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HomeMy WebLinkAbout07/03/2017Final Council Agenda Date: Monday, July 3, 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: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@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: July 3, 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 June 12, 2017 Page 7 5.2 Council Minutes Minutes of a special meeting of Council June 27, 2017 Page 23 6 Presentations 6.1 Anne McIlroy, Principal Planner, Brook McIlroy Consultants, Regarding Clarington Transportation Hubs Study 7 Delegations 7.1 Jim Mackenzie and Wayne Fernandes Regarding Cedar Crest Beach Erosion Control Engineering Solution (Item 8 of the June 19, 2017 General Government Committee Report) 7.2 Martin Field and Allison Hansen Regarding Support for Ban on Sale of Animals in Pet Shops (Unfinished Business 13.1) 7.3 Sabrina Harlos and Tom Harlos Regarding Report PSD-045-17, An Application by a Group of Land Owners to Amend the Worden East Neighbourhood Design Plan and Three Applications to Subdivide a Portion of Those Lands in Courtice (Item 2 of the June 20, 2017 Special Planning and Development Committee Report) 7.4 Bill Peeters Regarding Report PSD-045-17, An Application by a Group of Land Owners to Amend the Worden East Neighbourhood Design Plan and Three Applications to Subdivide a Portion of Those Lands in Courtice (Item 2 of the June 20, 2017 Special Planning and Development Committee Report) Council Agenda Date: July 3, 2017 Time: 7:00 PM Place: Council Chambers Page 3 7.5 Nancy Hamer-Strahl Regarding Report PSD-045-17, An Application by a Group of Land Owners to Amend the Worden East Neighbourhood Design Plan and Three Applications to Subdivide a Portion of Those Lands in Courtice (Item 2 of the June 20, 2017 Special Planning and Development Committee Report) 8 Communications – Receive for Information There are no Communications to be received for information as of the time of publication. 9 Communications – Direction There are no Communications to be received for information as of the time of publication. 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Agricultural Advisory Minutes Minutes of the Agricultural Advisory Committee of Clarington dated June 8, 2017 Page 25 10.1.2 Heritage Committee Minutes Minutes of the Heritage Committee of Clarington dated June 20, 2017 Page 28 10.2 General Government Committee General Government Committee Report of June 19, 2017 Page 33 10.3 Special Planning & Development Committee Special Planning and Development Committee Report of June 20, 2017 Page 40 10.4 Planning & Development Committee Planning and Development Committee Report of June 26, 2017 Page 42 Council Agenda Date: July 3, 2017 Time: 7:00 PM Place: Council Chambers Page 4 11 Staff Reports 11.1 ESD-004-17 Cedar Crest Beach Flooding – Key Actions Taken April 26, 2017 – June 26, 2017 Page 46 11.2 CLD-013-17 Zoo to You Request for Exemption to the Exotic Animal By-law 2012-045 Page 59 11.3 LGL-009-17 Confidential Report A Confidential Legal Matter (Litigation) 11.4 CLD-015-17 Appointment of Chief Administrative Officer 11.5 EGD-016-17 Rail Safety Improvement Program Agreement 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 Support for Ban on Sale of Animals in Pet Shops (Referred to the July 3, 2017 Council Meeting on June 12, 2017) Page 65 14 By-laws 14.1 2017-054 Being a by-law to designate the Orono Arena and Community Centre as a municipal capital facility and exempt it from all taxes levied for municipal and school purposes (Item 15 of the General Government Committee Report) 14.2 2017-056 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Kaitlin Homes Limited) (Item 3 of the Special Planning & Development Committee Report Council Agenda Date: July 3, 2017 Time: 7:00 PM Place: Council Chambers Page 5 14.3 2017-057 Being a By-law to exempt a certain portion of Registered Plan 40M-2580 from Part Lot Control 14.4 2017-058 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Newcastle Lodge for Senior & Family Dwellings) (Item 7 of the Planning and Development Committee Report) 14.5 2017-059 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) (Approved by Council on June 13, 2016) 14.6 2017-060 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (2399263 Ontario Limited) (Approved by Council on February 27, 2017) 14.7 2017-061 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington [Tatra Valley Homes (Zemer Holdings)] (Approved by Council on September 15, 2014) 14.8 2017-062 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Zemer Holdings Ltd.) (Approved by Council on December 14, 2015) 14.9 2017-063 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Soroya and Spencer Yule) (Item 4 of the Planning and Development Committee Report) 14.10 2017-064 Being a by-law to appoint Mr. Andrew Allison as the Chief Administrative Officer Council Agenda Date: July 3, 2017 Time: 7:00 PM Place: Council Chambers Page 6 14.11 2017-065 Being a By-law to authorize the Corporation of the Municipality of Clarington to enter into the Rail Safety Improvement Program Agreement with the Government of Canada 15 Procedural Notices of Motion 16 Other Business 17 Confirming By-Law 18 Adjournment Council Minutes June 12, 2017 - 1 - Minutes of a regular meeting of Council held on June 12, 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 C. Traill, Councillor W. Woo Staff Present: C. Clifford, A. Allison, T. Cannella, J. Caruana, L. Gordon, F. Horvath, F. Langmaid, M. Marano, 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 Hooper led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Hooper indicated that he would be declaring an interest with respect to Item 27 of the General Government Committee Report. Later in the meeting Councillor Traill declared an interest with respect to Item 12 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. Members of Council congratulated Cindy Fleming on her retirement from the Municipality of Clarington. 5 Adoption of Minutes of Previous Meeting Resolution #C-153-17 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of a regular meeting of May 23, 2017, be approved. Carried 7 Council Minutes June 12, 2017 - 2 - 6 Presentations Mayor Foster welcomed students, parents and the public to the presentation of the Sixteenth Annual “Awards for Academic Excellence”. He advised the program was developed in 2001 to recognize students from Clarington’s local elementary and secondary schools. Mayor Foster indicated that local elementary and secondary schools were asked to submit the name of a graduating student who, in their opinion, has demonstrated academic excellence combined with a commitment to leadership and community service. Each student was presented with a personal framed certificate and as a further commitment to Council’s recognition of local students, secondary students who were being recognized received a cheque for $100.00 as a bursary to further their educational pursuits. Mayor Foster recognized Nelisha Sunderji, from Bowmanville High School, who could not be present due to conflicting schedules and who will receive her award during her graduation ceremony. Mayor Foster recognized the following elementary students and presented them with a personal framed certificate: Owen Mottershead, Courtice Intermediate School Ethan Barr, Courtice North Public School Kayla Carmichael, Dr. Emily Stowe Public School Anjali Rampersad, Dr. G.J. MacGillivray Public School Ben Keene, Dr. Ross Tilley Public School Catharine Whitman, Duke of Cambridge Public School Emily Shmyr, Good Shepherd Elementary School Emily Rae, Harold Longworth Public School Joshua Libunao, Holy Family Elementary School Natalie Verwoert, John M. James Public School Janae Broersma, Knox Christian School Sean Hambly, M.J. Hobbs Senior Public School Bella Synard, Monsignor Leo Cleary Elementary School Olivia Aitchison, Mother Teresa Elementary School Brittany Lansang, St. Elizabeth Elementary School David Suthers, St. Francis of Assisi Elementary School Grace Csizmadia, St. Joseph’s Elementary School Glara Hussein, S.T. Worden Public School Delaney Piney-Titshall, The Pines Senior Public School Olivia McClelland, Vincent Massey School Kaleigh Duff, Waverley Public School Mayor Foster also recognized Arigsa Manoharan from Charles Bowman Public School, who was not in attendance this evening. 8 Council Minutes June 12, 2017 - 3 - Mayor Foster recognized the following secondary students and presented them with a personal framed certificate and bursary: Teagan Biersteker, Clarington Central Secondary School Emily James, Clarke High School Emily Jones, Courtice Secondary School John Loudfoot, Durham Christian High School Stefani Aleksanderek, Holy Trinity Secondary School Victoria Arbour, St. Stephens Secondary School Mayor Foster presented the 2017 Senior of the Year Award to Jeany Barrett. Mayor Foster recognized the accomplishments of Ms. Barrett and thanked her for her service to the Community. Resolution #C-154-17 Moved by Councillor Traill, seconded by Councillor Woo That Council recess for five minutes. Carried The meeting reconvened at 7:44 PM. Resolution #C-155-17 Moved by Councillor Cooke, seconded by Councillor Neal That the Rules of Procedure be suspended to allow for the addition of a delegation. Carried Resolution #C-156-17 Moved by Councillor Neal, seconded by Councillor Cooke That Peter Zakarow be added to the list of delegations to address Council regarding Unfinished Business Item 13.1. – Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register. Carried David Veenstra, Co-Chair, St. Marys Cement Community Relations Committee (CRC) addressed Council to provide the Community Relations Committee’s Annual Report 2016. Mr. Veenstra noted that Tanya Pardy, Human Resources Manager, was unable to attend tonight’s meeting and that Chris Richards, Environmental Manager for the Bowmanville Plant would be speaking on her behalf. Mr. Veenstra recognized the efforts and years of service of Glenda Gies to the St. Marys Cement Community Relations Committee. 9 Council Minutes June 12, 2017 - 4 - Mr. Veenstra stated the CRC meets on a quarterly basis to identify and give a voice to community concerns, to provide advice to operations staff, and to review and provide feedback and insight as to how the plant affects and impacts the community. Through use of a PowerPoint presentation, Chris Richards compared SO2 and NOX emissions from 2015 to 2016, noting St. Marys will transfer allowances from the plant in St Marys to cover the SO2 exceedances for 2016 and will transfer the remaining allowance of NOX emissions to the allowance balance for future use. Mr. Richards indicated that there were four exceedances of PM 10 BAM over the 50mg/m3 limit, which in three cases were caused by agricultural activities, and in the fourth instance caused by elevated particulate values occurring outside St. Marys property. Mr. Richards reviewed the 2016 air and ground vibration readings advising there were no exceedances to the Provincial guidelines in 2016. He advised of 26 complaints received from the community, noting that in all cases, all complainants were contacted personally by staff. Mr. Richards provided a snapshot St. Marys Cement initiatives and of the Community organizations St. Marys supports. Chris Richards responded to questions from Members of Council. Resolution #C-157-17 Moved by Councillor Neal, seconded by Councillor Woo That the Rules of Procedure be suspended to allow members of Council to pose questions to Chris Richards for a second time. Carried Chris Richards continued to respond to questions from Members of Council. Resolution #C-158-17 Moved by Councillor Woo, seconded by Councillor Hooper That the St. Marys Cement Community Relations Committee (CRC) Annual Report 2016 be received; That the delegation of St. Marys Cement Community Relations Committee and St. Marys Cement be received with thanks; and That staff, the St. Marys Cement Community Relations Committee and St. Marys be requested to review and modernize the Terms of Reference for the CRC. Carried 10 Council Minutes June 12, 2017 - 5 - 7 Delegations Prior to the start of the meeting, Martin Field and Allison Hansen advised they would be unable to attend tonight’s meeting and would re-schedule their delegation regarding Unfinished Business Item 13.2 - Support for Ban on Sale of Animals in Pet Shops to a subsequent meeting. Howard Smith, 1st Vice-President, Wilmot Creek Homeowners Association (WCHA), addressed Council concerning Item 7 of the General Government Committee Report – Report EGD-014-17 Train Whistling at Bennet Road and Cobbledick Road. Mr. Smith advised that residents of Wilmot Creek are disappointed with the May 29, 2017, General Government Committee decision to not support conducting a safety study as there would be no financial impact to the Municipality in supporting the study. Mr. Smith provided the most recent data on fatalities after whistle bans noting the numbers continue to fall. He expressed concern that the staff report did not explore other options including an automated wayside horn which is installed at the crossing itself or banning whistling from 11:00 PM to 6:00 AM. Mr. Smith stated over 900 homeowners (of a total of approximately 1600 residents) who endure noise pollution on a daily basis have signed a petition requesting the Municipality to undertake a safety study on the implementation of train whistle cessation at Bennet Road and Cobbledick Road level crossings and noted many residents of Wilmot Creek have health issues which are aggravated by lack of sleep. He indicated that CN Rail will be increasing the number of trains per day next year. Mr. Smith stated 2/3 of Ontario’s residents live in areas where routine train whistles are banned and requested Council to take a responsible and objective look at how to find a solution. Howard Smith responded to questions from Members of Council. Georges Bouchard, Treasurer, Wilmot Creek Homeowners Association (WCHA), addressed Council concerning Item 7 of the General Government Committee Report - Report EGD-014-17 Train Whistling at Bennet Road and Cobbledick Road. Mr. Bouchard stated train whistling fits within the definition of “noise pollution” which is the disturbing or excessive noise that may harm the activity or balance of human or animal life. Mr. Bouchard stated blaring train horns interrupt sleep which can lead to serious health and mental issues. He noted the effects of sleep deprivation are recognized world-wide, and provided real-life examples of the effect of sleep deprivation on individual residents of Wilmot Creek. Mr. Bouchard expressed disappointment that Council made no effort to work with the Wilmot Creek community to find a solution or to acknowledge the impact of noise pollution as a problem to residents. He stated that only a safety expert can determine what’s safe, and challenged Members of Council to seek the appropriate balance between safety and noise pollution. 11 Council Minutes June 12, 2017 - 6 - Georges Bouchard responded to questions from Members of Council. Jim Gibner, Member, Orono Fish and Hunt Club Communications Committee, addressed Council concerning Item 6 of the General Government Committee Report – Report CLD-014-17 - Noise By-law Limits Pertaining to Gun Clubs. Through use of a PowerPoint presentation, Mr. Gibner provided an update on communication efforts with all stakeholders and actions taken since May 29, 2017, including the establishment of a Communications Committee and a Noise Committee. Mr. Gibner summarized his delegation by stating the Orono Fish and Hunt Club is taking the issue very seriously, they have commitment from the OFHC Board and membership to work with all stakeholders, action plans and budgets have been established for reductions in sound for 2017, and communications plans have commenced and will continue to advance. Jim Gibner responded to questions from Members of Council. Peter Zakarow addressed Council concerning Unfinished Business 13.1 - Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register. Mr. Zakarow advised that he purchased his home 52 years ago and was just recently advised that his home was going to be added to the heritage register. Mr. Zakarow stated he was willing to work with the Heritage Committee at a future date but at the present time was requesting a deferral of adding his property to the heritage register at this time. Peter Zakarow responded to questions from Members of Council. 13 Unfinished Business 13.1 Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register Resolution #C-159-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-034-17 be lifted from the table. Carried Resolution #C-160-17 Moved by Councillor Cooke, seconded by Councillor Neal That the recommendation to add three properties to the Municipal Register be divided to vote on the addition of each property to the Municipal Register separately. Carried 12 Council Minutes June 12, 2017 - 7 - Resolution #C-161-17 Moved by Councillor Neal, seconded by Councillor Hooper That the addition of 282 Liberty Street North to the Municipal Register be referred back to the Heritage Committee. Carried Resolution #C-162-17 Moved by Councillor Cooke, seconded by Councillor Neal That Report PSD-034-17 and Addendum to Report PSD-034-17 be received; 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. Carried Resolution #C-163-17 Moved by Councillor Cooke, seconded by Councillor Neal That 1598 Baseline Road be added to the Municipal Register. Carried Resolution #C-164-17 Moved by Councillor Traill, seconded by Councillor Partner That Council recess for ten minutes. Carried The meeting reconvened at 9:51 PM. Resolution #C-165-17 Moved by Councillor Traill, seconded by Councillor Woo That the Order of the Agenda be altered to consider Item 7 of the General Government Committee Report at this time. Carried 13 Council Minutes June 12, 2017 - 8 - 10. Committee Reports 10.2 General Government Committee Report of May 29, 2017 Item 7 - Train Whistling at Bennett Road and Cobbledick Road Resolution #C-166-17 Moved by Councillor Traill, seconded by Councillor Woo That a consultant, acceptable to the Municipality, be retained to work along with the railway company, in this case CN Rail, to jointly conduct a detailed safety assessment of the grade crossing at the Bennet Road and Cobbledick Road level crossings and to confirm the necessary safety measure requirements for possible implementation of partial or full sound mitigation strategies at the Bennet Road and Cobbledick Road public level crossings; That costs of the detailed safety assessment are to be apportioned equally amongst WCHA, CAPREIT, Rice Development and the Kaitlin Group, with no cost to the Municipality of Clarington; That the results of the detailed safety assessment of the grade crossings shall be presented to Committee on or before January, 2018. The responsible authority, being the consultant acceptable to the Municipality, and the railway company, shall request Transport Canada to confirm the assessment that the crossings, Bennett Road and Cobbledick Road, meet the applicable guidelines and/or requirements; and That results found in Grade Crossing Regulations and Standards and any other applicable guidelines or requirements are to be presented to Committee for deliberation of implementation of possible sound mitigation strategies at the Bennett Road and Cobbledick Road public level crossings. Withdrawn later in the meeting Resolution #C-167-17 Moved by Councillor Cooke, seconded by Councillor Partner That Council recess for five minutes. Carried The meeting reconvened at 10:17 PM. The foregoing Resolution #C-166-17 was subsequently withdrawn. 14 Council Minutes June 12, 2017 - 9 - Resolution #C-168-17 Moved by Councillor Traill, seconded by Councillor Woo That a consultant, acceptable to the Municipality, be retained to work along with the railway company, in this case CN Rail, to jointly conduct two detailed safety assessments of the grade crossing at the Bennet Road and Cobbledick Road level crossings and to confirm the necessary safety measure requirements for: a) possible implementation of partial or full whistle cessation b) sound mitigation strategies at the Bennett Road and Cobbledick Road public level crossings; That costs of the two detailed safety assessments are to be apportioned equally amongst WCHA, CAPREIT, Rice Development and the Kaitlin Group, with no cost to the Municipality of Clarington; That the results of the detailed safety assessments of the grade crossings shall be presented to Committee on or before January, 2018. The responsible authority, being the consultant acceptable to the Municipality, and the railway company, shall request Transport Canada to confirm the assessment that the crossings, Bennett Road and Cobbledick Road, meet the applicable guidelines and/or requirements; and That results found in Grade Crossing Regulations and Standards and any other applicable guidelines or requirements are to be presented to Committee for deliberation of implementation of possible sound mitigation strategies at the Bennett Road and Cobbledick Road public level crossings. Carried as amended later in the meeting (See following motions) Resolution #C-169-17 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #C-168-17 be amended to add the following: That should the second study, being the sound mitigation strategy study, cause the overall costs to increase beyond $15,000, that the whistle cessation study would proceed, and the sound mitigation strategy study would not proceed. Lost on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Neal √ Councillor Partner √ Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Mayor Foster √ 15 Council Minutes June 12, 2017 - 10 - Resolution #C-170-17 Moved by Councillor Traill, seconded by Councillor Woo That the foregoing Resolution #C-168-17 be amended to add “that prior to proceeding, staff report back on the cost.” Carried The foregoing Resolution #C-168-17 was then put to a vote and carried as amended on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Mayor Foster √ 8 Communications – Receive for information St. Marys Cement Community Relations Committee – Annual Report – 2016 This matter was considered earlier in the meeting under the Presentations Section of the Agenda. 9 Communications – Direction Dale Gibbons, Chair, Courtice Family Concerts in the Park – Request for Exemption to Sign By-law Resolution #C-171-17 Moved by Councillor Neal, seconded by Councillor Cooke That subject to Courtice Family Concerts in the Park obtaining the owner’s consent, staff be directed to issue a sign permit to Courtice Family Concerts in the Park for a two month period commencing June 13, 2017 for the property at 1463 Regional Highway No. 2. Carried 16 Council Minutes June 12, 2017 - 11 - 10 Committee Reports (cont’d) Advisory Committee Reports 10.1.1 Minutes of the Clarington Heritage Committee dated May 16, 2017 10.1.2 Minutes of the Orono Arena Community Centre Board dated May 30, 2017 Resolution #C-172-17 Moved by Councillor Partner, seconded by Councillor Traill That Advisory Committee Report Items 10.1.1 and 10.1.2, be received for information. Carried General Government Committee Report of May 29, 2017 (Cont’d) Resolution #C-173-17 Moved by Councillor Cooke, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of May 29, 2017, be approved, on consent, with the exception of items #6, #7 (which was considered earlier in the meeting) #12, #16 and #27. Carried Item 16 – Tyrone Community Centre Resolution #C-174-17 Moved by Councillor Cooke, seconded by Councillor Traill That Sponsorship Application #17-S12 from the Tyrone Community Centre, be approved in the amount of $450. Carried Councillor Hooper 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 Board, and he left the Council Chambers during discussion and voting on this matter. 17 Council Minutes June 12, 2017 - 12 - Item 27 – Concerts in the Park Bowmanville Resolution #C-175-17 Moved by Councillor Cooke, seconded by Councillor Neal That Sponsorship Application #17-S23 from the Concerts in the Park Bowmanville, be approved in the amount of $2000.00. Carried Councillor Hooper returned to the meeting. Councillor Traill declared an interest in accordance with the Municipal Conflict of Interest Act, with respect to Item 12 of the General Government Committee Report, as it affects her law practice, and she left the Council Chambers during discussion and voting on this matter. Item 12 – Grandview Children’s Foundation Resolution #C-176-17 Moved by Councillor Woo, seconded by Councillor Cooke That Sponsorship Application #17-S8 from the Grandview Children’s Foundation, be approved in the amount of $2000.00. Carried Councillor Traill returned to the meeting. Item 6 – Noise By-law Limits Pertaining to Gun Clubs Resolution #C-177-17 Moved by Councillor Partner, seconded by Councillor Woo That Report CLD-014-17 be received for information; That the noise issue be reviewed quarterly by the Committee to monitor whether or not all maintenance is working to reduce the noise levels; and That all interested parties listed in Report CLD-014-17 and any delegations be advised of Council's decision. Withdrawn 18 Council Minutes June 12, 2017 - 13 - Resolution #C-178-17 Moved by Councillor Neal, seconded by Councillor Cooke That Report CLD-014-17 be received for information; and That all interested parties listed in Report CLD-014-17 and any delegations be advised of Council's decision. Carried Resolution #C-179-17 Moved by Councillor Hooper, seconded by Councillor Neal That the Rules of Procedure be suspended to extend the meeting beyond 11:00 PM. Carried Resolution #C-180-17 Moved by Councillor Neal, seconded by Councillor Hooper That the meeting be extended for 15 minutes. Carried Planning & Development Committee Report of June 5, 2017 Resolution #C-181-17 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of June 5, 2017 be approved, on consent, with the exception of items #1 and #4. Carried Item 4 – Applications by 1816451 Ontario Limited to Permit an Auto Mall with a Minimum of the Three Motor Vehicle Dealerships Including Recreational Vehicles/Trailer Sales Establishments, Rundle Road, Courtice Resolution #C-182-17 Moved by Councillor Neal, seconded by Councillor Hooper That Report PSD-038-17 be received; That the proposed application for Clarington Official Plan Amendment COPA 2017-0006 and Rezoning ZBA 2017-0011 submitted by 1816451 Ontario Limited continue to be processed including the preparation of a subsequent report; and 19 Council Minutes June 12, 2017 - 14 - That all interested parties listed in Report PSD-038-17 and any delegations be advised of Council’s decision. Carried Item 1 – Applications by Tornat Newcastle Limited for a Mixed-Use Development at King Avenue West and Rudell Road, Newcastle Resolution #C-183-17 Moved by Councillor Partner, seconded by Councillor Woo That Report PSD-039-17 be received; That the applications submitted by Tornat Newcastle Limited for a Clarington Official Plan Amendment (COPA 2017-0007), a Draft Plan of Subdivision (S-C-2017-0006), Rezoning (ZBA 2017-0009) and an amendment to the Foster Northeast Neighbourhood Design Plan (PLN 31.5.7) continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD-039-17 and any delegations be advised of Council’s decision. Carried 11 Staff Reports Report COD-004-17 – Depot 42 New Storage Buildings Earlier in the meeting, Mayor Foster advised that Report COD-004-17 had been withdrawn by staff. 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 (Cont’d) Addendum to Report PSD-034-17 – Recommendation to Add Three Properties to the Municipal Register (Tabled at the Council meeting of May 23, 2017) This matter was considered earlier in the meeting. 20 Council Minutes June 12, 2017 - 15 - Support for Ban on Sale of Animals in Pet Shops (Referred to Council by the General Government Committee on May 29, 2017) Resolution #C-184-17 Moved by Councillor Neal, seconded by Councillor Hooper That Correspondence dated May 2, 2017, from Karen L. Ormerod, Executive Director, Humane Society of Durham Region, requesting support for a ban on sale of animals in pet shops be referred to the July 3, 2017, Council meeting. Carried 14 By-laws Resolution #C-185-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2017-051 and 2017-052 14.1 2017-051 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (H & H Properties Inc.) (Approved by Council on February 8, 2016) 14.2 2017-052 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Bowmanville Apartments Inc.) (Item 3 of the Planning and Development Committee Report); and That the said by-laws be approved. Carried 15 Procedural Notices of Motion There were no Procedural Notices of Motion considered under this Section of the Agenda. 21 Council Minutes June 12, 2017 - 16 - Resolution #C-186-17 Moved by Councillor Neal, seconded by Councillor Cooke That the Rules of Procedure be suspended to further extend the meeting. Carried Resolution #C-187-17 Moved by Councillor Neal, seconded by Councillor Cooke That the meeting be extended for five minutes. Carried 16 Other Business Councillor Neal questioned what the next steps are concerning Mitchell’s Corners shoulder widening. The Director of Engineering responded that staff are investigating the development of a case for the Mitchell’s Corners improvement. 17 Confirming By-law Resolution #C-188-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2017-053, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 12th day of June, 2017; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-189-17 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 11:16 PM. Carried _____________________ __________________ Mayor Municipal Clerk 22 Special Council Minutes June 27, 2017 - 1 - Minutes of a special meeting of Council held on June 27, 2017, at 8:30 AM, at the Newcastle & District Recreation Complex 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. Greentree Also present were David Howes, Graham Herbert of Western Management Consultants of Ontario, and Ken Knox, member of the recruitment Selection Committee. 1 Call to Order Mayor Foster called the meeting to order at 8:30 AM. 2 Declaration of Interest There were no declarations of interest stated at this meeting. 3 Confidential Matter Pertaining to Identifiable Individuals Resolution #C-190-17 Moved by Councillor Cooke, seconded by Councillor Hooper THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about identifiable individuals, including municipal or local board employees. Carried The meeting reconvened in open session at 4:36 pm. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001, as amended, and 4 procedural resolutions were passed and 1 resolution was passed to provide direction to an officer of the municipality. 23 Special Council Minutes June 27, 2017 - 2 - 4 Confirming By-law Resolution #C-191-17 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2017-055, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 27th day of June, 2017; and That the said by-law be approved. Carried 5 Adjournment Resolution #C-192-17 Moved by Councillor Partner, seconded by Councillor Hooper That the meeting adjourn at 4:37 PM. Carried _____________________ __________________ Mayor Municipal Clerk 24 Agricultural Advisory Committee of Clarington June 8, 2017 Agricultural Advisory Committee of Clarington Meeting Thursday, June 8th, 2017 Members Present: John Cartwright Brenda Metcalf Jennifer Knox Tom Barrie Henry Zekveld Elgin Greenham Richard Rekker Les Caswell Regrets: Eric Bowman, Ted Watson, Don Rickard, Councillor Wendy Partner Guests: Amy Burke, Tracey Webster, Carlo Pellarin, Emily Schaffer, Planning Services Staff: Faye Langmaid, Planning Services Brenda welcomed all to the meeting, with introductions. Adoption of Agenda 017-13 Moved by Henry Zekveld, seconded by John Cartwright “That the Agenda for June 8, 2017 be adopted” Carried Approval of Minutes 017-14 Moved by Les Caswell, seconded by Richard Rekker “That the minutes of the May 11, 2017 meeting be approved” Carried Update: Rural Zoning By-law Review At the previous meeting a sub-committee of Ted Watson, Eric Bowman, Richard Rekker and Brenda Metcalf was formed to meet with Planning Staff about on-farm diversified uses (home occupations, home industries, agri-tourism, value-added uses and retail/culinary uses) and how they could be addressed in the rural portions of the Municipality’s zoning by-law for Clarington’s rural area. Committee members have been provided with a workbook from staff about the various definitions, what is allowed currently, the Official Plan policies, Provincial Guidelines and issues that staff are reviewing. The Sub-Committee met on May 30th and discussed the issues. The 25 Agricultural Advisory Committee of Clarington June 8, 2017 purpose of for this evening is to confirm the comments provided and have further discussion with all members. There are questions posed in the workbook to the committee: 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? An excerpt from the presentation is attached to the minutes. It outlines the comments that staff received about on-farm diversified uses, home based occupations, home industry uses, value-added, agri-tourism and retail uses. Some suggestions for Planning Staff to understand better certain issue are to convene a meeting with the farm market owners (Clarington members of Durham Farm Fresh), and to convene a meeting with horse and equestrian farmers to understand their operations more fully. Planning Staff thanked the committee for their input, indicating they will be back once they are farther along in the process. Correspondence and Committee Reports There were no Council items or referrals. 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. Durham Region Federation of Agriculture: • Soil Classification Letter is being worked on and will be shared when available. • Meeting coming up in 2 weeks. Clarington Board of Trade: • CBOT and Planning Staff met with representatives of Durham College to discuss research opportunities. There are a number of areas that Durham College has already been working with the agricultural community on, Faye has case study write-ups for all that are interested. • Planning Staff joined the Agriculture Familiarization Tour May 17 at Link Greenhouses • 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. 26 Agricultural Advisory Committee of Clarington June 8, 2017 Farm Connections • Looking for at least 75 farm families that have been in Canada and preferably Durham Region for 150 years continuously farming. Does not have to be on the same property, as long as the lineage can be traced back. • Working with various museums across Durham Region to have displays about local (to each municipality) farm families. If you have information or items to display please let Brenda know. New Business Farmer’s Parade – Permit for 2017 has been submitted. By-law Enforcement – One of the issues with allowing certain agri-tourism uses in the countryside will be how the noise, disturbance and impingement on other operations will be enforced. There should be a look at how by-law will be able to enforce these items in conjunction with the zoning by-law review. Farms Forever Discussion Paper – Brenda reminded Committee members that the discussion paper is out for comment. http://www.omafra.gov.on.ca/english/policy/farmsforever.htm Future Agendas August 17th meeting, Traffic and transportation staff will be invited to attend about 5 year capital plan for local road improvements. 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, July 13, 7:30 p.m. Durham Climate Change Adaptation Plan, Hida Manns (DEAC member) and Brian Kelly (Durham Region staff) At 7:00 the Clarington Museum will be open to allow members to see the displays on farm families. I:\^Department\LDO NEW FILING SYSTEM\Committees\Agricultural Committee\2017 Minutes & Correspondence\Draft Minutes_ Meeting_8 June 17.docx 27 1 | Page CLARINGTON HERITAGE COMMITTEE Minutes of Meeting June 20, 2017 MEMBERS PRESENT: Todd Taylor, Victor Suppan, Filip Aleksanderek, Katharine Warren, Robert Malone REGRETS: Tracey Ali, Paul Davidson, Steve Conway, Councillor Hooper, Peter Vogel STAFF: Brandon Weiler DECLARATION OF PECUNIARY INTEREST None declared. ADOPTION OF AGENDA 17.26 Moved by B. Malone, seconded by F. Aleksanderek THAT the agenda for June 20, 2017 be adopted. “CARRIED” ADOPTION OF MINUTES 17.27 Moved by T. Taylor, seconded by K. Warren THAT the minutes of the Meeting of May 16, 2017 be accepted. “CARRIED” DELEGATIONS AND PRESENTATIONS Black Bird Construction 407 and 418 Community Value Plan Update – Members of Black Bird Construction, their consultants Jim Melvin and Richard Unterman and MTO staff met with the committee to present the latest concepts of the gateway features, bridge embossments and community value plan items. The gateways include a Clarington entry feature and signs for Courtice, Hampton, Solina, Leskard and Kirby. The committee engaged in a discussion regarding the design elements and materials to be used in construction. The committee requested that consideration be given to using salvaged building materials from specific buildings with gateway features that are in close proximity if possible. An example would be using field stone salvaged from 1909 Bloor Street, a designated building, within the Courtice gateway feature. Similar comments were made regarding houses removed near the Kirby sign. The committee 28 2 | Page also asked that the materials used in the gateway features be catalogued and shared with the committee and community so that the `story` to be told with all the signs can be easily expressed and the meaning behind the signs is not lost. The representatives of Black Bird informed the committee that the gateway features would not be illuminated due to cost. The committee respectfully asked that the option to illuminate the features be reconsidered as they felt the signs would have more impact and assist with wayfinding in the evening. The committee had concerns related to the embossment selection on the Solina bridge. The committee felt that the aboriginal theme represented cultural heritage generally and was not specific to Solina. The committee suggested that a more appropriate location for the bridge embossments would have been near the archeological site in Whitby. This would be a better connection with cultural heritage of Durham Region. The committee thanked all those in attendance for the presentation and taking the time to present the concepts to the committee. The committee indicated they would be submitting comments to Black Bird identifying their comments and concerns. St. George’s Church Addition Proposal (250 Mill St. S., Newcastle) – Representatives from St. George’s Church, including Father Doug, Deborah Leslie and Jack Leslie, with their consultant Marty Topolie presented their vision for a proposed addition to the committee. The addition, which would be located on the south side of the designated building, would include an office, Sunday school room and two accessible washrooms. Currently there are no washroom facilities within the church. The proposed addition will incorporate design elements from the existing building, mainly along the Mill St. frontage, using modern materials to distinguish the addition from the original building. The addition will be connected to the church via a walkway which will constructed using mainly glazing. The committee asked questions and engaged in a discussion regarding the building materials and the details of particular design elements in the addition. Among the main issues raised were the location and appearance of mechanical equipment, the brick bond pattern to be used for the addition and potential impact of the addition and shadows on the Tiffany Window. The committee thanked all members of St. George’s church for their presentation and for their stewardship of the building throughout the years. 29 3 | Page 17.28 Moved by T. Taylor, seconded by B. Malone THAT the committee recommend approval for the addition on the south side of St. Georges Church as shown to the committee provided the following details are addressed: • That there be no mechanical equipment visible on the exterior of the addition, • The brick bond pattern (believed to be Flemish) be the same as the original building, • That the pitch of the addition fronting onto Mill St. S. be in keeping with the existing pitches observed on the existing building, • That there be no visual and shadow impact on the Tiffany Window. “CARRIED” BUSINESS ARISING Jury Lands Foundation (Camp 30) – The foundation continues to attend community events, including Maplefest, to promote and educate the public about the history and the efforts to adaptively reuse the lands and buildings. The Foundation has released a schedule of walking tours to be held throughout the summer on their website and through an e-mail blast. Goodyear Property – No news to report Hollingshead Property – No news to report REPORTS FROM OTHER COMMITTEES Bowmanville Community Improvement Programs – No meeting to report. Orono Community Improvement Program – No meeting to report. Newcastle Community Improvement Program – No meeting to report. Architectural Conservancy Ontario, Clarington Branch – Doors Open took place on June 10 in the Kendal area and was a huge success. The total number of visitors is being calculated and will be announced at the next meeting. ACO will have a booth at Bluesberry Festival and will assist the Jury Lands Foundation with tours of Camp 30 this summer. The next meeting will be September 25, location to be determined. The ACORN, the ACO magazine, is always happy to receive articles. If anyone is interested in writing an article contact Tracey. 30 4 | Page Newcastle Village & District Historical Society – R. Malone reported the unfortunate news that the society was unsuccessful in their federal grant application to assist in digitization of their records. Sunday June 25 the society will host an event for Canada’s 150 celebration. The event will highlight many of the long standing families in the Newcastle area. The society has released the spring 2017 newsletter and is continuing to work on their new website and rebranding. An updated logo has been created and appears on the newsletter. Museum – The museum has started their Edwardian Tea events, more information can be found on the museums website. The museum is planning for Canada Day at the museum, all are welcome to attend. Working with the agricultural community to have a display on farming and the families involved in Durham Region, this display will travel to other locations throughout the Region. Heritage Conservation District – No news to report CORRESPONDENCE AND COUNCIL REFERRALS Municipal Register Report – Council approved the addition of 1738 Bloor Street and 1598 Baseline Road to the Municipal Register. The owner of 282 Liberty Street North appeared before Council with concerns over adding his property to the Register. Council requested that the committee meet with the owner of 282 Liberty Street North and report back. The committee suggested that staff contact the owner to find a date when the committee could meet with him. PROJECT REPORTS Subcommittee Reports: Municipal Inventory and Register Committee – No meeting to report. The subcommittee plans to meet over the summer and report back at the September meeting with more evaluations. Public Outreach and Education Committee – No meeting to report. K. Warren reported that she manned a booth for the committee at the Clarke Museum during Doors Open. A lot of discussions with visitors on the committee’s role in heritage in Clarington and people identifying properties throughout the municipality they would like to see preserved. 31 5 | Page NEW BUSINESS 127 Church St. (Orono Library) – B. Weiler reported that the Operations Department will be preforming maintenance work to the building. The building is identified as primary on the municipal inventory. In the late 1970s and early 1980s the committee initiated a review of the property with the intention to designate it under Part IV of the Ontario Heritage Act. The committee indicated that they would add this property to the list of properties to be evaluated by the sub-committee. 1498 Taunton Road – The property is designated under Part IV of the Ontario Heritage Act and the original brick is a listed feature. B. Weiler reported that the property at 1498 Taunton Road has some sever damage to the brick. The owners have applied for the heritage incentive grant program to repair some of the spalling and to undertake repointing work. It is more than likely that some bricks will need to be replaced. It appears that the previous owners undertook repair work on the brick that may have created further problems and replaced bricks over time. If large sections of brick need to be replaced the owners will require an alteration permit and will need to be a delegation before the committee in the future. Heritage Incentive Grants – B. Weiler reported that there were six applications received for 2017. Six is the most applications in a year since the program began in 2013. The interest level is increasing from year to year and the value of the projects applying for funding are increasing. This is a good sign that the program is working and that owners of designated properties are investing in their heritage properties. Next meeting: September 19, 2017, 7:00 p.m., at Clarington Municipal Offices in Room 1C 32 General Government Committee Report to Council Page 1 Report to Council Meeting of July 3, 2017 Subject: General Government Committee Meeting of Monday, June 19, 2017 Recommendations: 1. Receive for Information (a) 8.1 Minutes of the Kawartha Conservation Authority dated April 26, 2017 (b) 8.2 Minutes of the Tyrone Community Centre dated May 17, 2017 (c) 8.4 Minutes of the Energy From Waste – Waste Management Advisory Committee dated April 20, 2017 (d) 8.5 Roger Saunders, Director of Planning, Region of Durham – DEAC Environmental Achievement Awards Commissioner’s Report #2017-INFO-61 (e) 8.6 Municipality of Clarington – Strategic Priorities Update Article (f) 9.1 Shena Earl, Deputy Clerk, The United Counties of Leeds and Grenville – Speed Reduction on 400 Series Highways in Inclement Weather (g) OPD-005-17 2017 Winter Budget Report (h) CAO-007-17 Research on Municipal Organizational Reviews 2. Craig Hebert, General Manager, Historic Waste Program Management Office, Regarding an Annual Update That the delegation of Craig Hebert, General Manager, Historic Waste Program Management Office, regarding an annual update, be received with thanks. 3. Bill McLean, Board Member and Brad Carter, Acting Manager of Strategic Planning, Durham Regional Police Service Board, Regarding the Durham Regional Police Service 2017-2019 Business Plan That the presentation of Bill McLean, Board Member and Brad Carter, Acting Manager of Strategic Planning, Durham Regional Police Service Board, regarding the Durham Regional Police Service 2017-2019 Business Plan, be received with thanks. 33 General Government Committee Report to Council For Council Meeting of July 3, 2017 Page 2 4. Dietmar Reiner, Senior Vice President, Nuclear Projects, Ontario Power Generation, Regarding the Darlington Refurbishment Project Status Update That the presentation of Dietmar Reiner, Senior Vice President, Nuclear Projects, Ontario Power Generation, regarding the Darlington Refurbishment Project Status Update, be received with thanks. 5. Minutes of the Orono Business Improvement Area dated March 16, 2017 and June 6, 2017 That Communication Item 8.3, minutes of the Orono Business Improvement Area dated March 16, 2017 and June 6, 2017, be received for information; and That the Orono Business Improvement Area secretary be advised that the minutes be changed to reflect that Councillor Partner was present at the meeting. 6. Cedar Crest Beach Erosion Mitigation That Report EGD-015-17 be received; That a Coastal Engineering Study be undertaken for Cedar Crest Beach shoreline erosion mitigation funded through a cost sharing agreement, as outlined on Page 22 of Report EGD-015-17; That all interested parties listed in Report EGD-015-17 and any delegations be advised of Council's decision. 7. Request to Strike Committee to Review Mitigation and Safety Plan for Great Lakes and St. Lawrence Seaway Communities Whereas Lake Ontario is a valuable regional, national and international resource; Whereas federal governments of the United States and Canada and the International Joint Commission have, in partnership with the States and Provinces, a joint interest in the management of Lake Ontario; Whereas the management of the lake levels falls within this joint interest; Whereas the flooding experienced by the residents of Cedar Crest Beach in the Municipality of Clarington has resulted in effecting residents’ safety and has caused significant property damage; 34 General Government Committee Report to Council For Council Meeting of July 3, 2017 Page 3 Whereas the Corporation of the Municipality of Clarington has expended significant staffing resources and financial resources in aiding the area residents and ensuring their safety; Whereas the Federal Government and the Provincial Governments provide financial assistance programs in restoration of damages in the event of Lake Ontario shoreline flooding; And whereas it is conceivable and reasonable to anticipate future flooding as was experienced in the spring of 2017; Now therefore be it resolved that the provincial and federal governments be requested to strike a committee to review mitigation and safety plans for the communities fronting the Great Lakes and St Lawrence Seaway; and That the Municipality of Clarington be invited to participate on the committee to allow for input in the review of this plan. 8. Cedar Crest Beach Erosion Control Engineering Solution Whereas Council has considered Report EGD-015-17 setting out options for addressing erosion control in the Cedar Crest Beach area; and Whereas Council has heard from residents in the area requesting federal and provincial government, CLOCA and St. Marys Cement participation in the study and implementation of an engineering solution to the erosion notwithstanding that the residents understand that such a solution will not prevent flooding; Now therefore be it resolved that the federal and provincial government, CLOCA and St. Marys Cement be advised of the residents' request that they participate in the implementation of an engineering solution to the erosion; That Staff be directed to call these parties and a representative of the residents together to discuss this matter; and That Staff report back on the results of this discussion to Council as soon as practicable. 35 General Government Committee Report to Council For Council Meeting of July 3, 2017 Page 4 9. Community Grant Request - Supplementary That Report CSD-006-17 be received; That Grant Application #17-32 from AIDS Committee of Durham Region, be approved in the amount of $2250.00; That the 2017 Community Grant Program be closed following Council's consideration of this request; and That all interested parties listed in Report CSD-006-17 and any delegations be advised of Council's decision. 10. Schedule of Rates and Fees - 2017/18 - 2018/19 That Report CSD-007-17 be received; and That Council approve the proposed rates and fees as outlined in Attachment 1 of Report CSD-007-17 for the period September 1, 2017 to August 31, 2019. 11. Rout and Seal Crack Repair That Report COD-011-17 be received; That Done Rite Plaza Maintenance and Sons, with a bid in the amount of $83,249.76 (Net of HST), being the low, compliant bidder meeting all terms, conditions and specifications of CL2017-16 for Rout and Seal Crack Repair be awarded the contract, as recommended by the Operations Department; That pending satisfactory pricing and service the Purchasing Manager be given the authority to extend the contract for this service for up to four additional one year terms; That funds required for this project in the amount of $83,249.76 (Net of HST) be funded by the Municipality as follows: Pavement Resurfacing 100-36-381-10250-7163 $52,000.00 Pavement Rehab 110-32-330-83212-7401 $31,249.76 That all interested parties listed in Report COD-011-17 and any delegations be advised of Council's decision by the Corporate Services Department. 36 General Government Committee Report to Council For Council Meeting of July 3, 2017 Page 5 12. Stormwater Management Pond Cleanout and Maintenance (CL2016-16) That Report COD-014-17 be received; That Ground Force Environmental Inc. be authorized to complete the previously approved work on Robert Adams Pond in addition to the work required on the adjacent quantity pond, with a cost of $222,641.19 (Net HST Rebate). The award is contingent on the Municipality receiving funding from Clean Water and Wastewater Fund (CWWF). Ground Force Environmental was previously awarded work required for this location as stipulated in CL2016-16 and awarded via PS-010-16; That the funds required for this project in the amount of $293,602.38 (Net HST Rebate) which includes the construction cost of $222,641.19 (Net HST Rebate) and other related costs such as design, inspection, material testing, contingency of $70,961.19 (Net HST Rebate) be funded by the Municipality as follows: Stormwater Pond Cleanout 110-36-386-83454-7401 $ 293,602.38 That all interested parties listed in Report COD-014-17 and any delegations be advised of Council's decision by the Department. 13. Concession Road 3 Reconstruction That Report COD-012-17 be received; That Ambler & Co. Inc. with a total bid amount of $3,849,848.55 (Blended HST) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2017-7 be awarded the contract for the reconstruction of Concession Road 3 as required by the Engineering Services Department; That the funds required for this project in the amount of $4,554,000.00 (Blended HST) which includes the construction cost of $3,849,848.55 (Blended HST) and other related costs such as design, permit fees, utility relocation, inspection and contract administration, materials testing and contingencies of $704,151.45 (Blended HST) be funded by the Municipality as follows: Con Rd 3 Reconstruction 110-32-330-83417-7401 $ 50,805.31 (RR 57 - Middle Rd) Con Rd 3 Reconstruction 110-32-330-83416-7401 $2,061,998.72 (Middle Rd - Liberty St) 37 General Government Committee Report to Council For Council Meeting of July 3, 2017 Page 6 Con Rd 3 Reconstruction 110-32-330-83415-7401 $ 19,195.97 (Liberty St - Jollow Dr) South Service Rd Streetlighting 110-32-324-83433-7401 $ 186,000.00 (Lake Rd - Bennett Rd) Region of Durham 100-00-000-00000-1010 $ 102,000.00 Contribution from Development 100-32-130-00000-1010 $2,134,000.00 That all interested parties listed in Report COD-012-17 and any delegations be advised of Council's decision by the Department. 14. 2017 Stormwater Management Pond Cleanout and Maintenance (CL2017-13) That Report COD-013-17 be received; That J. Kennedy Trenching & Excavating with a total bid amount of $430,211.26 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2017-13 be awarded the contract, contingent on the Municipality receiving funding from Clean Water and Wastewater Fund (CWWF), for the stormwater management of Clarnew Pond and West Side Pond as required by the Engineering Services Department; That the funds required for this project in the amount of $612,058.31 (Net HST Rebate) which includes the construction cost of $430,211.26 (Net HST Rebate) and other related costs such as design, inspection, material testing, contingency of $181,847.05 (Net HST Rebate) be funded by the Municipality as follows: Stormwater Pond Cleanout 110-36-386-83454-7401 $ 612,058.31 That all interested parties listed in Report COD-013-17 and any delegations be advised of Council's decision by the Department. 15. Orono Arena and Community Centre Board That Report LGL-007-17 be received; That Council pass By-law 2017-054 (Attachment 1 to Report LGL-007-17) to designate the Orono Arena and Community Centre as a municipal capital facility and exempt it from taxation; 38 General Government Committee Report to Council For Council Meeting of July 3, 2017 Page 7 That the Clerk be directed to provide written notice of By-law 2017-054 to the Minister of Education as required by subsection 110(5) of the Municipal Act, 2001; That the Clerk be directed to provide written notice of By-law 2017-054 to the Municipal Property Assessment Corporation, the Clerk of the Region of Durham and the local school boards as required by subsection 110(8) of the Municipal Act, 2001; That the Municipality enter into a Municipal Capital Facility Agreement with the Orono Amateur Athletic Association substantially in the form attached to Report LGL-007-17 (Attachment 2) to manage and operate the Centre; That any operating funds in the Orono Arena Board accounts as of the transition date be transferred to the Orono Amateur Athletic Association to continue to be used as operating fund under the Municipal Capital Facility Agreement; That provided a Municipal Capital Facility Agreement has been entered into with the Orono Amateur Athletic Association, the Orono Arena and Community Centre Board be dissolved effective August 1, 2017; and That the Orono Amateur Athletic Association and all members of the Orono Arena Board be notified of Council’s decision. 16. Water Distribution System and Reusable Water Bottles That Staff continue to investigate the purchase of a system to distribute water at festivals and during emergencies; That Staff, working towards AppleFest as an appropriate event, continue to work with other governments, business and other agencies to provide funding for reusable steel water bottles; and That up to $10,000 be drawn from an account to be identified by the Director of Finance for participation in this project. 39 Planning & Development Committee Report to Council Page 1 Report to Council Meeting of July 3, 2017 Subject: Special Planning & Development Committee Meeting of Tuesday, June 20, 2017 Recommendations: 1. Receive for Information (a) PSD-046-17 Process Enhancement Project Progress Update 2. An Application by a Group of Land Owners to Amend the Worden East Neighbourhood Design Plan and Three Applications to Subdivide a Portion of Those Lands in Courtice That Report PSD-045-17 be received; That staff consider the public comments received in the further processing of the applications submitted by the group of land owners to amend the Worden East Neighbourhood Design Plan and for the development of three plans of subdivision S-C-2017-0002, S-C-2017-0003 and S-C-2017-0004; and That all interested parties listed in Report PSD-045-17 and any delegations be advised of Council's decision. 3. An Application by Kaitlin Homes Limited to Amend the Zoning By-law to permit the extension of a Temporary Use Zoning By-law to Facilitate a Temporary Homes Sales Pavilion at 3 Martin Road, Bowmanville That Report PSD-042-17 be received; That the proposed application for Rezoning ZBA2017-0013 by Kaitlin Homes Limited be approved and the By-law contained in Attachment 1 to Report PSD--042-17, be adopted; 40 Planning & Development Committee Report to Council For Council Meeting of July 3, 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-042-17 and Council’s decision; and That all interested parties listed in Report PSD-042-17 and any delegations be advised of Council’s decision. 4. An Application by Simon Gill and Janet Taylor Gill to Permit Agri-tourism Uses on Their Farm Property Including Special Events and a Nano-cidery That Report PSD-043-17 be received; That staff consider the public comments received in the further processing of the Clarington Official Plan and Zoning By-law Amendment applications submitted by Simon Gill and Janet Taylor Gill to permit agri-tourism uses on their farm property; and That all interested parties listed in Report PSD-043-17 and any delegations be advised of Council’s decision. 5. An Application by Newcastle Marina Villa Ltd. (Kaitlin Corporation) to Permit 27 Townhouse Condominium Units in the Port of Newcastle That Report PSD-044-17 be received; That staff consider the public comments received in the further processing of the proposed application for rezoning ZBA 2017-0005 submitted by Newcastle Marina Villa Ltd; and That all interested parties listed in Report PSD-044-17 and any delegations be advised of Council’s decision. 41 Planning & Development Committee Report to Council Page 1 Report to Council Meeting of July 3, 2017 Subject: Planning & Development Committee Meeting of Monday, June 26, 2017 Recommendations: 1. Receive for Information (a) PSD-055-17 Provincial Release of the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan – 2017 2. John A. Roznik – Request to Extend the Use of Temporary Living Quarters at 1093 Gifford Road, Clarke That the request from John A. Roznik to extend the use of temporary living quarters at 1093 Gifford Road, Clarke for six months be approved, subject to the signing of a further Letter of Undertaking. 3. An Application by SmartREIT to Rezone the Subject Lands to Accommodate a 25,360 Square Metre Retail Outlet Centre, Baseline Road, Bowmanville That Report PSD-047-17 be received; That staff consider the public comments received in the further processing of the application for rezoning (ZBA 2017-0016) including the preparation of a subsequent report; and That all interested parties listed in Report PSD-047-17 and any delegations be advised of Council’s decision. 42 Planning & Development Committee Report to Council For Council Meeting of July 3, 2017 Page 2 4. An Application by Soroya Yule and Spencer Yule to amend the Official Plan and Zoning By-law to permit an apartment-in-house within a new addition to the existing dwelling on a rural residential property located at 4443 Concession Road 5 That Report PSD-048-17 be received; That the Official Plan Amendment Application (COPA 2017 -0009), submitted by Soroya and Spencer Yule, be closed; That the Zoning By-law Amendment Application (ZBA2017-0017), submitted by Soroya and Spencer Yule, be approved and that the appropriate by-law be forwarded to Council for adoption; and That all interested parties listed in Report PSD-048-17 and any delegations be advised of Council’s decision. 5. Designated Heritage Property Alteration Request - 5565 Old Scugog Road That Report PSD-050-17 be received; That permission be granted to add a second floor addition, above an existin g one storey portion, on the east side of the house on the property identified as 5565 Old Scugog Road, Hampton, in accordance with Section 33(4) of the Ontario Heritage Act; and That all interested parties listed in Report PSD-050-17 and any delegations be advised of Council’s decision. 6. King Street Streetscape Project in Bowmanville That Report PSD-051-17 be received; That Council approve $100,000 funding, as an upset limit, from the Community Improvement Plan Reserve Fund for the implementation of the King Street streetscape project; and That the Historic Downtown Bowmanville BIA be notified of Council’s decision. 43 Planning & Development Committee Report to Council For Council Meeting of July 3, 2017 Page 3 7. An Application by Newcastle Lodge for Senior and Family Dwellings to Construct a four Storey Residential Building on King Avenue East, Newcastle That Report PSD-052-17 be received; That the Zoning By-law Amendment application submitted by Newcastle Lodge for Senior and Family Dwellings be approved as contained in Attachment 1 to Report PSD-052-17; That the file COPA 2017-0002 be closed, as an amendment to the Clarington Official Plan is not required to permit the proposed revised residential building addition; That, through Site Plan submission, the owners be required to incorporate appropriate architectural details in the design of the addition and/or erect a suitable plaque as part of the design of the building addition to commemorate the history of the property at 153 King Avenue East; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-052-17 and Council’s decision; and That all interested parties listed in Report PSD-052-17 and any delegations be advised of Council’s decision. 8. Designated Heritage Property Alteration Request – 1640 Concession Road 9 That Report PSD-053-17 be received; That permission be granted to allow for the original double hung gothic windows of coloured and etched glass to be replaced with new wooden windows and to allow the sponge grain finished wainscoting to be painted on the property identified as 1640 Concession Road 9, Enfield, in accordance with Section 33(4) of the Ontario Heritage Act; and That all interested parties listed in Report PSD-053-17 and any delegations be advised of Council’s decision. 44 Planning & Development Committee Report to Council For Council Meeting of July 3, 2017 Page 4 9. Declaration of Surplus Property, 155 Baseline Road, Bowmanville That Report PSD-054-17 be received; That Council declare approximately 6.02 acres of the property identified as 155 Baseline Road, and shown in Figure 1 of Report PSD-054-17, as surplus and offered for sale to the adjacent property owner at terms to be negotiated, including that there be no net loss in flood storage capacity for the floodplain; and That all interested parties listed in Report PSD-054-17 and any delegations be advised of Council’s decision. 45 Emergency 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: Council Date of Meeting: July 3, 2017 Report Number: ESD-004-17 Resolution: File Number: By-law Number: Report Subject: Cedar Crest Beach Flooding – Key Actions Taken April 26, 2017 – June 26, 2017 Recommendations: 1. That Report ESD-004-17 be received for information; and 2. That all interested parties named in Report ESD-004-17 be provided a copy. 46 Municipality of Clarington Report ESD-004-17 Page 2 Report Overview This report is intended to provide background information regarding the Municipality of Clarington’s Emergency Plan, the chronology of flooding events at Cedar Crest Beach/West Beach and the intended process to develop a waterfront emergency plan. 1. Purpose of this Report The purpose of this report is to: a. Respond to Resolution #C-134-17: “That the Director of Emergency & Fire Services report back with a full report outlining actions taken with respect to the flooding in Cedar Crest Beach Area from April 25, 2017 until the water levels return to normal or June 30, 2017, whichever comes first with reference to the provisions and applications of Emergency Services Emergency Plan.” b. Provide a precursor to the full response in the fall to Resolution #C135-17: “That Staff arrange an information session for Councillors regarding emergency planning and emergency management; and Staff consider updates to By-law 99-161, including clear direction on the roles and responsibilities of members of Council and that staff report back on what communications should be provided to Members of Council.” c. Outline (by way of “Next Steps” in this report) the intended process for responding in September to Resolution #GG-259-17: “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.” 2. Background The Municipality of Clarington has an Emergency Plan that is reviewed annually. Each year designated members of the Emergency Control Group take part in a training exercise utilizing the information and processes outlined in the Emergency Plan. Our plan is somewhat different than most as it also encompasses elements we are required to do in the event of a nuclear emergency at Darlington Nuclear Generating Station located in Clarington. During an emergency, it is first assessed to determine the magnitude of the event. For example, if we had a major brush or forest fire in or around the Ganaraska Forest, this may require more resources and specialized forestry equipment than we have. Our Emergency Operations Centre (EOC) would most likely be activated and key staff, as part of the Emergency Control Group, would be called in to the EOC located at 3333 Hwy 2, Newcastle (Fire Station 2). Once convened the group would be updated, in this instance by the Fire Chief or Deputy Chief, as to the event and what needs to be done 47 Municipality of Clarington Report ESD-004-17 Page 3 would be considered. The Control Group would review various options and look at what resources are required. The Mayor, as part of the Control Group, would be kept informed and would liaise with Council to keep them up to speed. The Mayor and possibly the Fire Chief and/or CEMC (Community Emergency Management Coordinator) with the assistance of the Corporate Communications Manager would correspond with the media. Council would be kept updated and any general concerns from the various Council members could be communicated to the Mayor and/or the EOC. The Emergency Plan allows flexibility as no two emergencies are the same. Each situation requires different resources and strategies to mitigate. Thus the Municipality has not written a specific plan for flooding emergencies but instead follows standard operating procedures for emergencies. However, a plan specific to flooding has been requested by Council and will be developed. See “Next Steps” of this report. With respect to the current flooding conditions experienced in Clarington, this type of emergency is relatively new. The last time we had a similar event was in 1986. The extremely high lake levels made it very difficult to control flooding that is caused by wave action and surge. In an emergency the primary concern is for life safety. If residents are impacted by high levels of water in their homes, the most common plan is to have them evacuate until the water subsides. The Municipality, as with most others, is not equipped to deal with lake effect flooding to this degree. Cobourg, Brighton, Belleville are all experiencing this problem. For many years the Province has been trying to educate Ontario residents to be prepared. They suggest residents do self-assessments and plan to be self-sufficient for up to 72 hours. In flood prone areas, residents should have a plan on how to sand bag, where to purchase them and possibly make arrangements with a contractor. Residents should also have an adequate sump pump, back up pumps and possibly generators for such an emergency. It is very unlikely a Municipality would have enough pumps or generators to assist. Many municipalities that experience this type of annual flooding do gear up in some respects to supply some sand bags and sand for residents to pick up and use on their own. 3. Key Actions Taken April 26 – June 26, 2017 (as documented by the Director of Emergency & Fire Services) Wednesday, April 26, 2017 I received a phone call from Chris Darling from Central Lake Conservation Authority (CLOCA) making me aware of the high lake levels. That afternoon myself and Deputy Chief Hesson toured the Cedar Crest Beach area and noted that the lake seemed quite high but at this time had not caused any concerns. At this point we had not received any concerns from the local residents either. 48 Municipality of Clarington Report ESD-004-17 Page 4 Sunday, April 30, 2017 At 12:46 p.m. we received a call from a resident at 93 Cedar Crest Beach Road. A storm was bringing rain and high winds causing the lake to surge towards the shoreline along Lake Ontario in the West Beach and Cedar Crest Beach area. Upon arrival our first Pumper in identified there was some flooding occurring in the area as a result of the surge splashing the shoreline and some water being pushed over the beach head. This caused water to start to pool in many of the residents’ properties. As the afternoon progressed many residents were experiencing flooding in crawl spaces and in some basements. (Note, only a few homes in this area have basements.) Several Tankers were deployed to utilize their pumps. Staff pumped out several crawl spaces starting at 93 Cedar Crest Beach Rd. Operations Department was contacted and sand and sand bags were deployed to help assist with trying to keep the water from getting into the crawl spaces as well as trying to block the surge/wave action in front of many of the homes being impacted. Sand bags were placed between 87 and 83 Cedar Crest Beach Rd. I reached out to area municipalities and Durham Emergency management Office (DEMO) to try and access more sand bags but very few were available. A local rental company was contacted and they made additional pumps available to residents. This was verbally communicated to area residents. By mid-afternoon the winds and surge had diminished, however we were still getting some rain. The conditions had settled down somewhat and most residents were still trying to keep water from entering their crawl spaces, basements and homes. Monday, May 1, 2017 We reassessed, contacted suppliers and brought in more sand and sand bags, deployed 5 trucks and 7 staff from the Operations Department to assist residents. 49 Municipality of Clarington Report ESD-004-17 Page 5 Monday evening during the Council meeting I received email concerns regarding the Cedar Crest Marsh as it was now flooding parts of the road. I attended the area after the meeting was over and met the Operations Supervisor. We decided to bring in some staff from both Operations and Fire to assist in building a sand bag wall along a portion of the road that was flooding. We completed this around midnight. Residents had been trying to open the outfall from the marsh into the lake as the marsh was very high. These efforts seemed to help. In the morning we requested and were granted permission from CLOCA to allow us to open the outfall. Once opened up, the marsh lowered and flooding along the road diminished. Operations moved equipment and deployed staff to do this and this equipment remains on site to this day. We continued to monitor the area each day and continued to acquire and build sand bags for residents who requested bags. Friday, May 5, 2017 At approximately 7:00 a.m. we started to receive more calls regarding the storm and flooding as winds had picked up and we were seeing the wave and surge impact residents. Operations and Fire staff were dispatched and again more sand bags were built and deployed. We activated the Emergency Operations Centre (EOC) and convened around 0900 hrs. Once the EOC was manned I went back to Cedar Crest Beach Rd. and lead the scene from 87 Cedar Crest Beach Rd. The Municipal Control Group: - Co-ordinated resources from all departments and from the Region – Social Services, DART, Police - Communicated to the public and media actions to take to stay safe and Municipality’s response to the emergency Later that morning MPP Granville Anderson visited the site and spoke to some residents. Fire worked with Operations to have several portable washrooms brought in for use by the residents and the volunteers. 50 Municipality of Clarington Report ESD-004-17 Page 6 I spoke with United Rental. They offered some pumps to use and I advised them to deliver ASAP. Staff, along with residents helped document who needed more sand bags, and pumps, etc. By 6:00 p.m. most of the sand bags that had been requested were delivered and put in place. By 7:00 p.m. most of the help had left and a quick count identified we had approximately 1,000 plus sand bags ready to be deployed. The following few days we continued to build more sand bags. Saturday, May 6, 2017 Both the Red Cross and Salvation Army delivered bottled water to residents and assisted in doing additional assessments of each home. The marsh level continued to fluctuate with the different rain storm events, requiring the need to check the outfall daily to ensure it is kept open. Tuesday, May 9, 2017 I requested some water totes be brought in to assist residents with non-potable water for washing, etc. As well, I was able to source a Quench Buggy from Ajax which they loaned us to use for drinking water. It dispensed water for filling jugs and had drinking taps to drink from. The only concern was from Durham Health Department. We were required to test the water at least 2-3 times daily to ensure the HCL % was maintained. Wednesday, May 10, 2017 Two additional portable washrooms were deployed. At 0530 Salvation Army went door-to-door to assess the residents’ personal needs. The facilities at the Alan Strike Aquatic and Squash Centre was made accessible to the residents. Thursday, May 11, 2017 The Quench Buggy was approved for use and well tests were returned with no issues. Friday, May 12, 2017 I received a call from Port of Newcastle regarding flooding in that area. They requested 300 sand bags. Myself and the Operations Director, Fred Horvath attended to see the water levels. Docks around the Brig were flooded. Fuel pumps and sewage pump were unusable due to high water levels. 51 Municipality of Clarington Report ESD-004-17 Page 7 We continued to monitor conditions daily, building sand bags and delivering to those residents requesting them. Monday, May 15, 2017 During the week of May 15, myself and Steve Brake along with Bob Genosko attended a Provincial meeting in Cobourg on debris management. This meeting identified various issues and concerns as to how to dispose of debris, sand bags, etc. Saturday, May 20, 2017 Just after 0930 calls started to come in for flooding. Again staff were called in to assist with sand bag filling and deploying. More pumps were dispatched to various residents where they did not have their own to help pump out crawl spaces, etc. Operations continued to maintain the outfall as rain was also causing the marsh to fill. By mid-afternoon the weather had settled down and the wave surge had stopped. Red Cross and Salvation Army were called in again to assist and go home to home ensuring all residents were managing. Over the next few days, sand bag efforts continued. In discussions with the Ministry of Natural Resources and Forestry (MNRF) it was suggested to concentrate on building walls around the homes to protect them from the surge water that was pooling during the storms. Sunday, May 21, 2017 An after-hours line was set up to provide residents direct contact to Operations on-call staff for flooding concerns. Thursday, May 25, 2017 Mid-morning we were into another storm with major surge occurring. It was the worst to date, causing water to actually flow across properties into the marsh. Parts of Cedar Crest Beach Rd. became totally submerged with close to a foot of water in areas. An additional 30 staff members from Operations were deployed. Utilized OVERT to assist with some coordination with volunteers and sandbagging. Salvation Army attended again providing food, etc. Red Cross helped with assessments. I requested some additional help from the Provincial Emergency Operations Centre (PEOC). A flood e-mail notification group of key staff members was created for residents to communicate their flooding concerns. (Flood@clarington.net) 52 Municipality of Clarington Report ESD-004-17 Page 8 Friday, May 26, 2017 A crew of 8 plus a Crew Leader from MNRF was sent. They brought 20,000 sand bags and mainly focused on building flood barriers for homes fronting the lake. Close to 50 people consisting of volunteers, Operations and Fire Staff, convened to do a home-to-home assessment and build sand bag walls at close to 20 plus homes. Monday, May 29, 2017 A second crew of 13 from MNRF arrived and stayed until May 31. They again built sand bags and helped deploy them. They brought an additional 6,500 sand bags. Tuesday, May 30, 2017 Concerns were received from West Beach residents about water on the road in one area. Additional gravel was added to raise the road which seemed to work well. The Red Cross distributed Flood Clean-Up Kits to residents and a door-to-door assessment was completed by Fire and Operations staff, recording sand bag requirements. Wednesday, May 31, 2017 Clarington staff and CLOCA met with a Coastal Engineer. Thursday, June 1, 2017 A third crew of 13 from MNRF arrived June 1 and stayed until June 3. They built and deployed sand bags. The Provincial Disaster Assessment Team (PDAT) from the Ministry of Municipal Affairs and Housing (MMAH) arrived to do an assessment of the area to provide to the Minister for consideration to be added to the list of declared areas in the Province for Disaster Recovery Assistance for residents and businesses. The PDAT visited many of the homes and properties, as well as, the Port Darlington Marina. Friday, June 2 – Saturday June 3, 2017 Volunteers and Municipal staff along with MNRF conducted more assessments, rebuilt some walls and added sand bags to many others. We continued to monitor the area and had Operations staff continue to build more sand bags and deliver to homes requesting additional sand bags. Monday, June 05, 2017 I arranged for our Chief Building Officer (CBO) along with an engineer inspect a couple of homes who felt they had foundation concerns. No immediate concerns were identified with what they saw. Residents called out for volunteers to conduct another round of reassessing some homes and shoring up some sand bag walls, adding a layer or two, etc. 53 Municipality of Clarington Report ESD-004-17 Page 9 Saturday, June 10, 2017 Close to 35 residents and volunteers as well as some Fire and Operations staff assisted in the assessment and deployed sand bags We continued to monitor conditions daily and advised Operations when the outfall was closed in Saturday, June 10 – Tuesday, June 13, 2017 Through monitoring the area we found that the outfall was closed each night. Operations attended the area to open the outfall each morning. On June 13 we moved the new Sandbagger machine to the municipal lot and cleaned up the lot where it had previously been located. Wednesday, June 14, 2017 The outfall was partially closed and had notified Operations to reopen. Toured the Port Darlington Marina and levels on fixed docks suggested the lake was down possibly 3 inches or so. Thursday, June 15, 2017 CAO Curry Clifford and I visited 93 Cedar Crest Beach Rd., the home of Sarah Delicate. Sarah showed us the affects the waves were having at this time causing some minor surge/wave flooding and erosion of the waterfront. We toured some other properties with her to review conditions. Friday, June 16 – Thursday, June 22, 2017 Continued to monitor conditions each day, advised Operations when the outfall was closed and required reopening. With several rain events the marsh on both sides seemed to maintain levels that did not create additional flooding. Friday, June 23, 2017 The outfall was partially closed. Operations was advised to reopen. Heavy rains caused some flooding along Cedar Crest Beach Rd. West Beach appeared to be okay. Due to the heavy rain, Clarington experienced flooding at various locations. Calls were received from Darlington Provincial Park advising that the water level at Robinson Creek was causing the main campsite road to flood. Various subdivisions experienced flooding as the catch basins were not able to handle the amount of water. Major flooding experienced at Middle Rd. and Concession 3 as well as Baseline Rd., between Spry and Liberty St. S. 54 Municipality of Clarington Report ESD-004-17 Page 10 Sections of the trails were also flooded. Late that afternoon, many of the closed roads had been reopened. Operations had numerous wash outs to attend to. Extensive work is still on-going as Operations restores the affected areas of Clarington roads and trails. Saturday, June 24, 2017 The outfall was open and flooding on Cedar Crest Beach Rd. had subsided and was fully open again. Operations staff were repairing some side roads at various locations in Clarington. Sunday, June 25, 2017 Outfall found to be partially closed. The water level in both marsh areas were good. Visited Port Darlington Marina and found that the lake level appeared to be down somewhat as some of the fixed docks were now above water. Monday, June 26, 2017 Outfall was closed. I advised Operations to have it opened. We will continue to monitor conditions on a regular basis and advise Council should conditions change. 4. Concurrence The Director of Operations has reviewed this report and concurs with it. 5. Next Steps As we move forward we will continue to monitor the conditions of the lake and marsh both at Cedar Crest Beach and West Beach. As well, we continue to monitor conditions at Port Darlington Marina, Port of Newcastle Marina and the various parks along our lake shore. We have engaged a consultant and are currently working on the process to develop a comprehensive waterfront emergency plan for each of the waterfront areas identified in Clarington as requested by Resolution #GG-259-17. This report on key actions will be reviewed to help shape this plan. It is my intent to have this completed for review by the General Government Committee at its September 25 meeting. As per Resolution #C-135-17 we arranged an information session during our exercise on June 2 where Council was invited. We will be conducting another session in the near future for those who were unable to attend. During this session, we will discuss what communications should be provided to Members of Council and an update to By-law 99- 161 with respect to the roles and responsibilities of Members of Council. 55 Municipality of Clarington Report ESD-004-17 Page 11 Potable water and portable washrooms were provided on May 5 as directed in Resolution #GG-263-17. A local supplier provided potable water in totes on May 11. The totes have been removed and we are currently reassessing the need for portable toilets as many residents have restored the use of their septic systems. The Director of Operations, staff and myself have been meeting to discuss plans for the removal of sandbags and clean up efforts in the affected areas. We hope to have this plan finalized in the near future and will advise residents of the plan. We are in the hands of Mother Nature and hopefully if warmer weather arrives and less rainfall, we should see the lake water levels start to lower at a quicker pace. This will help determine when to start the cleanup. In the event further storms occur Operations and Emergency Services staff will continue to assist residents to our current standards unless otherwise directed by Council. 6. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Gord Weir, Curry Clifford, MPA, CMO Director of Emergency & Fire Services Interim CAO Staff Contact: Gord Weir, Director of Emergency and Fire Services / Fire Chief, 905-623-5126 ext. 2802 or gweir@clarington.net Attachments: Attachment 1 – Cedar Crest/West Beach Flood 2017 Interested Parties: Port Darlington Ratepayers Association Newcastle/Bond Head Ratepayers Association Southeast Clarington Ratepayers Association Sarah Delicate and Jim Mackenzie Michelle Lomas Christine Brown Read Jeff Mitchell Joanne Ford Kelly Gallant Angela Penfound Susie and Danny Plumpton Nancy and Jason Edwards GW/pm 56 Attachment 1 to Municipality of Clarington Report ESD-004-17 Cedar Crest Beach Flood 2017 Water Tote Sand Bagging New Sandbagger Machine Outfall 57 Attachment 1 to Municipality of Clarington Report ESD-004-17 Cedar Crest Beach Flood 2017 Operations / Fire Staff and Volunteers Cedar Crest Beach Rd. Flooded CCB Flooded Residential Property Firefighters Pumping Water from Crawl Spaces/Basements 58 Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: July 3, 2017 Report Number: CLD-013-17 Resolution: File Number: By-law Number: Report Subject: Zoo to You Request for Exemption to the Exotic Animal By-law 2012-045 Recommendations: 1. That Report CLD-013-17 be received; 2. That Council consider the Zoo to You request for a temporary exemption to By-law 2012-045; and 3. That all interested parties listed in Report CLD-013-17 and any delegations be advised of Council's decision. 59 Municipality of Clarington Report CLD-013-17 Page 2 Report Overview This Report is presented in response to a Council’s request to report back on Zoo to You animals that would be acceptable should Council approve their request for a temporary exemption to the requirement of the Exotic Animal By-law 2012-045 specifically, the requirement to be CAZA certified to be eligible to be permitted to conduct an Exotic Animal Entertainment Event. 1. Background Jennifer Dieth, from Zoo To You, attended as a delegation to the June 19, 2017 General Government Committee meeting and submitted correspondence requesting a temporary exemption to the Exotic Animal By-law 2012-045. In particular, Zoo to You has requested an exemption from the requirement of having to be CAZA certified (Canada's Accredited Zoos and Aquariums) when staff are considering their applications to conduct Exotic Animal Entertainment Events, until their application to CAZA has been decided on by CAZA. The Committee passed the following Resolution #GG-355-17: That item 9.2 from Jennifer Deith, Zoo to You regarding a request for an exemption to the Exotic Animal By-law 2012-045, be referred back to staff to determine a list of animals that would be acceptable for an exemption to the Exotic Pet By-law until October 31, 2018. Section 43(b) of By-law 2012-045 states that “the Municipal Clerk may refuse to issue a Permit where the promoter of the Exotic Animal Entertainment Event is not a member of, or accredited by, either the Canadian Association of Zoos and Aquaria, or the American Zoo and Aquarium Association, or otherwise licensed by an appropriate authority.” See Attachment 1 for excerpts of By-law 2012-045 relating to Exotic Animal Entertainment Events. A permit is not required where the event does not include any animals that are prohibited under the Exotic Animal By-law 2012-045. 60 Municipality of Clarington Report CLD-013-17 Page 3 2. Discussion Since the June 19, 2017 General Government Committee meeting, staff spoke to Zoo to You and confirmed the animals included in their collection. The following chart details the proposed animals, and any staff concerns should they be permitted without CAZA overseeing the organization showing them. Animal Comments Small Lizard Permitted under By-law 2012-045 Chinchilla Permitted under By-law 2012-045 Ferrets Permitted under By-law 2012-045 Skinny Pig Permitted under By-law 2012-045 Rabbit Permitted under By-law 2012-045 Tree Frog Permitted under By-law 2012-045 American Alligator Alligators make terrible pets. Alligators are purely instinctual hunters and do not show affection. Unlike cats and dogs, alligators will never love the hand that feeds them. Spectacled Caiman The Spectacled Caimans do not grow as large as their enclosure and you can NEVER tame them. These animals have a survival instinct that has been instilled upon them since before the dawn of man. You will not tame that out of them, according to Bam Rubenstein & Richard Brooks (Herp Center on line support since 2004) reptile care sheets. Handling should be done minimally as crocodilians are often easily agitated and stressed by handling. Burmese Python If shorter than 2 m then currently permitted. (limit is 2 metres) Dwarf Reticulated Python If shorter than 2 m then currently permitted. (limit is 2 meters) Rose Hair Tarantula The Rose Hair Tarantula has had several issues in the past regarding the urticating’s hairs being thrown. Some have landed in the eyes of children and adults including a three year old boy in Toronto. There were 20 of the tiny hairs found on the boy’s left eye and it took six months for the child to finally show some improvement. Emperor Scorpion Scorpions are “hands off pets” that cannot be tamed, according to Frank Indiviglio, who is a zoo keeper for 20 years at the Bronx Zoo, consultant for several other zoos, a researcher, and also an author of many books on reptiles. Handling is a stressful event for any scorpion, although this may not be apparent from its behavior. More importantly, while the venom produced by the Emperor Scorpion is not considered as dangerous to healthy adults, children, and the elderly, and people with allergies or compromised immune systems may be at risk Sugar Glider Limited risk Hedgehog Limited risk 61 Municipality of Clarington Report CLD-013-17 Page 4 3. Concurrence Not Applicable 4. Conclusion The intent of the by-law requirements is to ensure the safety of the community as well as the wellbeing of the animals. Should Council wish to approve a temporary exemption, staff suggest that the exemption be limited to the CAZA requirement and be conditional on: • Zoo to You providing proof to the Municipality of Clarington that they have submitted an application to CAZA to be considered during the 2018 review process, • the exemption be limited to Sugar Gliders and Hedgehogs • the temporary exemption expire upon CAZA deciding on Zoo to You’s application or October 31, 2018 whichever comes first, and • all other Exotic Animal Entertainment Event permit requirements be met. 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: C. Anne Greentree, Curry Clifford, MPA, CMO Municipal Clerk Interim CAO Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net Attachments: Attachment 1 - Exotic Animal Entertainment Event Permit Requirements The following is a list of the interested parties to be notified of Council's decision: Jennifer Deith, Zoo to You 62 Attachment 1 to Municipality of Clarington Report CLD-013-17 Excerpts of By-law 2012-045 relating to Exotic Animal Entertainment Events Section 34 to 36 of By-law 2012-045 details the Exotic Animal Entertainment Event Permit Requirement as follows: 34. No person shall operate or carry on an Exotic Animal Entertainment Event without a Permit. 35. A separate Permit shall be required for each location at which an Exotic Animal Entertainment Event occurs. 36. Every Permit application shall, (a) provide all of the information listed in Schedule “D”; (b) be accompanied by the fee prescribed for a Permit which is $50.00; (c) provide written proof, satisfactory to the Municipal Clerk, that the applicant is the owner of the property on which the Exotic Animal Entertainment Event is to occur or written permission from the owner of the property; and (d) include such other information as the Municipal Clerk may require to properly assess the application. An “event” is defined, in the by-law, as: “Exotic Animal Entertainment Event” means any exhibit, public show, circus, carnival or other display or act of entertainment or education using any live Exotic Animal and includes the use of any such animal in any film or television production within the Municipality.” Section 40 of the by-law states that “a Permit Holder shall comply with all conditions of a Permit.” Attachment 1 is Schedule “D” of By-law 2012-045 and lists the Exotic Animal Entertainment Event Permit Requirements. 63 Attachment 1 to Municipality of Clarington Report CLD-013-17 Schedule “D” of By-law 2012-045 Exotic Animal Entertainment Event Permit Requirements Information to be included in an Exotic Animal Entertainment Event Permit Application: 1. Date(s) of the Exotic Animal Entertainment Event provided that, where the event occurs on more than one date, the dates are consecutive and do not exceed 3 days 2. Location of the Event 3. Name, address and phone number of the applicant 4. Name, address and phone number of the registered owner of the premises, and written permission of the owner if different than the applicant 5. Times of commencement and termination of the Event 6. Expected attendance at the Event 7. An inventory of the Exotic Animals which will be used in the Event including, for each Exotic Animal, the following information: (a) species; (b) description; (c) age; (d) gender; (e) name; (f) weight in kilograms; and (g) a description of the performance or act in which the Exotic Animal is involved. 8. Event Plans including, (a) the location and particulars of the premises where the Event is taking place; (b) a description of the housing, cleaning procedures and general care of the exotic animals involved, which is appropriate to the species involved; (c) the distance between the Exotic Animal acts and the spectators and crowd control measures; (d) First aid logistics and medical equipment availability; and (e) Protocol for controlling and containing any Exotic Animal. 64 13.1 Support for Ban on Sale of Animals in Pet Shops (Referred to July 3, 2017 Council Meeting) Resolution #C-184-17 Moved by Councillor Neal, seconded by Councillor Hooper That Correspondence dated May 2, 2017, from Karen L. Ormerod, Executive Director, Humane Society of Durham Region, requesting support for a ban on sale of animals in pet shops be referred to the July 3, 2017, Council meeting. Carried 65 P: 905-665-7430 F: 905-665-9644 info@humanedurham.com 1505 Wentworth St. Whitby, ON L1N 0H9 stores cannot sell dogs or cats unless obtained from a municipal shelter, a humane society or registered rescue group. The bylaw also serves to reduce euthanasia by steering consumers to animals that have been health-checked and spayed/neutered. “It really slams the door closed on people who mass-produce animals for profit,” said Mr. De Baeremaeker. The Cities of Toronto, Mississauga, Vaughan, Kingston, Wellington, Waterloo, Oakville, Cambridge, Richmond Hill and Chatham-Kent have recently placed the same restrictions on the sale of pets from pet stores, and more Ontario municipalities, including Oshawa who have approved a ban in principle, are currently working on policy changes prior to ratification. The Humane Society of Durham Region wholeheartedly supports the ban of the sale of animals in pet stores, retail establishments, flea markets and online, unless they are from a municipal shelter, humane society or recognized community rescue organization.” By stopping the sale of pets in stores and through online agencies, it will both reduce the number of unaltered and potentially unhealthy animals entering the community and it will help the rescue organizations find homes for those animals already in shelters. It’s a win-win situation. Reputable pet stores, such as PetSmart and Pet Valu, have long recognized the problem and have opted to work with the community by bringing in rescued cats and dogs into their stores from local shelters and rescue organizations to help re-home them, instead of being a part of an otherwise harmful industry. Pet stores get their animals from two sources; commercial kennels or backyard breeders. These operations, which have been found in our region, are solely there for profit. The adult breeding animals are housed in unimaginable conditions - they are kept in pens or cages their entire lives, suffering from disease and parasites; many which are 100% transmittable to humans. The puppies coming from the operations are too often ill, leading to large medical bills for unsuspecting customers. The population of unwanted pets is at epidemic proportions. Currently there are hundreds and hundreds of dogs available for adoption in a one hour radius around Clarington on petfinder.com. The number of dogs entering Canadian shelters and rescue organizations each year is estimated at two million with one million being euthanized each year, through no fault of their own. Therefore, we urge the Town of Clarington to enact a resale ban and amend the bylaw to ban the sale of companion dogs, cats and rabbits in pet shops and any other retail outlets, unless they are sourced from a municipal shelter, the humane society, or a recognized community animal rescue organization. Sincerely, Karen L. Ormerod, MM, CFRE Executive Director Cc: Martin Field 66 Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: July 3, 2017 Report Number: CLD-015-17 Resolution: File Number: By-law Number: Report Subject: Appointment of Chief Administrative Officer Recommendations: 1.That Report CLD-015-17 be received; 2.That the By-law appointing Andrew Allison as the Chief Administrative Officer, Attachment 1 to Report CLD-015-17, be approved; and 3.That all interested parties be advised of Council’s decision. Municipality of Clarington Report CLD-015-17 Page 2 Report Overview On December 12, 2016 Council considered Report CAO-007-16, being the Interim Chief Administrative Officer’s recommended process for recruitment and hiring of a Chief Administrative Officer. At a Special Council Meeting on June 27, 2017, Council completed the recruitment interviews and resolved to hire Mr. Andrew Allison as the new CAO. This report includes the necessary appointment By-law. 1. Background 1.1 Section 229 of the Municipal Act, 2001, S.O. 2001 c.25 authorizes the municipality to appoint a chief administrative officer with the following responsibilities: a)Exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and b)Performing such other duties as are assigned by the municipality. 1.2 Curry Clifford was appointed as Interim Chief Administrative Officer by By-law 2016-074 on September 19, 2016. As CAO his duties and expectations were set out in By-law 98- 171, as amended by By-law 2016-073. 1.3 On December 12, 2016 Council considered Report CAO-007-16, Executive Recruiting Services for Recruitment of a Chief Administrative Officer and passed the following resolution #C-344-16 That Report CAO-007-16 be received; That staff be authorized to use the process as outlined in Report CAO- 007-16 and the Purchasing Manager be authorized to issue a limited invitation Request for Proposal to selected companies (i.e. 4 to 6 firms) with proven expertise in executive recruiting service and to submit proposals based on the scope of work as outlined in Attachment 1; That Ken Knox be appointed to the selection committee; and That the Interim Chief Administrative Officer, in accordance with Recommendation 2, report back to Council with a recommendation for an award of contract to an executive recruiting firm. That all Members of Council participate in the final interview process. 1.4 On June 27, 2017 Council interviewed the final candidates for the position of CAO. At the conclusion of Council’s deliberations of the candidate qualifications and suitability, Council passed the following resolution #CC-06-17: Municipality of Clarington Report CLD-015-17 Page 3 That Mayor Foster be directed to negotiate an employment contract with Andrew Allison for the position of Chief Administrative Officer for the Municipality of Clarington. 1.5 Andrew Allison has agreed to accept the offer of appointment of CAO, effective August 14, 2017, as per the conditions set out in the employment Agreement dated June 29, 2017. 2.Concurrence Not Applicable 3.Conclusion Based on the foregoing, it is respectfully recommended that Council approve the Draft By-law appointing Andrew Allison as the Chief Administrative Officer for the Municipality of Clarington. Municipality of Clarington Report CLD-015-17 Page 4 4. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Anne Greentree, Curry Clifford, Municipal Clerk Interim CAO Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net Attachments: Attachment 1 - By-law to appoint Mr. Andrew Allison as Chief Administrative Officer Attachment 2 – Employment Contract (circulated under separate cover) Attachment 3 – By-law 98-171, as amended The following is a list of the interested parties to be notified of Council's decision: Andrew Allison The Corporation of the Municipality of Clarington By-law 2017-064 Being a by-law to appoint Mr. Andrew Allison as the Chief Administrative Officer. Whereas the Municipality of Clarington’s previous Chief Administrative Officer retired and temporarily replaced by an Interim Chief Administrative Officer; and Whereas Section 229 of the Municipal Act, 2001, as amended, provides that a municipality may appoint a Chief Administrative Officer who shall be responsible for the general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and performing such other duties as are assigned by the municipality; and Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to appoint a Chief Administrative Officer; Now therefore the Council of the Municipality of Clarington enacts as follows: 1.That Mr. Andrew Allison be appointed as Chief Administrative Officer for the Municipality of Clarington, effective August 14, 2017. 2.That the duties and responsibilities of the Chief Administrative Officer be in accordance with By-law 98-171, as amended from time to time. 3.That the salary, benefits and conditions of service of Mr. Andrew Allison as Chief Administrative Officer be as set out in the Employment Agreement dated June 29, 2017. 4.That By-law 2016-074, appointing the Interim Chief Administrative Officer for the Municipality of Clarington, be repealed effective August 14, 2017. 5.This by-law shall come into force and effect on the day of passing. Passed in Open Council this 3rd day of July, 2017. _____________________________ Adrian Foster, Mayor _____________________________ C. Anne Greentree, Municipal Clerk Attachment #1 to Report CLD-015-17 r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98-171 Being a by-law to establish the position and to define and determine the duties and responsibilities of the Chief Administrative Officer and to repeal By-laws 85-23 and 88-145 WHEREAS it is deemed expedient and desirable to establish the position of Chief Administrative Officer and to define and determine the duties and responsibilities thereof: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1.THAT the position of Chief Administrative Officer is established. 2.THAT the Chief Administrative Officer is the head administrative official of the Municipality of Clarington and is accountable to Municipal Council for the effective administration of all Municipal Departments. Responsibility includes the overall planning, co-ordination and control of all Municipal operations in collaboration with the Administrative Branch of the Municipality's government, and in accordance with the objectives, policies and plans approved by Municipal Council. 3.Specific responsibilities may be delegated to staff members together with the necessary authority for their fulfillment but the overall responsibility for results may neither be delegated nor relinquished. 4.The Chief Administrative Officer will be specifically responsible to: a)Maintain total responsibility to the Municipal Council for the operations of the Corporation, while liasing closely with the Administrative Branch. b)Collaborate with Municipal Council and the Administrative Branch in the development and administration of the Municipality's objectives and major policies. C)Provide advice and expertise to Municipal Council on the Corporation's general policies. Inform Council on the condition of the Municipality's administrative affairs and factors that may affect them. d)Attend Council and Committee meetings with the right, with the consent of the Chair, to speak, but not to vote. e)Maintain communications with all levels of government, as necessary for the conduct of Municipal business. Provide resource information for members of Council in consultation with Department Heads, on relevant matters with the various levels of government. f)Act upon Council requests, resolutions and directives. g)Develop and recommend to Council, plans and programs for the attainment of organization objectives. h)Review drafts of all by-laws, staff reports, contracts and agreements and submit to Council and/or committee of Council his/her recommendations thereon. i) Review the performance of all contracts or agreements entered into by the Municipality and satisfy himself/herself that all conditions have been fulfilled in accordance with the provisions of such contracts or agreements and he/she may report therein to Council. j) Meet regularly with Department Heads for discussion of policy matters and for co-ordination of all departmental activities. k)Oversee and co-ordinate the execution of approved plans and programs. Attachment #3 to Report CLD-015-17 By-law 98-171 Page 2 1) Ensure that information about policies, organization, and procedures is prepared and promulgated. m) Co-ordinate, direct and supervise the Heads of Department, and through them, all other employees of the Corporation except those officials as are appointed under statute in respect to their statutory duties and responsibilities. n)Advise Council on the appointment, suspension, or dismissal of Department Heads. o)Appoint, suspend or dismiss for cause, other management and Non-Union employees. p)Appoint and employ all other employees of the Corporation in accordance with procedures laid down in collective bargaining agreements, and to dismiss or suspend such employees for cause, after consultation with the Department Head. q)Perform the duties of personnel administrator and co-ordinate and supervise, through the Committee or Council, the negotiation and settlement of the terms of the collective bargaining agreements between the municipality and its employees and generally supervise and administer such agreements and make recommendations to the Council or its committee with respect to the salaries, wages and working conditions of its employees, subject to normal grievance procedure. r)Recommend to Council any change in the position descriptions of Department Heads. S)Supervise and direct the preparation of the annual estimates of revenue and expenditures for the consideration of Council and the administration of the budget, subject to the approval of Council. t)Be involved in the on-going maintenance of a nuclear and non-nuclear emergency plan and play a leadership role in carrying out the plan in the event of an emergency. U)Prescribe the specific limitation of authority of subordinates regarding policies, contractual commitments, expenditures and personnel action. V)Provide for the continual improvement of the Municipality's management techniques and operating efficiency. w) Ensure that the Civic administration has and functions under an appropriate organization structure. X)Ensure that officials carry out statutory duties in a proper manner. Y)Handle inquiries and complaints that require the attention of the senior official. Z)Conduct such dealings with individuals or groups outside the Corporation as are necessary to carry out responsibilities, and promote the interests of the Municipality. aa) Develop, record and maintain a policy manual and distribute copies to Council Members and Department Heads. bb) Give thought and action to all phases of the maintenance of sound public relations as it pertains to the municipal staff, the general public and the taxpayer. cc) Generally and in addition to the foregoing, to perform the duties and exercise the powers which, from time to time, may lawfully be assigned to or vested in him/her by the Council. 5.THAT the said duties and responsibilities as set forth above shall not be deemed to empower the said Chief Administrative Officer to have, perform, do or direct any act of matter that would, to any extent whatsoever, encroach upon the statutory authority or legislative powers of the Council. 6.THAT Council is hereby authorized and empowered to appoint by by-law, such person as it may deem most suitable for the purpose of the carrying out of said duties and responsibilities. By-law 98-171 Page 3 7.THAT the Chief Administrative Officer shall not be dismissed from office except by the provisions of a by-law passed at a meeting by a majority vote of the members of Council at such meeting so called. 8.THAT By-law Nos. 85-23 and 88-145 are hereby repealed. By-law read a first and second time this 27th day of November 1998. By-law read a third time and finally passed this 27th day of November 1998. Mayor r Clerk i The Corporation of the Municipality of Clarington By-law 2016-073 Being a by-law to define and determine the duties and responsibilities of the Chief Administrative Officer Whereas Section 229 of the Municipal Act, 2009, as amended, provides that a municipality may appoint a chief administrative officer who shall be responsible for the general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and performing such other duties as are assigned by the municipality; and Whereas By-law 98171 was enacted by Council to establish and define and determine the duties and responsibilities of the Chief Administrative Officer for the Municipality of Clarington; and Whereas the Council of the Corporation of the Municipality of Clarington deems it appropriate to update the duties and responsibilities of Clarington's Chief Administrative Officer; Now therefore the Council of the Municipality of Clarington enacts as follows: That the following authority to be added: WHEREAS Section 229 of the Municipal Act, 2009, as amended, provides that a municipality may appoint a chief administrative officer who shall be responsible for the general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality; and performing such other duties as are assigned by the municipality; 2. That. Section 4. d) be deleted and replaced with: Attend, or appoint a suitable designate to attend, all Council meetings and Standing Committee meetings if required) with the right to speak, when recognized by the Mayor or presiding officer. That Section 4. o) be amended to delete "Appoint" and replace it with "Hire". 2. That Section 4. p) be amended to delete "Appoint and employ" and replace it with Hire and govern 3. Delete 4. x). Passed in Open Council this 19th day of September, 2016. Adrfan Fq!,fer Mayor Municipal Clerk Engineering 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: Council Date of Meeting: July 3, 2017 Report Number: EGD-016-17 Resolution: File Number: By-law Number: Report Subject: Rail Safety Improvement Program Agreement Recommendations: 1.That Report EGD-016-17 be received; 2.That the By-law attached to Report EGD-016-17 as Attachment 1 be approved; and 3.That all interested parties listed in Report EGD-016-17 and any delegations be advised of Council's decision by the Department. Page 2 Municipality of Clarington Report EGD-016-17 Report Overview In December, 2016 the Municipality of Clarington submitted an application to Transport Canada for funding under their Rail Safety Improvement Program (RSIP). Clarington has been approved for funding in the amount of up to $272,800. This report is to create a by-law now authorizing staff to execute the agreement with the Government of Canada. 1. Background The Rail Safety Improvement Program (RSIP) is a new program that replaces the previous Grade Crossing Improvement Program. In December, 2016 the Municipality of Clarington submitted two applications for funding under the RSIP which has now been approved. The submitted projects are for sight line improvements at the intersection of Baseline Rd. and McKnight Rd., and for geometric roadway improvements at the intersection of Scugog St. and Wellington St. Both of these projects are immediately adjacent to grade crossings with the CP railway. Both projects were also approved as part of the Municipality of Clarington’s 2017 capital budget. 2.Proposal This report is to create a by-law authorizing staff to execute the agreement with the Government of Canada. A by-law is required by Transport Canada in order to enter into an agreement. 3.Concurrence This report has been reviewed by the Director of Finance/Treasurer who concurs with the recommendations. 4.Conclusion It is respectfully recommended that the Mayor and Clerk be authorized to execute the funding agreement between the Government of Canada and the Municipality of Clarington and that the By-law, provided as Attachment 1 to Report EGD-016-17, be approved. Municipality of Clarington Report EGD-016-17 Page 3 5. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: Anthony Cannella, Curry Clifford, MPA, CMO Director of Engineering Services Interim CAO Staff Contact: Ron Albright, Assistant Director, Engineering Services, 905-623-3379, Ext. 2305 or ralbright@clarington.net AC/RA/sb/jb Attachments: Attachment 1 - By-law to Report EGD-016-17 The following is a list of the interested parties to be notified of Council’s decision: Adrianna Lovric, Program Analyst, Rail Safety Improvement Program, Transport Canada Jennifer Benedict, Manager Public Works – Eastern Region, Canadian Pacific Attachment 1 to Municipality of Clarington EGD-016-17 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2017- ____ Being a By-law to authorize the Corporation of the Municipality of Clarington to enter into the Rail Safety Improvement Program Agreement with the Government of Canada. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1.That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation seal, an agreement between the Government of Canada and the Corporation of the Municipality of Clarington. BY-LAW passed in open session this __ ___ th day of ________________ 2017. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Presentations and Handouts July 3, 2017 CLARINGTON’S TRANSPORTATION HUBS Presentation to Council A vision for Clarington’s two new transportation hubs in Courtice and Bowmanville that capitalizes on economic development potential and creates destinations where Clarington community members can live, play and work. OUTLINE 1.Project Overview & Background 2.Courtice Transportation Hub–What We Heard: Consultation Summary –Existing Conditions: Strengths, Weaknesses, Opportunities, Constraints –Transportation Hub Boundaries –Vision and Guiding Principles –Land Use Concepts & Evaluation Criteria 3.Bowmanville Transportation Hub–What We Heard: Consultation Summary –Existing Conditions: Strengths, Weaknesses, Opportunities, Constraints –Transportation Hub Boundaries –Vision and Guiding Principles –Land Use Concepts & Evaluation Criteria 4.Next Steps PROJECT OVERVIEW | Team PROJECT OVERVIEW | Study Purpose The GO Train Lakeshore East Line extension from Oshawa to Bowmanville will bring two new transportation hubs to Courtice and Bowmanville. Goals of the Clarington Transportation Hubs Study include: •Provide a vision and guiding principles for future development •Review market potential for each transportation hub •Develop a land use concept for the 500 to 800 metre area around each station •Propose a future development concept for the immediate area around the station (within a 250 metre radius) •Provide direction for the new South Courtice Employment Secondary Plan •Guide updates to the Bowmanville West Town Centre Secondary Plan. PROJECT OVERVIEW | Study Process BACKGROUND | Lakeshore East Extension Timeline: –Service is estimated to begin between 2023 and 2024 Proposed Frequency: –Four trains in the morning and four trains in the evening Stops: –Two new stops at Courtice and Bowmanville in Clarington –Two stops in Oshawa BACKGROUND | What is TOD? Traditional Station Parking:Transit Oriented Development: BACKGROUND | Provincial Studies 2011 Environmental Assessment Study: –CP negotiations underway –Pending EA Update 2017 Growth Plan: BACKGROUND | Municipal GO Line Extension Economic Impact Analysis: 2016 Transportation Master Plan: BACKGROUND | Municipal 2015-2018 Clarington Council Strategic Plan: 2016 Clarington Official Plan: Bowmanville West Town Centre Secondary Plan: BACKGROUND | Council’s Vision (OP) “Transportation Hubs shall provide for a mix of uses at higher densities, which are complementary in terms of scale, design and context and designed to support transit services.“-Official Plan, Section 10.8 Relevant Policies Include: –To promote high employment densities within proximity to Courtice Transportation Hub (11.2.6) –Minimum net density of 200 units per net hectare and 5+ storey height within the transportation hubs (Table 4-3) –Direct higher density development and economic activity around the Transportation Hubs (19.4.4(a)) BACKGROUND | Market Review Residential GO Station Areas Key Research Findings -Impact on Demand: •general weakness in high density residential markets outside of the City of Toronto •the frequency of service; •the nature of the surrounding land use pattern, often industrial; •the lack of a residential context or appealing investment environment for office development; and, •given the above, the need still to own a car for most daily needs. BACKGROUND | Market Review -Employment GO Station Areas Key Research Findings -Impact on Demand : •Access to workers:. Higher local and regional populations and densities increase the pool of potential employees and therefore positively impact the prospect of a location. •Transit:Regional transit (GO) and local transit (bus, LRT, subway) are often noted by office developers and tenants as key factors when selecting a location. •Accessibility and parking: Despite the importance placed on transit and walkability, many businesses will also place a very high importance on accessibility by automobile and the availability of parking. •Amenities and urban environment: Office developers and tenants often look for locations that are attractive, well-designed and s that offer a wide range of amenities and surrounding commercial uses. BACKGROUND | Market Review Key Takeaways: –Public investment in urban spaces, trails and other features can ultimately link employment uses in a high quality setting and attract a young, skilled and mobile labour force –Impact on commercial office and retail markets will be limited in the first 15 years –Potential for near term residential, retail and parking development to transition into higher density office and commercial uses –Develop parking lots within an urban block plan to facilitate future redevelopment Courtice: –Restrict employment uses that may discourage investment south of the Courtice GO station Bowmanville: –Initial developments will likely be 4-6 storey residential condominiums. COURTICE TRANSPORTATION HUB | Existing Land Use Courtice Official Plan Land Uses: –Regional Corridor bordering the station to the east –Mix of Employment types surrounding the station –Urban Residential designation north of the station area –Environmental Protection Areas framing the transportation hub COURTICE | What We Heard June 8 Consultation Feedback: –Promote multi-modal transportation options –Increase local amenities –Encourage vibrant, mixed-use, higher density design around the station –Create a complete and walkable community –Ensure the safety of cyclists and pedestrians –Plan for population growth –Preserve the existing natural features COURTICE | Existing Conditions COURTICE | Vision and Principles COURTICE | Study Area Boundary Special Policy Area D Future GO Station COURTICE | Evaluation Criteria BOWMANVILLE TRANSPORTATION HUB | Existing Land Use Bowmanville Official Plan Land Uses: –Urban Centre designation north/ northwest of the Station –Urban Residential uses south of the station with a few neighbourhood centres | Existing Land Use Bowmanville West Town Centre: –Street Related Commercial along Highway 2 and Clarington Blvd –Mix of Office Commercial, and Medium to High (mid-rise) Density Residential, with community facilities and neighbourhood parks interspersed south of Highway 2 –Mix of Community Facilities, General Commercial, Medium to High (low-rise) Density Residential, with more Street Related Commercial north of Highway 2 BOWMANVILLE | What We Heard June 13 Consultation Feedback: –Promote more accessible public transit –Increase green space –Increase local amenities –Promote safe active transportation –Enhance pedestrian access to downtown –Preserve the existing character of the neighbourhood –Address traffic concerns BOWMANVILLE | Existing Conditions BOWMANVILLE | Vision and Principles BOWMANVILLE | Study Area Boundary Future GO Station Brookhill Dr BOWMANVILLE | Evaluation Criteria NEXT STEPS –Draft and Review of land use concept –3D model of primary zone –Illustrative Report –Metrolinx Working Group Presentation –Report to Council -Fall 2017