislative Services

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1.

CALL TO ORDER

His Worship Mayor Henderson called the Meeting to Order at 5:37 P.M.

2.

TRADITIONAL LAND ACKNOWLEDGEMENT

His Worship Mayor Henderson recited the Traditional Land Acknowledgement Statement. 

3.

CLOSED SESSION

Council moved into Closed Session at 5:40 PM

• Moved by Deputy Mayor Suzanne Séguin

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

  Carried

3.1

S.239 (2) (a) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose - 

Brian Geerts, Director, Community Services, and  Dave Hancock, Chief Building Official, provided a verbal update regarding their respective matters. Members of Council engaged in a discussion regarding the information provided to which staff responded. 

Closed Session ended at 6:30 PM

Members of Council moved into Open Session at 6:45 PM

4.

ADDITIONS TO THE AGENDA

4.1

Memo from the Director of Legislative Services/Municipal Clerk, regarding the Town of Cobourg Purchase of 117 Durham Street Cobourg from the Kawartha Pine Ridge District School Board (KPRDSB).

• Moved by Deputy Mayor Suzanne Séguin

  THAT the matter be added to the Agenda. 

  Carried

5.

DISCLOSURE OF PECUNIARY (FINANCIAL) INTEREST

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

6.

PRESENTATIONS

6.1

Brent Larmer, Director of Legislative Services/Clerk and Kevin Feagan, Manager, By-law Enforcement and Licensing, regarding an overview of the Administrative Monetary Penalty System for the Town of Cobourg (AMPS).

K. Feagan provided an overview of the  Administrative Monetary Penalties (AMPS) system and spoke to the AMPS Model, Financial Implications, Benefits, and next steps. 

Members of Council raised questions regarding the AMPS system, to which K. Feagan and B. Larmer responded. 

7.

DELEGATIONS

8.

DELEGATION ACTIONS

9.

GENERAL GOVERNMENT SERVICES

9.1

Memo from the Chief Administrative Officer regarding the Service Delivery Report – Quarterly Review

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the Service Delivery Review Report bi-annual review from the Chief Administrative Officer for information purposes.

  Carried

9.2

Memo from the Chief Administrative Officer, regarding the 2022 Organizational Review Update Report

• Moved by Deputy Mayor Suzanne Séguin

  That Council receive this 2022 Organizational Review Update Report for information purposes.

  Carried

9.3

Memo from the Chief Administrative Officer, regarding the 2022 Strategic Plan Report

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the 2022 Strategic Plan Report for information purposes.

  Carried

9.4

Memo from the Director of Legislative Services/Municipal Clerk, regarding the Town of Cobourg Purchase of 117 Durham Street Cobourg from the Kawartha Pine Ridge District School Board (KPRDSB).

• THAT Council receive the report for information purposes; and

  FURTHER THAT Council direct Staff to report back with a land use and disposition strategy for the vacant development land (5 acres) in the first quarter of 2023.

  Carried

9.5

Memo from the Manager, Human Resources, regarding the Non-Union Compensation – Salary Structure

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the Staff Report for information purposes; and 

  FURTHER THAT Council approve the Non-Union Compensation – Salary Structure Policy for the Town of Cobourg Non-Union Employees. 

  Carried

9.6

Memo from the Manager, Human Resources, and the Director, Community Services, regarding the Volunteer Management Policy - Update

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the Staff Report for information purposes; and

  FURTHER THAT Council approve the updated Volunteer Management Policy for the management of Volunteers for the Town of Cobourg. 

  Carried

9.7

Memo from the Grant and Policy Writer, regarding the Electronic Monitoring of Employees Policy- Bill 88 - Digital Platform Workers’ Rights Act, 2022.

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the Staff Report for information purposes; and

  FURTHER THAT pursuant to Bill 88, that Council approve and adopt the Electronic Monitoring of Employees at Work Policy as set out in Schedule “A” of the Staff Report.

  Carried

9.8

Memo from the Grant and Policy Writer, regarding the Town of Cobourg Flag Raising and Proclamation Policy.

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the Staff Report for information purposes; and

  FURTHER THAT Council approve the Town of Cobourg Flag Raising and Proclamation Policy to implement standard procedures for flag raisings, half-staffings, and proclamations in the Town of Cobourg.

  Carried

9.9

Memo from the Grant and Policy Writer, regarding the Town of Cobourg 2022 Grant Update.

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the Staff Report for information purposes

  Carried

9.10

Town of Cobourg Homelessness Update - Verbal - Chief Administrative Officer.

T. Vaughan provided an update to Council regarding the homelessness in Cobourg and provided information on the number of reports for homelessness issues and encampments.  T. Vaughan advised staff are continuously working with community organizations, the County, and HKPR. 

• Moved by Deputy Mayor Suzanne Séguin

  THAT Council receive the September 26, 2022, Homelessness Verbal Update from the Chief Administrative Officer for information purposes.

  Carried

10.

PLANNING AND DEVELOPMENT SERVICES

Council took a recess at 8:09 PM and returned at 830 PM 

10.1

Memo from the Director, Planning and Development, regarding the Clearance of Conditions and Final Subdivision Approval - Marshall Homes (Cobourg) Ltd. – 160 Densmore Road (Northeast Corner of Densmore Road and Birchwood Trail)

• Moved by Councillor Nicole Beatty

  THAT Council receive this Staff Report for information purposes; and

  FURTHER THAT Council authorize Staff to continue to implement the original 2005 draft approval and conditions subject to the minor redlined revisions to the Draft Plan of Subdivision proposing a mix of 39 townhouse units and 84 stacked townhouse units; and

  FURTHER THAT the amendment to Draft Plan Approval be deemed minor in nature and not subject to further notice provisions under the Planning Act; and

  FURTHER THAT Council authorize the preparation of a by-law to be presented at a Regular Council Meeting to authorize the Mayor and Municipal Clerk to execute a Pre-Servicing Agreement and Subdivision Agreement with Marshall Homes (Cobourg) Ltd. for a residential development located at 160 Densmore Road (northeast intersection of Birchwood drive and Densmore Road).

  Carried

10.2

Memo from the Director of Planning and Development, regarding the Cash-in-Lieu of Parking - 173-185 Division Street & 9 Albert Street – Mixed-use Development (2692004 Ontario Inc.

• Moved by Councillor Nicole Beatty

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

  FURTHER THAT Council authorize the preparation of a by-law to be presented at a Regular Council Meeting to authorize the Mayor and Clerk to enter into a Cash-in-Lieu of Parking agreement with 2692004 Ontario Inc. for the purposes of providing relief of ten (10) parking spaces in the amount of $86,930.00 upon resolution of all other site plan matters and approval of the site plan drawings.

  Carried

10.3

Memo from the Director, Planning and Development, regarding the Municipal Land Inventory Engagement Results and Next Steps

• Moved by Councillor Nicole Beatty

  THAT Council receive the Staff Report for information purposes; and

  FURTHER THAT Council approve Priority Site #1 being the lands to the west of Memorial Area as a site to be further reviewed for the potential disposition of land for housing purposes; and

  FURTHER THAT Council direct Planning Staff to further explore one of the following housing options for Priority Site #1:

  1. Tiny Home Demonstration Development;
  2. Transitional Housing; and
  3. Affordable Rental Apartment Building

   

  AND FURTHER THAT Staff report back on the feasibility and options for delivering a housing special project on Priority Site #1 within the first quarter of 2023; and

   

  FURTHER THAT Staff maintain a roster list of the seven (7) remaining sites to form part of the Planning & Development Division’s work program; and to further investigate the remaining sites upon completing the investigation and implementation of any opportunity identified for Priority Site #1.

  Carried

10.4

Memo from Manager, Planning Planning and Development, regarding the Interim Delegation of Authority for Heritage Permit Approvals

• Moved by Councillor Nicole Beatty

  THAT Council receive this Staff Report 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 delegate the authority to issue Heritage Permits, with the exception of major alterations and demolition, to the Director of Planning & Development or their designate until December 31, 2022.

  Carried

10.5

Memo from the Planner II - Development, regarding the approval of an Official Plan Amendment, Zoning By-law Amendment and a Draft Plan of Subdivision for Stage 2, Phase 3 of the New Amherst neighborhood.

• Moved by Councillor Nicole Beatty

  THAT Council receive the Staff Report for information purpose;

  FURTHER THAT Council be advised that the Planning and Development Advisory Committee (PDAC) has duly considered the application by the D.M. Wills Associates Limited on behalf of New Amherst Ltd. for the approval of an Official Plan Amendment, Zoning By-law Amendment and a Draft Plan of Subdivision for Stage 2, Phase 3 of the New Amherst neighborhood, the last phase of the development located on the west side of New Amherst Boulevard; and

  FURTHER THAT Council receive the memo from the Planning and Development Advisory Committee endorsing the conclusions of the Planning Report; and

  FURTHER THAT Council approve the Official Plan amendment as submitted by New Amherst Ltd. and pass a by-law (Appendix IV) for the purposes of approving Official Plan Amendment No. 79 included as Appendix II

  FURTHER THAT Council approve the Zoning By-law Amendment as submitted by New Amherst Ltd. and pass the Zoning By-law Amendment (Appendix V)

  FURTHER THAT Council approve the proposed Draft Plan of Subdivision as submitted by New Amherst Ltd. and pass a By-law (Appendix II) that would have the effect of approving a 13.5 hectare draft plan of subdivision subject to draft plan conditions (Appendix I).

  Carried

10.6

Memo from Planner II - Development, regarding the Clearance of Conditions of Draft Approval & Entering into Pre-Servicing and Subdivision Agreements - Kerr Street Industrial Development (Kwendill Holdings Limited)

• Moved by Councillor Nicole Beatty

  THAT Council receive the Staff Report for information purposes; and

  FURTHER THAT Council authorize the preparation of a by-law to be presented at a Regular Council Meeting to authorize the Mayor and Municipal Clerk to execute a Pre-Servicing Agreement and a Subdivision Agreement with Kwendill Holdings Limited for a six (6) lot industrial subdivision development located on the south side of Kerr Street between Division Street and D’Arcy Street, Cobourg. 

  Carried

10.7

Memo from the Recording Secretary, Cobourg Heritage Advisory Committee, regarding 6 King Street East, 2 King Street East Block, HP-2022-045

• Moved by Councillor Nicole Beatty

  THAT Council receive the memo from the Cobourg Heritage Advisory Committee and grant the approval of Heritage Permit No. HP-2022-045 pertaining to the single ground floor window replacement with a new commercial door and facade works at 6 King Street East, Cobourg as submitted by Chris Boot of Historic Brick Co., subject to the finalization of details by heritage planning staff.

  Carried

10.8

Memo from the Recording Secretary, Cobourg Heritage Advisory Committee regarding 3 Swayne Street, HP-2022-046

• Moved by Councillor Nicole Beatty

  THAT Council receive the memo from the Cobourg Heritage Advisory Committee and grant the approval of Heritage Permit No.HP-2022-046, pertaining to window replacement with wood replications and facade works at 3 Swayne Street, Cobourg as submitted by Chris Boot of Historic Brick Co., subject to the finalization of details by heritage planning staff.

  Carried

10.9

Memo from the Recording Secretary, Cobourg Heritage Advisory Committee regarding 48 Park Street, HP-2022-047

• Moved by Councillor Nicole Beatty

  THAT Council receive the memo from the Cobourg Heritage Advisory Committee and grant the approval of Heritage Permit No. HP-2022-047, pertaining to the new 720 sq. ft. coach house (30’x24’) accessory dwelling at 48 Park Street, Cobourg as submitted by Andrew Smith Building Design, subject to the finalization of details by heritage planning staff.

  Carried

10.10

Memo from the Recording Secretary, Cobourg Heritage Advisory Committee, regarding 540 King Street East

• Moved by Councillor Nicole Beatty

  THAT Council receive the memo from the Cobourg Heritage Advisory Committee recommending that the process be started to designate 540 King Street East, Cobourg as recommended in the Cultural Heritage Impact Assessment (CHIA) dated April 05, 2022.

  Carried

11.

PUBLIC WORKS SERVICES

11.1

Memo from the Administrator, Engineering and Public Transit, regarding the Community Care MOU – Backup WHEELS Transportation Service

• Moved by Councillor Brian Darling

  THAT Council receive the Staff Report for information purposes; and

  FURTHER THAT Council authorize the Mayor and Clerk to execute a memorandum of understanding with Community Care Northumberland to provide a backup WHEELS transportation service in the event of a driver shortage in the Town of Cobourg.

   

  Carried

12.

PARKS AND RECREATION SERVICES

12.1

Memo from the Director, Community Services, regarding the Memorial Arena: New Use Recommendations

• Moved by Councillor Emily Chorley

  THAT Council receive the Staff Report and the attached business plan proposals from Top Prize Events and the Canadian Fire Fighter’s Museum for information purposes; and

  FURTHER THAT Council direct staff to negotiate a lease with the Canadian Fire Fighter’s Museum using the successful operating model of the Jack Heenan/ Northumberland Curling Club as a template; and

  FURTHER THAT Council direct staff to complete a detailed review of the gravel lot portion of the Memorial Arena site as a potential site to mitigate the ongoing effects of the housing crisis as also identified in the Planning Division’s work on Potential Affordable Housing Sites.

  Carried

12.2

Memo from the Director, Community Services, regarding the Harbour Infrastructure Repairs – Tender Update

• Moved by Councillor Emily Chorley

  THAT Council receive the Staff Report for information purposes, and

  FURTHER THAT Council approve the cancellation of Tender CO-22-22 “Harbour Infrastructure Repairs” due to budgetary limitations; and

  FURTHER THAT the project costs be re-estimated and a debt-financing strategy be presented to Council at the outset of the 2023 budget process.

  Carried

12.3

Memo from the Director, Community of Services, regarding the 2022 Lease Renewals

• Moved by Councillor Emily Chorley

  THAT Council receive the Staff Report for information purposes; and 

  FURTHER THAT Council authorize the preparation of a by-law to be presented at a Regular Council Meeting to authorize the Mayor and Municipal Clerk to execute a lease amendment agreement with the West Northumberland Curling Club for the Jack Heenan Arena at 206 Furnace Street, Cobourg for the additional purposes as approved by Council on August 22, 2022, until the end of their current lease: August 31 2029.

  Carried

12.4

Memo from the Chair, Parks and Recreation Advisory Committee, regarding the Parks and Recreation Advisory Committee 2021-2022 Annual Report

• Moved by Councillor Emily Chorley

  THAT Council receive the memo regarding the Annual Report for the Parks and Recreation Advisory Committee 2021-2022, for information purposes.

  Carried

12.5

Memo from the Recording Secretary, Parks and Recreation Advisory Committee, regarding the Cobourg Community Centre Pro Shop Lease

• Moved by Councillor Emily Chorley

  THAT Council receive the memo from the Parks and Recreation Advisory Committee recommending that the Cobourg Community Centre Pro Shop lease be renewed for a five (5) year term at 2% per year increase, subject to the finalization of minor details by staff.

  Carried

12.6

Memo from the Recording Secretary, Parks and Recreation Advisory Committee, regarding the Facility Allocation Recommendation

• Moved by Councillor Emily Chorley

  THAT Council receive and endorse the memo from the Parks and Recreation Advisory Committee regarding the updating of the Facility Allocation Policy.

  Carried

12.7

Memo from the Recording Secretary, Parks and Recreation Advisory Committee, regarding the Management of Invasive Species Policy Recommendation

• Moved by Councillor Emily Chorley

  THAT Council receive and endorse the memo from the Parks and Recreation Advisory (PRAC) Committee recommending that an invasive species management policy be developed by the Town of Cobourg.

  Carried

12.8

Memo from the Recording Secretary, Parks and Recreation Advisory Committee, regarding the McMurdo Park Play Structure

• Moved by Councillor Emily Chorley

  THAT Council receive and endorse the memo from the Parks and Recreation Advisory Committee recommending that funding for a play structure in McMurdo Park be included in the 2023 capital budget.

  Carried

13.

PROTECTION SERVICES

13.1

Memo from the Manager, By-law Enforcement and Licensing, regarding implementation of the Administrative Monetary Penalty System for the Town of Cobourg.

• Moved by Councillor Aaron Burchat

  THAT Council receive the Staff Report for information purposes; and

  FURTHER THAT Council approve the recommendations as recommended by Staff as follows:

  1. That Council authorize the preparation of various By-laws to be presented at a Regular Council Meeting that pass by-laws pursuant to the Municipal Act, 2001 as required to enact the Alternative Monetary Penalty System for the Town of Cobourg.
     1. Appendix A, Administrative Penalty System By-law;
     2. Appendix B, Hearing Officer By-law;
     3. Appendix C, Enforcement By-law;
     4. Appendix D, By-law to amend User Fees By-law; and
     5. Appendix E, By-law to amend Parking By-law;

         

  2. THAT the Director of Legislative Services be delegated to appoint a Hearing Officer as an adjudicator for disputes that are unable to be resolved through the Screening process.

      

  3. THAT each Hearing Officer be compensated on an as-needed basis at the rate of: i) $350 for hearings, individually or collectively, exceeding 3.5 hours on any day; and ii) $275 for hearings, individually or collectively, not exceeding 3.5 hours on any day; and

      

  4. THAT the Mayor and Clerk be authorized to execute inter-municipal service agreements with Northumberland County municipalities on terms acceptable to the Director of Legislative Services/Municipal Clerk and in forms acceptable to the Town’s Solicitor pursuant to which the Town of Cobourg may administer those municipalities’ administrative monetary penalty systems.
  Carried

14.

ARTS CULTURE AND TOURISM SERVICES

15.

UNFINISHED BUSINESS

15.1

Unfinished Business Tracking Table

16.

COMMITTEE OF THE WHOLE OPEN FORUM

17.

ADJOURNMENT

• Moved by Councillor Brian Darling

  THAT the meeting be adjourned. (10:25 PM) 

  Carried