[15:45] Good morning members of council and staff. I'd like to

[15:49] call this special council meeting for Friday, August 21st to

[15:54] order. We'll start with the traditional treaty territory acknowledgement. The

[16:01] region of Durham exists on lands that the Michisagi and

[16:04] Ashbegan have it for thousands of years prior to European

[16:07] colonization. Please lands or the traditional and treaty territories of

[16:11] the nations covered under the Williams treaties, including the Mississaugas

[16:15] of Scuogog Island First Nation, Alderail First Nation, Iowatha First

[16:20] Nation, Curve Lake First Nation, and the CHIP - 1

[16:23] nations of Georgina Island - Bosole and Rama. We honour

[16:26] recognise and respect the Indigenous peoples as the right holders

[16:29] and stewards of the lands and waters on which we

[16:32] have the privilege to live in our efforts towards reconciliation.

[16:36] We continue to build strength and relationships with First Nations,

[16:40] as well as the large MAIDE communities growing in you

[16:42] at Community here in Durham. We commit to learning from

[16:45] Indigenous values and knowledge, building opportunities for collaboration and recognising

[16:49] that we're all connected. Members Council, we've had a number

[16:53] of issues this summer where we have flown our flags

[16:56] at Half - Mass here at the region. And before

[16:58] I ask you to join me in a moment of

[17:00] silence, I just want to recognise the loss that we

[17:05] lowered the flags for. First of all, the Montreal Police

[17:08] Cospel Muhammad Lemy, Ben Road doing was killed in the

[17:14] line of duty. Cosmical training Tyrone Montebang from Durham Regional

[17:19] Police Services Island. Princeton Island EMS Paramedics, Gina Crucher, Michael

[17:26] McKenzie, and also Anne Martell, who was in their care

[17:29] at the time of the accident. We lost two correctional

[17:32] service candid officers, Nicole Serbin and Ramadeepar Mound of Edmonton

[17:40] Institute for women also carry a Mussoua, who was in

[17:43] their care and custody at the time of the action.

[17:46] Zach Moff at a Regional Employee in long - term

[17:49] care. And we lost several police officers recently, members of

[17:54] the Durham Regional Police Services, Royal Canadian Mounted Police, and

[17:58] Hamilton Police Services. I'm going to ask you to join

[18:00] me in a moment of silence, please.

[18:29] Okay, thank you. Mr. Clerk, could you do a roll

[18:34] call, please? Thank you, Mr. Chair Electronic Roll Call is

[18:39] starting now.

[19:08] Thank you, Mr. Clerk. We have Quorum. Members Council, Declarations

[19:12] of Cunary Interest. Chair, I. Pushed my button. Oh, that's

[19:20] okay. Noted, thank you. Online, Mr. Clerk. Okay, seeing none,

[19:28] there are no Declarations. We have a Communications item, 4.

[19:33] 1, a memorandum dated August 18th from one of our

[19:37] Regional Soleditors Adanan. The recommendation is received for information. Could

[19:44] I have a mover, please? Councillor Chapman. Mayor Foster. Questions.

[19:51] Seeing none, seeing none, online. Call the vote. All those

[19:53] in favor. In opposition. Seeing none that carries. Members of

[19:59] Council, we have two confidential reports, Mr. Clerk. Move them

[20:05] both. We'll do them individually. Okay, report 2026 CAL -

[20:14] 41. It is a confidential report from the Commissioner of

[20:17] Finance and the Commissioner of Works. Can we get it.

[20:24] Ms. Clerk? We're getting it moved, and then we'll move

[20:26] it into closed session. So we need to move on

[20:29] seconder, and then move by Mayor Foster, seconded by Councillor

[20:33] McDougal. The item is now on the floor. Is there

[20:37] anyone wishing to discuss this and the need to go

[20:39] into closed session. Councillor Nicholson. First of all, I'd like

[20:45] to request that the motion to go on camera be

[20:47] divided. Is there are two items? I was going to

[20:51] deal with both items separately anyway. Okay, that's fine. Then.

[20:55] I also, like I recorded vote on the item that

[20:58] involves the province. Sure. The question I have, I guess

[21:03] at this point, is what I appreciate the problem with

[21:05] wants to keep their shady deals separate. Why do we.

[21:11] Why was Regional Council want to be involved in dealing

[21:14] with this in camera. As it could impact over 100

[21:17] million dollars of taxpayers cost. Mr. Hunt. So

[21:28] as council is aware there's the provision in section 239H

[21:33] of the municipal act, which sets out meetings, which are

[21:37] to be held in close session. And this meets the

[21:39] requirements of that section being information supplied and confidence by

[21:43] province or federal government. There is, in addition to that,

[21:48] the agreement between the region, in fact, between other municipalities

[21:52] participating in this program and the province and the federal

[21:55] government, and that agreement provides that any of the information

[21:59] related to these programs must be kept in confidence. So

[22:04] it's that legal commitment and the agreement that is what

[22:10] is requiring us to do this in closed session. However,

[22:14] as his customary with any of our close session matters,

[22:18] uh, as soon as, uh, that requirement is lifted by

[22:21] the province and the federal government, uh, staff will make,

[22:25] uh, information available to the public. My understanding, and I

[22:32] appreciate that the sensor could help me with this, is

[22:37] that the rules of going in camera allow us to

[22:41] go in camera. They don't mandate us to go on

[22:45] camera. We can choose as a council, can we not

[22:48] not to deal with it in camera. Usually the client

[22:53] gets the option of deciding not somebody else. Councillor Nicholson,

[23:01] you know the rules as well as I do. Um,

[23:04] you're right. Um, but this is, uh, come to us,

[23:10] the provinces, as we've heard Jason explained to us, they've

[23:13] asked us to do it in closed session. Your problem

[23:15] isn't with this council, it's with the other levels of

[23:18] government. Well, my problem for the last four plus years

[23:23] with this government, uh, they like to keep things secret,

[23:26] make secret deals to benefit their friends. And my problem

[23:30] that I'm having as a councillor here is, well, I

[23:34] understand the province would like to keep their details secret.

[23:40] I would suggest to our council, to all my colleagues

[23:44] that it's not in our interest to do so. Um,

[23:48] to simply deal with this in camera. And endorse it

[23:54] and say, someone will release the facts later on. Um,

[23:57] when it could commit this council to implementing hundreds of

[24:02] millions of dollars of either user rate or property tax

[24:05] increases without any input from the public whatsoever. In a

[24:11] situation where we're two months out from the end of

[24:13] this council. I mean, literally at two o'clock, we are

[24:16] a lame duck. So for us to somehow suggest that

[24:21] we're going to deal with this. Uh, in secrecy. And

[24:26] then someone's going to tell our voters a few weeks

[24:29] from an hour, a few months from now, God knows

[24:32] when. That geez, sorry we couldn't tell you, but we

[24:35] passed a law that's going to raise your user rates

[24:37] or raise your property taxes. And they get in those

[24:39] say on it. Even if we did it, at least

[24:42] we should ask their opinion. So I'm going to suggest

[24:46] to members of council that we in fact do one

[24:49] of two things. One that we don't go in camera.

[24:53] Or if there is some reason that this to be

[24:56] dealt with in an camera process, that this matter be

[24:59] tabled to the newtermer of council to allow the annuly

[25:03] elected council to make this decision because they're the ones

[25:06] that are going to be impacted on behalf of the

[25:08] residents, uh, in any future decisions that they follow from

[25:11] this. We literally are the end of our term. And

[25:15] none of us can guarantee that we're going to be

[25:17] back. I mean, I think many of us hope to

[25:20] be back, but the guarantees. Um, I've never many years

[25:25] that I've been on council seen a situation where this

[25:28] kind of process occurred literally on nomination day. And basically

[25:34] then putting the members of this council in a position

[25:36] of imposing on the next council. Well over a hundred

[25:40] million dollars of tax or user rates without any public

[25:43] knowledge at all. I just can't disrespectfully say, this is

[25:48] the right process to do. And I would urge my

[25:50] members of councils to vote against going in gamer. Thank

[25:53] you. Mayor Foster. Thank you Mr. Chair. So I don't

[25:59] disagree with many of the comments, but my understanding. Plainly

[26:03] put is the province is requiring us to deal with

[26:06] this in camera. Yes. So, well, I, so we're required.

[26:15] And yet the suggestion is we shouldn't deal with this.

[26:18] Or we should be dealing with it in open session.

[26:20] So, so that, that part of the argument, I think

[26:23] has been made for us. Uh, the rest, I think

[26:26] the discussion debate concern that we need to have, in

[26:29] fact, in - camera. But we're creatures of the province,

[26:33] like it or not. Um, members of councillors, anyone wishing

[26:39] to go into closed session to discuss this item or

[26:41] ask questions to staff. Okay. Uh, microphone, please. Mayor

[26:51] Carter. Sorry. Good morning, Mr. Chair. Yeah. I have a

[26:54] lot of questions. So. I would like to pay your,

[26:58] you're making a motion to go into close session. Yes,

[27:00] sir. Yeah. Thank you. I'm looking for a second. Second

[27:03] day by Mayor Foster. Thank you. Okay. So the item

[27:09] before you is the motion is to go into closed

[27:12] session to discuss report 2026 COL 41 only. I'm going

[27:18] to call the vote councillor Nicholson has asked it for

[27:21] recorded vote. So Mr. Clerk, when you're ready, please. And

[27:30] Mr. Clerk, before you do that, um, the reason for

[27:32] going into closed session is information explicitly supplied in confidence

[27:37] to the Regional Corporation by Canada, a province or territory

[27:41] or a crowning G of any item. It is under

[27:44] 23. 92. It is item H. Thank you, Mr. Chair.

[27:49] Recorded vote on the motion to go into closed session

[27:51] is starting now.

[28:07] Looking for Councillor Watton online. Second call, councillor Watton. Last

[28:17] call, Councillor Watton online.

[28:29] Okay. It's carried 18 to three. Uh, Mr. Clair, how

[28:32] much times do you need to get ready. Uh. Just

[28:35] a quick. Answer. And the officers will ask them to

[28:38] step out to the officers in the room. I'm going

[28:40] to ask, have to ask you if you could step

[28:42] out and take a seat in the hallway and we'll

[28:44] come and get you when we're finished with this closed

[28:47] item. And members of council, it'll take, uh, five minutes.

[28:51] Five minutes to get everything set to go into close.

[39:15] Councillor Kerr, Councillor. Kerr and Councillor Pettengel. Councillor Pentenguell. Councillor

[39:24] Kerr, you're holding up the meeting.

[39:35] Mr. Clerk, could you do a roll call, please? Thank

[39:38] you, Mr. Chair, Electronic Roll Call, is starting now. Councillor

[39:46] George Street and Rob.

[39:59] Councillor Wu, can you push your button please?

[40:15] We have Corham, how many do we have in the

[40:17] meeting. 23, okay. Members of Council and to the public

[40:24] in the continuing interest of transparency and open government, I

[40:28] am reporting the public session. That we had conversations, but

[40:33] no direction or motions were given in closed session related

[40:36] to report number 2026, COW - 41. We're now in

[40:41] open session. We'll go to the request. Councillor Nicholson. Thank

[40:47] you, Mr. Chairman. I'm just asking on a procedural matter.

[40:51] Would it be in order to place a direction to

[40:55] our negotiating team that should the CLAC provision not be

[41:00] eliminated? The region Durham would not agree. To the agreement.

[41:06] I'll go to our CAO. She did state that if

[41:10] it had created a problem, they would manage it and

[41:16] deal with it, and it would come back to council.

[41:19] That's right. If just through you, Mr. Chair, if we're

[41:21] not able to negotiate an agreement that keeps the risk

[41:25] as it's been identified in the report, we would certainly

[41:28] come back to council. And it has certainly councils prerogative

[41:32] if it wants to put a condition on our negotiations.

[41:36] I would be concerned about the ramifications like that. The

[41:41] province may agree to soft in it, but not withdraw,

[41:44] or they may ideally withdraw it, but I do not

[41:47] want to jeopardize our opportunity to advise infrastructure. But again,

[41:51] it is counsel's prerogative. Alternately, could we give a direction

[41:57] then that if the clawback isn't removed, the final provision

[42:02] would come back to council for final approval.

[42:13] I think we could do that pending any unanticipated deadlines

[42:17] put on it by the province. We're not aware of

[42:19] any yet, except that they want this done very quickly.

[42:23] Go ahead. Sorry, go ahead. Go ahead, we'll try again.

[42:30] Aren't the direction given through the Resolution delegation of authority.

[42:37] That would be contrary to the delegation of authority. In

[42:43] my view. Coming back prior to the new council, is

[42:46] that what you're seeing, Councillor? No, I'm saying we're giving,

[42:50] we're delegating authority, you, and one of the councillors. Respectfully,

[42:54] is saying we're qualifying that delegation. So I don't think

[42:59] that the question is in order. I would have to

[43:04] defer to our solicitor, our clerk on that. Okay, Mr.

[43:12] Hunt. So it would be a restriction on the delegation.

[43:18] Restriction on delegations are in order, but I think it's

[43:21] important for council to recognise that not only would the

[43:25] conditions of the delegation be required to be met by

[43:29] staff. However, this new restriction would also be required to

[43:32] be met by staff. And if it couldn't be, then

[43:36] we would be required to come back to council. Uh,

[43:38] and I do think it's important to note that the

[43:41] wording is important here. And this is, I guess, some

[43:43] of my caution about giving direction to staff to negotiate,

[43:48] but then giving explicit caveats in that direction, which is

[43:52] that they're likely will be a clawback mechanism. We just

[43:57] maybe don't know right now what that looks like. And

[43:59] some of those might be acceptable within the risk tolerance

[44:02] that the CA was outlined in some of those may

[44:04] not be in staff would assess that with the information

[44:07] from the discussion among council and closed session. And if

[44:11] we're not comfortable, that it was within the risk that

[44:15] we discussed. We would come back as the direction requires

[44:19] now. However, the more explicit we are, the more constrained

[44:24] staff are, certainly easy for staff, but may not end

[44:27] up being in the best interest of council. Councillor Nicholson.

[44:36] Well, contrary to the previous question. We have not given

[44:39] any direction yet. So as the sister said, we can

[44:43] give whatever directions of staff that this council wishes to

[44:46] give to staff. I'm not looking to tie our negotiator's

[44:50] hands. Um, I just having great trouble. Uh, I can

[44:55] live with most of it, um, if we go over

[44:57] the hundred and to go to 12, 000, I can

[45:00] even live with that risk because we're going to get

[45:02] more tax revenues and more growth. So we're going to

[45:05] get the money to pay for that. The problem lies

[45:09] in is, say, a hypothetically, we only get 5, 000

[45:13] units. Over the three years cycle. Now we've committed to

[45:18] all the work to be done. So we're on the

[45:19] hook for that. Are we looking at a possibility of

[45:23] a prurated reduction claw bag. Which could be 100 million

[45:27] dollars? I'm from the province. I'm worried that we're travelling

[45:30] down something that should be discussed in closed session. I'm

[45:36] trying to keep it as broad as I can. I

[45:38] still think we're crossing very close to crossing the line.

[45:41] Is there a policy? I guess my concern is I'm

[45:43] just trying to get some assurances as a member of

[45:45] council. That if negotiations don't go as well as we

[45:51] expect that we're given the directions we've all talked about,

[45:55] that we're going to get another kick of the can

[45:56] here. Or are we simply endorsing this today and we're

[45:59] never going to say it again. So in fairness to

[46:03] our CAO and to our treasurer, um, who we have

[46:07] trusted for four years, they do all the work on

[46:10] our behalf and do an supplementary job. I trust them

[46:14] on this. That they will act in the best interests

[46:17] of the region. And fulfill it. And, uh, as we

[46:20] heard from the CAO, she has said that if it

[46:23] causes something that is going to use this term, raising

[46:29] the hair on the back of their necks for not

[46:31] a better term, that, that they will deal with it

[46:34] in the appropriate manner. Um, I don't have a crystal

[46:38] ball. I don't know what's going to happen. But I

[46:40] don't want to handcuff our team. Um, we've heard from

[46:43] our CAO their plans and I respect that. All right.

[46:48] Thank you. Okay. Members Council, Councillor Nicholson asked for record

[46:54] a vote. Part. Okay. You asked for the recorder vote.

[47:01] Before I go to the recorded vote, Mayor Foster. Thank

[47:06] you Mr. Chair. I'll be brief some of the comments,

[47:10] particularly the comments in close session, uh, from, uh, Mayor

[47:14] Ash were, to my mind, bang on. You know, we're

[47:19] talking about the claw back, but that would be fairness.

[47:22] I mean, the upper levels of government would, would equally

[47:26] take risks. So, you know, so this mechanism. Remember we're

[47:29] an open session. Yeah. No, I'm not getting annotating detail,

[47:32] but it's fairness, frankly, to both parties. And as much

[47:38] as there is a focus on building houses and affordability

[47:43] and, you know, this would make houses sell it more

[47:46] affordable. We cannot lose sight of the plumber's electricians, uh,

[47:51] roofers, uh, the vast number of people that are not

[47:54] working today. Um, and the, the spin - offs in

[47:58] the economy. Uh, you speak Mr. Chair. Although I can't,

[48:03] I'm not going to say that because it wasn't closed

[48:06] session, but we look at the impact of the economy.

[48:09] We, we look at, uh, unemployment rates right now. I,

[48:13] you know, housing is important building communities is important. Getting

[48:18] these people to work, especially in the environment that we

[48:22] find ourselves in today, uncertainty on a geopolitical level. This

[48:26] is, uh, this is equally important. Uh, so I am,

[48:30] I am fully supportive of this. Understand the risks involved,

[48:34] but fully supportive. Thank you. Thank you, Councillor Kerr. Thank

[48:38] you, Chair. I'm just going to circle back to what

[48:41] Mayor Ash started this whole discussion with, and mind you,

[48:44] in closed session, but I'm not going to circle back

[48:46] in details. I'm just going to summarize this position as

[48:49] follows. Don't look at gift horse in the mouth. That's

[48:54] what this is. We're trying to get from A to

[48:57] B and develop, or A to Z in development. We're

[48:59] not getting there. Along comes somebody and says, here's a

[49:02] worse. They allow you to get there. And we're going

[49:03] to look at its teeth and make sure that the

[49:05] horses, and we're going to look at the hooves and

[49:08] we're going to brush the tail just to make sure

[49:10] before we get on the horse and ride down the

[49:12] road. No, let's get on the horse. Thank you. Thank

[49:16] you. Okay. Recorded vote has been called. Recorded voters. We'll

[49:20] call by Mayor Carter. Thank you, Mr. Chair, recorded vote

[49:25] on the confidential recommendations of the report, our starting now.

[49:41] Looking for councillor Wu. Thank you. And looking for councillor

[49:44] Leahy online. Second call, councillor Leahy.

[49:54] Last call, councillor Leahy online.

[50:09] It's unanimous securities. Um, members council, we're going to move

[50:13] on to the next item 5. 2. It is a

[50:15] confidential report from the Commissioner of Finance. This is on

[50:20] items that council has already dealt with. I don't think

[50:24] the need to go into closed session, but I would

[50:26] take a motion to go in closed session. Seeing none,

[50:30] Mayor Carter. Just at the appropriate time at Record of

[50:33] Vote, please. Well, first of all, let's get you to

[50:35] move it. Move by, thank you. Move by Councillor Chapman,

[50:40] seconded by another secondary councillor Anderson. Um, the item is

[50:45] on the floor, recorded vote was called by Mayor Carter.

[50:49] Councillor Kerr, before I call fast to clerk to take

[50:51] the vote. Yes, I just had, uh, one question, um,

[50:55] through you to our Commissioner of Finance. And it's just

[51:00] a clarification question. Some people may wonder this. I did.

[51:03] And I wonder if you'd be kind enough to explain

[51:05] the difference if we can do this between grant and

[51:09] a forgivable loan, please. Nicole. Yeah. So through the chair,

[51:16] uh, to the councillor, sorry, to the councillor. Hello. Um,

[51:20] the difference between the two. So for all intents of

[51:24] purposes, they are, uh, a forgivable loan is a grant

[51:28] in the sense that, you know, as long as we

[51:30] meet our obligations, we don't have to pay back that

[51:32] loan. So it is from that perspective considered a grant

[51:36] from an accounting treatment perspective. They are treated from an

[51:38] accounting perspective very differently, uh, a forgivable loan will counts

[51:44] as a, as a, as a liability, uh, on our

[51:46] books, uh, it's a contingent liability until we've, um, met

[51:52] all of the obligations that we have to meet. And

[51:53] because of that, it does count towards our debt cap

[51:56] as part of our provincial ARL, our annual repayment limit.

[52:02] But as long as we deliver the project, uh, there

[52:05] we will not have to repay that, uh, that portion

[52:08] of money. And when we do is just stricken and

[52:11] soft the dead cap. Thank you. Thank you. Councillor Nicholson.

[52:16] Thank you. Obviously I'm going to be supporting this. It's

[52:18] in my constituency. Um, also the project's underway. So if

[52:22] we didn't approve this, then we'd be on the hook

[52:25] for all that money. So this is kind of the

[52:27] reverse of the other debate we just had. So it's

[52:31] important this is very, very prudent financing. Thank you. Councillor

[52:36] Pentagon. It's okay. I'm going to withdraw my question. Thanks.

[52:41] Okay. Recorder vote was called by Mayor Carter. Mr. Clerk,

[52:46] when you're ready. Thank you, Mr. Chair, recorded vote on

[52:55] the matter is starting now.

[53:06] Looking for councillors Leahy and Waden online. Second call for

[53:13] councillors Leahy and Watton. Last call councillors Leahy and Watton

[53:21] online. Thank you.

[53:35] Okay. That carries. Um, unanimous. Members of council will move

[53:40] on to Mr. Clark. That's the business before Bylaws. Okay.

[53:45] Mayor Ash. Um, I have two motions. Let's move on

[53:52] myself and seconded by Councillor Dyes for the last time.

[53:56] She'll be seconding of motion. And that's the Bylaw number

[54:00] 2026 036 be passed. On Bylaws. We'll call the vote.

[54:06] All those in favor. If you would allow me, um,

[54:13] I'd like to move the confirming Byla. And I'd like

[54:17] Councillor Dyes to second it. Perfect. Uh, move by Chair

[54:25] Henry. Second of my councillor dies that the bylaw number

[54:28] 2026 037 being a Bylau to confirm the proceedings of

[54:32] council, the Regional Municipality of Durham at their meeting held

[54:35] on the 21st day of August, 2026 be passed. All

[54:40] those in favor. In opposition. Seeing none. Uh, remember members

[54:45] of Council. I hope you all wear sunscreen. Um, and

[54:49] I will see some of you out on the campaign

[54:51] trails. I wish you a wonderful safe rest to your

[54:54] summer and to staff. Awesome work on this. It was

[54:57] a short turnaround. I hope you get a holiday now

[55:01] too. Thank you. Motion to adjourn. Councillor Dyes. I'll speak.

[55:07] To it as well. To a German? Yes. Okay. Kelsor

[55:13] dies is moving adjournment. Second of all, Mayor Foster. And

[55:16] you'd like to speak to a German? Mr. Chair, we,

[55:19] uh, we thought a couple of weeks ago that, uh,

[55:21] it was perhaps the last meeting, uh, of this term

[55:25] of council, uh, this in fact is the last meeting.

[55:28] I would like to reiterate the comments, uh, that were

[55:31] made, uh, then. The one, how deeply appreciated, uh, your

[55:37] good leadership, your good and effective leadership. Uh, has been

[55:42] over the past four years, uh, and the accomplishments that

[55:45] we have made and accomplishments that we have made, uh,

[55:49] only by virtue of the work of the staff that

[55:53] support us. Uh, so, uh, Elaine to you and your

[55:56] team to the staff, uh, please accept congratulations. There are

[56:01] things that they should be exceptionally proud of changes to

[56:04] our community that will endure for a very long time,

[56:08] uh, and Mr. Chair, without your leadership, none of that

[56:10] would have happened. So, so accept my thanks, please. Thank

[56:13] you. Um. I'll call the vote. Councillor Kerr. Debating a

[56:22] journal. No, I'm not debating it. This is Councillor dies

[56:26] last meeting of her career. And I think I would

[56:28] just like to extend my thanks and having the joy

[56:31] of working with you. Some people for longer than me.

[56:34] And I just joined me in thank Councillor dies for

[56:36] a wonderful career.

[56:49] Call the vote. All those in favor. In opposition. Careful

[56:56] when you say that. In opposition, seeing none, that carries.

[57:01] Enjoy the rest of your day.

Special Meeting of Regional Council

Agenda

Transcript