[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.