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Home My WebLink AboutPD-4-99 . .. ON: P0-4-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Date: Monday, January 4, 1999 File #'12-..0 I C-I Res. # C:, \)\-~-7 (]' i Meeti ng: General Purpose and Administration Committee By-law # '19- / Report #: PD-4-99 FILE #: PLN 34.1.1 Subject: GOVERNING BY-LAW FOR THE LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE FI LE NO.: PLN 34.1.1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-4-99 be received; 2. THAT the governing By-law attached to Report PD-4-99 be forwarded to Council for approval; and 3. THAT the LACAC be advised of Council's decision. 1. 'BACKGROUND 1.1 In 1977 Council of the former town of Newcastle appointed its first Local Architectural Conservation Advisory Committee (LACAC). The LACAC has continued since that date working towards the preservation of Clarington's architectural heritage. 1.2 Part IV, Section 28 of the current Ontario Heritage Act (R.S.O., 1990, Chapter 0.18) permits the Council of a local municipality to establish a Local Architectural Conservation Advisory Committee consisting of not fewer than five members. The LACAC is to be responsible for advising and assisting Council on all matters related to the conservation of buildings of historic or architectural value and related to the designation of heritage conservation districts. The Ontario Heritage Act IS administered through the Ministry of Citizenship, Culture and Recreation. The OJ] REPORT NO.: PD-4-99 PAGE 2 Ministry informed staff that Council, at its discretion, may apply Section 28 of the Act to define the roles and responsibilities of the Committee. 1.3 As the Ontario Heritage Act does not give specific details of the scope of the LACAC's duties, the Committee deemed it appropriate to have a governing by-law prepared to clarify its responsibilities, and to address other issues such as the appointment of replacement members. At LACAC's request, Planning staff prepared the attached By-law. The By-law was reviewed by the LACAC Advisor for the Ministry and was presented to the LACAC for comment and approval. On October 20, 1998, the By-law was approved by the current LACAC. 1.4 Staff have surveyed the seven other municipalities within Durham Region as to whether or not they have established a mandate for their LACAC's by a separation by-law. Pickering, Ajax and Oshawa have passed by-laws setting out their LACAC's roles and responsibilities. The municipalities of Scugog and Brock do not have a LACAC and, as of the writing of this report, Whitby and Uxbridge have not responded to the survey request. 2. BY-LAW SUMMARY 2.1 The By-law sets a minimum of five members and appoints these members for a term concurrent with Council, or until a successor is appointed. It allows for the replacement of members as members resign or are deemed to be inactive, for the appointment of new members, and for the election of officers. It also indicates that the Municipal Treasurer will establish separate financial records on behalf of the Committee. This latter provision is the current practice. 2.2 The LACAC's roles and responsibilities are defined as follows: . to establ ish criteria for property eval uation; . to maintain a current list of built heritage resources; ( OJO REPORT NO.: PD-4-99 PAGE 3 · to advise Council on all matters as dictated by the Ontario Heritage Act; · to assist the Municipality on issues related to built heritage resources and cultural heritage landscapes; · to raise public awareness and education of the Municipality's heritage; · to utilize all available funds for the conservation of the Municipality's heritage; . to prepare a yearly report to Council; . to meet a minimum of eight times per year. 3 CONCLUSION 3.1 The Planning Department supports the desire of the LACAC to define their roles and responsibilities through this governing By-law. In most instances, it confirms existing roles and procedures. Therefore, staff request that Council adopt the attached By-law as the governing By-law for the Clarington LACAC. Respectfu Ily subm itted, Reviewed by, (/:) r ~ .~-(G Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. L___ D va. Crome, M.C.I.P., R.P.P. Acting Director of Planning & Development IL*DC*df 18 December 1998 Attachment # 1 - Governing By-law Interested parties to be notified of Council and Committee's decision: Ms. Janie Dodds LACAC Chai r 3917 Concession Road 8 R.R.#1 ORONO, Ontario LOB 1 MO 7 OJ/ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- being a By-law to govern the Local Architectural Conservation Advisory Committee and provide for the appointment of members thereto WHEREAS Part IV, Section 28 of the Ontario Heritage Act (R,S.O., 1990, Chapter 0.18) states that the Council of a Municipality may, by By-law, establish a Local Advisory Committee to be known as the Local Architectural Conservation Advisory Committee (LACAC) composed of not fewer than five members appointed by Council to advise and assist Council on all matters related to Parts IV and V of the Ontario Heritage Act (R.5.0., 1990 Chapter 0.18); AND WHEREAS the Council of the Corporation of the Municipality of Clarington deemed it advisable to establish such a Committee and has provided for the appointment of members thereto since 1977; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to clarify the mandate of such a Committee; NOW THEREFORE BE IT RESOLVED THAT the Counci I of the Corporation of the Municipality of Clarington enacts as follows: 1. The LACAC shall consist of a minimum of five members. No maximum number of members shall be set. Members shall be appointed by Council for a term concurrent with the term of the appointing Councilor until a successor is appointed. 2. The Council may, by resolution, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the LACAC. 3, The LACAC shall, at the fi rst meeti ng followi ng thei r appoi ntment, elect officers from the appointed Committee members. 4, The Council through the Municipal Treasurer shall establish separate records on behalf of the Committee, l; __, \) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99-1 being a By-law to govern the Local Architectural Conservation Advisory Committee and provide for the appointment of members thereto WHEREAS Part IV, Section 28 of the Ontario Heritage Act (R.S.O., 1990, Chapter 0.18) states that the Council of a Municipality may, by By-law, establish a Local Advisory Committee to be known as the Local Architectural Conservation Advisory Committee (LACAC) composed of not fewer than five members appointed by Council to advise and assist Council on all matters related to Parts IV and V of the Ontario Heritage Act (R.S.O., 1990 Chapter 0.18); AND WHEREAS the Council of the Corporation of the Municipality of Clarington deemed it advisable to establish such a Committee and has provided for the appointment of members thereto since 1977; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to clarify the mandate of such a Committee; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The LACAC shall consist of a minimum of five members. No maximum number of members shall be set. Members shall be appointed by Council for a term concurrent with the term of the appointing Councilor until a successor is appointed. 2. The Council may, by by-law, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the LACAC. 3. The LACAC shall, at the first meeting following their appointment, elect officers from the appointed Committee members. 4. The Council through the Municipal Treasurer shall establish separate records on behalf of the Committee. ..... - 2 - 5. The responsibilities of the LACAC shall be as follows: · to establish criteria for the evaluation of properties of architectural and/or historic value or interest; · to prepare, evaluate, update and maintain a list of built heritage resources; · to advise Council on all matters related relating to Part IV and V of the Ontario Heritage Act; · to advise and assist the Municipality on matters relating to built heritage resources and cultural heritage landscapes; · to implement programs and activities, as decided by the Committee, which would increase public awareness and education of heritage conservation issues; · to utilize funds budgeted by Council and generated through fund raising activities to conserve the Municipality's heritage, increase public awareness and education, conduct research and provide for the general administration of the Committee; · to prepare a yearly report to advise Council of the Committees' activities; and · to meet monthly for a minimum of eight times per year. BY-LAW read a first and second time this 11th day of January 1999. BY-LAW read a third time and finally passed this 11th day of January 1999. MAYOR CLERK