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HomeMy WebLinkAbout05/23/2017Final Council Agenda Date: Tuesday, May 23, 2017 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Cindy Fleming, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at cfleming@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net Council Agenda Date: May 23, 2017 Time: 7:00 PM Place: Council Chambers Page 2 1 Call to Order 2 Moment of Reflection 3 Declaration of Interest 4 Announcements 5 Adoption of Minutes of Previous Meeting(s) 5.1 Council Minutes Minutes of a regular meeting of Council May 1, 2017 Page 6 6 Presentations 6.1 Robert Howard, Campaign & Communications Director and Lynn Martin, Campaign Manager, United Way of Durham Region - Exceptional Achievement in a Municipality Award 6.2 Craig Ryan, President, Sherri Helwig, Interim Executive Director/Curator, and Dionne Powlenzuk, Programming/Operations Associate, Visual Arts Centre of Clarington; Ann-Marie Harley, Chair and Gary Blake, Secretary, A Gift of Art Gallery; David Rice, Rice Developments, Lucy Stocco, Tribute Communities and Diana Hills, Veridian Corporation - Proceeds of the For the Love of Art Mayor’s Gala 7 Delegations 7.1 Peter AP Zakarow – Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register (282 Liberty Street North) (Item 6 of the Planning & Development Committee Report) 8 Communications – Receive for Information There are no Communications to be received for information as of the time of publication. Council Agenda Date: May 23, 2017 Time: 7:00 PM Place: Council Chambers Page 3 9 Communications – Direction 9.1 Andrew Gumbinger – Request to Extend the Use of Temporary Living Quarters at 2830 Solina Road (Motion to approve a six-month extension for the use of temporary living quarters at 2830 Solina Road, subject to the signing of a further Letter of Undertaking) 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Newcastle Arena Board Minutes Minutes of the Newcastle Memorial Arena Management Board dated April 11, 2017 Page 16 10.1.2 SWNA Minutes Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 9, 2017 Page 20 10.1.3 Agricultural Advisory Minutes Minutes of the Agricultural Advisory Committee of Clarington dated May 11, 2017 Page 23 10.1.4 Accessibility Advisory Minutes Minutes of the Clarington Accessibility Advisory Committee dated May 3, 2017 Page 27 10.2 General Government Committee General Government Committee Report of May 8, 2017 Page 30 10.3 Planning & Development Committee Planning and Development Committee Report of May 15, 2017 Page 35 11 Staff Reports 12 Business Arising from Procedural Notice of Motion Council Agenda Date: May 23, 2017 Time: 7:00 PM Place: Council Chambers Page 4 13 Unfinished Business 13.1 Report PSD-033-17 Sidewalk Patios, Parklets and Streateries (Referred to Council by the Planning & Development Committee on May 15, 2017) Page 39 14 By-laws 14.1 2017-044 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington [Averton Homes (Bowmanville) Inc.] (Approved by Council on March 21, 2016) 14.2 2017-045 Being a By-law to authorize the Corporation of the Municipality of Clarington and the Province to enter into the Clean Water and Wastewater Fund Agreement Transfer Payment Agreement (Item 9 of the General Government Committee Report) 14.3 2017-046 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Brookfield Residential) (Item 3 of the Planning & Development Committee Report) 14.4 2017-047 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Gyaltsan Property Management Inc.) (Item 4 of the Planning & Development Committee Report) 14.5 2017-048 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Lanarose Homes Ltd.) (Item 7 of the Planning & Development Committee Report) 14.6 2017-049 Being a By-law to exempt a certain portion of Registered Plan 40M-1714 from Part Lot Control Council Agenda Date: May 23, 2017 Time: 7:00 PM Place: Council Chambers Page 5 15 Procedural Notices of Motion 16 Other Business 17 Confirming By-Law 18 Adjournment Council Minutes May 1 , 2017 - 1 - Minutes of a regular meeting of Council held on May 1, 2017, at 7:00 PM, in the Council Chambers Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor W. Woo Regrets: Councillor C. Traill Staff Present: C. Clifford, A. Allison, S. Brake, T. Cannella, J. Caruana, F. Langmaid, M. Marano, N. Taylor, G. Weir, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Woo led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Neal indicated that he would be declaring an interest with respect to Item 23 of the General Government Committee Report. Councillor Cooke indicated that he would be declaring an interest with respect to Item 27 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Resolution #C-109-17 Moved by Councillor Partner, seconded by Councillor Woo That the Rules of Procedure be suspended to allow for the introduction of a motion concerning the renaming of the Newcastle & District Recreation Complex. Carried This matter is considered later in the meeting under the Other Business Section of the Agenda. 6 Council Minutes May 1 , 2017 - 2 - 5 Adoption of Minutes of Previous Meeting Resolution #C-110-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the minutes of a regular meeting of April 10, 2017, be approved. Carried 6 Presentations Prior to the meeting, Roger Anderson, Chair, Regional Municipality of Durham, advised he would be unable to attend tonight’s meeting. Mr. Anderson’s presentation will be re-scheduled at a later date. 7 Delegations There were no Delegations scheduled for this meeting. 8 Communications – Receive for information There were no Communications to be received for information. 9 Communications – Direction Jonathan Rodger, Zelinka Priamo Ltd. – Comments on behalf of CP REIT Ontario Properties Limited and Loblaw Properties Limited - Valiant Property Management – Proposed Lowe’s Resolution #C-111-17 Moved by Councillor Neal, seconded by Councillor Hooper That Correspondence Item 9.1 from Jonathan Rodger, Zelinka Priamo Ltd., providing comments on behalf of CP REIT Ontario Properties Limited and Loblaw Properties Limited, regarding Valiant Property Management – Proposed Lowe’s, be referred for consideration during discussion of Item 3 of the Planning and Development Committee Report to Council. Carried 7 Council Minutes May 1 , 2017 - 3 - Gabriel Medel-Carratala, Blackbird Constructors 407 General Partnership – Highway 407 East Phase 2 Noise By-law Exemption Request Resolution #C-112-17 Moved by Councillor Woo, seconded by Councillor Cooke That the request from Blackbird Constructors 407 General Partnership, for an exemption to By-law 2007-071 to enable construction to be undertaken during night time (24 hour schedule) from May 8 to August 31, 2017, depending on weather, in the vicinity of Taunton Road and Highway 418 and along the future Highway 418 from Solina Road to south of Taunton Road, be approved in order to expedite the work and minimize the duration of traffic disruptions for users of Taunton Road, Solina Road and surrounding local roads. Carried 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 11, 2017 10.1.2 Minutes of the Agricultural Advisory Committee of Clarington dated April 13, 2017 10.1.3 Minutes of the Accessibility Advisory Committee dated April 5, 2017 10.1.4 Minutes of the Clarington Heritage Committee dated March 21 and April 18, 2017 Resolution #C-113-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Advisory Committee Report Items 10.1.1 to 10.1.4, be received for information. Carried 8 Council Minutes May 1 , 2017 - 4 - General Government Committee Report of April 18, 2017 Resolution #C-114-17 Moved by Councillor Partner, seconded by Councillor Woo That the recommendations contained in the General Government Committee Report of April 18, 2017 be approved, on consent, with the exception of items #3, #20, #23 and #27. Carried Item 3 – Brian Kelly, Manager of Sustainability, Office of the CAO, Region of Durham and Hida Manns, Durham Environmental Advisory Committee, Regarding the Durham Community Climate Adaptation Plan Resolution #C-115-17 Moved by Councillor Woo, seconded by Councillor Hooper That the Municipality of Clarington approve, in principle, the Durham Community Climate Adaption Plan 2016; and That the Interim CAO be directed to continue to have dialog with the Region of Durham regarding the staff resources available from the Municipality of Clarington to the Plan. Carried Item 20 – Architectural Conservancy of Ontario – Clarington Branch Resolution #C-116-17 Moved by Councillor Neal, seconded by Councillor Hooper That Grant Application #17-17 from the Architectural Conservancy of Ontario – Clarington Branch Society, be approved in the amount of $3000.00. Carried Councillor Neal declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 23 of the General Government Committee Report, as he is a member of the Board of Directors of Autism Home Base Durham and left the Council Chambers during discussion and voting on this matter. 9 Council Minutes May 1 , 2017 - 5 - Item 23 – Autism Home Base Durham Resolution #C-117-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Grant Application #17-20 from Autism Home Base Durham, be approved in the amount of $2500.00. Carried Councillor Neal returned to the meeting. Item 27 – Bowmanville District Navy League Councillor Cooke declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 27 of the General Government Committee Report, as he is a member of the Navy League and left the Council Chambers during discussion and voting on this matter. Resolution #C-118-17 Moved by Councillor Partner, seconded by Councillor Woo That Grant Application #17-24 from the Bowmanville District Navy League, be approved in the amount of $2000.00. Carried Councillor Cooke returned to the meeting. Planning & Development Committee Report of April 24, 2017 Resolution #C-119-17 Moved by Councillor Woo, seconded by Councillor Partner That the recommendations contained in the Planning & Development Committee Report of April 24, 2017 be approved, on consent, with the exception of item #3. Carried 10 Council Minutes May 1 , 2017 - 6 - Item 3 – An Application by Valiant Property Management Lowe’s Home Improvement Store Resolution #C-120-17 Moved by Councillor Hooper, seconded by Councillor Woo That Report PSD-021-17 and Addendum to Report PSD-021-17 be received; That Official Plan Amendment Number 110 and a related Zoning By-law Amendment to permit a Lowe’s home improvement store in the former Target building, be approved as contained in Attachment 3 and Attachment 4 to Addendum to Report PSD-021-17; That should a minor variance application be required for the CP REIT Ontario Properties Limited lands, at 2375 Highway 2 during the two-year time-out period, no further Council resolution is required; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum to Report PSD-021-17 and Council’s decision; and That all interested parties listed in Addendum to Report PSD-021-17 and any delegations be advised of Council’s decision. Carried 11 Staff Reports There were no Staff Reports considered under this Section of the Agenda. 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion considered under this Section of the Agenda. 13 Unfinished Business Report ESD-002-17 - Emergency and Fire Services – Governing By-law Update, Automatic Aid Agreement Update Resolution #C-121-17 Moved by Councillor Cooke, seconded by Councillor Hooper That Resolution #C-087-17 be lifted from the table. Carried 11 Council Minutes May 1 , 2017 - 7 - Council now had the following resolution before them: That Report ESD-002-17 be received; That the updated Emergency and Fire Services Governing By-law (Attachment 1 to Report ESD-002-17) be approved; That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with Port Hope, Attachment 2 to Report ESD-002-17, as amended as follows: to strike the words “and one rescue van” from item 2.2 of the Agreement; and to replace the words “seven men” with the words “five firefighters” in item 3; and That By-law 2010-077 and By-law 2001-172 be repealed. Resolution #C-122-17 Moved by Councillor Partner, seconded by Councillor Cooke That the foregoing Resolution #C-087-17 be further amended as follows: a) To delete “a triple combination fire truck (pumper) with at least 500 gallons of water and one blocker (if required)” and replace it with “two fire apparatus with at least 500 gallons of water to respond to all fire protection services listed in Section 1.” in items 2.1 and 2.2 of the Agreement; b) To strike the words “and one rescue van equipped with the equipment to perform normal extrication calls and First Aid equipment to perform normal first aid in emergencies” in items 2.1 and 2.2 of the Agreement; c) To delete “County Road 28 interchange, exit 464” and replace it with “Wesleyville Road, exit 456” in item 2.1 of the Agreement; d) To strike the word “interchange” from item 2.2 of the Agreement; e) To delete “a minimum of five firefighters” and replace it with “the minimum manpower required for these services” in item 3 of the Agreement; and f) To delete “10th day of April” and replace it with “1st day of May” in item 6 of the Agreement. Carried Item 13.1 is further discussed later in the meeting. 12 Council Minutes May 1 , 2017 - 8 - 14 By-laws Resolution #C-123-17 Moved by Councillor Hooper, seconded by Councillor Neal That leave be granted to introduce By-laws 2017-033, 2017-037, 2017-041, and 2017-042 14.1 2017-033 Being a By-law Governing the Emergency and Fire Services, and the Provision of Mutual Aid and Automatic Response, and to Repeal By-law 2010-077 (Item 13.1 of Unfinished Business) 14.2 2017-037 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Valiant Property Management) (Item 3 of the Planning & Development Committee Report) 14.3 2017-041 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of the General Government Committee Report) 14.4 2017-042 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington [Averton Homes (Bowmanville) Limited] (Item 2 of the Planning & Development Committee Report); and That the said by-laws be approved. Carried 15 Procedural Notices of Motion There was no Procedural Notice of Motion considered under this Section of the Agenda. 16 Other Business Resolution #C-124-17 Moved by Councillor Partner, seconded by Councillor Woo Whereas Diane Hamre, in her public service as a former Member of Council and a former Mayor, has made a significant contribution to the Municipality of Clarington; and Whereas it would be a fitting tribute to her contributions to rename a municipal facility after her; 13 Council Minutes May 1 , 2017 - 9 - Now therefore be it resolved: a) That the Naming of Municipal Buildings/Facilities Policy, as detailed in Report CSD-03-04, approved by Council Resolution #C-151-04, be waived; b) That the Newcastle & District Recreation Complex, located at 1780 Rudell Road in Newcastle, be renamed to the “Diane Hamre Recreation Complex”; and That the family of the late Diane Hamre be advised of Council’s decision. Carried on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Mayor Foster √ The Other Business Section of the Agenda is continued later in the meeting. 13 Unfinished Business (Cont’d) 13.1 Report ESD-002-17 - Emergency and Fire Services – Governing By-law Update, Automatic Aid Agreement Update (Cont’d) The foregoing Resolution #C-087-17 was then put to a vote and carried as amended. 16 Other Business (Cont’d) Councillor Neal requested an explanation as to why the Interim CAO had provided direction to fill certain positions as outlined in his memorandum dated April 12, 2017, as he was of the opinion that any hiring would only occur subsequent to the Interim CAO reporting back to Council following a review of job designs, silos, service delivery process, Building and Planning process review, and the IT Strategic Plan. Resolution #C-125-17 Moved by Councillor Neal, seconded by Councillor Partner That Council recess for ten minutes. Carried The meeting reconvened at 8:15 PM. 14 Council Minutes May 1 , 2017 - 10 - The Interim CAO referred to Resolution #C-031-17 from the February 6, 2017, minutes. He acknowledged that the reference was slightly different than what was referenced in his note but stated that the result is still the same and he believes he is following the intent of Council’s direction. He confirmed that no positions are being filled where service area reviews are being undertaken. Councillor Neal requested clarification on the process of notifying Council of additional items Members of Council intend to introduce at a Council meeting. He expressed concern that he had previously been denied an opportunity to follow the same process as the notification provided to Council on Councillor Partner’s intention to introduce the motion regarding the re-naming of the Newcastle & District Recreation Complex at tonight’s meeting. The Municipal Clerk clarified that the Council Agenda does not have a “New Business” Section, and as such the Rules of Procedure are required to be suspended in order to add any items of new business. She stated Councillor Partner’s motion was included in the same e-mail as the Final Agenda, but was not added to the agenda. An explanation was provided that it was intended to be introduced at the meeting. The Municipal Clerk confirmed this is the same practice as has been followed in the past. 17 Confirming By-law Resolution #C-126-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2017-043, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 1st day of May, 2017; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-127-17 Moved by Councillor Partner, seconded by Councillor Cooke That the meeting adjourn at 8:25 PM. Carried _____________________ __________________ Mayor Municipal Clerk 15 Newcastle Memorial Arena Management Board Municipality of Clarington Minutes of Meeting – April 11, 2017 In Attendance: Gord Lee, Chair Bryan Wiltshire, Arena Manager Shea-Lea Latchford, Carol Little, Susan White, Peter Kennedy, Gary Oliver, Councillor Partner, Regional Councillor, Woo Regrets – Jay Summers • Call to Order -7:10 P.M. • Adoption of Minutes – Motion # 17-009 was proposed: THAT: The minutes of February 14, 2017 are accepted as presented. Moved by: Peter Kennedy Seconded by: Councillor Partner CARRIED Motion # 17-010 was proposed: THAT: The 2017 income forecast and budget be accepted, as presented by the chair. Moved by: Gary Oliver Seconded by Carol Little CARRIED Motion # 17-011 was proposed: THAT: The price increases to ice and floor rental rates proposed by the board members and reflected in our 2017 income forecast be accepted and put in place for September, 2017. Moved by: Peter Kennedy Seconded by: Susan White CARRIED 16 (2) • Arena Manager’s Report: Clarington Minor Lacrosse League was to commence at the arena on April 16th, 2017. All indications suggested we may get a slight increase in rental hours, with games on Saturdays, rather than practices. Not confirmed yet but, we should obtain at least as much summer floor revenue as last season. 2016 summer revenue was $12,691.00. Gary Oliver suggested we attempt to open the snack bar for Saturday summer lacrosse games, should they be scheduled and we are advised in advance. This would help us move some of the left-over stock in the snack bar, particularly the beverages that don’t dispense in the vending machine and the Slushie and Popcorn inventory. Bryan’s part-time summer employee could handle the snack bar on those game days. Bryan advised inspection and plans by the municipality to upgrade our electric panels are being carried out and tenders are about to be requested. Tentative plans call for upgrades to be completed this summer. The Newcastle & District Chamber of Commerce had officially cancelled their summer trade show at the arena. Twice they had requested date changes and then, cancelled all together. Lack of volunteer assistance was cited. Arrangements had been made to have the Olympia picked up and serviced. It will be returned in August. All the unruly vines along the east fence line had been cut down and disposed of. Peter Kennedy, whose back yard is adjacent to the fence, suggested we could possibly replace and plant a few cedar trees along the fence line to keep the parking area reasonably private for all of the property owners backing onto the arena property. Bryan reported nothing had been done about a water bottle filling station as yet. This subject is now on the Municipality Hall Board Information Meeting of May 27th. All board members are invited to attend. At our May 9th, meeting, the agenda will be provided and a list of attendees from our board will be solicited. Questions can also be submitted by any member, in advance of the meeting. Safety inspection and reports are being completed by Sue and Bryan on a regular basis, with Bryan following up on any issues. Gord and Bryan are scheduled to meet with Mr. Horvath on June 1st, 2017 to review the Health & Safety Binder provided by his office. We are still waiting on the revision of our rental contracts and what requirements the municipality now is requesting from the Clarington Farmers’ Market. This will all be taken up at our meeting in June. 17 (3) • Financial Report – An income statement was provided for YTD March 31st, 2017 with $131,955.70 in revenue and accounts receivables at $80,897.92 – 38% of A/R being current, ($30,400.00). Bryan will be working on the receivables to bring collections up to date. • New Business – Discussions took place regarding the declining sales in the snack bar and the future operation of same. Sales revenue hardly covers employee cost to operate. With minimum wages in the vicinity of $11.00/hr. plus vacation pay and CPP, are losses are significant. Motion # 17- 012 was proposed: THAT: The snack bar is closed permanently and we move to a full vending operation before opening for the fall/winter 2017 season, in September. Moved by: Shea Lea Latchford Seconded by: Councillor Woo CARRIED Further to the above, our current candy vendor offered to place additional vending equipment on location with a similar arrangement to the 30% commission we currently receive. Gord and Bryan will search out other options and talk with Community Services and Operations Department and bring suggestions back to the board members. This will all be completed in May June and plans implemented for early August. • Next Meeting: Tuesday May 9th, 2017 – 7:00 P.M. • Adjournment: Motion # 17-013 – Motion to Adjourn – Moved by: Councillor Partner Seconded by: Shea-Lea Latchford CARRIED 18 Arena Board Financials (Forecast & Actual 2017) Revenue 2015 Actual 2016 Actual 2016 April, 30 April 30,2017 2017 Forecast Ice Rental $251,430.35 $256,966.91 $128,713.58 $270,500.00 Public Skating $3,930.83 $4,211.04 $2,442.04 $4,500.00 Canteen Sales $17,758.57 $10,966.40 $4,611.56 $6,000.00 Vending Sales $423.01 $1,091.15 $803.11 $6,500.00 Sign Rentals $7,200.00 $10,500.00 $0.00 $7,500.00 Summer Rentals $10,416.15 $12,691.38 $1,203.67 $10,000.00 Upstairs Rentals $5,110.62 $4,032.75 $2,100.00 $5,000.00 Storage Charges $1,200.00 $1,200.00 $1,200.00 $1,200.00 Misc. Income $0.00 $0.00 $0.00 Total Revenue $297,469.53 $301,659.63 $140,773.04 $311,200.00 Payroll Expense Wages -Arena $107,489.51 $107,277.80 $47,042.63 $109,400.00 Wages - Canteen $11,207.96 $8,932.59 $3,602.06 $4,500.00 Vacation Pay $5,741.91 $5,685.10 $2,224.39 $5,200.00 E.I. Expense $3,011.55 $2,950.83 $1,103.79 $2,600.00 C.P.P. Expense $3,826.34 $4,044.83 $1,671.71 $3,800.00 W.C.B. Expense $2,556.23 $2,488.37 $1,631.88 $2,200.00 Employee Bn'fts.$5,724.99 $7,998.11 $1,763.39 $7,000.00 Total Payroll $139,558.49 $139,377.63 $59,040.25 $134,700.00 Genr'l. Expenses Bookkeeping $10,160.00 $10,000.00 $3,680.00 $10,000.00 Capt'l Expenditr's $0.00 $0.00 $0.00 $10,000.00 General Admin.$2,702.62 $819.16 $818.38 $2,200.00 Canteen Purch's $11,637.33 $9,447.36 $2,318.84 $4,000.00 Bank Charges $600.19 $561.18 $356.56 $700.00 Bad Debts $0.00 $0.00 $0.00 $0.00 Propane Exps'e $2,856.09 $3,702.31 $1,914.68 $4,400.00 Property Maint.$14,075.99 $23,296.20 $2,678.10 $18,000.00 Property Oper.$21,982.82 $8,361.09 $2,486.91 $11,000.00 Office Expense Included/ Gen. Admin.)$0.00 $0.00 Tel. & Internet $4,272.67 $4,324.78 $954.83 $5,000.00 Water $5,858.15 $6,300.24 $3,887.92 $7,000.00 Hydro Costs $48,803.65 $56,012.30 $30,090.72 $72,000.00 Heating Costs $7,723.80 $7,089.37 $5,600.38 $10,000.00 Penalties $0.00 $191.89 $0.00 $200.00 Misc. Expense $1,142.08 $0.00 $142.83 $0.00 Total Gen. Expn's $131,815.39 $130,105.88 $54,930.15 $154,500.00 Total All Expense $271,373.88 $269,483.51 $113,970.40 $289,200.00 Income Y.T.D.$26,095.65 $32,176.12 $26,802.64 $22,000.00 19 Draft minutes – Not yet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD TUESDAY MAY 9, 2017 6:30 PM On-site Present: Brian Reid Tom Hossie Jim Cleland Paul Davidson Kate Potter Leo Blindenbach Patrick Bothwell Regrets: Councillor Corinna Traill Suzanne Land Melanie McArthur Staff Present: Peter Windolf 1. AGENDA MOVED: by Patrick Bothwell SECONDED by Paul Davidson THAT : the agenda for May 9, 2017 be accepted with the following additions; -Spring clean-up re-cap -New member update -New garbage containers, bird and butterfly houses CARRIED 2. MINUTES OF PREVIOUS MEETING Approval of Minutes MOVED: by Leo Blindenbach SECONDED by Tom Hossie THAT: the minutes of April 11, 2017 be approved CARRIED 20 SWNA May 2017 Minutes 2 3. ITEMS/UPDATES Newcastle Plant Sale On Saturday May 13 from 9am-noon Brian Reid will attend the Newcastle Horticultural Society annual plant sale. The SWNA will have an information table to distribute milkweed seeds and handouts about butterfly friendly plants. Any members available to assist can contact Brian. Milkweed/Nectar planting project On Saturday May 27 two planting projects will be occurring at the SWNA and the Port of Newcastle Waterfront Park. At 9:00am a group of volunteers from Scouts Canada and OPG will be planting 600 perennials along the top of bluff at Port of Newcastle Waterfront Park to enhance monarch butterfly habitat. OPG is paying for the supply and delivery of the plants. This planting project is to supplement a new 6m wide no-mow zone to be established along the top of the bluff. Last fall approximately 3000 milkweed seeds from the SWNA were collected. Many have been given away to the public however 200 seeds were germinated in trays and will be ready for planting at the SWNA on May 27 at 11:00AM. An additional 200 milkweed plants have been purchased through donations from the Bowmanville Rotary and Newcastle Lions. The planting will occur on the west side of the SWNA in the Lake Meadow. Operations Department will roto-till several planting zones in advance of the event. Ten classes at Duke of Cambridge School and four classes at Newcastle Public School are currently propagating milkweed seeds. On May 31, 120 students and parent volunteers in two groups will arrive at 11:00 to plant the milkweed in a roto- tilled zone just south of the Newcastle Memorial Forest. Any SWNA members able to assist are welcome to attend. SWNA Forest Trail Opening The construction of the woodland trail that links the Waterfront Trail to the existing trail along the north side of the sewage treatment plant was scheduled for completion in late May. One section of the trail is currently under water so paving may have to be delayed until after the official opening. The official opening will be Saturday May 27 at 10:00AM. A notice has been sent to the Mayor and Council. All SWNA committee members are encouraged to attend. 21 SWNA May 2017 Minutes 3 Durham Field Naturalists presentation Brian Reid has been invited to do a 15 minute presentation on the SWNA Monarch butterfly initiatives at the May 29 meeting of the Durham Field Naturalists. The meeting starts at 7:30 PM at the Oshawa Recreation Complex on Thornton Road. All committee members are welcome to attend. Friends of Second Marsh event On June 3 Friends of Second Marsh are hosting a special event and have asked the SWNA committee to share information about recent SWNA initiatives. Brian Reid has confirmed that he will attend to represent the committee but any other members that can attend for the entire or part of the day would be appreciated. Spring Clean-up The annual spring clean-up of the Port of Newcastle, Bond Head, and SWNA occurred on Saturday April 29 at 10:00 am-Noon. 19 volunteers collected trash at the SWNA and over 2200 lbs of trash was collected from all 3 sites. New Member update One application was received for the vacant position on the SWNA committee. The member should be appointed by Council in advance of the June meeting. New garbage containers, bird and butterfly houses Painted garbage barrels and birdhouses built by Clarke High School have now been installed at the SWNA. The new garbage containers painted with environmental themes are very colourful and noticeable and are a welcome addition to the site. The butterfly boxes are still under construction and will be installed once the Clarke High School has completed them. 4. OTHER BUSINESS N/A 5. MOTION TO ADJOURN MOVED: by Patrick Bothwell SECONDED by Jim Cleland THAT: the meeting be adjourned. CARRIED Adjournment 7:30 PM Next Meeting: Tuesday June 13, 7:00PM Notes prepared by: P.Windolf 22 Agricultural Advisory Committee of Clarington May 11, 2017 Agricultural Advisory Committee of Clarington Meeting Thursday, May 11, 2017 Members Present: John Cartwright Brenda Metcalf Eric Bowman Tom Barrie Henry Zekveld Ted Watson Richard Rekker Les Caswell Don Rickard, Regrets: Jennifer Knox, Elgin Greenham, Councillor Wendy Partner Guests: Paul Ruttan, Dave Keys, Erin Jankovich, Jose Luis Beltran Simal Blackbird Staff: Lisa Backus, Planning Services Brenda welcomed all to the meeting, with introductions. Adoption of Agenda 017-11 Moved by John Cartwright, seconded by Les Caswell “That the Agenda for May 11, 2017 be adopted” Carried Approval of Minutes 017-12 Moved by John Cartwright, seconded by Ted Watson “That the minutes of the April 13, 2017 meeting be approved” Carried Brenda opened the meeting with a reminder that this is Farm Safety Day at the end of month and reminded all members of the committee to take the time to ensure all activities on the farm are safe. Update: 407 and 418 construction by Blackbird Blackbird indicated the Harmony to Taunton section is on schedule to open late this year. Diligently working on the 407 to Taunton and the 418 to 401 sections. The next phase is 407 Solina/Hampton to Hwy 35/115. Approximately 75% of the design is complete on the final section, construction is ongoing. 23 Agricultural Advisory Committee of Clarington May 11, 2017 The fencing that had been chain-link through Clarington has been changed to page wire, except at the interchanges, and south of Highway 2 to the 401 or where it is already installed. Where needed this fencing is augmented with the wildlife fencing that directs animals to the wildlife passages. Gateways - the entry into Clarington is represented by a silo with the Municipal Crest on the side, there was no particular objection to this symbolism being used. For the bridge embossments that are to represent agriculture it was recommended that the horns be removed from the cow, the remainder of the symbols are fine. For the Solina sign and others that will be like them the material is to be reclaimed for the buildings that have been demolished. In particular the Kirby sign will have stone from the foundations of the homes. Committee members recommended that the `story` to be told with all the signs so that the meaning is not lost. These signs will be installed in the 407 right of way with the exception of the Solina sign which will be on Solina Road itself, and will be maintained by Blackbird. The barn swallow structures are being used as are some of the other structures and measures that were implemented for wildlife mitigation. There are many details; should a farmer need access through the construction zone to facilitate their operation the number to call is Dave Hainer. Office: 905-443-3390 ext. 23142. E-mail: dhainer@bbc407.ca Property issue details should be taken up with MTO directly. Contact is Chris Brown telephone 416.235.3494 | e-mail chris.brown2@ontario.ca Business Arising Zoning By-law Review There are questions that the committee should respond to such as: 1. Are the proposed permitted uses appropriate? Are any of the uses listed concerning, if so, why? Are there any uses we should add? 2. At what scale do the proposed permitted uses become inappropriate, possibly requiring a greater level of control (e.g. zoning by-law amendment, site plan control)? Considerations of scale could include size, height, location, lot area, floor area, scale of goods or materials, parking, signage, etc. 3. Do you have any comments respecting the regulation of this type of on-farm diversified use? As a follow-up to the presentation at the March meeting, Staff have prepared a chart on on-farm diversified uses, home based occupations, home industry uses, value-added, agri-tourism and retail uses. The chart was circulated to members for their feedback individually. Committee members asked to be sent a reminder every week about this. Subcommittee of Ted Watson, Richard Rekker, Eric Bowman and Brenda Metcalf will work with staff in advance of the July meeting. Tracey Webster and Amy Burke will be in attendance at the June meeting to discuss other Zoning related issues. 24 Agricultural Advisory Committee of Clarington May 11, 2017 Correspondence and Committee Reports There were no Council items or referrals. There have been a number of items e-mailed out over the month, including information about the Well Workshop and OAC Survey. Durham Agriculture Advisory Committee: • 2017 DAAC Farm Tour September 20 at Picov Downs in Ajax, different stations will be set up for educational displays/talks. • Review of Farm Protection Act, problems appear to be with flies, odor (such as mushroom, compost) and noise (bird bangers) as normal farm practices. None of these problems were associated with Durham farms. Durham Region Federation of Agriculture: • AGM held, looking for a more favourable date in future. • DRFA working on Family Farm Safety Day, looking for funding for a safety calendar. • OFA has indicated that farm business registration will increase to $225, by 2020 $240 and 2022 $255. • Soil Classification Letter is being worked on and will be shared when available. Clarington Board of Trade: • CBOT Annual General Meeting was held on April 19 Don was honoured for his work with CBOT over the past 5 years. • Agriculture Familiarization Tour May 17 at Link Greenhouses from 11:00 a.m. to 12:30 a.m. RSVP to bonnie@cbot.ca • Working with Municipality and Region on getting funding in place for the improvement (reconstruction) of Waverly interchange to facilitate economic development in the form of a redevelopment of the former RONA site Farm Connections • Durham Farm Connections Grade 3 Annual Event was held at Luther Vipond Memorial Arena, Brooklin April 4-6, well attended. • Working on Farm Safety Day with Durham Farm family resource group • Held a Tea to honour the contribution of Women`s Institutes to the rural community. New Business Farmer`s Parade – Wrap-up meeting has been held with Clarington and Police. There are improvements that can be made for future years that the group will be working on. Asked to submit application early in the year to get working on it. Bee City Initiative –Councillor Partner, Faye met with student, requested a plan from the group on how they were going to carry out the education components and events. Indicated that a resolution by Council that involved the restriction of pesticides would 25 Agricultural Advisory Committee of Clarington May 11, 2017 have similar result as the monarch butterfly program which is we will work within the program but not pass a resolution. Future Agendas Durham Climate Change Adaptation Plan, Hida Manns and Brian Kelly have been invited to either July or August meeting. John will be inviting Barry and Mark Bragg to speak about their operation and value- added initiatives. Participation House, Jenni Knox to follow-up. John Cartwright moved to Adjourn. Next Meeting, Thursday, June 8, 7:00 p.m. Tracey Webster and Amy Burke on the Zoning By-law review. C:\Users\tg03\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\VTY9K0A8\Draft Minutes_ Meeting_11 May 17.docx 26 Clarington Accessibility Advisory Committee May 3, 2017, 6:30 P.M. Council Chambers Present: André O’Bumsawin Tim Van Leeuwen Maureen Reed Sally Barrie Shea-Lea Latchford Also Present: Jeannette Whynot – Accessibility Coordinator Mayor Foster (7:15pm) Regrets: Councillor Partner Jacqui Watchorn Meeting was called to order at 6:37pm. 1. Adoption of Minutes Moved by André O’Bumsawin seconded by Maureen Reed That the minutes of the meeting of April 5, 2017 be approved. Carried 2. Presentation The Accessibility Coordinator led the Committee through a consultation on the updated Multi-Year Accessibility Plan (MYAP). Beginning with the Customer Service Standard, the Committee provided feedback and ideas on each of the five Standards under the Accessibility for Ontarians with Disabilities Act (AODA). 3. Business Arising From Minutes (a) ServiceOntario Bowmanville Update The Accessibility Coordinator advised the Committee that after the April meeting, the Municipality was expecting to issue an Order under the Ontario Building Code for the non-complaint ramp at the Bowmanville ServiceOntario location. However, the ramp was removed before the Order could be issued, so the Municipality was not able to take any action. A discussion about what the Committee could do next took place. The Accessibility Coordinator and Committee Chair advised the Committee that they were working with Councillor Partner on possible next steps. The Committee 27 Clarington Accessibility - 2 - May 3, 2017 Advisory Committee once again expressed their deep frustration that the Bowmanville ServiceOntario location is not accessible and the lack of action from the Province on this issue. (b) Maple Fest Schedule Shea-Lea Latchford went over the volunteer schedule for Maple Fest and explained where the Tourism tent should be located. (c) National Access Awareness Week The Committee was advised that the Mayor had proclaimed May 28-June 3, 2017 as National Access Awareness Week in the Municipality of Clarington. Additionally, the Committee’s request for a flag raising was also approved and is scheduled for Monday May 29th at 9 am in from of Town Hall. The Committee’s delegation to Council in support of National Access Awareness Week is also scheduled for May 29th. The Committee was advised by the Accessibility Coordinator General Government meeting begins at 9:30 am but there is no way to predict what time André will give the delegation because agendas can fluctuate depending on what is scheduled. 4. New Business (a) Accessible Businesses for Clarington Tourism The Accessibility Coordinator thanked the Committee for their help in identifying physically accessible businesses in Clarington and requested that they continue sending their recommendations. Maureen Reed asked if it was possible to use the Clarington Board of Trade to have businesses self-identify as accessible, to help with the task. Committee members discussed this but many felt that many businesses think they are accessible but are not and so it would be dangerous to forward on that information without it being verified by the Committee in some way. As an idea for future work with the Board of Trade, the Committee agreed it would be worth exploring but that anything claimed to be accessible would need to be verified. The Accessibility Coordinator advised the Committee that she is preparing the information in such a way that things like power-door operators and accessible washrooms are identified as individual characteristics. This way, people will know what they can expect and the level of accessibility they will encounter. (b) Durham Region Accessibility Award Nominations The Accessibility Coordinator provided Committee members with a copy of this year’s call for nominations from the Region of Durham. Nominations will be discussed and voted on at the June 6th AAC meeting. The Committee was encouraged to think of businesses, organizations and individuals who have never been nominated before. 28 Clarington Accessibility - 3 - May 3, 2017 Advisory Committee 5. Regional Update (a) Regional Updates No Regional updates were provided. (b) Regional AAC Minutes Regional AAC minutes were distributed to Committee members for their interest. 6. Other Business No other business was brought forward. 7. Date of Next Meeting Wednesday June 6, 2017 at 6:30 pm. 8. Adjournment Moved by André O’Bumsawin seconded Tim Van Leeuwen That the meeting adjourn. Carried The meeting concluded at 8:06 pm. _________________________ Chair _________________________ Secretary 29 General Government Committee Report to Council Page 1 Report to Council Meeting of May 23 , 2017 Subject: General Government Committee Meeting of Monday, May 8, 2017 Recommendations: 1.Receive for Information (a) 8.1 Minutes of the Newcastle Village Community Hall Board, dated March 21, 2017 (b) 8.2 Minutes of the Tyrone Community Centre, dated April 19, 2017 (c) 8.3 Minutes of the Central Lake Ontario Conservation Authority, dated April 25, 2017 (d) 8.4 Minutes of the Ganaraska Region Conservation Authority, dated April 20, 2017 (e) 8.5 Minutes of the Bowmanville Business Improvement Area, dated April 11, 2017 (f) 8.6 Minutes of the Kawartha Conservation Authority, dated March 22, 2017 and March 29, 2017 (g) 8.7 Roger Anderson, Regional Chair and CEO, The Regional Municipality of Durham – Regulatory Registry Proposal Number: 17 MNRF004 – Proposed Changes to Regulation 244/97 Aggregate Fees and Royalties (h) 8.8 Geoff Gordon, Vegetation Management Specialist, Canadian Pacific – Canadian Pacific 2017 Vegetation Control Program (i) FND-009-17 Financial Update as at March 31, 2017 30 General Government Committee Report to Council For Council Meeting of May 23, 2017 Page 2 2.Simon Walker, Cooperative Education Teacher, Jasmine Martin, Emily Jackson, and Sam Walker, Bowmanville High School, Regarding Recent ME to WE Trip to Tanzania That the delegation of Simon Walker, Cooperative Education Teacher, Jasmine Martin, Emily Jackson, and Sam Walker, Bowmanville High School, regarding recent ME to WE trip to Tanzania, be received with thanks; and That the request, for the Municipality of Clarington to purchase a mobile water filling station for use at events, be referred to staff. 3.Linda Lowery, Chairperson, Heads Up Durham, Regarding Brain Injury Awareness Month That the delegation of Linda Lowery, Chairperson, Heads Up Durham, regarding Brain Injury Awareness Month, be received with thanks. 4.Larry Shanks Executive Director and Pamela Young - Director of Community Development, SafeHope Home, Regarding Fighting Sexual Exploitation & Trafficking That the presentation of Larry Shanks, Executive Director, and Pamela Young, Director of Community Development, SafeHope Home, regarding fighting sexual exploitation & trafficking, be received with thanks. 5.Gabriel Medel-Carratala, Design-Build Director Blackbird Constructors 407 General Partnership – Highway 407 East Phase 2 Noise By-law Exemption Request That the request from Blackbird Constructors 407 General Partnership, for an exemption to the Municipality’s Noise By-law 2007-071 for work along the future Highway 418 from north of Highway 2 to Highway 401 from June 1, 2017 to October 31, 2017, be approved. 6.Appointment to the Samuel Wilmot Nature Area Management Advisory Committee That Report CLD-009-17 be received; That James Hodge be thanked for his contribution to the Samuel Wilmot Nature Area Management Advisory Committee; 31 General Government Committee Report to Council For Council Meeting of May 23, 2017 Page 3 That Meaghan Vandenbrink be appointed to the Samuel Wilmot Nature Area Management Advisory Committee for a term ending December 31, 2018 or until a successor is appointed; and That all interested parties listed in Report CLD-009-17 and any delegations be advised of Council's decision. 7. Appointment to the Clarington Public Library Board That Report CLD-010-17 be received; That Kerri Davis be thanked for her contribution to the Clarington Public Library Board; That Janice Jones be appointed to the Clarington Public Library Board for a term ending December 31, 2018 or until a successor is appointed; and That all interested parties listed in Report CLD-010-17 and any delegations be advised of Council's decision. 8. Newcastle Intersection Improvements That Report COD-008-17 be received; That Aloia Brothers Concrete Contractors Ltd. with a total bid amount of $300,077.27(Net HST Rebate) being the lowest compliant bid meeting all terms, conditions and specifications of Tender CL2017-4 be awarded the contract for the Newcastle Intersection Improvements as required by the Engineering Services Department; That the funds required for this project in the amount of $385,090.09 (Net HST Rebate) which includes the construction cost of $300,077.27 (Net HST Rebate) costs such as inspection and contract administration, material testing, permit fees and contingencies of $85,012.82 (Net HST Rebate) be funded by the Municipality as follows: Newcastle Streetscape 110-32-338-83436-7401 $ 212,319.09 Pavement Rehabilitation 110-32-330-83212-7401 $ 123,761.28 Sidewalks Various 110-32-331-83215-7401 $49,009.72 That all interested parties listed in Report COD-008-17 and any delegations be advised of Council’s decision by the Purchasing Division. 32 General Government Committee Report to Council For Council Meeting of May 23, 2017 Page 4 9.Federal Clean Water and Wastewater Fund That Report EGD-013-17 be received; That the By-law attached to Report EGD-013-17 (Attachment 1 to Report EGD-013-17) be approved; That all interested parties listed in Report EGD-013-17 and any delegations be advised of Council's decision. 10.Cedar Crest Beach Flooding – Request for Report on Actions Taken That the Director of Emergency & Fire Services report back to the May 29, 2017 General Government Committee meeting with a full report outlining actions taken with respect to the flooding in Cedar Crest Beach Area from April 25, 2017 to present date, with reference to the provisions and applications of Emergency Services Emergency Plan. 11.Canada Day Fireworks Display at Garnet B. Rickard Recreation Complex on July 1, 2017 Whereas the Orono Agricultural Society informed the Mayor’s Office that the Society will not be able to organize the annual Clarington fireworks display held at the Garnet B. Rickard Recreation Complex on July 1, 2017; And Whereas the opportunity for the Celebrate Canada funding program through the Department of Canadian Heritage is unavailable; And Whereas the Municipality of Clarington deems it desirable to continue with the tradition of a fireworks display on July 1, 2017; And Whereas July 1, 2017 marks the 150th Anniversary of the Confederation of Canada; Now therefore be it resolved that the Community Services Department be directed to co-ordinate the July 1, 2017 Canada Day Fireworks Celebration at the Garnet B. Rickard Recreation Complex; That $12,000 be allocated to the Community Services Department to cover the costs for the fireworks display, tenting and staging requirements; and That the funds be charged to the General Capital Reserve, Account #100-00-000-00000-2917. 33 General Government Committee Report to Council For Council Meeting of May 23, 2017 Page 5 12.Cessation of Train Whistles That Staff report back to the General Government Committee meeting of May 29, 2017, providing cost estimates for the study of level crossings, at Bennett Road and Cobbledick Road, to meet Transport Canada requirements for whistle cessation; That Staff report back on any Federal legislative requirements and/or guidelines since the last staff report about level crossing train whistle cessation; and That Staff report back on any financial assistance provided by upper levels of government towards level crossing upgrades towards train whistle cessation. 13.Emergency Planning - Information Session and Updating of By-law 99-161 That Staff arrange an information session for Councillors regarding emergency planning and emergency management; and That Staff consider updates to By-law 99-161, including clear direction on the roles and responsibilities of members of Council. 14.Comprehensive Waterfront Emergency Plans That Staff report back on the creation of a comprehensive waterfront emergency plan for each Clarington waterfront area including (but not limited to): property safeguarding procedures and protocols, volunteer coordination, involvement of third party agencies, in-home assessments, evacuation criteria and strategies, and communication strategies for same. 15.Cedar Crest Beach Shoreline Protection – Water and Septic Conditions That potable water and washrooms be provided until the water and septic conditions improve at Cedar Crest Beach; and That, unless one has already been held to comment on this specific issue, a meeting with the Durham Region, Clarington Emergency Services, Clarington Operations and Durham Region Health Department be held to comment on the issue of clean water, well and septic remediation for residents in the Cedar Crest Beach Area. 34 Planning & Development Committee Report to Council Page 1 Report to Council Meeting of May 23 , 2017 Subject: Planning & Development Committee Meeting of Monday, May 15, 2017 Recommendations: 1.Receive for Information (a) PSD-036-17 Region of Durham Post Circulation Comments on Amendment No. 107 to the Clarington Plan 2.An Application by George Lysyk and Salvator Risorto to Permit the Creation of Three Building Lots for Single Detached Dwellings at 849 Townline Road North, Township of Darlington That Report PSD-029-17 be received; That the proposed application for Rezoning ZBA 2017-0010 continue to be processed including the preparation of a subsequent report; That staff consider the public comments received in the further processing of the Zoning By-law Amendment; and That all interested parties listed in Report PSD-029-17 and any delegations be advised of Council’s decision. 3.An Application by Brookfield Residential to Amend the Zoning By-law to Facilitate a Temporary Homes Sales Pavilion, 995 Regional Road 17, Newcastle That Report PSD-030-17 be received; That the proposed application for Rezoning ZBA2017-0004 by Brookfield Residential be approved and the By-law contained in Attachment 1 to Report PSD-030-17 be adopted; That a by-law to remove the (H) Holding Symbol be forwarded to Council once the Minimum Distance Separation has been confirmed to comply and all the requirements of the Clarington Official Plan are satisfied; 35 Planning & Development Committee Report to Council For Council Meeting of May 23, 2017 Page 2 That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-030-17 and Council’s decision; and That all interested parties listed in Report PSD-030-17 and any delegations be advised of Council’s decision. 4.An Application by Gyaltsan Property Management Inc. to Relocate a Previously Approved, Mixed-use Building and Increase the Height from Five Storeys to Six Storeys, 109 King Avenue East, Newcastle That Report PSD-031-17 be received; That Amendment 111 to the Clarington Official Plan, including amendments to the Newcastle Village Centre Secondary Plan, be approved to permit the development of a six storey, mixed-use building, as contained in Attachment 1 to Report PSD-031-17; That the Zoning By-law Amendment application to permit the development of a six storey, mixed-use building, be approved and the By-Law as contained in Attachment 2 to Report PSD-031-17 be passed; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-031-17 and Council’s decision; and That all interested parties listed in Report PSD-031-17 and any delegations be advised of Council’s decision. 5.An Application by Fifty Five Clarington Ltd. & Modo Bowmanville Towns Ltd. (Kaitlin) to Rezone Lands to Permit Two 6-Storey Apartment Buildings Containing 201 Dwelling Units at 51 & 55 Clarington Blvd. Bowmanville That Report PSD-032-17 be received; That the proposed application for Rezoning ZBA 2017-0003 continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD-032-17 and any delegations be advised of Council’s decision. 36 Planning & Development Committee Report to Council For Council Meeting of May 23, 2017 Page 3 6. Recommendation to Add Three Properties to the Municipal Register That Report PSD-034-17 be received; That 282 Liberty Street North be added to the Municipal Register; That 1598 Baseline Road be added to the Municipal Register; That 1738 Bloor Street be added to the Municipal Register; and That all interested parties listed in Report PSD-034-17 and any delegations be advised of Council’s decision. 7. An Application by Lanarose Homes Ltd. Removal of the Holding (H) Symbol for Two Medium Density Buildings Each Containing 61 Residential Units in the Port of Newcastle That Report PSD-035-17 be received; That the application submitted by Lanarose Homes Ltd. to remove the Holding (H) symbol be approved and that the attached By-law (Attachment 1 to Report PSD-035-17) to remove the Holding (H) symbol be passed; That Council’s decision and a copy of Report PSD-035-17 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD-035-17 and any delegations be advised of Council's decision. 8. Clarington Official Plan and Orono Whereas the proposed modifications to the adopted Clarington Official Plan include policy 7.3.12 and 7.3.13 to support the economic development in Orono including the preparation of an economic development strategy; Whereas the Clarington Board of Trade has undertaken a Main Street Business Retention and Expansion (BR&E) and Planning Services is in the process of refreshing the Community Improvement Program (CIP) for downtowns in Clarington; Whereas the Orono Industrial lands will offer new opportunities for economic development in the community; 37 Planning & Development Committee Report to Council For Council Meeting of May 23, 2017 Page 4 Now therefore be it resolved that the Clarington Board of Trade, together with Municipality of Clarington Planning Department, the Region of Durham Planning and Economic Development Department, and the Orono BIA be requested to implement the Official Plan policies for Orono by undertaking an Economic Development Strategy and action plan for Orono and area subject to receiving 2017-2018 Provincial funding; and That the Clarington Board of Trade and/or the Municipal staff be authorized to apply for a grant under the July to September intake of the provincial Rural Economic Development (RED) program and/or any other government program to fund the Economic Development Strategy. 38 Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 15, 2017 Report Number: PSD-033-17 Resolution: File Number: PLN 37.0.1 By-law Number: Report Subject: Sidewalk Patios, Parklets and Streateries Recommendations: 1.Report PSD-033-17 be received; 2.That should a restaurant in the downtown area of Bowmanville or Newcastle wish to implement a parklet or streatery pilot project in 2017, the application process developed by the Town of Newmarket and the Newcastle Village Centre Urban Design Guidelines be used; 3.That Council approve setting aside $15,000 from the 2017 and prior year grants allocation for both Newcastle and Bowmanville to be used as incentive to assist a restaurant with implementing a parklet or streatery in a similar manner to the existing grants; 4.That Planning Services develop Guidelines and Approval Procedures for the approval of privately-initiated sidewalk patios, parklets and streateries on municipal road allowances for the 2018 summer season; 5.That Council provide direction on the use of either the Silver Street sideyard or the King Street bus-stop as a 2017 municipal project for a streetscape enhancement, provided that the Bowmanville BIA agrees to maintain any vegetation; 6.That the funds for the Silver Street or King Street public domain pilot project be drawn from the 2017 Community Improvement Grants for Bowmanville; and 7.Council authorize staff to take all necessary actions to assist with the implementation for the summer 2017 season. 13.1 Unfinished Business 39 Municipality of Clarington Report PSD-033-17 Page 2 Report Overview Council requested a report on the feasibility of a pilot project to permit restaurants in downtown Bowmanville and Newcastle to use on-street parking as a patio for patrons to eat and drink outdoors. The report outlines the actions necessary to provide private and public parklets for the 2017 summer season, and guidelines to be developed for the 2018 season. 1. Background 1.1. On April 10, 2017, Council adopted resolution #C-092-17 as follows: •That Planning Staff report back on the feasibility of implementing a pilot project to permit restaurants in downtown Bowmanville and in the Village of Newcastle business areas to use on-street parking spaces as a patio for patrons to eat and drink outdoors; and •That staff consult with the Bowmanville BIA and Newcastle BIA and restaurant owners in drafting the above report, as well as other interested departments such as By-law Enforcement and Emergency and Fire Services. 1.2. At the time of the passing of the resolution, various members of Council indicated this was a priority of Council to be implemented in the summer of 2017. 1.3. In order to accommodate Council’s timeframe, the Planning Services Department made the following adjustments to our intended work program: •The update of the Community Improvement Plans will be delayed and it will include a new grant program and guidelines for parklets. •The Canada 150 public art for painting utility boxes has been cancelled. •The Canada 150 maple grove planting initiative will be delayed. 2. Sidewalk Patios, Parklets and Streateries Sidewalk patios, Parklets and Streateries are various types of uses on the municipal road allowance for pedestrian-oriented amenities that improve liveability, enhance the pedestrian experience, activate the street and support local business. 2.1 Sidewalk Patios A Sidewalk Patio uses the public sidewalk or areas outside of the traveled portion of the road. (see Figure 1) This can be further subdivided to address various conditions such as whether it is on the frontage or the flankage (in the case of a corner lot), on a larger (busier) street or a smaller street with less pedestrian activity. The City of Toronto has identified 6 types of patios for licencing purposes. 40 Municipality of Clarington Report PSD-033-17 Page 3 Figure 1 - A typical sidewalk patio with both a frontage and flankage. 2.2 Parklet A parklet is a small open space constructed in a parking spot, usually on a seasonal and temporary basis. It is intended for communities with limited public space in surrounding areas that can attract people. It is multi-functional and includes sitting and eating areas with potential shade structures and play areas for children. (Figure 3 – 5) In some cases, such as the Newmarket example (Figure 2), the parklet was constructed to divert pedestrian traffic around a sidewalk patio that expanded to take over the entire sidewalk. 2.3 Streateries Streateries is a term some cities use to identify a combination of a sidewalk patio and a parklet. It distinguishes a situation where a restaurant has an exclusive use of a parking space for a patio during certain hours while it is public space at other times. 41 Municipality of Clarington Report PSD-033-17 Page 4 Figure 2 - The restaurant patio has been extended and the sidewalk routed through the parking space. Figure 3 - A parklet that serves as a patio or rest area open to the public 42 Municipality of Clarington Report PSD-033-17 Page 5 Figure 4 - A parklet built on the parking space adjacent to a sidewalk patio, sidewalk is continuous Figure 5 - A portable parklet in a roll-off container that includes seating and vegetation. 43 Municipality of Clarington Report PSD-033-17 Page 6 2.4 The programs for parklets and streateries have common elements, outlined below: • Pre-existing community support • Identified community or business steward • Unimpeded pedestrian throughway • Not immediately adjacent to a corner (e.g. sight lines) • Not blocking a fire hydrant or bus stop As a community led initiative, a number of cities have produced manuals to outline requirements for applicants. While sidewalk patios have long been part of the urban scene, the concept of Parklets and Streateries originated on the west coast and have gradually spread across North America. The process used in Seattle for the development of Parklets and Streateries is shown below in Figure 6 and 7. Figure 6 – Parklet Process, Preliminary Phase 44 Municipality of Clarington Report PSD-033-17 Page 7 Figure 7 – Parklet Process – Implementation Phase 2.5 Cost of designing and constructing a Parklet The costs involved are variable depending on the range of donated design work, donated materials, municipal fees and site conditions such as grade. Things for restaurant owners that wish to expand and create outdoor patio areas to consider include: • Design • Fees for Municipal review, traffic control, inspection, etc. • Liquor Licencing Control Board application • Construction • Seasonal Maintenance • Off-site storage for winter 45 Municipality of Clarington Report PSD-033-17 Page 8 Based on a literature review, it would appear that $15,000 would be the minimum cost. Other municipalities control the number of parking spaces that can be converted, hours of operation and maintenance through the business licence. As Clarington does not have business licences these items will have to be addressed through the guidelines and application. 3. Issues 3.1 Road Occupancy Currently, the Traffic and Parking By-law 2014-059 regulates retail sales on the street. It says “No person shall sell or offer for sale by retail any goods, wares, merchandise, produce, food or other edible substance or beverage within the limits of any highway.” Highway is defined as the road allowance, which includes both the sidewalk and parking spaces. The Food Trucks and other vendors that attend festivals are allowed under the special event permit. An amendment or another means of meeting the intent of the by- law will have to be addressed in the guidelines. 3.2 Insurance Private proponent parklets are intrusions into the public domain. As part of the guidelines and application process proponents will have to provide general liability insurance for $2 million per occurrence with an aggregate limit of no less than $5 million. In addition, the Municipality will be required to be added as an “Additional Insured” within the policy with a certificate of insurance provided satisfactory to the Director of Finance/Treasurer. 3.3 Parking The approval of parklets or rerouting of the sidewalk through parking spaces will reduce the available parking in the downtown core. Dependant each individual restaurant needs this could mean up to two parking spots may be required. Council may wish to specify how many parking spaces can be removed from the downtown core to accommodate this initiative. There is a minimal loss of revenue of $45 a week per parking spot. 3.4 Safe, Quality Design Guidelines and standards will have to be developed for the design of safe parklets using appropriate materials. It is recommended that until Clarington staff have time to research and develop our own guidelines, that a process similar to our site plan review and requirements be followed. There are already design requirements for Building Code and façade grants that maintain the heritage theme and materials for Bowmanville and Newcastle downtown cores. We are recommending that the Village of Newcastle Urban Design Guidelines be used on an interim basis. 46 Municipality of Clarington Report PSD-033-17 Page 9 3.5 Accessibility The Municipality has obligations under the Accessibility for Ontarians with Disabilities Act (AODA) to prevent new barriers from being created and to create accessible public spaces. Any new public-use outdoor spaces will need to be designed using the principles of universal design to ensure these spaces meet the needs of people with disabilities. 3.6 Restaurant Operating Hours The Town of Newmarket restricts streateries to restaurants that are open from 11am – 9pm, Monday to Saturday. This would seem to be a reasonable restriction considering that the Municipality would want to ensure the space is well-used in return for the loss of 1 or 2 parking spaces. 3.7 Noise There is potential negative impacts to nearby residents due to noise generated on sidewalk patios, parklets and streateries. This issue is generally handled by a requirements for the operator to meet the Municipal Noise By-Law and closing the sidewalk patio or streatery by 10pm. 3.8 Fees Municipalities who have implemented sidewalk patios, parklets and streateries charge a fee for the encroachment permit, design review, loss of parking revenue, construction inspection and annual renewal. These fees can reach up to $1,200. A CIP grant could be used to offset these fees. 4. Opportunities in Bowmanville and Newcastle At the present time, there are a number of restaurants that have historically placed informal seating and tables within the sidewalk area adjacent to their storefronts. These include, the Birch Bistro & Lounge and Coffee and Cakes. The use of the sidewalk should be formalized and is something that can be addressed when Clarington’s guidelines are being drafted. In the meantime a clear pedestrian throughway must be maintained at 1.8 metres at these sites for accessibility. Some restaurants have private outdoor patio areas such as the Village Inn, Wild Wing and Copperworks in Bowmanville. They are located on private property outside of the municipal road allowance. In Newcastle the Newcastle House has a private outdoor patio and the Snug has considered converting the alley between their building and the convenience store to the east into an outdoor patio. 47 Municipality of Clarington Report PSD-033-17 Page 10 5. Community Support The Bowmanville and Newcastle BIA executives were notified of the Council Resolution, the concept and the possible issues and opportunities. At the time of this report the Bowmanville BIA is scheduled to meet on May 9th and the Newcastle BIA on May 11th. Their response will be provided to Council as part of the update memo. The Clarington Board of Trade undertook a Business Retention and Expansion study of the retail sector in 2016. The study did not have any questions specific to outdoor patios and no comments were received. The study did include questions on parking adequacy. Expansion of parking opportunities was a recurring response in Bowmanville, less so in Newcastle where it was considered to be adequate. There are 14 restaurants in Bowmanville’s downtown core and 5 restaurants in Newcastle’s downtown core that were approached with respect to their potential interest in developing a parklet/streatery. At least two restaurants are interested in pursuing such a development in Bowmanville. In Newcastle there is general support from the restauranteurs, with one restaurant interested. Staff will meet with these potential proponents to outline the pilot project and engage in further discussion. 6. Public Domain Project for 2017 Staff from affected departments met and reviewed the potential of the under-utilized public spaces to determine if opportunities exist to better utilize these spaces. The review included potential safety concerns such as sight lines, mountable curbs, catch basin locations, fire hydrant and building connections and location of accessible parking stalls. A public streetscape enhancement area is already covered under our insurance as it is part of the public domain. To be clear, this is not a parklet pilot project but this type of project could be implemented in 2017. It would achieve many of the same objectives as a parklet without using a parking space. 6.1 Potential public space enhancement along King Street in Bowmanville As part of the streetscape development in Bowmanville in 2004, bump-outs or pedestrian refuges were installed at Silver Street. In addition to these large pedestrian refuge areas there is under-utilized public space next to 44 King Street East. 48 Municipality of Clarington Report PSD-033-17 Page 11 Figure 7A - Overview of the Silver and King Streets Intersection In Figure 7B below, the bulb-out to the west could have vegetation and seating added to enhance the area. Figure 7B - Detail of the East Bulb-out, where seating could be added adjacent to 44 King Street East 49 Municipality of Clarington Report PSD-033-17 Page 12 The King East Parking Lot has been the topic of previous proposals from the BIA and Municipality. The concept has been that this area could play a more vital role as an outdoor gathering spot adjacent to the bus stop. The existing woodchip beds could be hard surfaced to provide seating areas, with planters enclosing the space. More elaborate concepts similarly could be considered to provide tables or shade structures. This area would benefit a number of take-out restaurants in the area including Norm’s, Pita Pit and Bowmanville Thai. It would also make better use of the area by providing a hard surface area with features that screen off the parking lot. Figure 8 - King East Bus Stop 6.2 Newcastle Streetscape Enhancement The Newcastle streetscape project was first identified in the Community Improvement Plan and has been a desire of the Newcastle BIA. The award of the tender for the streetscape enhancements for Newcastle was recommended at the General Government meeting on May 8th and will be on the same Council agenda as this report. The works to be carried out include the additional of street furniture on the bump outs. It is to be completed by July of 2017. This would make it unrealistic to have a parklet pilot project in 2017, given the limited season but Newcastle have an enhanced public domain. 7. Concurrence This report has been prepared in consultation with the Director of Engineering Services, the Director of Operations, Fire Chief, Director of Finance and the Clerk, whom all concur. 50 Municipality of Clarington Report PSD-033-17 Page 13 8. Strategic Plan Not applicable 9. Conclusions The Community Improvement Plan review and renewal has been delayed to free up time for staff to work on the guidelines and approval process for sidewalk patios, parklets and streateries on municipal road allowances for any potential 2017 pilot project and full implementation for the 2018 summer season. Staff will meet with interested restauranteurs to determine whether any are interested in pursuing development in 2017. Applications will be reviewed in keeping with the site plan review process, the Town of Newmarket application process, the Village of Newcastle Urban Design Guidelines and other risk management concerns. Should a private proponent come forward matching grants of up to $15,000 will be allocated in a similar manner to other Community Improvement Plan grants. It is unlikely that a parklet or streatery would be advanced for Summer 2017. Staff have provided for an alternative public domain project in Bowmanville. Staff request that Council provide direction on which public domain project they wish to see proceed. The public domain project will be funded from the Bowmanville Community Improvement Plan grants account. Submitted by: Reviewed by: David Crome, MCIP, RPP, Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x2407 or flangmaid@clarington.net FL/tg/df I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 37 Community Improvement Plan\PLN 37.0 CIP General\PLN 37.0.1 Cafe's Parklet & Streateries\Staff Report\PSD-033-17_Sidewalk Patios Parklets & Streateries.docx 51 9.1