THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE

COUNCIL MINUTES

Tuesday, November 07, 2023 at 6:30 P.m. - 7:30 P.m.

Town Hall

Council Chambers, 56 Queen St

Port Hope ON

Present:

• Mayor Olena Hankivsky
• Councillor Les Andrews
• Deputy Mayor Attridge
• Councillor Chris Collins
• Councillor Claire Holloway Wadhwani
• Councillor Vicki Mink
• Councillor Adam Pearson

Staff:

• Brian Gilmer, Interim CAO
• David Baxter, Director, Finance
• Jeanette Davidson, Director, Works and Engineering
• Todd Davis, Director, Planning and Development
• Kate Ingram, Acting Director, Corporate Services and Manager, Communications
• Julia Snoek, Director, Parks, Recreation and Culture
• Jason Williams, Director, Protective Services
• Shrishma Davé, Acting Municipal Clerk/ Manager, Legislative Services
• Amanda Millar, Acting Deputy Clerk

Minutes of the Regular Meeting of the Corporation of the Municipality of Port Hope were held at 56 Queen Street, Port Hope, Ontario

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1.

Call to Order

The Council meeting was called to order at 6:30 p.m.

1.1

Moment of Silent Reflection

1.2

Land Acknowledgement

Mayor Hankivsky acknowledged that the Municipality of Port Hope exists on the lands of the Michi Saagiig Anishnaabeg traditional territory covered by the Williams Treaties. We honour and recognize First Peoples as rights holders and stewards of the lands and waters on which we have the privilege to live, work, and play, including the Ganaraska Forest and River. We pay respect to Elders past, present and emerging.

We commit to actions towards Truth and Reconciliation by recognizing the United Nations Declaration on the Rights of Indigenous Peoples, strengthening ties with First Nations, Métis, and Inuit peoples - especially those who make their home in Port Hope, and learning from Indigenous ways of knowing and being. We do so by recognizing the past and working towards a shared future.

1.3

Community Updates

Mayor Hankivsky provided an update with respect to:

• Administrative office closures on Friday, November 10, in observance of Remembrance Day.
• The capital and operating budgets are under development, and there are several opportunities for the community to engage as part of the budget process.
• Advisory Boards and Committees Recruitment is now open.
• Further updates regarding the walk-in clinic, salmon fishing on the Ganaraska River, and various items of community interest.

2.

Disclosure of Pecuniary Interest and the Nature Thereof

None declared.

3.

Closed Session

• Moved by Councillor Pearson
  Seconded by Councillor Collins

  Council held a closed session at 5:00 p.m. in accordance with the provisions of the Municipal Act, in order to address items pertaining to a proposed or pending acquisition or disposition of land by the municipality or local board - Section 239(2)(c) - (Municipal Property Inquiry) ; litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality or local board - Section 239(2)(e) and advice that is subject to solicitor/client privilege, including communications necessary for that purpose - Section 239(2)(f) - (OLT-23-000360 - 3852 Ganaraska Road) and personal matters about an identifiable individual, including municipal or local board employees - Section 239(2)(b) - (Local Board).

  Carried

  Mayor Hankivsky advised that during the closed session, Council approved the previous closed session minutes of October 17, 2023. Mayor Hankivsky also advised that Council received updates from staff and legal counsel on the above-noted matters. Council provided direction with relation to OLT-23-000360 - 3852 Ganaraska Road. She advised that direction with respect to this matter had been provided to staff and legal counsel, and would return to Council for further consideration. She also advised that as more information becomes available, it will be shared through regular communication channels.

  
  

4.

CONSENT AGENDA - Approval of the Minutes of Previous Meetings

• Moved by Councillor Collins
  Seconded by Deputy Mayor Attridge

  That the Council Meeting minutes of October 17, 2023, the Committee of the Whole Meeting minutes of October 17, 2023 and the Special Council Meeting minutes of October 30, 2023 be approved as circulated.

  Carried

4.1

Council Meeting Minutes of October 17, 2023

4.2

Committee of the Whole Meeting Minutes of October 17, 2023

4.3

Special Council Meeting Minutes of October 30, 2023

5.

Business from Previous Minutes and Notification of New Business

None.

6.

Petitions and Delegations

None.

7.

Correspondence

None.

8.

Staff and Committee Reports

None.

9.

CONSENT AGENDA - Resolutions

9.1

57/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Council received correspondence from MPP of Waterloo in support of Bill 21, Fixing Long-Term Care Amendment Act (Till Death Due Us Part), 2022;
  
  AND WHEREAS Bill 21 amends the Residents' Bill of Rights set out in section 3 of Fixing Long-Term Care Act, 2021 by adding the rights of residents not to be separated from their spouse upon admission but to have accommodation made available for both spouses so that they may continue to live together;
  
  AND WHEREAS Ontario seniors deserve dignity in care and should have the right to live with their partner as they age;
  
  NOW THEREFORE BE IT RESOLVED THAT Council for the Municipality of Port Hope supports the correspondence received from MPP Catherine Fife dated September 25, 2023 requesting support for Bill 21 - Fixing Long Term Care Amendment Act (Till Death Do Us Part); 
  
  AND BE IT FURTHER RESOLVED THAT this resolution be circulated to all Northumberland Municipalities.

  Carried

9.2

58/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Committee of the Whole at their meeting held on October 17, 2023 considered Staff Report CS-14-23 regarding the Inter-Municipal Working Group on Housing / Homelessness - Next Steps;
  
  NOW THEREFORE BE IT RESOLVED THAT Council identifies the two (2) Council Members being Councillor Holloway Wadhwani and Deputy Mayor Attridge to participate in the Inter-Municipal Working Group on Housing and Homelessness, as outlined in the Municipality of Brighton’s motion (attached hereto as Appendix A); 
  
  AND BE IT FURTHER RESOLVED THAT the appointed Port Hope representatives be directed to provide regular updates to Port Hope Council with respect to the developments of the Working Group on Housing and Homelessness;
  
  AND BE IT FURTHER RESOLVED THAT the appointed Port Hope representatives be directed to advocate that the Working Group give consideration to mandate, reporting relationships, timelines, staff resourcing requirements and secretariat responsibilities;
  
  AND BE IT FURTHER RESOLVED THAT development of the terms of reference and further details of the Housing Committee, as requested by Council on May 2, 2023 through Resolution 24/2023, be referred to the Inter-Municipal Working Group on Housing and Homelessness for further discussion; 
  
  AND BE IT FURTHER RESOLVED THAT a copy of this resolution, along with Report CS-14-23, be circulated to all Northumberland Municipalities.

  Carried

9.3

59/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS the Municipality of Port Hope has received development applications within the rural development areas, and where a subwatershed study and a secondary plan has not been developed, and
  
  WHEREAS the Municipality will begin updating the Official Plan in 2024 and this will include the rural development areas, and
  
  WHEREAS subwatershed planning approaches are intended to support land use and infrastructure planning, promote informed decision making, and lead to greater efficiency and effectiveness of the land use planning process, and
  
  WHEREAS subwatershed planning for land-use planning is a responsibility of the planning authority, usually a municipality, under the Provincial Policy Statement (PPS) and provincial plans, and
  
  WHEREAS subwatershed planning strives to protect, enhance and restore the quality and quantity of water and maintain and restore/enhance critical natural system interactions, functions, and resiliency, while informing development and infrastructure planning, and
  
  WHEREAS subwatershed planning informs site-specific development applications, official plan amendments, site plans, zoning, plans of subdivision, secondary plans, master environmental servicing plans and environmental approvals, and
  
  WHEREAS subwatershed planning and secondary plans will better direct planning authorities to coordinate planning matters and consider cross jurisdictional and cross-watershed impacts, and
  
  WHEREAS cost-sharing arrangements for subwatershed studies can be made in partnership with the Municipality and participating landowners/developers;
  
  NOW THEREFORE BE IT RESOLVED THAT the Municipality of Port Hope direct staff to include a subwatershed study for the hamlet of Osaca and the Garden Hill area in the 2024 Annual Budget deliberations for discussion and consideration; 
  
  AND BE IT FURTHER RESOLVED THAT the amount to be considered is $150,000 to $225,500 over 2 years for Osaca with an annual cost estimate of $75,000 to $108,750; and that a request for quote on potential costs of a similar study in Garden Hill also be included.

  Carried

9.4

60/2023

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Committee of the Whole at their meeting held on October 17, 2023 considered Staff Report PRC-12-23 regarding Port Hope Racquet Club Winter Tennis Proposal;
  
  NOW THEREFORE BE IT RESOLVED THAT Council approve the following:

  1. The Port Hope Racquet Club Winter Tennis project in principle, with conditions as outlined in Report PRC-12-23; and
  2. The partial funding of the geotechnical study and site survey as outlined in Report PRC-12-23; and
  3. That Council support the Port Hope Racquet Club launching a community fundraising campaign.
  Carried

9.5

61/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Committee of the Whole at their meeting held on October 17, 2023 considered Staff Report WE-18-23 regarding Wastewater Treatment Plant Onsite Pumping Station Flow Meter Replacement Project;
  
  NOW THEREFORE BE IT RESOLVED THAT Council authorize an additional $44,673 from the Wastewater Reserve to fund the additional amount required for the Wastewater Treatment Plant (WWTP) Onsite Pumping Station Flow Meter Replacement Project; 
  
  AND BE IT FURTHER RESOLVED THAT the contract be issued in advance of Council ratification on November 7, 2023 to allow the flow meter to be purchased, delivered, and installed during the already planned by-pass pumping.

  Carried

9.6

62/2023

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Committee of the Whole at their meeting held on October 17, 2023 considered Staff Report PS-12-23 regarding Emergency Use Agreement for the Jack Burger Sports Complex between Northumberland County and the Municipality of Port Hope;
  
  NOW THEREFORE BE IT RESOLVED THAT Council enter into an agreement (attached hereto as Appendix A) with Northumberland County for emergency use of the Jack Burger Sports Complex (JBSC) as an Emergency Evacuation Centre; 
  
  AND BE IT FURTHER RESOLVED THAT the Mayor and Chief Administrative Officer be directed to execute the agreement on behalf of the Municipality of Port Hope. 

  Carried

9.7

63/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Committee of the Whole at their meeting held on October 17, 2023 considered Staff Report PD-40-23 regarding 95 Mill Street South - Land Use and Disposition Strategy;
  
  NOW THEREFORE BE IT RESOLVED THAT Council direct Staff to:

  1. Implement the requirements of By-law 88/2008 being a By-law to Establish Procedures Governing the Sale of Surplus Lands by the Corporation of the Municipality of Port Hope as they pertain to the Subject Property; and further,
  2. That Council direct staff to incorporate special conditions into the Agreement of Purchase and Sale for the Subject Property which govern the provision of affordable housing and publicly-accessible space within any new development on the site.
  Carried

9.8

64/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS the Audit Committee at their October 24, 2023 meeting recommended a Resolution be presented to Council to approve the Draft 2022 Financial Statements;
  
  NOW THEREFORE BE IT RESOLVED THAT Council approve the Draft 2022 Audited Financial Statements attached hereto as Appendix "A".

  Carried

9.9

65/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Council at an In-Camera meeting held on October 17, 2023 considered Confidential Staff Report FS-19-23 regarding Non-Union Market Compensation Review;
  
  NOW THEREFORE BE IT RESOLVED THAT Council direct staff to implement the updated Non-union compensation structure at the 60^th percentile, and further direct staff to revise the Compensation Administration Policy to align with the principles detailed in the Confidential In-Camera Report FS-19-23.

  Carried

9.10

66/2023 

• WHEREAS Council at a Special Council meeting held on October 30, 2023 considered Staff Report CS-16-23 regarding Draft Procedure By-law - Result of Review and Suggested Changes;
  
  AND WHEREAS Council at the Special Council meeting held on October 30, 2023 provided feedback and direction to staff with respect to the proposed by-law and meeting schedule, which have been incorporated; 
  
  NOW THEREFORE BE IT RESOLVED THAT Council approve the 2024 Council and Committee of the Whole meeting schedule attached hereto as Appendix "A".

  See Following Motion
• Moved by Deputy Mayor Attridge
  Seconded by Councillor Holloway Wadhwani

  That the meeting schedule be referred to staff to bring back at the November 21 Council meeting with the following adjustments: the meeting schedule be amended to a three week schedule as originally recommended by staff on October 30, 2023, but with Council meetings at 5:00 p.m. and Committee of the Whole at 5:00 p.m.; and

  That the revised schedule include placeholders for public meetings and special council meetings to take place generally on Tuesdays at 5:00 p.m., as required.

  Carried

9.11

67/2023 

• Moved by Councillor Pearson
  Seconded by Deputy Mayor Attridge

  WHEREAS Council at a Special Council meeting held on October 30, 2023 considered Staff Report CS-16-23 regarding Draft Procedure By-law - Result of Review and Suggested Changes;
  
  AND WHEREAS Council at the Special Council meeting held on October 30, 2023 provided feedback and direction to staff with respect to the proposed Petition Policy, which have been incorporated; 
  
  NOW THEREFORE BE IT RESOLVED THAT Council adopt the Petition Policy attached hereto as Appendix "A".

  Carried

10.

By-laws

10.1

58/2023 

• Moved by Councillor Holloway Wadhwani
  Seconded by Councillor Pearson

  NOW THEREFORE BE IT RESOLVED THAT By-law 58/2023 being a By-law to declare lands legally described as Lot 229 to 237 E Mill St Lot 154 to 160 W King St, municipally known as 95 Mill Street South as surplus to 
  the Corporation of the Municipality of Port Hope’s Needs be read a first and second time.

  Carried

10.2

59/2023 

• Moved by Councillor Pearson
  Seconded by Councillor Holloway Wadhwani

  NOW THEREFORE BE IT RESOLVED THAT By-law 59/2023 being a By-law to Authorize Execution of a Watermain Easement, Transfer and Construction Agreement with Cameco Corporation, Cameco Property Holdings 
  Inc. and the Municipality of Port Hope to transfer the ownership of a watermain from the Municipality of Port Hope to Cameco Corporation be read a first and second time.

  Carried

10.3

60/2023 

• Moved by Deputy Mayor Attridge
  Seconded by Councillor Collins
  1. That By-law 60-2023 be referred to staff to bring back at the November 21 Council meeting with the following adjustments: Inclusion of the revised meeting schedule as originally recommended by staff on October 30, 2023, with the exception of Council and Committee of the Whole meetings to be held on Tuesdays at 5:00 p.m., and placeholders for public or special meetings on Tuesdays at 5:00 p.m.; and
  2. That the Notice of Motion process be amended to be in line with the meeting schedule, where the initial notice is provided at a Council meeting, to be discussed at the subsequent Committee of the Whole meeting, and then final disposition at Council, as originally proposed by staff; and
  3. That the Clerk be authorized to make any further administrative changes to the by-law to reflect these amendments.
  Carried
• Moved by Councillor Pearson
  Seconded by Councillor Holloway Wadhwani

  NOW THEREFORE BE IT RESOLVED THAT By-laws 58/2023 and 59/2023 be read a third time, passed and that the said By-laws be signed by the Mayor and Clerk, sealed with the seal of the Corporation, and engrossed in the By-law Book.

  Carried

11.

New and Other Business

None.

12.

County Update

Mayor Hankivsky provided a County Update on issues related to affordable housing, homelessness and other county matters. 

13.

Question Period

Council - None.

Media - None.

Public - S. Turck and D. Janes, County Rd 10, inquired regarding Item 7.1.1 on the Committee of the Whole agenda following the November 7 Council meeting, and when they would have an opportunity to ask questions. 

J. Frenke, unknown address, regarding the length of time shelter will be provided to homeless residents according to the County Update by the Mayor.

E. White, Mill St S, regarding the proposed Council and Committee of the Whole meeting schedule.

D. Irwin, 60 Francis St, regarding the proposed Council and Committee of the Whole meeting schedule and the earlier meeting time.

P. Clancy, unknown address, regarding the proposal for George Hamilton School and the usage of Brookside Facility in Cobourg.

E. Hamm, unknown address, commented regarded the proposed Council and Committee of the Whole meeting schedule, and the proposed use of George Hamilton School.

14.

Confirmatory By-law

14.1

61/2023

• Moved by Councillor Collins
  Seconded by Councillor Pearson

  NOW THEREFORE BE IT RESOLVED THAT By-law 61/2023 being a By-law to Confirm the Proceedings of the Council of the Corporation of the Municipality of Port Hope at its Regular Council meeting held on November 7, 2023 be read a first, second and third time, passed and that the said By-law be signed by the Mayor and Clerk, sealed with the seal of the Corporation, and engrossed in the By-law Book.

  Carried

15.

Adjournment

Council meeting adjourned at 7:31 p.m.