Council Meeting Minutes

Regular Council Meeting

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Virtual Location
Members Present:
  • Mayor L. Armstrong
  • Councillor A. Hallman
  • Councillor C. Gordijk
  • Councillor B. Fisher
  • Councillor J. Gerber
  • Councillor J. Pfenning
Staff Present:
  • Director of Parks, Facilities, and Recreation Services, S. Jackson
  • Director of Public Works and Engineering, J. Molenhuis
  • Fire Chief, R. Leeson
  • Director of Corporate Services/Treasurer, P. Kelly
  • Director of Development Services, H. O'Krafka
  • Director/Curator Castle Kilbride, T. Loch
  • Supervisor of IT, K. Jeffreys
  • Manager of Planning/EDO, A. Martin
  • Chief Administrative Officer, S. Chambers
  • Manager of Finance/Deputy Treasurer, A. Romany
  • ILS Program Manager, C. Tarling
  • Municipal Clerk, A. Flach

  • Resolution No. 2022-134
    Moved by:Councillor A. Hallman
    Seconded by:Councillor C. Gordijk

    THAT a Closed Meeting of Council be held on May 30, 2022 at 5:00 p.m. in accordance with Section 239 (2) (f) and (i) of the Municipal Act, 2001, to consider the following:

    1. Project Grand River Update - Section 239 (2) (i) - Confidential Commercial/Financial/Contractual Information/Negotiation. 

    2. Land Donation Review - Section 239 (2) (f) - Advice subject to Solicitor-client Privilege.

    Motion Carried
  • Resolution No. 2022-135
    Moved by:Councillor C. Gordijk
    Seconded by:Councillor B. Fisher

    THAT Council reconvenes in Open Session at 7:00 p.m.

    Motion Carried

3.

Mayor L. Armstrong recognized that June is Indigenous History Month and also Pride Month.

Indigenous History Month is a time to acknowledge and celebrate the history, heritage, resilience, and contributions of First Nations, Inuit and Metis peoples in Canada. It is also a time to learn, reflect, and connect with one another.

June is also Pride Month. The Township is committed to taking the necessary steps towards supporting members of 2SLGBTQIA+ community. We recognize the importance of equality and working together to support diversity throughout Wilmot. 

Over the past several years, great strides have been, but we still have a long way to go. This Wednesday, the Township will raise the pride flag in recognition of this important month.

June is a significant month to pause and reflect. As we continue to work towards our goals of equity, inclusion, diversity and belonging, the Township will be sharing information throughout the month on the various ways we can recognize Indigenous History Month and Pride Month.

4.

Councillor B. Fisher read the Territorial Acknowledgement.

5.

6.

  • Resolution No. 2022-136
    Moved by:Councillor J. Pfenning
    Seconded by:Councillor C. Gordijk

    That the Agenda as presented for May 30, 2022 be adopted.

    Motion Carried

There were no disclosures of pecuniary interest under the Municipal Conflict of Interest Act.

  • Resolution No. 2022-137
    Moved by:Councillor J. Gerber
    Seconded by:Councillor B. Fisher

    THAT the minutes of the following meetings be adopted as presented:

    • Regular Council Meetings of Monday, April 25 and Monday, May 16, 2022; and,
    • Special Council Meeting of Monday, May 9, 2022.
    Motion Carried

9.

10.

11.

Consent Agenda Item 11.3 was dealt with separately in order to hear the delegations on the matter.

  • Resolution No. 2022-138
    Moved by:Councillor C. Gordijk
    Seconded by:Councillor B. Fisher

    THAT the recommendations for Consent Items 11.1, 11.2 and 11.4 be approved.

    Motion Carried
  • Moved by:Councillor C. Gordijk
    Seconded by:Councillor B. Fisher

    THAT Report PFRS 2022-024 be received for information purposes; and further,

    THAT the Agreement between Kitchener Wilmot Hydro Inc. and the Corporation of the Township of Wilmot be endorsed.

    Motion Carried
  • Moved by:Councillor C. Gordijk
    Seconded by:Councillor B. Fisher

    THAT Report PFRS 2022-025, Sir Adam Beck Park Tennis Court Reconstruction Contract Award be received for information purposes; and

    THAT RFP 2022-011 be awarded to 39 Seven Inc. for a value of $109,991.00 plus HST.

    Motion Carried
  • Moved by:Councillor C. Gordijk
    Seconded by:Councillor B. Fisher

    THAT staff be authorized to enter a Contribution Agreement with the Federal Economic Development Agency for Southern Ontario, for the Canada Community Revitalization Fund (CCRF) Grant in the amount of $200,000; and further

    THAT the CCRF grant allocation be utilized towards the Nith River Promenade Pathway project.

    Motion Carried

The Director of Engineering, J. Molenhuis, provided a brief summary of the nature of the agreement indicating such agreements are very common with utilities that are located on Township lands. He stipulated the agreement will require further detailed plans to be submitted and for North Frontenac Telephone Corporation Limited (NFTC) to follow the various approval processes. J. Molenhuis answered questions of Council and committed to communicating with NFTC regarding expressing Council's environmental concerns.

Mayor L. Armstrong called upon the delegations.

G. Roughley was not present.

K. Thomason spoke as a representative of the Sunfish Lake Association noting the concerns of the residents about how to obtain highspeed internet while maintaining balance with environmental concerns. K. Thomason provided details about the residents' specific concerns and indicated the residents want to work with NFTC to address those concerns but are generally supportive of staff's recommendation.

  • Resolution No. 2022-139
    Moved by:Councillor J. Pfenning
    Seconded by:Councillor B. Fisher

    THAT Report 2022-24 be received for information; and,

    THAT the Mayor and Clerk be authorized to enter into a Municipal Access Agreement (MAA) with North Frontenac Telephone Corporation Limited (NFTC).

    Motion Carried

12.

The Director of Development Services, H. O'Krafka, presented highlights from the staff report regarding the Region of Waterloo's Land Needs Assessment (LNA) including the three (3) options from the Region, the implications of those options, and staff's concerns, especially with the Region's population considerations and the associated costs. H. O'Krafka indicated staff does not support any of the Region's options. Staff's preferred scenario needs to be equitable for Wilmot so staff would prefer the Region to slow down the process to allow the generation of additional scenarios and provide greater opportunity for enhanced local engagement. Staff would also like to understand the fiscal impacts of the various growth scenarios before supporting any particular scenario and to request additional equitable scenarios for the Township within the Regional context.

The Mayor called on delegations.

K. Eby supported the need to slow down the process and to create a plan to help mitigate climate change and address the needs of the Township's aging population.

M. Reusser presented a high level rural and agricultural perspective to ensure no new loss of farmland and a plan that balances housing and food production. He also emphasized the need not to rush to make a decision.

K. Thomason also supported the position there should be no loss of farmland through an increased intensification. He emphasized the need for more public input and favoured delaying decisions on future boundary expansion.

P. Chauvin, representing clients who own lands inside of the countryside line, stated that while they are supportive of the Region's objective, they are not in support of the Region's options and expressed concerns about the fact that the Region's LNA does not meet the Province's growth plan objectives. He emphasized the need for a plan that allows for a full range of housing options to meet demand.

S. Goertz, representing 50by30WR, stated there is a need to accommodate various means to enable growth as well as the importance of more community engagement in order to consider other options to increase intensification rather than developing over farmland.

D. Falletta provided the various reasons for why his firm is supportive of staff's recommendation and why they are not in agreement with the options presented by the Region. He emphasized the need for the plan to guarantee various types of housing within the countryside line for the Township in order to facilitate a more complete community within Provincial policy.

C. Ferguson appeared on behalf of a client and provided their rationale in support of staff's recommendations, especially the need for a balanced approach to expansion and the financial consequences of various growth scenarios on the Township.

D. Baker, representing her law firm which works with the development community, indicated support of staff's recommendations. She emphasized the need for good planning within the Provincial framework and suggested staff's recommended intensification rate is reasonable, does not negatively impact existing residents, and is more fiscally responsible so that existing residents aren't unfairly burdened.

Council asked questions of staff and R. Regier, Region of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding whether discussions with the Townships has taken place; whether the Region has taken into account the disparity of the Townships; how the Region has considered the input from the Townships regarding the appropriate levels of intensification; and, how Wilmot Township Council's input could be taken into account for Regional staff's consideration if it were received late.

The following Alternative Motion was moved by Councillor A. Hallman and seconded by Councillor C. Gordijk:

THAT Report DS 2022-013 be received for information; and further,

THAT Council advise the Region of Waterloo of the following:

WHEREAS Wilmot Township has committed to ambitious climate change targets, including a reduction of GHG of 50% by 2030 and 80% by 2050 that will require an ambitious and visionary Regional Official Plan;

That Wilmot Township recommends that the Regional Official Plan process be delayed as required to provide municipalities and citizens more time for fulsome engagement on, investigation of, and education about growth options for the community;

That Wilmot Township receive the Regional Consultant’s Report on the sustainability and climate impact of each Growth Option, including any new proposed Growth Options, prior to responding with Wilmot’s preferred option;

That Wilmot Township would like to undertake intensification, visioning, and sustainability studies as required to determine the opportunities and optimal locations available to accommodate future population growth prior to committing to specific population allocations and intensification and density targets; 

That Wilmot Township requests that all scenarios for growth to 2051 for Wilmot Township utilize higher intensification rates consistent with current trends, and the results of the aforementioned intensification studies - recognizing that this target may be significantly greater than the historical rate of intensification for Wilmot Township and the intensification rate being proposed for other rural Townships;

That Wilmot Township seeks to create complete, sustainable communities where new residential population growth is balanced by accompanying new employment growth;

That Wilmot Township requests all scenarios for growth to 2051 for Wilmot ensure the unallocated capacity of the New Hamburg Wastewater Treatment Plant (NHWWTP) is sufficient to accommodate all forecast residential and employment growth (including opportunities for a wide range of potential forms of employment growth) until 2051; and

That the Township of Wilmot generally supports options for growth that provide for:

  • no Community Area expansions and no farmland loss based on increased intensification targets
  • not trigger a requirement for identification and removal of excess lands from current urban designations
  • support an increased focus on the missing middle and accessory units through implementation of inclusionary zoning
  • meet the needs of an aging community
  • provide for complete, sustainable and walkable communities, supported by active transportation and public transit
  • be consistent with achievement of climate change commitments; and increased minimum density requirements for developments in greenfield areas of the Township.

Members of Council expressed their concern with not having had sufficient time to consider Councillor Hallman's Alternative Motion and a deferral of the motion was put forward. Discussion took place regarding the timing of the Region's report and the possibility of considering Councillor Hallman's Alternative Motion in time for Council to provide feedback and input to the Region.

Councillor Hallman's Alternative Motion replaced the following Staff Recommendation, which was not considered by Council:

THAT Report DS 2022-013 be received for information; and further,

THAT Council advise the Region of Waterloo of the following:

That Wilmot Township requests all scenarios for growth to 2051 for Wilmot Township be modified as necessary to plan for the full utilization of the unallocated capacity of the New Hamburg Wastewater Treatment Plant (NHWWTP) – estimated by the Region in May of 2021 to be 10,400 persons;

That Wilmot Township requests that all scenarios for growth to 2051 for Wilmot Township utilize the existing Wilmot intensification target of 30% - recognizing that this target is both significantly greater than the historical rate of intensification for Wilmot Township and the intensification rate being proposed for other rural Townships; and,

That Wilmot Township requests consideration of increased minimum density requirements for developments, within any required expansions to Township Urban Areas, to further minimize the size of required expansions.

  • Resolution No. 2022-140
    Moved by:Councillor A. Hallman
    Seconded by:Councillor C. Gordijk

    THAT, the following motion be Deferred to the June 13, 2022 Council meeting:

    THAT Report DS 2022-013 be received for information; and further,

    THAT Council advise the Region of Waterloo of the following:

    WHEREAS Wilmot Township has committed to ambitious climate change targets, including a reduction of GHG of 50% by 2030 and 80% by 2050 that will require an ambitious and visionary Regional Official Plan;

    That Wilmot Township recommends that the Regional Official Plan process be delayed as required to provide municipalities and citizens more time for fulsome engagement on, investigation of, and education about growth options for the community;

    That Wilmot Township receive the Regional Consultant’s Report on the sustainability and climate impact of each Growth Option, including any new proposed Growth Options, prior to responding with Wilmot’s preferred option;

    That Wilmot Township would like to undertake intensification, visioning, and sustainability studies as required to determine the opportunities and optimal locations available to accommodate future population growth prior to committing to specific population allocations and intensification and density targets; 

    That Wilmot Township requests that all scenarios for growth to 2051 for Wilmot Township utilize higher intensification rates consistent with current trends, and the results of the aforementioned intensification studies - recognizing that this target may be significantly greater than the historical rate of intensification for Wilmot Township and the intensification rate being proposed for other rural Townships;

    That Wilmot Township seeks to create complete, sustainable communities where new residential population growth is balanced by accompanying new employment growth;

    That Wilmot Township requests all scenarios for growth to 2051 for Wilmot ensure the unallocated capacity of the New Hamburg Wastewater Treatment Plant (NHWWTP) is sufficient to accommodate all forecast residential and employment growth (including opportunities for a wide range of potential forms of employment growth) until 2051; and

    That the Township of Wilmot generally supports options for growth that provide for:

    • no Community Area expansions and no farmland loss based on increased intensification targets
    • not trigger a requirement for identification and removal of excess lands from current urban designations
    • support an increased focus on the missing middle and accessory units through implementation of inclusionary zoning
    • meet the needs of an aging community
    • provide for complete, sustainable and walkable communities, supported by active transportation and public transit
    • be consistent with achievement of climate change commitments; and increased minimum density requirements for developments in greenfield areas of the Township.
    Motion Carried

This staff report was Referred to the June 13, 2022 Regular Council meeting.

  • THAT Report PFRS 2022-023 be received for information; and further,

    THAT Council endorse the proposed Wilmot Smart Commute Program locations, namely four (4) spaces at the Wilmot Recreation Complex, two (2) spaces at the Kirkpatrick Park parking lot, and two (2) spaces at the Wilmot Administration Complex upon completion of the parking lot expansion project and two (2) spaces at the New Dundee Community Centre.

    Motion

13.

14.

This by-law was Referred to the June 13, 2022 Regular Council meeting.

  • THAT By-law No 2022-26 be read a first, second and third time and finally passed in Open Council.

    Motion

15.

This Notice of Motion was Referred to the June 13, 2022 Regular Council meeting.

  • THEREFORE BE IT RESOLVED THAT Wilmot Council urges The Province Ontario to work with the Lieutenant Governor to expedite the proclamation of section 75.1 of the Highway Traffic Act (Better for People, Smarter for Businesses Act, 2019, S.O. 2019, c. 14, Sched. 16, s. 11); 

    THEREFORE BE IT FURTHER RESOLVED THAT the Minister of Transportation be requested to set a maximum decibel count for exhaust systems to ensure the exhaust system with the capability of exceeding 80 decibels will not be available for sale and will be not permitted in the Province of Ontario;

    THEREFORE BE IT FURTHER RESOLVED THAT the Minister of Transportation consider reviewing the increasing associated penalties for non-compliance; 

    THEREFORE BE IT FURTHER RESOLVED THAT the province of Ontario be requested to provide funding for police services in Ontario to be equipped with the appropriate decibel monitor device to aid in effective enforcement efforts; and finally,

    THEEFORE BE IT FINALLY RESOLVED THAT a copy of this motion be sent to the Hon. Caroline Mulroney, Minister Transportation; the Hon. Rod Phillips, Minister of Long-Term Care and local MPP; and the Region of Waterloo and all Regional Municipalities; and the Waterloo Regional Police Service. 

    Motion

15.2

This Notice of Motion was Referred to the June 13, 2022 Regular Council meeting.

  • WHEREAS Minister’s Zoning Orders (MZOs) are being misused and overused by Ontario Provincial government in a way that damages the environment, threatens our safety, and saddles municipalities with ill-considered sprawl that will drag us down for decades to come;

    WHEREAS there are very rare emergencies that warrant speeding up the approval process and the Ontario Provincial government has changed the law to let the Minister issue MZOs that would otherwise be unlawful because they violate fundamental planning rules or even create floods and landslide risk;

    WHEREAS municipalities cannot wait and fight sprawl MZOs on a case-by-case basis because there is no transparent MZO process;

    WHEREAS an MZO could be requested and issued arbitrarily by the Minister before a municipality and Council even hear about it;

    WHEREAS Council must be proactive in protecting our community from these dangerous MZOs by passing a motion which (1) tells developers in advance that they will not request or endorse any request for a MZO that does not meet strict and transparent criteria, (2) preemptively asks the Province not to issue any MZO that fails to meet those criteria, and (3) asks the Ontario Legislature to legally prohibit MZOs that do not meet those criteria;

    THEREFORE BE IT RESOLVED That the Township of Wilmot will not make a request for or indicate its approval of any Minister’s Zoning Order applicable to land within the Township of Wilmot, excepting Orders:

    1. which are limited to addressing an extraordinary and emergent circumstance that is a matter of provincial interest, and,
    2. which are limited to measures which the Township of Wilmot could not otherwise bring into force in time to adequately address the relevant extraordinary and emergent circumstance, and,
    3. which are consistent with the Official Plan, Provincial Policy Statement, 2020, and Growth Plan for the Greater Golden Horseshoe and s. s. 24, s. 2, s. 3 of the Planning Act, and,
    4. which do not authorize urbanization outside of settlement area boundaries, and,
    5. which do not authorize development that would destroy or displace a Provincially Significant Wetland, Provincially Significant Woodland, Provincially Significant Valley Lands, Provincially Significant Wildlife Habitat, Coastal Wetlands, Areas of Natural and Scientific Interest or farmland, and,
    6. which are framed geographically or in their wording so as to not to limit any power that a Conservation Authority would otherwise have, and
      which are supported by the Minister’s comprehensive, written, and publicly-disclosed reasons for determining that the above criteria have been met;

    THEREFORE BE IT FURTHER RESOLVED That the Township of Wilmot request the Government of Ontario, including the Minister of Municipal Affairs and Housing place an immediate and permanent moratorium on the issuance of Minister’s Zoning Orders applicable to land within the Township of Wilmot, excepting Orders:

    1. which are limited to addressing an extraordinary and emergent circumstance that is a matter of provincial interest, and,
    2. which are limited to measures which the Township of Wilmot could not otherwise bring into force in time to adequately address the relevant extraordinary and emergent circumstance, and,
    3. which are consistent with the Official Plan, Provincial Policy Statement, 2020, and Growth Plan for the Greater Golden Horseshoe and s. s. 24, s. 2, s. 3 of the Planning Act, and,
    4. which do not authorize urbanization outside of settlement area boundaries, and,
    5. which do not authorize development that would destroy or displace a Provincially Significant Wetland, Provincially Significant Woodland, Provincially Significant Valley Lands, Provincially Significant Wildlife Habitat, Coastal Wetlands, Areas of Natural and Scientific Interest or farmland, and,
    6. which are supported by the Minister’s comprehensive, written, and publicly-disclosed reasons for determining that the above criteria have been met, and
    7. whose issuance is expressly requested through a lawfully adopted motion of the Township of Wilmot;

    THEREFORE BE IT FINALLY RESOLVED That the Township of Wilmot request the Government of Ontario and the Ontario Legislative Assembly to amend the Planning Act to prohibit the issuance of Minister’s Zoning Orders applicable to land within the boundaries of any municipality, excepting Orders:

    1. which are limited to addressing an extraordinary and emergent circumstance that is a matter of provincial interest, and,
    2. which are limited to measures which the municipality could not otherwise bring into force in time to adequately address the relevant extraordinary and emergent circumstance, and,
    3. which are consistent with the Official Plan, Provincial Policy Statement, 2020, and Growth Plan for the Greater Golden Horseshoe and s. s. 24, s. 2, s. 3 of the Planning Act, and,
    4. which do not authorize urbanization outside of settlement area boundaries, and,
    5. which do not authorize development that would destroy or displace a Provincially Significant Wetland, Provincially Significant Woodland, Provincially Significant Valley Lands, Provincially Significant Wildlife Habitat, Coastal Wetlands, Areas of Natural and Scientific Interest or farmland, and,
    6. which are framed geographically or in their wording so as to not to limit any power that a Conservation Authority would otherwise have, and,
    7. which are supported by the Minister’s comprehensive, written, and publicly-disclosed reasons for determining that the above criteria have been met, and,
    8. whose issuance is expressly requested through a lawfully adopted motion of the municipal government(s) to whose territory the Order pertains.
    Motion

The following motion was Referred to the June 13, 2022 Regular Council meeting.

  • WHEREAS the Province of Ontario adopted greenhouse gas reduction targets of 30% by 2030, and emissions from buildings represented 22% of the province’s 2017 emissions;

    WHEREAS all Waterloo Region municipalities, including the Township of Wilmot, adopted greenhouse gas reduction targets of 80% below 2012 levels by 2050 and endorsed in principle a 50% reduction by 2030, an interim target that requires the support of bold and immediate provincial and federal actions;

    WHEREAS greenhouse gas emissions from buildings represent 45% of all emissions in Waterloo Region, and an important strategy in the ClimateActionWR’s, TransformWR Community Climate Action Strategy, adopted by all Councils in Waterloo Region, targets new buildings to be net-zero carbon or able to transition to net-zero carbon using region-wide building standards and building capacity and expertise of building operators, property managers, and in the design and construction sector;

    WHEREAS the draft National Model Building Code proposes energy performance tiers for new buildings and a pathway to requiring net zero ready construction in new buildings, allowing the building industry, skilled trades, and suppliers to adapt on a predictable and reasonable timeline while encouraging innovation;

    WHEREAS the Ministry of Municipal Affairs and Housing is consulting on changes for the next edition of the Ontario Building Code (ERO #: 019-4974) that generally aligns with the draft National Model Building Code except it does not propose adopting energy performance tiers, it does not propose timelines for increasing minimum energy performance standards step-by-step to the highest energy performance tier, and, according to Efficiency Canada and The Atmospheric Fund, it proposes adopting minimum energy performance standards that do not materially improve on the requirements in the current Ontario Building code;

    WHEREAS buildings with better energy performance provide owners and occupants with lower energy bills, improved building comfort, and resilience from power disruptions that are expected to be more common in a changing climate, tackling both inequality and energy poverty;

    WHEREAS municipalities are already leading the way in adopting or developing energy performance tiers as part of Green Development Standards, including Toronto and Whitby with adopted standards and Ottawa, Pickering, and others with standards in development;

    WHEREAS Green Development Standards are being developed by local municipalities in partnership with the Region of Waterloo, and all local electricity and gas utilities through WR Community Energy;

    WHEREAS while expensive retrofits of the current building stock to achieve future net-zero requirements could be aligned with end-of-life replacement cycles to be more cost-efficient, new buildings that are not constructed to be net-zero will require substantial retrofits before end-of-life replacement cycles at significantly more cost, making it more cost-efficient to build it right the first time.

    THEREFORE BE IT RESOLVED THAT Council request the Province of Ontario immediately adopt a more ambitious energy performance tier of the draft National Model Building Code as the minimum requirement for the Ontario Building Code and the necessity for bold and immediate provincial action on climate change; and,

    THEREFORE BE IT FURTHER RESOLVED THAT Council request the Province of Ontario encourage and provide authority to municipalities to adopt higher energy performance tiers and Green Development Standards than the Ontario Building Code; and,

    THEREFORE BE IT FUTHER RESOLVED THAT Council request the Province of Ontario to facilitate capacity, education and training in the implementation of the National Model Building Code for municipal planning and building inspection staff, developers, and homebuilders to help build capacity; and,

    THEREFORE BE IT FINALLY RESOLVED THAT this resolution be provided to the Minister of Municipal Affairs and Housing, to area MPPs, and to all area Municipalities who participate in the Waterloo Region Chief Building Officials group.

    Motion

16.

18.

This by-law was Referred to the June 13, 2022 Regular Council meeting.

  • THAT By-law No 2022-27 be read a first, second and third time and finally passed in Open Council.

    Motion

19.

Council adjourned in accordance with section 7.15.5 of the Procedural By-law (By-law 2021-36 as Amended by By-law 2021-50), which requires Council to adjourn at 11:00 p.m..

Council agreed to refer the remaining agenda items as indicated to the next Regular Council Meeting on Monday, June 13, 2022.

  • Resolution No. 2022-141
    Moved by:Councillor B. Fisher
    Seconded by:Councillor J. Gerber

    THAT the remaining agenda items as indicated for the May 30, 2022 Council Meeting agenda be Referred to the next Regular Council Meeting at 7:00 p.m. on Monday, June 13, 2022; and further, 

    THAT we do now adjourn to meet again at the call of the Mayor.

    Motion Carried
No Item Selected