Regular Council

MOTION TO SUSPEND THAT Council suspend the rules and regulations of Procedural By-law 2023-085-RE, as amended, section (8.16) pertaining to a Notice of Motion, to allow the motion to be considered today.

THAT Council confirm the agenda, as amended.

THAT Council meet in Closed Session at 4:08 p.m. in accordance with the Municipal Act, 2001 regarding:  personal matters about an identifiable individual, including municipal or local board employees (s. 239 (2) (b)); and  advice that is subject to solicitor-client privilege, including communications necessary for that purpose (s. 239 (2) (f)).

THAT Council receive the presentation from Honourable, David Piccini, Minister of Labour, Immigration, Training and Skills Development and Northumberland - Peterborough South MPP, regarding Strategic Priorities, for information purposes.

THAT Council approve the minutes of Cobourg Municipal Council, as circulated.

THAT Council receive the minutes of Cobourg Municipal Standing Committees for informational purposes.

THAT Council refer the delegation from Ted Williams regarding the election process for determining the position of Deputy Mayor to staff for a report back.

THAT Council receive the delegation from Ted Williams regarding the election process for determining the position of Deputy Mayor for information purposes.

THAT Council proclaim the month of October as Canadian Library Month in the Town of Cobourg.

THAT Council adopt the following recommendations from the Standing Committees contained within the consent agenda as a single motion. 14.1 Strategic Priorities and Policy Standing Committee 14.1.1 Delegation from Russ Christianson, on behalf of the Community Foundation of Campbellford/Seymour and Northumberland regarding grants programs and a letter of support WHEREAS at the Strategic Priorities and Policy Standing Committee meeting on September 3, 2024, the Committee considered the delegation from Russ Christianson, on behalf of the Community Foundation of Campbellford/Seymour and Northumberland, regarding grants programs and a letter of support. NOW THEREFORE BE IT RESOLVED THAT Council refer the delegation from Russ Christianson on behalf of the Community Foundation of Campbellford/Seymour and Northumberland regarding grants programs for information and direct staff to draft a letter of support to be provided to the Foundation as requested; and FURTHER THAT Council direct staff to report back on the community grants program. Page 7 of 37 September 25, 2024 14.1.2 Code of Conduct Complaint Report from the Town of Cobourg Integrity Commissioner WHEREAS at the Strategic Priorities and Policy Standing Committee meeting on September 3, 2024, the Committee considered the Code of Conduct Complaint Report from the Town of Cobourg Integrity Commissioner. NOW THEREFORE BE IT RESOLVED THAT Council receive the Code of Conduct Complaint Report from the Town of Cobourg Integrity Commiss

WHEREAS at the Corporate Finance and Legislative Standing Committee meeting on September 5, 2024, the Committee considered the delegation from Victor Svenningson, Jack Boyagian, Bill Walker, Jackie Tinson, Lyndsey Sneddon on behalf of the Northumberland Players regarding renovations to the Fire Hall Theatre. NOW THEREFORE BE IT RESOLVED THAT Council refer the delegation from Victor Svenningson, Jack Boyagian, Bill Walker, Jackie Tinson, Lyndsey Sneddon on behalf of the Northumberland Players regarding renovations to staff for a report back at the December 18, 2024 Regular Meeting.

MOTION TO AMEND That the wording in the last paragraph of the motion be replaced with the following: FURTHER THAT Council appoint the Sustainability Coordinator to the Food Policy Council.

WHEREAS at the Strategic Priorities and Policy Standing Committee meeting on September 3, 2024, the Committee considered the delegation from Bob Garthson and Russ Christianson, on behalf of the Northumberland County Food Policy Council, regarding the Northumberland County Food Policy Council and the Official Plan Report. NOW THEREFORE BE IT RESOLVED THAT Council refer the delegation from Bob Garthson and Russ Christianson on behalf of the Northumberland County Food Policy Council regarding the Policy Council and the Official Plan Report to staff for a report back; and FURTHER THAT Council direct Staff to incorporate and implement the policy recommendations in the “Northumberland County Food Policy Council and the Official Plan Report”; and FURTHER THAT Council appoint the Sustainability Coordinator to the Food Policy Council.

WHEREAS at the Community Services, Protection, and Economic Development Standing Committee meeting on September 4, 2024, the Committee considered the delegation from Eunice Kirkpatrick, on behalf of YMCA Northumberland, regarding request for the Town to move forward and endorse a new YMCA Northumberland site build. NOW THEREFORE BE IT RESOLVED THAT Council refer the delegation from Eunice Kirkpatrick on behalf of YMCA Northumberland regarding a request for the Town to move forward and endorse a new YMCA Northumberland site build to staff for a report back.

MOTION TO AMEND That the following wording be removed from the motion: Repeal automatic authority to County CAO to use Town assets for emergency encampments

MOTION TO AMEND That the following wording be removed from the motion: Repeal Town support of MSTH resolution; and That the following wording be added to the motion: FURTHER THAT Council repeal the June 27, 2022 proclamation of International Overdose Awareness Day.

MOTION TO AMEND That the following wording be removed from the motion: Nominate CLC members that will hold stakeholders accountable

WHEREAS at the Community Services, Protection, and Economic Development Standing Committee meeting on September 4, 2024, the Committee considered the delegation from James Bisson regarding Brookside encampment relocation. NOW THEREFORE BE IT RESOLVED THAT Council refer the delegation from James Bisson regarding the Brookside encampment relocation to staff for a report back for the following items:  Enact a “Tents and Encampment By-law” to prohibit the formation of encampments on public property and private property without a license (Zoning by-law)  Review ECE By-law regarding overlap during 310 Division Transition and potential provider amalgamation  Enact a “Community Organizations and Advocacy Registry” for management and public scrutiny  Nominate a councilor as Town Liaison and spokesperson on Encampment issues  Launch public engagement campaign with updates, polling, and public debates FURTHER THAT Council repeal the June 27, 2022 proclamation of International Overdose Awareness Day.

WHEREAS at the Strategic Priorities and Policy Standing Committee meeting on September 3, 2024, the Committee considered the delegation from Linda Laliberte and Matt Provost regarding 2025 Ontario Curling Championship Sponsorship. NOW THEREFORE BE IT RESOLVED THAT Council refer the delegation from Linda Laliberte and Matt Provost on behalf of the West Northumberland Curling Club regarding 2025 Ontario Curling Championship Sponsorship to staff for a report back.

THAT Council receive this report for information purposes; and FURTHER THAT Council commit to being the Top Sponsor for the 2025 Provincial Curling Championships and directs staff to add an entry for a $30,000 sponsorship package to the 2025 budget in the most appropriate cost centre; and FURTHER THAT Council encourage the community to support the event as a patron, volunteer, or participant.

MOTION TO AMEND That the following wording replace the final paragraph in the motion: FURTHER THAT prior to Council not wishing to proceed with designation of the building intended for demolition at 66 Swayne Street, that Council direct the Director of Planning not to proceed with designation of the building provided until items 1 through 5 are addressed by the landowner’s heritage consultant, Martindale Planning Services, to be confirmed complete by the Municipality’s heritage consultant, LHC Heritage Planning & Archaeology Inc.

WHEREAS at the Public Works Planning and Development Standing Committee meeting on September 2, 2024, the Committee considered Report No. DS-2024-018 from Director of Planning and Development regarding Restriction on Demolition - 66 Swayne Street; and WHEREAS at the Heritage Advisory Committee Meeting on September 16, 2024 the Committee considered a report regarding the Restriction on Demolition - 66 Swayne Street. NOW THEREFORE BE IT RESOLVED THAT Council approve the revised motion as recommended by Staff: That Council receive the notice of the owner’s intention to demolish the building or structure or to permit the demolition or removal of the building or structure at 66 Swayne Street through Council Correspondence; and FURTHER THAT prior to Council not wishing to proceed with designation of the building intended for demolition at 66 Swayne Street, that Council direct the Director of Planning not to proceed with designation of the building provided until items 1 through 5 are addressed by the landowner’s heritage consultant, Martindale Planning Services, to be confirmed complete by the Municipality’s heritage consultant, LHC Heritage Planning & Archaeology Inc.

MOTION TO AMEND That the following wording be added to the motion: FURTHER THAT Council receive the correspondence from Dick Kauling and refer to staff for consideration in an amended by-law when 2025 rates are brought to Council for approval prior to the end of 2024.

THAT Council direct Staff to reconcile the stormwater charges in accordance with Option B of the revised rate structure presented to Council on June 26, 2024 retroactively to January 1, 2023 and that refunds in the form of a cheque be limited to a minimum value of $300.00; and FURTHER THAT Council enact By-law No. 057-2024, the Stormwater Charge By-law; and FURTHER THAT Council receive the correspondence from Dick Kauling and refer to staff for consideration in an amended by-law when 2025 rates are brought to Council for approval prior to the end of 2024.

WHEREAS at the Strategic Priorities and Policy Standing Committee meeting on September 3, 2024, the Committee considered Report No. LS- 2024-021 from Deputy Clerk/Manager, Legislative Services regarding Procedural By-law Review and Amendments. NOW THEREFORE BE IT RESOLVED THAT Council receive this report for information purposes; and FURTHER THAT Council direct Staff to repeal and replace the Procedural By-law and approve any additional amendments as required during Council review and discussion for incorporation in the final draft. Page 21 of 37 September 25, 2024 Recorded vote requested by Councillor Miriam Mutton NO (1): Councillor Miriam Mutton YES (6): Councillor Randy Barber, Deputy Mayor Nicole Beatty, Mayor Lucas Cleveland, Councillor Adam Bureau, Councillor Brian Darling, Councillor Aaron Burchat

WHEREAS at the Corporate Finance and Legislative Standing Committee meeting on September 5, 2024, the Committee considered Report No. COR-2024-015 from Treasurer/Director of Corporate Services regarding 2025 User Fees. NOW THEREFORE BE IT RESOLVED THAT Council receive the Comprehensive User Fee Study for information purposes; and FURTHER THAT Council authorize the preparation of a Fees and Charges By-law to be approved at the October 23, 2024 meeting.

THAT Council endorse the Cobourg Heritage Advisory Committee’s recommendation to approve Heritage Permit application HP-2024-014 for the proposed detached garage situated at 246 Mathew Street; and FURTHER THAT Council approve Heritage Permit application HP-2024- 014, submitted by Pauline Jackie Dillion.

THAT Council authorize Staff to submit a funding application for the Flood Hazard Identification and Mapping Program; and FURTHER THAT Council approved a total budget of $205,000 to be funded by the stormwater reserve over a period of three (3) years; and FURTHER THAT Council delegate authority to Staff to execute the necessary documents for the funding application, the transfer payment agreement, and funding claims should the Town be successful.

THAT Council authorize the Mayor and Municipal Clerk to execute a Transfer Payment Agreement (TPA) with the Government of Ontario represented by the Minister of Infrastructure for the Housing-Enabling Water Systems Fund (HEWSF); and FURTHER THAT Council enact By-law No. 055-2024 to authorize the execution of a TPA for the Ontario Transfer Payment Agreement HEWSF; and FURTHER THAT Council endorse the award of the first phase of construction to Behan Construction; and FURTHER THAT Council authorize staff to engage CIMA+ to prepare a tender package on behalf of the Town for the scope of trunk sanitary and watermain works identified in the TPA for an upset fee of $40,000, which will be 73% funded through the TPA and the remaining balance by development charges; and FURTHER THAT Council approve a budget for the Town’s portion of the funding in the amount of $9,251,694.11 which will be debentured and re- paid to the Town through development charges as development progresses. Page 23 of 37 September 25, 2024

THAT Council receive the report and analysis from staff outlining the options for billing water, wastewater, and stormwater for information purposes; and FURTHER THAT Council direct staff to negotiate with Lakefront Utility Services Inc. on an updated contract for billing water, wastewater, and stormwater.

MOTION TO EXTEND MEETING THAT Council extend the duration of the meeting past four (4) hours, pursuant to subsection 5.9 (a) of the Procedural By-law 085-2023.

MOTION TO AMEND That the motion wording be replaced with the following: WHEREAS the transient visiting boater traffic and berth needs can vary significantly between weekends and during the week; and WHEREAS local boaters are requesting more access to berths/slips so that local residents have more access to slips in their local marina; and WHEREAS the current policy may be to the disadvantage of local residents and boat owners. NOW THEREFORE BE IT RESOLVED THAT Council direct/request staff to review the current slip allocation policy which includes reserves of 50 slips strictly for visitors; and FURTHER THAT Council direct staff to report back at a Spring 2025 meeting with prioritized recommendations to update the current policy for improved services for both visitors and local residents.

THAT Council receive the correspondence from Ted Williams, resident of Cobourg, regarding Marina Allocation policy for information purposes.

MOTION TO AMEND That the motion be replaced with the following wording: WHEREAS the increased importation and use of non-Original Equipment Manufacturer (OEM) aftermarket batteries is presenting a significant increase in fire and explosion, putting citizens and responding personnel in danger; and WHEREAS these aftermarket batteries are not Underwriter Laboratories of Canada (ULC) certified but can be imported into Canada without any associated regulations; and WHEREAS unlicensed persons and locations can store and modify lithium-ion batteries in our communities without regulations, providing dangerous conditions within a community and charging these batteries within the home or multi-unit dwellings can result in larger fires with grave results; and WHEREAS as Canada becomes more aware of Green Energy solutions, these batteries are used more often, increasing the danger to our communities. NOW THEREFORE BE IT RESOLVED THAT the Town of Cobourg supports the resolution from the from Municipality of Wawa regarding regulations for the importation of safe use of lithium-ion batteries; and FURTHER THAT the Council of the Corporation of the Town of Cobourg does hereby support the Ontario Fire Marshal’s program to educate citizens on the danger associated with lithium-ion batteries and encourage every municipality to actively promote safe practices for the use of lithium- ion batteries; and FURTHER THAT Council does hereby call upon all levels of government to enact regulations for the

WHEREAS the increased importation and use of non-Original Equipment Manufacturer (OEM) aftermarket batteries is presenting a significant increase in fire and explosion, putting citizens and responding personnel in danger; and WHEREAS these aftermarket batteries are not Underwriter Laboratories of Canada (ULC) certified but can be imported into Canada without any associated regulations; and WHEREAS unlicensed persons and locations can store and modify lithium- ion batteries in our communities without regulations, providing dangerous conditions within a community and charging these batteries within the home or multi-unit dwellings can result in larger fires with grave results; and WHEREAS as Canada becomes more aware of Green Energy solutions, these batteries are used more often, increasing the danger to our communities. NOW THEREFORE BE IT RESOLVED THAT the Town of Cobourg supports the resolution from the from Municipality of Wawa regarding regulations for the importation of safe use of lithium-ion batteries; and FURTHER THAT the Council of the Corporation of the Town of Cobourg does hereby support the Ontario Fire Marshal’s program to educate citizens on the danger associated with lithium-ion batteries and encourage every municipality to actively promote safe practices for the use of lithium-ion batteries; and FURTHER THAT Council does hereby call upon all levels of government to enact regulations for the importation, sale, storage, and use of non-OEM or ULC certified lithium

THAT Council receive the correspondence from AMO regarding municipal workforce development project roadmap for information purposes.

THAT Council receive the correspondence from City of Toronto regarding Requesting the Province to Support Family Physicians for information purposes.

MOTION TO AMEND That the wording be replaced with the following motion: WHEREAS Council gratefully acknowledges Ms. Bergeron’s letter and suggestions for improved public transit service. NOW THEREFORE BE IT RESOLVED THAT the letter be forwarded to Council’s Accessibility Advisory Committee as an item on their next meeting agenda for review and consideration; and FURTHER THAT upon consideration by the committee with assistance of committee support staff that a report with priorities and recommendations be sent to Council in time for 2025 budget discussions.

WHEREAS Council gratefully acknowledges Ms. Bergeron’s letter and suggestions for improved public transit service. NOW THEREFORE BE IT RESOLVED THAT the letter be forwarded to Council’s Accessibility Advisory Committee as an item on their next meeting agenda for review and consideration; and FURTHER THAT upon consideration by the committee with assistance of committee support staff that a report with priorities and recommendations be sent to Council in time for 2025 budget discussions.

MOTION TO AMEND That the motion be replaced with the following wording: WHEREAS Council has received a letter from the owner of 919 Chipping Park Blvd, Cobourg on parking matters for information. NOW THEREFORE BE IT RESOLVED THAT the letter be

THAT Council receive the correspondence from Cobourg resident regarding parking by-laws for information purposes.

MOTION TO AMEND That the motion be replaced with the following wording: THAT Council direct staff to forward the letter from the Township of Whitewater Region regarding Ineligible Source Recycling to the County of Northumberland for clarification on how the Town of Cobourg as one of seven lower tier member municipalities, would be affected by the upcoming changes to recycling and waste collection in light of ineligible source recycling.

THAT Council direct staff to forward the letter from the Township of Whitewater Region regarding Ineligible Source Recycling to the County of Northumberland for clarification on how the Town of Cobourg as one of seven lower tier member municipalities, would be affected by the upcoming changes to recycling and waste collection in light of ineligible source recycling.

WHEREAS elections rules need to be clear, supporting candidates and voters in their electoral participation and election administrators in running elections; and WHEREAS legislation needs to strike the right balance between providing clear rules and frameworks to ensure the integrity of the electoral process; and WHEREAS the legislation must also reduce administrative and operational burden for municipal staff ensuring that local election administrators can run elections in a way that responds to the unique circumstances of their local communities; and WHEREAS the Municipal Elections Act, 1996 (MEA) will be 30 years old by the next municipal and school board elections in 2026; and WHEREAS the MEA sets out the rules for local elections, the Assessment Act, 1990 and the Education Act, 1990 also contain provisions impacting local elections adding more places for voters, candidates, and administrators to look for the rules that bind the local democratic process in Ontario; and WHEREAS with rules across three pieces of legislation, and the MEA containing a patchwork of clauses, there are interpretation challenges, inconsistencies, and gaps to fill; and WHEREAS the Act can pose difficulties for voters, candidates, contributors and third-party advertisers to read, to interpret, to comply with and for election administrators to enforce; and WHEREAS while local elections are run as efficiently and effectively as can be within the current legislative framework, modernization and contin

WHEREAS at the Strategic Priorities and Policy Standing Committee meeting on September 3, 2024, the Committee considered Report No. LS- 2024-019 from Council and Committee Coordinator regarding Video Surveillance Policy Amendment. NOW THEREFORE BE IT RESOLVED THAT Council approve the amendment to Appendix B of the Video Surveillance Policy.

BE IT RESOLVED THAT leave be granted to introduce By-law No.051- 2024 to By-law No.053-2024, By-Law 055-2024 and By-law 057-2024 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.

BE IT RESOLVED THAT leave be granted to introduce By-law No.050- 2024 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.

THAT Council direct Staff to provide a report back to Council on the option to amend the Town of Cobourg By-law No. 018-2024, being a By-law to License, Regulate and Govern Emergency Care Establishments in the Town of Cobourg to consider placing a cap on the amount of Emergency Shelters that can be licensed and operated within the Town of Cobourg; and FURTHER THAT a provision be added to this proposed amendment that would temporary remove the licensing cap, and allow for the additional licensing of Emergency Shelters when there are additional Emergency Shelters operating within the other lower-tier municipalities in Northumberland, equal to those that are currently operating in the Town of Cobourg in order to be sure that sheltering options are equally distributed within the County for those in need within their own municipality.

WHEREAS the Province of British Columbia has announced the creation of highly secure facilities to provide involuntary care for individuals with severe mental health and addictions issues under the Mental Health Act, including dedicated mental health units in correctional centres and regional secure care facilities; and WHEREAS the Town of Cobourg, along with municipalities across Ontario, are facing growing challenges in addressing the complex needs of individuals with severe mental health and addictions issues, which place a significant strain on local emergency services, healthcare systems, community resources, and public safety; and WHEREAS individuals experiencing severe mental health and addictions issues often cannot voluntarily seek the care they need, and involuntary care, provided with compassion and appropriate safeguards, can ensure they receive the necessary treatment to help stabilize their condition and improve community safety; NOW THEREFORE BE IT RESOLVED THAT the Town of Cobourg supports the BC government's approach to providing secure, involuntary care for individuals with severe mental health and addictions challenges, as a compassiqnate and necessary intervention for those unable to seek help on their own; and THAT the Town of Cobourg urges the Province of Ontario to implement similar measures to ensure that individuals with severe mental health and addictions issues in Ontario have access to secure, involuntary care when necessary; and THAT this motion b

WHEREAS the Town of Cobourg has received notice that Infrastructure Ontario (IO) is currently in the disposition process for the former Brookside Youth Detention Centre site in Cobourg; and WHEREAS any purchaser will require an understanding of servicing capacity available at the site; and WHEREAS the Municipality understand the sanitary sewer shed area for the entire site is generally divided by Brook Creek and has not been evaluated for all servicing options available for both sanitary sewer shed areas; and WHEREAS Cobourg staff has communicated to IO staff that a Sanitary Flow Monitoring Study would be of benefit prior to engaging in a sale of the subject lands but has not received information that such study has completed; and NOW THEREFORE BE IT RESOLVED that Council requests staff proceed with the completion of a Sanitary Flow Monitoring Study to have a better understanding of the available capacity at the site utilizing an upset limit of $25,000 to be funded by the sanitary sewer reserve. Recorded vote requested by Councillor Adam Bureau YES (5): Councillor Adam Bureau, Councillor Brian Darling, Councillor Aaron Burchat, Councillor Randy Barber, Mayor Lucas Cleveland NO (2): Councillor Miriam Mutton, Deputy Mayor Nicole Beatty

THAT leave be granted to introduce By-law 056-2024 and to dispense with the reading of the By-law by the Municipal Clerk to confirm the proceedings of Council of the Town of Cobourg at its Regular Council Meeting held on September 25, 2024 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.