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HomeMy WebLinkAboutPSD-039-06 cmrmgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10,2006 Report #: PSD-039-06 File #: PLN 34.1.1 By-law #: ~~ 006 -1) 7 9 o PfI- (h.3''[) b Subject: CLARINGTON HERITAGE COMMITTEE (LACAC) GOVERNING BY-LAW AND TERMS OF REFERENCE RECOMMENDA TIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-06 be received; 2. THAT the Local Architectural Conservation Advisory Committee (LACAC) be renamed the Clarington Heritage Committee; 3. THAT the governing by-law for the Clarington Heritage Committee attached to this report be ADOPTED; 4. THAT the Terms of Reference attached to this report be APPROVED; and 5. THAT the Clarington Heritage Committee (LACAC) be advised of Council's decision. Submitted by: a i J. Crome, M.C.I.P., R.P.P. Director of Planning Services O~~~ Reviewed by: - Franklin Wu, Chief Administrative Officer ILlFLlDJC/df 4 April 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-039-06 PAGE 2 1.0 BACKGROUND In 1977 the Council of the former Town of Newcastle appointed its first Local Architectural Conservation Advisory Committee (LACAC). By-law 77-6 indicated that it was a by-law to establish the LACAC "to advise Council and assist the Council on all matters relating to Parts IV and V of The Ontario Heritage Act" (Attachment 1). Part IV of the Act refers to the designation of individual heritage buildings of historic or architectural value and Part V refers to the designation of heritage districts. The LACAC term runs concurrent with the term of Council. Every by-law appointing the Committee contained the same wording from 1977 until 1999. In 1998 the LACAC determined that the mandate of the Committee should be specifically detailed in a governing by-law approved by Council. Staff reviewed the practices of other municipalities, many of which did have separate governing by-laws. A draft by-law was prepared and forwarded to the Ministry of Culture for review. The Ministry confirmed that the by-law was in conformity with the Ontario Heritage Act. The governing by-law was recommended by the LACAC and approved by Council through Report PD-4-99 as By-law 99-1 (Attachment 2). 2.0 ONTARIO HERITAGE ACT CHANGES On November 26th, 2002, the wording of the Ontario Heritage Act was amended with the passage of the Government Efficiency Act. The amendments included changing the title LACAC to municipal heritage committee, and changing the reference to buildings of historic or architectural value to "property of cultural heritage value or interest". Section 28 was also amended to expand the Committee's role from providing advice and assistance on Part IV and V to "such other matters as the Council may specify by by- law". The amendment allows the heritage committee to advise Council on cultural heritage matters beyond the designation of buildings and districts as determined by Council. On April 28, 2005, the Ontario Heritage Amendment Act received Royal Assent and significant amendments were made to the original Act. The details of the changes were presented to Council through information Report PSD-063-05. The Province made a commitment through these changes to provide municipalities with criteria and guidelines to assist with the implementation of the revised Act's requirements. 3.0 CHANGES TO THE GOVERNING BY-LAW The Government Efficiency Act and the Ontario Heritage Amendment Act have prompted the LACAC to review their 1999 governing by-law. The Committee recommended the following changes: REPORT NO.: PSD-039-06 PAGE 3 3.1 The reference to LACAC in By-law 99-1 be changed to Clarington Heritage Committee. Staff comment The Government Efficiency Act did not require that the LACAC change their name. The change from LACAC to municipal heritage committee was intended to reference the committee's new role in providing Council with advice on matters other than the preservation of buildings. Many municipal committees have retained the title LACAC for their heritage groups. The Clarington LACAC have reviewed the possibility of a name change but have not determined a new name for the Committee to date. They have suggested that Clarington Heritage Committee be used through out the by-law instead of municipal heritage committee as it identifies the municipality. Staff recommend that the Committee formally be renamed as the Clarington Heritage Committee. 3.2 Deletion of the objective "To establish criteria for the evaluation of properties of architectural and/or historic value or interest". Staff comment The province has released its first set of criteria to assist with the implementation of the amended Ontario Heritage Act. Ontario Regulation O.Reg 9/06 came into effect on January 25th, 2006. The province has developed this regulation as the "criteria for determining cultural heritage value or interest". These criteria will replace the criteria currently used by the Committee. 3.3 The reference to built heritage resources be changed to properties of cultural heritage value or interest, and cultural heritage landscapes. 3.4 LACAC suggested two additional duties be added, the first being to represent cultural heritage issues on various municipal committees as requested, and the second being to conduct a fair and equitable analysis of all matters relating to cultural heritage conservation prior to making a recommendation to Council. 3.5 LACAC recommended that a provision for education of the Committee members be added. 3.6 The commitment for making a yearly report to Council be changed to a periodic report. Staff comment The additional changes (items 3.3 to 3.6) are recommended by the LACAC and are considered to be housekeeping. 3.7 The revised by-law was reviewed by the Ministry of Culture and the Ministry suggested that the by-law be expanded to include such details as the Committee's reporting relationship to Council, the level of staff support to be provided, and Council representation on the Committee. It is staff's opinion that this level of detail is best outlined in a Terms of Reference for the Committee. To this effect, staff prepared a REPORT NO.: PSD-039-06 PAGE 4 Terms of Reference specific to the Clarington Heritage Committee based on the Council adopted Protocol for Committees of Council, approved by resolution number GPA-008- 04 on January 19th, 2004, and other Council appointed committees' terms of references. The changes to By-law 99-1 which were recommended by the LACAC have all been incorporated into the new Terms of Reference. The LACAC reviewed the Terms of Reference during their meeting of March 21St, 2006, and are in support of its adoption. 3.8 The new Governing By-law will only outline the responsibilities of the Clarington Heritage Committee and make reference to the Terms of Reference as approved and amended by Council from time to time. 4.0 CONCLUSION Staff are recommending that the LACAC be renamed the Clarington Heritage Committee. Staff are satisfied that the Governing By-law and the Terms of Reference meets the provisions of the Ontario Heritage Act. The Terms of Reference may be amended by Council from time to time without amending the Governing By-law. Staff recommend that the by-law be approved by Council as the Governing By-law for the Clarington Heritage Committee, that By-law 99-1 be repealed, and that Council approve the Terms of Reference. Attachments: Attachment 1 - By-law 77-6 Attachment 2 - By-law 99-1 Attachment 3 - 2006 Governing By-law Attachment 4 - Terms of Reference Interested parties to be notified of Council's decision: LACAC members Attachment 1 To Report PSD-039-06 (1::i"::AL.:D 3Y !:HAWt~r)- CO""8 ......... THE CORPORATION OF THE Tmm OF NEWCASTLE BY-LAW NO. 77-6 being a by-law to establish the Local Architectural Conservation Advisory Committee for the Town of Newcastle WHEREAS Section 28 of The Ontario Heritage Act, 1974 provides that the Council of a Municipality may, by by-law, establish a local advisory committee to be known as the Local Architectural Conservation Advisory Committee composed of not fewer than five members appointed by the Council to advise Council and assist the Council on all matters relating to Parts IV and V of The Ontario Heritage Act, 197<'; THEREFORE the Council of the Corpor~tion of the Town of Newcastle enacts as follows: 1. That the Local Architectural Conservation Advisory Committee 1s hereby established and the following persons are hereby appointed to the Local Architectural Conservation Advisory Committee and shall continue in office for a term as indicated: Term Ending Marie Hubbard Jack Gordon W. Bill Bagnell Helen Schmid Forrest Dilling Patricia Reid Pat HacKay Mayor G. B. Rickard Councillor R. Bruce Taylor December 31, 1979 December 31, 1979 December 31, 1978 December 31, 1978 December 31, 1978 December 31, 1977 December 31, 1977 December 31, 1978 December 31, 1978 2. That the duties and procedures for the Local Architectural Conservation Committee shall be in accordance with The Ontario Heritage Act, , n,l. ~~/"'1'. 3. This by-law shall come into force and take effect on its passing. REfill A FIRST AND SECOND TH1E this 7th day of February 1977 READ A THIRD TIME AND FINALLY PASSED this 7th day of February 1977. J. M. Clerk R1ckar~.f~ II t~( _ t '- MCI1rOY/~ ~ ~~. -~ G. B. Mayor SEJ\.L Attachment 2 To Report PSD-039-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99-1 being a By-law to govern the Local Architectural Conservation Advisory Committee and provide for the appointment of members thereto WHEREAS Part IV, Section 28 of the Ontario Heritage Act (R.S.O., 1990, Chapter 0.18) states that the Council of a Municipaiity may, by By-law, establish a Local Advisory Committee to be known as the Local Architectural Conservation Advisory Committee (LACAC) composed of not fewer than five members appointed by Council to advise and assist Council on all matters related to Parts IV and V of the Ontario Heritage Act (R.S.O., 1990 Chapter 0.18); AND WHEREAS the Council of the Corporation of the Municipality of Clarington deemed it advisable to establish such a Committee and has provided for the appointment of members thereto since 1977; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to clarify the mandate of such a Committee; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The LACAC shall consist of a minimum of five members. No maximum number of members shall be set. Members shall be appointed by Council for a term concurrent with the term of the appointing Council or until a successor is appointed. 2. The Council may, by by-law, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the LACAC. 3. The LACAC shall, at the first meeting following their appointment, elect officers from the appointed Committee members. 4. The Council through the Municipal Treasurer shall establish separate records on behalf of the Committee. . - 2 - 5. The responsibilities of the LACAC shall be as follows: · to establish criteria for the evaluation of properties of architectural and/or historic value or interest; · to prepare, evaluate, update and maintain a list of built heritage resources; · to advise Council on all matters related relating to Part IV and V of the Ontario Heritage Act; · to advise and assist the Municipality on matters relating to built heritage resources and cultural heritage landscapes; ,. to implement programs and activities, as decided by the Committee, which would increase public awareness and education of heritage conservation issues; · to utilize funds budgeted by Council and generated through fund raising activities to conserve the Municipality's heritage, increase public awareness and education, conduct research and provide for the general administration of the Committee; · to prepare a yearly report to advise Council of the Committees' activities; and · to meet monthly for a minimum of eight times per year. BY-LAW read a first and second time this 11th day of January 1999. BY-LAW read a third time and finally passed this 11th day of January 1999. , <<(~/~ MYO .- ~ Attachment 3 To Report PSD-039-06 I HE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a by-law to govern the Clarington Heritage Committee (LACAC) and provide for the appointment of members thereto WHEREAS Part Iv Section 28.(1) of the Ontario Heritage Act (R.S.O. 1990, Chapter 0.18) states that the council of a n!unicipality may by by-law establish a municipal heritage committee to advise and assist the council un all matters relating to this Part, matters relating to Part V and such other heritage matters as the coullcil may specify by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deemed it advisable to establish such a Committee and had provided for the appointment of members thereto since 1977; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to clarify the mandate of such a Committee; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The responsibilities of the Clarington Heritage Committee shall be as follows: To prepare. evaluate, update and maintain a list of properties of cultural heritage value or interest. and a list of cultural heritage landscapes; To advise and assist Council on all matters relating to Part IV and Part V of the Ontario Heritage Act, on all matters relating to properties of cultural heritage value or interest, and on all matters relating to cultural heritage landscapes; To represent cultural heritage issues on various municipal committees as requested; To conduct a fair and equitable analysis of all matters relating to cultural heritage conservation prior to making a recommendation to Council; To implement programs and activities, as decided by the Committee, which would increase public awareness and education of cultural heritage conservation issues, and promote community involvement; To utilize fUllds budgeted by Council and generated through fund raising activities to conserve the Municipality's cultural heritage, increase public awareness and education, conduct research, and provide for the general education and administration of the Committee; and To prepare a periodic report to Council to advise Council of the Committee activities. 2. THAT Coullcil approve a Terms of Reference for the Clarington Heritage Committee which may be amended from time to time by Council resolution. 3. THAT By-law 99-1 is hereby REPEALED. BY-LAW read a first time this 18th day of April 2006 BY-LAW read a second time this 18th day of April 2006 BY-LAW read a thll'd time and finally passed this 18th day of April 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment 4 To Report PSD-039-06 CLARINGTON HERITAGE COMMITTEE TERMS OF REFERENCE Approved by Council April 18, 2006 1.0 GOAL 1.1 To assist the Municipality of Clarington in its efforts to identify, review, discuss and make recommendations to Council on properties and issues of cultural heritage value or interest. 2.0 MANDATE 2.1 The Clarington Heritage Committee is a volunteer advisory committee established by the Municipality of Clarington Council in accordance with the provisions of the Ontario Heritage Act. Committee members are ultimately responsible to the Municipality of Clarington Council and are bound by the by-law appointing the Committee and these Terms of Reference. 3.0 RESPONSIBILITIES OF THE COMMITTEE 3.1 To prepare, evaluate, update and maintain a list of properties of cultural heritage value or interest, and a list of cultural heritage landscapes 3.2 To advise and assist Council on all matters relating to Part IV and Part V of the Ontario Heritage Act, on all matters relating to properties of cultural heritage value or interest, and on all matters relating to cultural heritage landscapes 3.3 To represent cultural heritage issues on various municipal committees as req uested 3.4 To conduct a fair and equitable analysis of all matters relating to cultural heritage conservation prior to making a recommendation to Council 3.5 To implement programs and activities, as decided by the Committee, which would increase public awareness and education of cultural heritage conservation issues, and promote community involvement 3.6 To utilize funds budgeted by Council and generated through fund raising activities to conserve the Municipality's cultural heritage, increase public awareness and education, conduct research, and provide for the general education and administration of the Committee 3.7 To prepare a periodic report to Council to advise Council of the Committee activities 4.0 COMMITTEE COMPOSITION AND OBLIGATIONS 4.1 The Clarington Heritage Committee shall consist of a minimum of five (5) voluntary members who are appointed by Council for the term of Council. The Council may, by resolution, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the Committee. The maximum number of members is set at twelve (12). 4.2 The Committee is to consist of members that possess the expertise, experience and willingness to devote the necessary time to the Committee. The Municipality will seek to obtain the following as members: . A municipal Council liaison . A representative from the Newcastle Village and District Historical Society . A representative from the Clarington Museum and Archives; if staff, an ex- officio member . An architectural historian . A building and design specialist . Area residents from each of the municipal wards that are experienced in heritage conservation matters 4.3 Openings for membership shall be publicly advertised. All residents and any nominated representative of an organization involved in cultural heritage issues are invited to apply. Applicants will submit the required application form to the Municipality of Clarington Clerks Department. Applicants shall possess knowledge of cultural heritage issues within Clarington. Applicants may also possess relevant heritage conservation experience, technical training in a heritage planning field, and/or current involvement in cultural heritage community activities. 4.4 The Committee shall, at the first meeting following their appointment, elect officers from the appointed members. A Chair, a Vice-chair, and a Treasurer shall be appointed by the Committee. 4.5 A recording secretary shall be provided by the Municipality. Duties of the recording secretary shall include the taking of meeting minutes and providing these minutes to the Clerk for Council's information. 4.6 The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. 4.7 The Vice-Chair shall assume the position and responsibilities of the Chair if the Chair is temporarily absent. If the position of the Chair becomes vacant the Vice- Chair shall assume the responsibilities until a chair is elected. If the position of Vice-Chair becomes vacant, the Chair may appoint a member of the Committee until a new Vice-Chair is elected. 4.8 A majority of the membership shall constitute a quorum. In the event that a quorum is not achieved the meeting may proceed but members shall not vote or make decisions. 4.9 The Chair or a spokesperson appointed by the Committee may speak on behalf of the Committee to Council, the media, or the public. Other members shall not act or speak on behalf of the Committee without the prior approval of the Committee. 4.10 The Committee or its members shall not issue petitions, resolutions or position papers on behalf of the Committee unless specifically authorized by Council resolution. 4.11 The Committee members shall not act outside of the mandate and advisory capacity of the Committee. Should the Committee wish to comment on an issue that is within the mandate of another committee of council the Chair shall consult with the staff liaison and the chair of the other committee. 4.12 The Committee shall have the right to censure members that, in the Committee's opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee. 4.13 Members who wish to resign shall notify the Chair in writing of their decision. The Chair shall notify the Municipal Clerk in writing of the resignation. 5.0 MEETINGS, REPORTING AND MUNICIPAL SUPPORT 5.1 The Clarington Heritage Committee shall determine the location and frequency of meetings. Committee members, if absent for three consecutive meetings without providing regrets, will be considered to have lost interest in the Committee. The Clerk of the Municipality of Clarington shall be informed and the Committee member will be notified by the Clerk that they have been removed from the membership. A new member may be appointed by Council. 5.2 The Committee, by resolution or through its Chair, may invite any individual, interest group, agency or staff to appear at a meeting as a delegation or to submit or present information that will assist the Committee in carrying out its mandate. 5.3 All Committee meetings are open to the public. Members of the public are not permitted to participate in Committee discussions but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation must so advise the staff liaison a minimum of five working days before the meeting. 5.4 The Chair may eject any member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. 5.5 Minutes of the Committee shall be submitted by the recording secretary to the Municipal Clerk for inclusion in the Council agenda for information. The minutes of the Committee meetings shall generally not attribute comments to the specific member of the Committee. 5.6 Recommendations and decisions reached by the Committee shall be based on consensus, whenever possible. In the event that a consensus cannot be reached the Chair may call for a formal vote by a show of hands. Decisions shall be carried by a simple majority of the voting members present. Each member of the Committee has a vote. 5.7 Recommendations from the Committee shall be submitted to the Municipal Clerk for inclusion in Council agenda for direction. 5.8 The Planning Services Department shall provide clerical, administrative and technical assistance to the Committee as deemed appropriate by the Department's Director. 5.9 The Council through the Municipal Treasurer shall establish separate records on behalf of the Committee. 5.10 The Council representative shall be the liaison person between the Committee and Municipal staff. 5.11 To meet monthly for a minimum of eight times per year.