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Home My WebLink About07-03-2018Final ciffiW4017 Council Agenda Date: July 3, 2018 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(o)_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 aaL7Qg[OIl 1 Call to Order 2 Moment of Reflection 3 Declaration of Interest 4 Announcements Council Agenda Date: July 3, 2018 Time: 7:00 PM Place: Council Chambers 5 Adoption of Minutes of Previous Meeting(s) 5.1 Council Minutes Minutes of a regular meeting of Council June 11, 2018 Page 7 6 Presentations There are no Presentation scheduled for this meeting as of the time of publication. 7 Delegations Andrew Clowes Regarding Report EGD -014-18, Traffic Concerns - Old Scugog Road between Concession Road 4 and Regional Road 57 (Agenda Item 13.3) 8 Communications — Receive for Information 8.1 Town of Tammy Fowkes - Deputy Clerk, Town of Amherstburg - Page 21 Amherstburg Cannabis Grace Period Request 8.2 Integrity Integrity Commissioner Annual Report Commissioner 9 Communications — Direction 9.1 John A. Roznik John A. Roznik — Request to Extend the Use of Page 23 Temporary Living Quarters at 1093 Gifford Road, Clarke (Motion to approve the six month extension for the use of temporary living quarters at 1093 Gifford Road, subject to signing a further Letter of Undertaking) Page 2 • Garington Council Agenda Date: July 3, 2018 Time: 7:00 PM Place: Council Chambers 9.2 Michelle Roth Michelle Roth — Request to Extend the Use of Temporary Page 26 Living Quarters at 9209 Grasshopper Park Road (Motion to approve the six month extension for the use of temporary living quarters at 9209 Grasshopper Park Road subject to signing a further Letter of Undertaking) 9.3 James Alexandre James Alexandre — Request Regarding Backyard Page 29 Chickens (Motion for Direction) 9.4 Association of Association of Municipalities of Ontario - AMO Stands Page 30 Municipalities of with Canada and Ontario on NAFTA Ontario (Motion to Endorse) 9.5 Andrew Clowes Andrew Clowes - Regarding Report EGD -014-18, Traffic Page 32 Concerns - Old Scugog Road between Concession Road 4 and Regional Road 57 (Agenda Item 13.3) (Motion to Refer to the Consideration of Report EGD -014-18, Traffic Concerns - Old Scugog Road Between Concession Road 4 and Regional Road 57) Page 3 Council Agenda Date: July 3, 2018 Time: 7:00 PM Place: Council Chambers 9.7 Rudy W. Rudy W. Kraayvanger, President, "Kraco" Carpentry and Kraayvanger, Contracting, Regarding Rainbow Crosswalks in President, Clarington (Item 3 of General Government Committee "Kraco" Agenda) Carpentry and (Motion to Refer to staff for the Contracting Consideration in their report to the General Government Committee meeting of September 4, 2018) 9.8 Blackbird Gabriel Medel-Carratala, Design -Build Director Blackbird Constructors Constructors 407 General Partnership — Highway 407 407GP East Phase 2 Noise By-law Exemption Request (Motion to approve an exemption to the Municipality's Noise By-law 2007-071 for work along the future Highway 418 from Nash Road to approximately 300 metres south of Highway 2 from July 9, 2018 to December 31, 2018) 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Accessibility Advisory Committee Minutes 10.1.2 Agricultural Advisory Committee Minutes 10.1.3 Heritage Committee Minutes Minutes of the Accessibility Advisory Committee dated Page 33 May 3, 2018 Minutes of the Agricultural Advisory Committee dated Page 37 June 14, 2018 Minutes of the Clarington Heritage Committee dated Page 40 June 19, 2018 Page 4 a Ir Council Agenda Date: July 3, 2018 Time: 7:00 PM Place: Council Chambers 10.2 General General Government Committee Report of June 18, 2018 Page 44 Government Committee 10.3 Planning & Planning and Development Committee Report of Page 52 Development June 25, 2018 Committee 11 Staff Reports 11.1 CLD -018-18 2018-2022 Council/Committee Meeting Schedule Page 59 11.2 EGD -013-18 Tooley Road Sidewalk, West Side from Nash Road to Page 67 275 meters North 11.3 EGD -014-18 Traffic Concerns - Old Scugog Road between Page 74 Concession Road 4 and Regional Road 57 11.4 CAO -009-18 Clarington Task Force on Affordable Housing 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 CAO -008-18 Delegation of Authority [Referred from the June 18, 2018 Confidential General Government Committee Meeting] Report 13.2 Memo from Faye Communication Item 10.3 - Dave Collins, Regarding a Page 77 Langmaid street being named after Irma Wreggitt [Referred from the June 25, 2018 Planning and Development Committee Meeting] Page 5 Garington Council Agenda Date: July 3, 2018 Time: 7:00 PM Place: Council Chambers 14 By-laws 14.1 2018-062 Being a By-law to amend the Election Sign By-law 2016-004 (Item 14 of the General Government Committee Report) 14.2 2018-063 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 8 of the Planning and Development Committee Report) 14.3 2018-064 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 9 of the Planning and Development Committee Report) 14.4 2018-065 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 10 of the Planning and Development Committee Report) 15 Procedural Notices of Motion 16 Other Business 16.1 Phase 2 — Soper Councillor Traill intends to seek Council's endorsement to Page 79 Creek Trail suspend the rules to introduce a Motion regarding Phase 2 of the Soper Creek Trail. Further to that matter, Council may consider suspending the rules of procedure add the following related items: Delegations regarding Phase 2 of the Soper Creek Trail: x Dennis x Jim Boate x Robert Grovum x Alana Williamson x Michael Black x JC Dougan x Phil Williamson Council Agenda Date: July 3, 2018 Time: 7:00 PM Place: Council Chambers Correspondence regarding Phase 2 of the Soper Creek Page 80 Trail: x Debra Alldread x Dennis Roberts x JC Dougan x Abbie Wright x Shelley Thomas x Anne Black x Krista Witherspoon x Michael Black x Alana Williamson x Terry Snooks x Brent Fletcher x Dennis Roberts 17 Confirming By -Law 18 Adjournment Page 7 Clar-ington- Council Minutes June 11, 2018 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of a regular meeting of Council held on June 11, 2018, 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: A. Allison, R. Albright, J. Caruana, D. Crome, F. Horvath, N. Taylor, G. Weir, L. Wheller, M. Chambers 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Woo led the meeting in a moment of reflection. 3 Declaration of Interest There were no disclosures of interest stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-190-18 Moved by Councillor Traill, seconded by Councillor Woo That the minutes of the regular meeting of the Council held on May 22, 2018, be approved. Carried - 1 - Clarington Council Minutes June 11, 2018 6 Presentations 6.1 Susan Sheen — 2018 Senior of the Year Award Mayor Foster presented the 2018 "Senior of the Year" Award to Susan Sheen. Mayor Foster recognized the accomplishments of Ms. Sheen and thanked her for her service to the Community. 6.2 2018 Awards of Academic Excellence Mayor Foster welcomed students, parents and the public to the presentation of the 17tn 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 Kyla Hammers, from Bowmanville High School, Annie Mills, from Dr. G.J. MacGillivray Public School and Keira Prashad, from Holy Family Elementary School who could not be present due to conflicting schedules and who will receive their awards during their graduation ceremony. Mayor Foster recognized the following elementary students and presented them with a personal framed certificate: Ethan Sherlock, Charles Bowman Public School Danielle Rabjohn, Courtice Intermediate School Katie Ball, Courtice North Public School Dakshika Veerakumar, Dr. Emily Stowe Public School Kayla Johnson, Dr. Ross Tilley Public School Natalie Burgess, Duke of Cambridge Public School Sydney Allison, Good Shepherd Elementary School Madison Fairchild, Harold Longworth Public School Abbey Wing, John M. James Public School Amanda Shave, Knox Christian School Sarah Reimer, Lydia Trull Public School Emma Stephenson, M.J. Hobbs Senior Public School Gracie Sangster, Monsignor Leo Cleary Elementary School Simon Gavas, St. Elizabeth Elementary School Anneke Bouma, St. Francis of Assisi Elementary School Christopher Sobil, St. Joseph's Elementary School -2- 0 Clartw � Council Minutes June 11, 2018 Emilia Arizaj, St. Mother Teresa Elementary School Lana Collins, S.T. Worden Public School Adam Likogiannis, The Pines Senior Public School Lui Sidloski, Vincent Massey School Abbygail Bayford, Waverley Public School Mayor Foster recognized the following secondary students and presented them with a personal framed certificate and bursary: Emma Harris, Clarington Central Secondary School Vincent Hendrikx, Clarke High School Abby Gowland, Courtice Secondary School Elaine Manoj, Durham Christian High School Emily MacLean, Holy Trinity Secondary School Jacquie Girard, St. Stephens Secondary School Recess Resolution #C-191-18 Moved by Councillor Partner, seconded by Councillor Traill That Council recess for five minutes. Carried The meeting reconvened at 7:37 PM. 7 Delegations 7.1 Michael Fry, D.G. Biddle & Associates, regarding Report PSD -051-18, Amendment of Heritage Designating By-law - The Belmont (Item 9 of the Planning and Development Committee Report) Michael Fry, D.G. Biddle & Associates, was present regarding Report PSD -051-18, Amendment of Heritage Designating By-law - The Belmont (Item 9 of the Planning and Development Committee Report). Mr. Fry noted he provided the Heritage Impact Assessment and previously approved Neighbourhood Design Plan. He explained that the re -designation By-law states there is a need for a visual connection between the Belmont house and the Newcastle Fish Hatchery. Mr. Fry explained that this is not indicated in the Heritage Impact Assessment which was reviewed by both the Clarington Heritage Committee and Staff. Mr. Fry answered questions from the Members of Council. -3- E Clarington Council Minutes June 11, 2018 8 Communications — Receive for Information There were no Communications to be received for information. 9 Communications — Direction 9.1 Michael Fry, D.G. Biddle & Associates Limited, regarding Report PSD -051-18, Amendment of Heritage Designating By-law - The Belmont (Item 9 of the Planning and Development Committee Report) Resolution #C-192-18 Moved by Councillor Woo, seconded by Councillor Traill That Correspondence Item 9.1 from Michael Fry, D.G. Biddle & Associates Limited, regarding Report PSD -051-18, Amendment of Heritage Designating By-law - The Belmont, be referred to the consideration of Item 9 of the Planning and Development Committee Report. Carried 9.2 Bob Malone, Immediate Past President and Director and Myno Van Dyke, Vice -President and Director, Newcastle Village and District Historical Society, regarding Report PSD -051-18, Amendment of Heritage Designating By-law - The Belmont (Item 9 of the Planning and Development Committee Report) Resolution #C-193-18 Moved by Councillor Woo, seconded by Councillor Traill That Correspondence Item 9.2 from Bob Malone and Myno Van Dyke of the Newcastle Village and District Historical Society regarding Report PSD -051-18, Amendment of Heritage Designating By-law - The Belmont, be referred to the consideration of Item 9 of the Planning and Development Committee Report. Carried 10 Clar-ington- Council Minutes June 11, 2018 9.3 Kevin Liu, Vice President, Canada China Industry Promotion Association — Regarding a request to represent Clarington at the "Cool City International Forum & Summit for Cooperation Between Silk Road Cities", China - City of Xining Resolution #C-194-18 Moved by Councillor Woo, seconded by Councillor Neal That Correspondence Item 9.3 from Kevin Liu, Vice President, Canada China Industry Promotion Association — Regarding a request to represent Clarington at the "Cool City International Forum & Summit for Cooperation Between Silk Road Cities", China - City of Xiningbe, be received for information. Carried 10 Committee Reports 10.1.1 Heritage Committee Minutes 10.1.2 Agricultural Advisory Committee Minutes 10.1.3 Museum Minutes Resolution #C-195-18 Minutes of the Clarington Heritage Committee dated May 15, 2018 Minutes of the Agricultural Advisory Committee dated May 10, 2018 Minutes of the Clarington Museum and Archives Board dated May 23, 2018 Moved by Councillor Cooke , seconded by Councillor Hooper That Advisory Committee Report Items 10.1.1 to 10. 1.3 be approved exception of Items #10.1.2 and 10.1.3. Carried Resolution #C-196-18 Moved by Councillor Woo, seconded by Councillor Neal That the minutes of the Agricultural Advisory Committee dated May 10, 2018, be received for information. Carried -5- 11 Clarington Council Minutes June 11, 2018 Resolution #C-197-18 Moved by Councillor Partner, seconded by Councillor Cooke That the minutes of the Clarington Museum and Archives Board dated May 23, 2018, be received for information. Carried 10.2 General Government Committee Report of May 28, 2018 Resolution #C-198-18 Moved by Councillor Partner, seconded by Councillor Traill That the recommendations contained in the General Government Committee Report of May 28, 2018, be approved, on consent, with the exception of items #3, #4, #12, #13, and #16. Carried Item — 3 - Veridian and Whitby Hydro Merger Resolution #C-199-18 Moved by Councillor Cooke, seconded by Councillor Woo That Report CAO -005-18 be received; and That Council pass the by-law attached to Report CAO -005-18 (Attachment 1) in order to approve the proposed amalgamations between (1) Veridian Corporation and Whitby Hydro Energy Corporation, and (2) Veridian Connections Inc. and Whitby Hydro Electric Corporation. Carried Later in the Meeting See following Motions M 12 Clarington Closed Session Resolution #C-200-18 Moved by Councillor Neal, seconded by Councillor Cooke Council Minutes June 11, 2018 That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing the a matter that deals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere with the contractual or other negotiations of a person, group of persons, or organization. Carried Rise and Report The meeting resumed in open session at 8:19 PM. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Michael Angemeer, President & CEO, Veridian Corporation, Ron Clark, Partner, Aird & Berlis, and Troy MacDonald, Partner, Grant Thornton LLP, answered questions from Members of Council regarding the potential merger. The foregoing Resolution #C-199-18 was then carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Cooke X Councillor Hooper X Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Mayor Foster X -7- 13 Clar-in o n Council Minutes June 11, 2018 Item 4 - J. W. Tiernay, Executive Director, Ontario Good Roads Association — Preferred Autonomous Vehicles Test Corridor Resolution #C-201-18 Moved by Councillor Partner, seconded by Councillor Traill That, arising out of the correspondence from J.W. Tiernay, Executive Director, Ontario Good Roads Association (OGRA), the Municipality of Clarington participate in OGRA's Autonomous Vehicle initiative and that this matter be referred to staff to develop a list of preferred routes within the Municipality. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Mayor Foster X Item 12 - Supply and Deliver Tanker Truck(s) Resolution #C-202-18 Moved by Councillor Woo, seconded by Councillor Hooper That Report COD -020-18 be received; That Dependable Truck and Tank Ltd. with a bid in the amount of $282,812.83 (Net of HST), being the low, compliant bidder meeting all terms, conditions and specifications of CL2018-18 for the Supply and Delivery of a Tanker Truck be awarded the contract for an initial one year term for the tanker budgeted in 2018; That the Purchasing Manager be given the authority to proceed with the purchase of a replacement tanker truck through either a) or b) below for the tanker budgeted in 2016: a) Purchase the seized tanker through the current auction process provided the price is reasonably close to the original price approved through internal Report PS -019-16. OR, if the auction price is unacceptable: 14 Clar-in on Council gtMinutes June 11, 2018 b) Purchase a second tanker truck from Dependable Truck and Tank Ltd. provided the price is the approximate price of the current bid price as noted in Recommendation #2. That funds required for the 2018 tanker in the amount of $282,812.83 (Net of HST) be drawn from the following account: Emerg. Serv. Fire Fleet (2018) 110-28-388-82824-7401 $282,812.83 That funds required for the 2016 tanker be drawn from the following account: Emerg. Serv. Fire Fleet (2016) 110-28-388-82824-7401 $236,897.28 That all interested parties listed in Report COD-020-18 and any delegations be advised by the Corporate Services Department of Council's decision regarding the award. Carried Item 13 - Supply and Deliver a Pumper Truck Resolution #C-203-18 Moved by Councillor Woo, seconded by Councillor Hooper That Report COD -022-18 be received; That Dependable Truck and Tank Ltd. having satisfactorily supplied one pumper truck last year per contract RFP2016-5 for the Supply and Delivery of One Pumper Truck, have the contract extended for an additional optional year for the supply and delivery of one more pumper truck with a 2018 bid amount of $711,878.15 (Net of HST) as required by the Emergency Services Department; That funds required for this project in the amount of $711,878.15 (Net of HST) be drawn from the following account: Emerg. Serv. Fire Fleet (2018) 110-28-388-82824-7401 $700,000.00 Add'I Funding Required - Fire Equip R/F $ 11,878.15; and That all interested parties listed in Report COD -022-18 and any delegations be advised of Council's decision by the Department. Carried -9- 15 Clar-in o n Council Minutes June 11, 2018 Item 16 — Laneway at Rundle Road Resolution #C-204-18 Moved by Councillor Cooke, seconded by Councillor Neal That staff be directed to attempt to acquire the laneway property abutting 2392 Rundle Road either by deed or by vesting order. Motion Referred Later in the Meeting (See following motions) Suspend the Rules Resolution #C-205-18 Moved by Councillor Neal, seconded by Councillor Cooke That the Rules of Procedure be suspended to allow Members of Council to speak to the matter of the foregoing Resolution #C-204-18 a second time. Carried Resolution #C-206-18 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #C-204-18 be referred to the June 18, 2018 General Government Committee meeting. Carried 10.3 Planning & Development Committee Report of June 20, 2018 Resolution #C-207-18 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the Planning & Development Committee Report of June 4, 2018 be approved, on consent, with the exception of items #9 and #3 Carried -10- 16 Clarington Council Minutes June 11, 2018 Item 9— Amendment of Heritage Designating By-law - The Belmont House Resolution #C-208-18 Moved by Councillor Partner, seconded by Councillor Hooper That Report PSD -052-18 be received: That Report PSD -052-18 be tabled until such time as staff bring forward a report on the Foster Northwest Secondary Plan; That all interested parties listed in Report PDS -051-18 and any delegations be advised of Council's decision. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Partner X Councillor Traill X Councillor Woo X Councillor Cooke X Councillor Hooper X Councillor Neal X Mayor Foster X Item 3—An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons Resolution #C-209-18 Moved by Councillor Hooper, seconded by Councillor Cooke That Report PSD -045-18 be received; That staff consider the public comments received in the further processing of the Zoning By-law Amendment application ZBA2018-0013, submitted by IBIS Foods Inc., to permit a drive-through accessory to a Tim Hortons; That all interested parties listed in Report PSD -045-18 and any delegations be advised of Council's decision. Carried -11- 17 Clarington 11 Staff Reports None 12 Business Arising from Procedural Notice of Motion None 13 Unfinished Business There are no Unfinished Business items scheduled for this meeting. 14 By-laws Resolution #C-210-18 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-laws 2018-054 to 2018-060 Council Minutes June 11, 2018 14.1 2018-054 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By law for the Corporation of the Municipality of Clarington (Lindvest Properties (Clarington) Ltd.) (Approved by Council on October 16, 2006) 14.2 2018-055 A By-law respecting the Amalgamations Between (1) Veridian Corporation and Whitby Hydro Energy Corporation, and (2) Veridian Connections Inc. and Whitby Hydro Electric Corporation (Item 3 of the General Government Committee Report) 14.3 2018-056 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 4 of the Planning and Development Committee Report) 14.4 2018-057 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 5 of the Planning and Development Committee Report) 14.5 2018-058 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 6 of the Planning and Development Committee Report) -12- W Clarington Council Minutes June 11, 2018 14.6 2018-059 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 8 of the Planning and Development Committee Report) 14.7 2018-060 Being a by-law to designate the property known for municipal purposes as 156 Church Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18 That the said by-laws be approved. Carried 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 16 Other Business 16.1 Councillor Neal requested information regarding passing a By-law prohibiting autonomous vehicles in the Municipality of Clarington. 17 Confirming By -Law Resolution #C-211-18 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2018-061, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 11th day of June, 2018; and That the said by-law be approved. Carried -13- 19 Clariiw-n 18 Adjournment Resolution #C-212-18 Moved by Councillor Partner, seconded by Councillor Neal That the meeting adjourn at 9:20 PM. Mayor Carried -14- 20 Municipal Clerk Council Minutes June 11, 2018 June 18, 2018 `t�Cfie c�nrporation of Oe Boum of A Ms. Lynn Dollin, President Association of Municipalities of Ontario 200 University Ave., Suite 801 Toronto, ON M5H-3C6 Email: amopresident(�amo.on.ca RE: Resolution ❑ Cannabis Grace Period Request Dear: Ms. Lynn Dollin, LVA VAN aLVAVAI I ■ At its meeting of June 11th, 2018, Amherstburg Town Council passed the following resolution: W-GWM❑16❑❑❑ffQIII❑SS ILW-W❑[H]WaElFU❑ C W n ❑❑W7FM❑❑CXWQ-MEFELLQ❑W❑rM request that a 6 month grace period be enacted once the cannabis legislation passes to ensure that municipal law enforcement officers and the OPP are adequately trained to enforce the legislation. Sincerely, Tammy Fowkes - Deputy Clerk, Town of Amherstburg cc: Taras Natyshak MPP, Essex Tracey Ramsey MP, Essex Ontario Municipalities encl: City of Quinte West Resolution re: Cannabis Grace Period Request Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH, AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (jQ9)d736-5403 TTY: (519)736-9860 CITY OF QUINTS WEST "' f P.O. Box 490 :ti Trenton, Ontario, K8 5R6 Office of the Mayor TEL: (613) 392-2841 Jim Harrison FAX. • (613) 392-5608 May 28, 2018 Ms. Lynn Dollin, President Association of Municipalities of Ontario 200 University Ave, Suite 801 Toronto, ON M51-1 3C6 RE: Resolution — Cannabis Grace Period Request Dear: Ms. Lynn Dollin, This letter will serve to advise that at a meeting of City of Quinte West Council held on May 22, 2018 Council passed the following resolution: "That the Council of the City of Quinte West requests that once the cannabis legislation is passed that a six month grace period be enacted to ensure that municipal law enforcement officers and the Ontario Provincial Police are adequately trained to enforce the said legislation; And further that this resolution be circulated to the local MP, MPP, AMO, and other municipalities. Carried" We trust that you will give favourable consideration to this request. Sincerely, CITY OF QUINTE WEST Jim Harrison Mayor cc: MP Neil Ellis, Bay of Quinte cc: MPP Lou Rinaldi, Northumberland-Quinte West 22 Clatiagton Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members of Council From: Carlo Pellarin, Manager of Development Review Date: June 26, 2018 Subject: Request To Extend The Use of Temporary Living Quarters at 1093 Gifford Road, Clarke File: Roll Number: 18-17-030-020-04600 Corresponding Building Permit Number: 16.0713 John Roznik signed a letter of undertaking on July 27, 2016, indicating his intent to continue to live in the existing single detached dwelling at 1093 Gifford Road while constructing a new single detached dwelling on the same property, for a period not to exceed six (6) months (expired on January 25, 2017), after which the existing original dwelling was to be demolished. On December 20, 2016, John Roznik made his first request and Council granted an extension to the use of the temporary living quarters, for an additional six (6) month period (to expire on July 25, 2017) On June 19, 2017 John Roznik made his second request to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on January 25, 2018). On December 20, 2017 John Roznik made his third request to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on July 25, 2018). On June 4, 2018 John Roznik has now made his fourth request to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on January 25, 2019). According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for the Heating Occupancy on July 21, 2017. Prior to this inspection, the following inspections had been performed: Plumbing rough -in on December 7, 2016 Framing — November 23, 2016 Backfill — August 10, 2016 Footings — July 29, 2016 Although Mr. Roznik has not requested further inspections since July 2017, staff from the Building Division have attended the site on June 12, 2018 and confirmed the work is The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 23 Page 12 Mr. Roznik advised that progress through the winter months was slow. Further, construction was delayed by two site installed doors that were not sealed properly and allowed water in during heavy rains and several cracks in the dry wall that developed as a result of house settling over the first year and a half. These issues, along with contractor delays have resulted in a process taking much longer than originally expected. Section 3.25b of Zoning By-law 84-63, as amended, of the Municipality of Clarington, permits Council to extend the maximum six (6) months' time limitation for the use of temporary living quarters. If Council wishes to do this, it is recommended that the following resolution be passed: THAT John Roznik be granted a 6 month extension for the use of temporary living quarters at 1093 Gifford Road subject to signing a further Letter of Undertaking. Carlo Pellarin Manager of Development Review CP/jp cc: Andrew Allison, Chief Administrative Officer Anne Greentree, Municipal Clerk David Crome, Director of Planning Services 24 RE: Letter of Undertaking for John Roznik, 1093 Gifford RD Newcastle, 6 month period ending JUly3,d 2018. Permit # 16.071.3 I would like to request Council's approval to exceed the July 3rd, 2018 date for the completion of the new dwelling and removal of the existing dwelling. Progress through the winter months was slow and was not helped by two site installed doors that were not sealed properly and allowed water in during heavy rains and several cracks in the drywall that developed as a result of house settling over the first year and a half. These issues were addressed by the installer, however, they are no longer associated with Guiltcrest Homes (the builder of the modular home) and it took over 2 months for them to affect the appropriate repairs. The final major task prior to occupancy is the first and second floor decks which are currently under construction at this time. Once complete, I will make the inspection request for approval to occupy the new home and immediately begin removal of any appliances and disable and/or remove any services related to occupancy of the existing house as outlined in the letter of undertaking. Further dismantling of the structure will follow. As I have no desire to bear the cost of heating and maintaining both houses through another winter as well as further delaying the return of my deposit, I will be taking the steps necessary to insure the conditions of the letter of undertaking are met prior to the end of the year. I thank you for your patience and hope you will able to grant this extension allowing me the time to compete this project which has taken almost twice as long as I had originally thought it would. John A. Roznik June 4, 2018 25 Clatiagton Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members of Council From: Carlo Pellarin, Manager of Development Review Date: June 26, 2018 Subject: Request To Extend The Use of Temporary Living Quarters at 9209 Grasshopper Park Road, Darlington File: Roll Number: 18-17-010-150-17500 Corresponding Building Permit Number: 17.0350 Michelle Roth signed a letter of undertaking on March 20, 2017, indicating her intent to continue to live in the existing single detached dwelling at 9209 Grasshopper Park Road while constructing a new single detached dwelling on the same property, for a period not to exceed six (6) months (expired on January 28, 2018), after which the existing original dwelling was to be demolished. On December 12, 2017, Michelle Roth made her first request and Council granted an extension to the use of the temporary living quarters, for an additional six (6) month period (to expire on July 28, 2018) On June 23, 2018 Michelle Roth made her second request to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on January 28, 2019). According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for the framing on October 6, 2017. Prior to this inspection, the following inspections had been performed: Backfill — September 22, 2017 Footings — September 13, 2017 Mrs. Roth advised that unexpected construction delays throughout the winter and spring have caused a ripple effect, postponing each construction stage. The Roth's hope to apply for the final occupancy inspection by the fall of 2018. Section 3.25b of Zoning By-law 84-63, as amended, of the Municipality of Clarington, permits Council to extend the maximum six (6) months' time limitation for the use of temporary living quarters. The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 26 Page 12 If Council wishes to do this, it is recommended that the following resolution be passed: THAT Michelle Roth be granted a 6 month extension for the use of temporary living quarters at 9209 Grasshopper Park Road subject to signing a further Letter of Undertaking. Carlo Pellarin Manager of Development Review /j p cc: Andrew Allison, Chief Administrative Officer Anne Greentree, Municipal Clerk David Crome, Director of Planning Services 27 Monday, lune 25, 2018 Planning Department 40 Temperance Street Bowmanville ON L1C3K2 Attention: Amanda Tapp, Planner Regarding: Request to extend permit date for permit #17.0350 Dear Ms. Tapp, I am writing you this letter, requesting a 6 month extension of our permit. As indicated in the letter of Intent, our finishing date is scheduled for July 28th, 2018. At this point in time, we will be unable to make the deadline due to construction delays throughout the late winter and into spring as job deadlines were pushed back due to this year's prolonged winter. We are optimistic that our construction will be complete this fall. Thank you for brining this request to counsel. Michelle Roth 9209 Grasshopper Park Road Bowmanville ON L1C3K2 289-276-1072 mbeacom@yahoo.com W1--7 From: Keyzers, Heather To: Chambers, Michelle Subject: FW: Chickens Date: June -26-18 4:00:44 PM -----Original Message ----- From: Keyzers, Heather Sent: June -15-18 2:18 PM To: Chambers, Michelle <MChambers@clarington.net> Subject: FW: Chickens -----Original Message ----- From: info@clarington.net [mailtn-infnnclarin on net] On Behalf Of James Alexandre Sent: June -13-18 5:10 AM To: Council <council@clarington.net> Subject: Chickens Hi, I would like council to revisit the possibilty of residents being allowed to keep backyard chickens. Even Toronto is now on board with this. • • • .�.�. �� •� �- -� •.� �. a-- • • � • This email was sent to you by James Alexandre<James.alexandre@utoronto.ca> through lac -//www c.larington.net/_ 29 From: Chambers, Michelle To: Chambers, Michelle Subject: FW: Policy Update - AMO Stands with Canada and Ontario on NAFTA Date: June -26-18 4:18:39 PM From: AMO Communications [mailto:communicate(@amo.on.ca] Sent: June -25-18 3:27 PM To: Greentree, Anne <agreentreeCcDclarington.net> Subject: Policy Update - AMO Stands with Canada and Ontario on NAFTA June 25, 2018 AMO Stands with Canada and Ontario on NAFTA At its June 21 st meeting AMO's Board of Directors passed a resolution in support of the Governments of Canada and Ontario successfully resolving the North American Free Trade Agreement (NAFTA) renegotiation. The Board calls on member municipalities to consider the resolution (below) to express local support. Fair trade with the United States of America and Mexico has been the cornerstone of Canada's and Ontario's economy for many years. Since the Canada -US Free Trade Agreement (FTA) came into force in 1989 and NAFTA in 1993, Ontario's economy has become more integrated with the US and Mexico to the mutual benefit of residents and businesses. These relationships reinforce our prosperity and openness. Changes to NAFTA could have major repercussions on the prosperity of Canada's local, regional and national economies. In passing this resolution AMO, and municipal governments across Ontario, are sending a strong message that municipal leaders stand with and support our provincial and federal governments in ensuring fairness and prosperity for Canadians. Municipal Councils are encouraged to consider and pass this resolution copying Prime Minister Trudeau, Premier Designate Doug Ford, AMO and the Federation of Canadian Municipalities. AMO Contact: Craig Reid, Senior Policy Advisor, creid(&.amo.on.ca, 416-971-9856 ext. 334. NAFTA RESOLUTION That the AMO board approve the proposed NAFTA resolution to be shared with members, the Federal Government, the Provincial Government, and Federation of 30 Canadian Municipalities (FCM). WHEREAS, the North American Free Trade Agreement (NAFTA) governs nearly every aspect of Canada and the United States economic relationship including manufacturing, agriculture, resources industries, and services; WHEREAS, about 80% of all of Ontario's exports go to the United States and Ontario is the top trading partner of half of all American States; WHEREAS, even minor changes to the established trade relationship between Canada and the United States could have significant consequences for workers, consumers, and governments on both sides of the border; WHEREAS, Canada's and Ontario's economic future and the continued well-being of communities and their local economies depend on free and fair trading relationships based in current future trade agreements; Therefore, be it: resolved that Ontario municipal governments, represented by the Association of Municipalities of Ontario (AMO), stand together with the Federal and Ontario governments in their efforts to protect Canadian jobs and local economies; RESOLVED that AMO will work with the Province of Ontario to support the interests of municipalities and communities affected by trade disputes and during ongoing trade agreement negotiations; RESOLVED that AMO will work with the Federation of Canadian Municipalities to ensure that Canada understands the municipal impacts affected by trade disputes and during ongoing trade agreement negotiations; and be it further RESOLVED that resolution. supports AMD's DISCLAIMER: Any documents attached are final versions. AMO assumes no responsibility for any discrepancies that may have been transmitted with this electronic version. The printed versions of the documents stand as the official record. OPT -OUT: If you wish to opt -out of email communications from AMO, please clickh=. 31 June 27, 2018 To: Mayor Foster and Council Members From: Andrew Clowes Re: Old Scugog Road Traffic Concerns As most of you are probably aware I made a presentation at the General Government Committee meeting on May 28tH Since that meeting I have been Clarington Accessibility Advisory Committee May 3, 2018, 6:30 PM MAC Meeting Room 3C If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Present: Shea -Lea Latchford (Chair) Andre O'Bumsawin Tim Van Leeuwen Maureen Reed Councillor Wendy Partner Pinder DaSilva Sylvia Jaspers-Fayer Sally Barrie Also Present: Andrea Nicholson — Accessibility Coordinator Regrets: Jacqui Watchorn The meeting was called to order at 6:35 PM. 1. Adoption of Minutes Moved by Andre O'Bumsawin, seconded by Maureen Reed That the minutes of the meeting of April 5, 2018 be approved. Carried 2. Presentation There were no presentations 3. Business Arising From Minutes a) AAC Awareness at Community Events Andrea Nicholson reported that for Maplefest May 5, Tourism will distribute Access Clarington brochures and other giveaways. There will not be room for AAC members to attend the event at the Tourism booth as the booth is being shared by Canadian Tire Motorsport Park and the Mayor's office. The Committee discussed the possibility of having their own booth, the desire to be present at community events and challenges with full day coverage of a booth. Councillor Partner agreed to find out the process for BIA assignment of tents at BIA Community Events. 33 Clarington Accessibility - 2 - May 3, 2018 Advisory Committee b) Clarington Accessibility Awards Each AAC member may make one nomination for the award by completing the nomination form. Nominations will be accepted at the next meeting where the winner will be decided. A recognition event will be planned for the fall where the winner and all nominees will be recognized for their commitment to improving accessibility. c) National Access Awareness Week May 27 — June 2 Andrea Nicholson read the April 12, 2018 correspondence from the Mayor indicating that the Mayor has proclaimed the week of May 27 — June 2 as National Access Awareness Week within the Municipality of Clarington. The Access Clarington Flag will be raised on May 27 for the week. Andre O'Bumsawin agreed to prepare and deliver the presentation for the Committee's delegation to Council at the General Government meeting on May 28. The Committee reviewed their term work plan and agreed to highlight the Committee's accomplishments in the presentation. Andrea Nicholson agreed to update the work plan and distribute to the Committee. 4. New Business a) Enabling Accessibility Fund grant Andrea Nicholson reported that the Municipality received two grants through Canada's Enabling Accessibility Fund. Applications for the grants were submitted in 2017. The grants provide partial funding for approved capital projects to increase accessibility for people with disabilities in communities and workplaces to create more opportunities for participation. A $23,400 grant was received to create a paved pathway to the seasonal washrooms at Clarington Fields and a $50,000 grant was received to upgrade the flooring and the washrooms at Sarah Jane Williams Heritage Centre (Bowmanville Museum). 5. Regional Updates a) Regional AAC Andre O'Bumsawin reported that the Regional AAC continued to discuss the dynamic symbol of access and the Regional AAC is not united on the use of the symbol. The Regional Committee also discussed confusion regarding the awareness week name - National Access Awareness Week vs National AccessAbility Week. 34 Page 2 of 4 Clarington Accessibility - 3 - May 3, 2018 Advisory Committee b) AAC Regional Meeting with Durham Region Transit (DRT) Andrea Nicholson reported that the Region has organized a local AACs meeting with DRT on June 13, 2018 6:30 PM to 8:30 PM. The Regional Coordinator requested that AACs send agenda items or topics for discussion. The Committee requested the following be added to the meeting agenda: x Update regarding any plans to increase resources such as number of specialized busses and specialized drivers x DRTs five-year plan (or multi-year plan) for specialized services x Concerns regarding integrated service model x Policy/procedure for missed rides x How is DRT complying with AODA regarding equitable service (Section 70) x DRT provides vomit bags for people who may get sick but no place to dispose of them. 6. Other Business a) Service Ontario Shea -Lea Latchford reported that accessible parking at Service Ontario Bowmanville and the parking lot are in poor condition making it difficult for people with mobility devices to navigate due to cracks, slopes and potholes. Councillor Partner reported that the lot is on private property and the Committee has done everything they can including taking the issue to Tracy McCharles, Minister Responsible for Accessibility. Councillor Partner agreed to raise the issue at the next General Government Committee meeting. 7. Next meeting Thursday June 7, 2018 at 6:30 PM, MAC Meeting Room 1A Page 3 of 4 35 Clarington Accessibility - 4 - May 3, 2018 Advisory Committee 8. Adjournment Moved by Pinder DaSilva and seconded by Andre O'Bumsawin, That the meeting adjourn. Carried The meeting concluded at 7:55 PM Chair Secretary Page 4 of 4 36 Agricultural Advisory Committee of Clarington Meeting Thursday, June 14, 2018 Members Present: John Cartwright Brenda Metcalf Don Rickard Eric Bowman Tom Barrie Henry Zekveld, Ted Watson Les Caswell Wendy Partner Ben Eastman Regrets: Jennifer Knox Richard Rekker, Guests: Nancy Rutherford, Durham Region Economic Development Staff: Amy Burke and Faye Langmaid, Planning Services; Brenda welcomed all to the meeting, with introductions. Adoption of Agenda 018-12 Moved by Don Rickard, seconded by Eric Bowman -That the Agenda for June 14, 2018 be adopted_ Carried Approval of Minutes 018-13 Moved by Eric Bowman, seconded by Les Caswell 1111❑DI L❑❑Vlk:J�❑J[e May 10, 2018 meeting be approved❑ Carried 3 LHEHE05R1111M D❑FE15 dWURISQSUZ LaGD❑ -RI VgHI AKDEHIR VLH-5 HJ IR❑FFFF Broadband Study. To date the review has included collection of information and an understanding of the state of broadband coverage within the Region. In addition, there have been case analysis of the role other municipalities and Regions has taken. Broadband is becoming necessary infrastructure for businesses. The Region needs to determine the role it has in providing this infrastructure. The Phase One study provides a clear message that Durham Region has fallen behind. Therefore our businesses are having a harder time competing. This applies not just to urban areas but also rural areas. Rural areas are among the lowest service areas in the GTA. The thinking has to go beyond servicing bandwidth for gaming, movies and entertainment. Rather health care, banking and other essential services are moving on line. Also many businesses are moving away from bricks and mortar to allowing for Agricultural Advisory Committee of Clarington 37 June 14, 2018 work from home. This means that many residents are making broadband and internet part of their decision-making process in where they buy and locate their family. Overall the Region needs to be in a better place to be application ready for funding opportunities, they need to define their role for this form of infrastructure. The study clearly defines that the rural areas are significantly underserviced. There could be better interconnection between schools, health care and municipalities who often have extended dedicated lines to service their sites, if there is space within the line to allow others access. Other sites that have dedicated lines that cannot be accessed because of remote monitoring of sites include Clarington Transformer, Windfarm, Port Granby Water Treatment Plant. ❑ ID:W ANHUL:F❑EEIFZ_L\EA I Z LUZ RLN:Z Milli 112 ❑ iFMD-1) DFWI members can express to others why broadband coverage in the rural areas is crucial. Business Arising Durham Farm Connections received the Irene Kock Education award from DEAC on May 30th. This was in recognition of the invaluable educational work of the group over the past 10 years. Brenda reminded all to get tickets to the Agriculture Gala on October 25th in Port Perry. Typically the event sells out. Donations are always welcome. Correspondence and Committee Reports 018-14 Moved by John Cartwright, seconded by Ted Watson 111■I'd �''1�� ■' � ■ i ■■ Illi ■ ■ ■Illllii■ 1!1�� 111 ■ '■Illllli 1111 ■ I/ 11111 11'i 11■1!1�� ■ ■ I■11 111■I '■ 11111 11 • - • • . • • • • . - • 11111■■■1: Illi ■ ■ ■111 Carried 018-15 Moved by John Cartwright, seconded by Les Caswell FM❑DVIVMgcorrespondence received LR JV]HR]❑F1CLFE1-UD:flIL1l HLHLI ❑DAHAE1 F:1 UD/FL-tourism rezoning application dated June 14tnMM❑❑❑ MU Carried The committee does not have a role in site specific agri-tourism applications, rather the committee has provided input into the definition of agri-tourism and the criteria used by Planning Services to evaluate applications. Durham Agriculture Advisory Committee: -Working on DAAC Tour for September 13th at 5 H -i EFZ HNf LSP H VI D®JI]IIAt the recent meeting TRCA provided a presentation on the work they are doing within the urban areas on storm water management and low impact development to address first flush and storm intensity. Presentation by Dan Ruby on the Ontario Centres of Excellence and reduction of greenhouse gas; there is a discrepancy between the funding provided to the Centres of Agricultural Advisory Committee of Clarington 38 June 14, 2018 Excellence and what Soil and Crop has been able to obtain so that is being followed up by DAAC. Durham Region Federation of Agriculture: (no meeting) Clarington Board of Trade Recent luncheon with Tweed the Cannabis operator was well attended (110 people). The next areas for the business are research and development of the strains of cannabis and varieties including the specific health benefits of each. The retail opportunity and how to deploy into that area of business will come with the change in legislation. Spin-offs of the industry which have already taken effect in education are courses being offered at Durham College and UGIT. The courses range from how to be a cannabis sommelier to the medicinal benefits of the different components. New Business Future Agendas F1 Suggestions for future agendas are L TN5\52❑ -II I -Q F0 33 -D (rl Premier, as well as a business representative from the local cannabis operators. John Cartwright moved to Adjourn. Next Meeting: Thursday, July 12', 2018 @ 7:30 pm, Blackbird and MTO have been invited to respond to issues raised at May meeting. Agricultural Advisory Committee of Clarington 39 June 14, 2018 CLARINGTON HERITAGE COMMITTEE Minutes of Meeting June 19, 2018 Members Present: Todd Taylor, Katharine Warren, Steve Conway, Tracey Ali, Victor Suppan, Peter Vogel, Robert Malone, Councillor Hooper Regrets: Mark Stanisz, Filip Aleksanderek x V. Suppan announced that F. Aleksanderek tendered his resignation from the Committee and thanked him for his valued contribution to the Committee and Registry Subcommittee. Staff: David Addington and Faye Langmaid, Planning Services Declaration of Pecuniary Interest None declared. Adoption of Agenda 18.24 Moved by R. Malone, seconded by K. Warren That the agenda for June 19, 2018 be adopted as amended. "CARRIED" Adoption of Minutes 18.25 Moved by T. Taylor, seconded by R. Malone That the minutes of the Meeting of May 15, 2018 be accepted. "CARRIED" Delegation and Presentations x Myno Van Dyke provided a presentation on the history surrounding the Belmont House and Wilmot family and in particular the Fish Spawning Museum and operations in Newcastle. Myno will be presenting the material to the Planning & Development Committee on June 25. 1 1 P a g e HE Business Arising Jury Lands Foundation (Camp 30) x A public information meeting on the future vision of the Jury Lands was held on June 13. DTAH, the consulting firm retained by the municipality, presented the historical references used to develop the guiding principles for the master block plan, Jury Lands park concept plan and building re -use. The open house for Phase 2 of the Soper Creek Trail proposed along the west side of the Soper Creek was held concurrently. x The display panels and consultant presentation for the Jury Lands are online at www.clarington.net/JuryLands please submit comments to F. Langmaid by July 31. Potential Designations 26 Concession St. West (Dundurn): x The owners have applied to sever two lots from the front of the property. Should the severances be approved, they have agreed to designate the property in order to help ensure compatibility of the adjacent infill development. Infill would be guided according to guidelines that resulted from an earlier Heritage Conservation District study of the area and would be registered on title of the new lots through land division agreements. The parameters proposed to restrict the infill development and their effectiveness in protecting the heritage of Dundurn was discussed by the Committee. 18.26 Moved by T. Taylor, seconded by S. Conway That the Clarington Heritage Committee recommends to Council the designation of 26 Concession Street West under Part IV of the Ontario Heritage Act acknowledging that the owners will proceed with land severance applications for two lots, one on either side of the property frontage and including as severance conditions architectural control of the new homes in -keeping with the infill guidelines of the Old Bowmanville (North Ward) Heritage Guidelines and the restrictive covenants requested by the owners. "CARRIED" Reports from Other Committees Bowmanville and Newcastle CIP: The Bowmanville group met on May 28th and the Newcastle group met on June 6. Items of discussion at both meetings included: x CIP brochures - have been printed and sent to BIA and will be continue to be distributed to businesses. x Outdoor patio pilot project — patios and temporary sidewalks at 36 Kitchen (Bowmanville) and the Snug (Newcastle). A report will go to Council at the end of the season about the results of the pilots. x Mandate/Terms of Reference — the mandate of the groups were reviewed and the terms of reference will be updated and circulated to members. Each group has vacancies presenting opportunities for recruiting new members. 21 Page 41 x Accessibility workshop — held on April 19 with 30-35 attendees. A resource list resulted from it and has been shared with BIA members, other businesses. x Public Art Project, OMAFRA Main Street Revitalization — funding has been granted to the 4 downtown areas. Council have approved the staff recommendation to concentrate the funding on public art projects and to work with the Visual Arts Centre on details of the artists call, jury, types of art and locations. x Secondary Plan Review— Planning staff are working on a number of Secondary Plans and update. Members will be informed of the public meetings and other milestones as they arise. Architectural Conservancv Ontario. Clarinaton Branch: x At Meeting on June 18th, group passed a motion to support the Heritage Committee and the Newcastle Village and District Historical Society's efforts to encourage the creation of the proposed Wilmot Creek Heritage Park adjacent to Wilmot Creek. x Tours at Camp 30 trail are scheduled for the summer, next one is June 23 at 2pm. x Doors Open occurred at 15 sites at Clarington east with over 4,200 visitors. Next year is 10th anniversary of Doors Open in Clarington, currently brainstorming ideas to commemorate; 137 sites have participated so far. x AGM for the Provincial ACO is in July; locally it is in September. Newcastle Village & District Historical Society: x Change of officers at NVDHS: B. Malone is now past President; Tom Wallace is the new President; Myno Van Dyke is Vice President; Patti Duncan is Secretary and Sher Leetooze remains as Treasurer. x There is currently an opening on the Board, they will meet Wednesday, June 20. x The status of a grant application from the Mississauga First Nations is pending. Museum; x Recently obtained accessibility grant; they will work on improving the accessibility of the bathroom and re -carpet the Sarah Jane building. x Soper Creek wildlife refuge and the museum will be running a `Wild Ontario' exhibit in October with the school programming taking place at the museum; over 5000 students are registered over an 8 month run. x There will be a children's exhibit at the front of the museum with a rural theme x Two new exhibits are opening in time for Canada Day: history of theatre and a revamped war exhibit including Camp 30. x Conservation students from Fleming College came to the Museum to assist with archive work. x Afternoon teas are scheduled from July 11 -August 11, Wednesdays and Saturdays; need to book in advance. x On July 7th from 1-3 pm, the Museum is participating in a nature talk at Clarke Schoolhouse. x Canada Day event at the Waverley House will feature live music, horse drawn wagon rides, crafts, games and food; volunteers are needed. 31 Page 42 Project Reports Municipal Inventory and Register Committee: x The subcommittee evaluated three properties for potential inclusion on the Municipal Register, as follows: 0 10 Argyle St: Group 1 evaluation; finest surviving example of a Regency cottage. 0 11 Argyle St: Group 1 evaluation; Regency cottage with entrance at the side. 0 4 Duke Street: Group 1 evaluation; Regency cottage with 5 bay construction. 18.27 Moved by R. Malone, seconded by S. Conway That the Clarington Heritage Committee recommend to Council that the properties at 10 Argyle Street, 11 Argyle Street and 4 Duke Street be added to the Municipal Register. "CARRIED" New Business x The Committee reviewed heritage permit applications for three designated properties: 5161 Main Street, Orono; 2662 Concession Road 8, Darlington; and 110 Wellington Street, Bowmanville. The owners have applied for heritage incentive grants and require approval of their proposed works as they involve the alteration of a heritage attribute identified in the designation by-laws. 18.28 Moved by S. Conway, seconded by K. Warren That the Clarington Heritage Committee has no objections to the following proposed works: the alteration of the soffit and fascia at 5161 Main Street; the replacement of siding on the northeast wall of the sawmill building at 2662 Concession Road 8; and the repair of the front verandah roof and columns at 110 Wellington Street. "CARRIED" Revised Foster Northwest subdivision plan: The 2nd submission drawing of the subdivision plan were provided for Committee for information. Planning Services will be updating the Secondary Plan. x Clarington Heritage Website: Is being revamped and brought internally to the Municipal website and server. It should be up and operational within next month. x National Heritage Trust Conference: the National Heritage Trust Conference is taking place on October 18-20 in Fredericton, N.B. Registration dates and fees are as follows: o Super early bird effective until Aug.7: $435 o Early bird effective from Aug.7-Sept.28: $485 o Regular rate effective from Sept.28-Oct.20: $535 Next meeting: September 18,2018,7:00 p.m., Clarington Municipal Offices, Room 1A 4 1 Page 43 Ciarftwu General Government Committee Report to Council Report to Council Meeting of July 3, 2018 Subject: General Government Committee Meeting of Monday, June 18, 2018 Recommendations: 1. Receive for Information (a) 8.1 Minutes of the Newcastle Business Improvement Authority dated April 12, 2018 (b) 8.2 Minutes of the Newcastle Community Hall Board dated March 20, 2018 and April 17, 2018 (c) 8.3 Minutes of the Energy from Waste — Waste Management Advisory Committee dated November 23, 2017 and March 1, 2018 (d) 8.4 Minutes of the Active Transportation and Safe Roads Advisory Committee dated May 24, 2018 (e) 8.5 Minutes of the Ganaraska Region Conservation Authority dated May 17, 2018 (f) 8.6 St. Mary's Cement Community Relations Committee Annual Report (g) EGD -012-18 Building Activity Update January 1 to May 31, 2018 (h) OPD -007-18 2018 Winter Budget Report 2. Scott Parnell, General Manager, Canadian Nuclear Laboratories, Regarding an update on the cleanup of historic low-level radioactive waste currently underway in Port Granby That the delegation of Steve Parnell, General Manager, Canadian Nuclear Laboratories, regarding an update on the cleanup of historic low-level radioactive waste currently underway in Port Granby, be received with thanks. Page 1 Ciarftwu General Government Committee Report to Council 3• Jordan McCormack, Allison Ridding and Emily Allison, Regarding a Rainbow Crosswalk in Clarington That staff report back to the General Government Committee meeting of September 4, 2018 with preferred location(s) for a rainbow crosswalk in the Municipality of Clarington; and That the report include options for funding the rainbow crosswalk(s). 4• Don Mitchell, Mayor, Town of Whitby, Regarding Highway 412 Tolls Whereas the Council of the Municipality of Clarington supports the resolution of the Town of Whitby Council requesting that the tolls be removed from Highway 412 and Highway 418; and Now therefore be it resolved that the Premier -Elect be requested to reconsider the matter and remove the tolls on Highway 412 and Highway 418. 5• Garry Cubitt, Chief Administrative Officer, The Regional Municipality of Durham, Regarding Affordable & Seniors' Housing Task Force Report Whereas the Council of the Municipality of Clarington is committed to addressing the increasing issue of providing suitable and affordable housing needs for their residents; and Whereas more affordable rental housing for both low and moderately -low income households is required; and Whereas the requirement for seniors housing needs should be broader to support and address seniors financially and physically; Therefore be it resolved: That the Council of the Municipality of Clarington support the implementation of the Regional Municipality of Durham's Affordable and Seniors' Housing Task Force; That the Chief Administrative Officer or a designate be directed to take part in the Interdisciplinary Tactical Team (referenced in the Regional Municipality of Durham's Affordable and Seniors' Housing Task Force Report); For Council Meeting of July 3, 2018 45 Page 2 � -N n I N I1' 11 General Government Committee Report to Council That the Council of the Municipality of Clarington form a Clarington Task Force on Seniors' and Affordable Housing which will assist with the support, creation and maintenance of affordable housing; That Councillor Wendy Partner and Councillor Ron Hooper be appointed as representatives to the Clarington Task Force on Seniors' and Affordable Housing; and That Staff report back with proposed Terms of Reference for the Clarington Task Force on Seniors' and Affordable Housing. 6• Clarington Recreational Hockey League — Request to Purchase Rink Divider Board System That Report CSD -009-18 be received; That Council approve the purchase of one set of rink divider board system at an estimated cost of $10,000; That capital funding in the amount of $10,000 be transferred from the 2018 - RRC Security Camera Replacement project, Account #110-42-421-84256-7401 to fund this purchase; and That all interested parties listed in Report CSD -009-18 and any delegations be advised of Council's decision. 7• Appointment to the Diversity Advisory Committee That Report CLD -017-18 be received; That the following be appointment for a term ending December 31, 2020 or until a successor is appointed, to the Diversity Advisory Committee: x Ashfaque Choudhry x Derryck Lamptey x John Sawdon That the following be appointment for a term ending December 31, 2022 or until a successor is appointed, to the Diversity Advisory Committee: x Dorothy Koziorz x Rajeshwari Saharan x Laila Shafi x Rachel Traore For Council Meeting of July 3, 2018 Page 3 Ciarftwu General Government Committee Report to Council That all interested parties listed in Report CLD -017-18 and any delegations be advised of Council's decision. $• Supply and Delivery of Tandem Diesel Dump Truck(s) with Plow Equipment That Report COD -021-18 be received; That Premier Truck Group, having satisfactorily supplied one dump truck with plow equipment under CL2016-9 and approved in Report PS -006-16, be granted authority to have their contract extended for an optional year for the supply and delivery of three tandem diesel dump trucks with plow equipment with a 2018 total bid amount of $748,137.48 (Net of HST) as required by the Operations Department; That funds required for this project in the amount of $748,137.48 (Net of HST) be drawn from the following accounts: Fleet Roads -Replacement (2018) 110-36-388-83642-7401 $249,379.16 New Fleet -Roads (2018) 110-36-388-83643-7401 $498,758.32 That the required additional funding of $28,137.48 above the $720,000 budget be approved as follows: Operations Equipment R/F $ 9,379.16 Operations Development Charges R/F $16,882.49 Municipal Capital Works R/F $ 1,875.83 That all interested parties listed in Report COD -021-18, and any delegations, be advised by the Corporate Services Department of Council's decision regarding the award. 9• Green Road and Boswell Drive/Clarington Blvd Roundabout That Report COD -023-18 be received; That Coco Paving Inc., with a total bid amount of $577,701.53 (Blended HST), being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-22, be awarded the contract for the Green Road and Boswell For Council Meeting of July 3, 2018 47 Page 4 � -N n I N I1' 11 General Government Committee Report to Council Drive/Clarington Blvd Roundabout project as required by the Engineering Services Department; That the funds required for this project in the amount of $742,600.00 (Blended HST) which includes the construction cost of $577,701.53 (Blended HST) and other related costs such as design, inspection, contract administration, materials testing and contingencies of $164,898.47 (Blended HST) be funded as follows: Green Road & Boswell Drive Intersection Improvements (2017) 110-32-335-83276-7401 $ 90,000.00 Green Road & Boswell Drive Intersection Improvements (2018) 110-32-335-83276-7401 $465,800.00 Green Road & Boswell Drive Intersection Improvements (2018) 110-32-335-83276-7402 $ 4,100.00 (Region Recovery) Green Road & Boswell Drive Intersection Improvements (2018) 110-32-335-83276-7403 $182,700.00 (Developer Recovery) That the contract award be subject to the Municipality securing funding for the developer portion of the contract; and That all interested parties listed in Report COD -023-18, and any delegations, be advised by the Corporate Services Department of Council's decision regarding the award. 10. Streetlight LED Replacement Turnkey Program That Report COD -025-18 be received; That the proposal, received from Ameresco Canada Inc., being the most responsive bidder meeting all terms, conditions and specifications of RFP2018-1, be awarded the contract for the provision of services for the Streetlight LED Replacement Turnkey Program; That the funds required for this project in the amount of $3,200,000.00 (net of HST rebate) includes the construction cost of $2,898,193.01 (net of HST rebate) and For Council Meeting of July 3, 2018 Page 5 � -N n I # I1' ITI General Government Committee Report to Council other related costs such as design, contract administration, and contingencies of $301,806.99 (net of HST rebate) be funded by the Municipality as follows: Street Lighting —LED Conversion 110-32-324-83201-7401 $3,200,000.00 That all interested parties listed in Report COD -025-18 and any delegations be advised of Council's decision by the Corporate Services Department. 11. GBRRC and Fire Station #1 Parking Lot Rehabilitation That Report COD -026-18 be received; That Coco Paving Inc., with a total bid amount of $1,573,858.54 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-7, be awarded the contract for the GBRRC and Fire Station #1 Parking Lot Rehabilitation project as required by the Engineering Services Department; That the funds required for this project in the amount of $1,755,500.00 (Net HST Rebate) which includes the construction cost of $1,573,858.54 (Net HST Rebate) and other related costs such as design, inspection, contract administration, materials testing and contingencies of $181,641.46 (Net HST Rebate) be funded by the Municipality as follows: GBRRC and Fire Station#1 Parking Lot Rehabilitation 110-32-327-84256-7401 $1,755,500.00 That all interested parties listed in Report COD -026-18 and any delegations be advised by the Corporate Services Department of Council's decision regarding the award. 12. Investment Policy That Report FND-011-18 be received; That the proposed updated Investment Policy be approved; and That Staff be directed to explore options for transitioning to prudent investor, if feasible and report back in early 2019. For Council Meeting of July 3, 2018 Page 6 Ciarftwu General Government Committee Report to Council 13. Municipal Climate Change Action That Report CAO -007-18 be received; That Council endorse the development of a dedicated inter -departmental working group on climate change to facilitate cross corporate issues, coordinate research and implement required actions; That the existing Energy Management Steering Committee be dissolved and its mandate be integrated into the mandate of the new inter -departmental working group on climate change; That staff be directed to prepare an application for the Federation of Canadian Municipalities' Municipalities for Climate Innovation Program - Climate Change Staff Grants initiative; That staff report back to Council once a decision on the Federation of Canadian Municipalities staff grant application is known and a framework for implementation has been determined; and That all interested parties listed in Report CAO -007-18 and any delegations be advised of Council's decision. 14. Election Sign By-law That the Election Sign By-law 2016-004, be amended to delete Sub -section 10 d) to lift the prohibition of placing signs on boulevards. 15. Sidewalks on Robert Adams Road That staff be directed to replace the heaved sidewalk bays in the vicinity of 55 and 57 Robert Adams Drive; That the trees be replaced; That the work be done no later than August 31, 2018; and That the funds required be allocated at the discretion of the Director of Engineering. For Council Meeting of July 3, 2018 50 Page 7 Ciarftwu General Government Committee Report to Council 16. Delegation of Gord Robinson, Durham York Victoria Land Owners Association, Regarding Development Charges That the delegation of Gord Robinson, Durham York Victoria Land Owners Association, regarding Development Charges, be received with thanks. For Council Meeting of July 3, 2018 51 Ciarftwu Planning & Development Committee Report to Council Report to Council Meeting of June 25, 2018 Subject: Planning & Development Committee Meeting of Monday, July 3, 2018 Recommendations: 1. Receive for Information (a) 9.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding Durham Region's Response to the Province's Draft Agricultural Impact Assessment Guidance Document 2• Myno VanDyke, Representative of Newcastle Village and District Historical Society Regarding Belmont and Wilmot Fish Hatchery That the delegation of Myno VanDyke, Representative of Newcastle Village and District Historical Society Regarding Belmont and Wilmot Fish Hatchery, be received with thanks; and That a copy of the presentation be forwarded to Staff. 3• Mayor Fred Eisenberger, City of Hamilton, Regarding a Renewed Commitment to the Greenbelt That the following Town of Oakville resolution, regarding a Renewed Commitment to the Greenbelt, be endorsed by the Municipality of Clarington: Whereas, the Greenbelt is an integral component of land use planning that complements the Growth Plan to encourage smart planning, the reduction of sprawl, protection of natural and hydrological features and agricultural lands; and Whereas, the Greenbelt has protected 1.8 million acres of farmland, local food supplies, the headwaters of our rivers and important forests and wildlife habitat for over 12 years; and Whereas, a permanent Greenbelt is an important part of the planning for sustainable communities; and Whereas, there is a tremendous amount of land already planned and available in excess of the development needs of the GTA without weakening the protections provided by the Greenbelt; and Page 1 52 Garington Planning & Development Committee Report to Council Whereas, efforts to open the Greenbelt create the opportunity for land speculators to build expansive homes, at immense profits, in remote areas; and Whereas, opening the Greenbelt will move the urban boundary thus creating more sprawl and increased traffic; and Whereas, the costs of sprawl result in increased taxes, because 25% of the costs of sprawl are downloaded to existing property tax payers; and Whereas programs like the proposed inclusionary zoning regulations will assist municipalities in advancing the supply of affordable housing stock without the need to expand the built boundary; Whereas the Town of Oakville was the originator of the Urban River Valley designation; Therefore be it resolved, That the Town of Oakville stand with its municipal neighbours to undertake continued action to maintain and grow the current Greenbelt; and That the province be strongly urged to extend Greenbelt protection to include the appropriate whitebelt lands within the inner ring, lands that are the most immediately vulnerable to development in the province; and That this resolution be distributed to the leaders of all parties represented in the Legislature, the Minister of Municipal Affairs, all Greater Golden Horseshoe municipalities, the Association of Municipalities of Ontario, Environmental Defence, Friends of the Greenbelt Foundation and members of Municipal Leaders for the Greenbelt. 4• Request from Torgan for an exemption from the two year freeze on submitting an amendment to the Clarington Official Plan Whereas on June 19, 2017, The Regional Municipality of Durham approved Clarington Official Plan Amendment No. 107 (OPA 107); and Whereas Bowmanville Creek Developments Inc. (Torgan) wishes to amend the Clarington Official Plan to permit a mix of land uses including mid -rise and high-rise residential; and Whereas subsections 22(2.1) and 22(2.2) of the Planning Act prohibit Torgan from requesting an amendment to the Clarington Official Plan before the second For Council Meeting of July 3, 2018 53 Page 2 Ciarftwu Planning & Development Committee Report to Council anniversary of the first day that OPA 107 came into effect unless Council has declared by resolution that such a request is permitted; and Whereas Council wishes to permit Torgan to make an Official Plan Amendment Application respecting his property. Now therefore be it resolved: That Council hereby permits Torgan to file an application requesting that the Clarington Official Plan be amended to permit a mix of land uses including midrise and high-rise residential at 285 Baseline Road West; and By granting permission to Torgan to make an Official Plan Amendment Application, that Council is in no way expressing any opinion regarding the planning merits of the application or any related application. 5• Applications by 2556079 Ontario Inc. (CCT AutoTrans) to recognize the existing industrial business at 1960 Baseline Road West and to allow an expansion of the business onto a portion of 1972 Baseline Road West That Report PSD -054-18 be received; That the Official Plan Amendment and Zoning By-law Amendment applications submitted by 2556079 Ontario Inc. continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD -054-18 and any delegations be advised of Council's decision. 6• Applications by MODO Bowmanville Urban Towns Limited (The Kaitlin Group) for a Zoning By-law Amendment and Draft Plan of Subdivision to permit 125 townhouse units and an 88 unit six storey apartment building That Report PSD -055-18 be received; That the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by MODO Bowmanville Urban Towns Limited to permit 213 residential units continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD -055-18 and any delegations be advised of Council's decision. For Council Meeting of July 3, 2018 54 Page 3 Ciarftwu Planning & Development Committee Report to Council 7• An Application by Farsight Investments and Savannah Land Corporation to amend a Draft Approved Plan of Subdivision and rezoning by adding lands into the draft plan That Report PSD -056-18 be received; That the application to amend Draft Approved Plan of Subdivision and application for Zoning By-law Amendment, submitted by Farsight Investments Limited and Savannah Land Corporation by adding lands into the draft plan and changing the configuration of the park, stormwater management pond and roads to permit 71 additional residential units continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD -056-18 and any delegations be advised of Council's decision. $• An Application by Bowmanville Lakebreeze East Village Ltd. (Kaitlin) to amend the R3-43 zone to permit a 341 unit townhouse development in Port Darlington Neighbourhood in Bowmanville That Report PSD -057-18 be received; That the Zoning By-law Amendment application (ZBA 2017-0019) submitted by Bowmanville Lakebreeze East Village Ltd. be approved as contained in Attachment 1 to Report PSD -057-18; That notwithstanding Section 45(1.3) of the Planning Act, Council permits the submission of minor variances application to the Committee of Adjustment for relief from internal yard setbacks required by the R4-43 Zone, if necessary; That once all conditions contained in the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -057-18 and Council's decision; and That all interested parties listed in Report PSD -057-18 and any delegations be advised of Council's decision. For Council Meeting of July 3, 2018 55 Page 4 Ciarftwu Planning & Development Committee Report to Council 9• An application by Eiram Development Corporation to amend the Zoning By-law to permit 61 townhouses and a mixed-use building containing 8 apartments and commercial floor area at the south-west corner of Mearns Avenue and Concession Road 3, Bowmanville That Report PSD -058-18 be received; That the application to amend the Zoning By-law submitted by Eiram Development Corporation be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -058-18 be passed; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -058-18 and Council's decision; and That all interested parties listed in Report PSD -058-18 and any delegations be advised of Council's decision. 10. An application by IBIS Foods Inc. to amend the Zoning By-law to allow a drive-through, accessory to a proposed Tim Hortons That Report PSD -060-18 be received; That the application to amend the Zoning By-law submitted by IBIS Foods Inc. be approved and that the Zoning By-law contained in Attachment 1 to Report PSD -060-18 be passed; That, should a minor variance application be required for the CP REIT Ontario Properties Limited lands at 2375 Highway 2 during the two-year time-out period as referenced in Section 2.4, no further Council resolution is required; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -060-18 and Council's decision; and That all interested parties listed in Report PSD -060-18 and any delegations be advised of Council's decision. 11. Heritage Designation, 26 Concession Street, Bowmanville That Report PSD -061-18 be received; That the Clerk issue a Notice of Intention to Designate 26 Concession Street West, Bowmanville, as a cultural heritage resource under Part IV of the Ontario Heritage Act pursuant to the provisions of the Ontario Heritage Act; For Council Meeting of July 3, 2018 56 Page 5 Ciarftwu Planning & Development Committee Report to Council That the Notice of Intention be issued in co-ordination with the fulfillment of the conditions of the Land Division Applications LD003/2018 and LD004/2018; That, should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention, and once the severed lots are created, the Clerk will prepare the necessary designating by-law or report back to Council regarding objection(s) received; and That the interested parties listed in Report PSD -061-18 and any delegations, be advised of Council's decision. 12. Proposed alterations to three designated heritage properties: 5161 Main Street, 2662 Concession Road 8, and 110 Wellington Street, Bowmanville That Report PSD -062-18 be received; That permission be granted to alter the existing soffit and fascia on the dwelling at 5161 Main Street, Orono, in accordance with Section 33(4) of the Ontario Heritage Act, R. S. O. 1990, Chapter 0.18; That permission be granted to replace the siding on the northeast wall of the sawmill building at 2662 Concession Road 8, Darlington, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; That permission be granted to repair the front verandah roof and columns on the dwelling at 110 Wellington Street, Bowmanville, in accordance with Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD -062-18 be advised of Council's decision. 13. Policy Options to Address the Pre -Construction Sale of Residential Real Estate That Report LGL -004-18 be received; That staff be directed to consult with the development industry; and That staff report back to the Planning and Development Committee meeting of September 10, 2018 with policy options to address the Pre -Construction Sale of Residential Real Estate. For Council Meeting of July 3, 2018 57 Page 6 Cjarftwn Planning & Development Committee Report to Council 14. Proposed Acquisition of Land That the recommendations, contained in Confidential Report PSD -059-18, be approved. 15. Proposed Acquisition of Land That the recommendations, contained in Confidential Report LGL -005-18, be approved. For Council Meeting of July 3, 2018 PP Page 7 Clarington 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, 2018 Report Number: CLD -018-18 Resolution: File Number: By-law Number: Report Subject: 2018-2022 & R X Q F L fileetir* Sth@dLRe L W W H H Recommendations: 1. That Report CLD -018-18 be received; and 2. That the meeting schedule for the term of Council 2018 to 2022, attached as Attachment 1 to Report CLD -018-18, be approved. 59 Municipality of Clarington Resort CLD -018-18 Report Overview Page 2 Procedural By-law 2018-029 sets out the notice provisions regarding the regular meeting schedule for General Government Committee, Planning and Development Committee and Council meetings. This Report presents, for Council approval, the meeting schedule for the 2018-2022 Term of Council (detailed in Attachment 1). 1. Background 1.1 Clarington currently operates with two standing Committees who meet on a three-week cycle. This structure was implemented in 2015 and has proven to be successful for members of the public as well as administration and Council. 1.2 The meeting schedule for the term of Council from 2018 — 2022 has been prepared and is included as Attachment 1. 1.3 The proposed meeting schedule is based on the existing three-week rotation. For clarity, where the meeting would fall on a Monday of a long weekend, the meeting has been moved to the Tuesday. Where a meeting moved to a Tuesday conflicts with a scheduled Region of Durham Council/Committee meeting, the meeting has been moved to the same day as the other Committee meeting such that General Government is held during the day, and the Planning Committee meeting would be held the same day but in the evening. 2. Concurrence 2.1 The CAO and Department Heads have all reviewed the draft schedule and no concerns were raised. 3. Conclusion 3.1 It is respectfully recommended that the proposed Committee/Council meeting schedule be adopted for the 2018-2022 Term of Council. Municipality of Clarington Resort CLD -018-18 4. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: C. Arline Greentree, B.A., CMO, Municipal Clerk Page 3 Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington.net Attachments: Attachment 1: Clarington's meeting schedule for 2018-2022 There are no interested parties to be notified of Council's decision 61 (scheduled joint meeting to avoid conflict with Regional meetings) The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Development Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 7:00 PM start Red = Holidays Council - 7:00 PM start Orange = Special Budget Meeting ISpecial Meeting Start Times: Purple = Special Meeting If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 2018 January February March Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31 April May June Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 5 1 2 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 29 30 27 28 29 30 31 24 25 26 27 28 29 30 July August September Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 1 8 9 10 11 12 13 14 5 6 7 8 9 10 11 23011 5 6 7 8 15 16 17 18 19 20 21 12 13 14 15 16 17 18 91 12 13 14 15 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26 27 28 29 30 31 23 241 251 26L 27 28 29 30 October November December Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 1 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 —41 61 7 8 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 '10 11 12 13 14 15 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 211 22 28 29 30 31 25 26 27 28 29 30 23 ® 26 27 28 29 301 31 (scheduled joint meeting to avoid conflict with Regional meetings) The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Development Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 7:00 PM start Red = Holidays Council - 7:00 PM start =Brown = Joint Committee Meeting Joint Committee Meeting - 9:30 AM start Orange = Special Budget Meeting Purple = Special Meeting Special Meeting Start Times: If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 2019 63 January _ February arch Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 3 4 5 1 2 1 2 6 8 9 10 11 12 3 4 5 6 7 8 9 3 5 6 7 8 9 13 15 16 17 18 19 10 12 13 14 15 16 10 12 13 14 15 16 20 22 23 24 25 26 17 20 21 22 23 17 19 20 21 22 23 27 29 30 31 24 26 271 281 1 124 26 27 28 29 30 31 pril May June Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 46 1 2 3 4 1 7 9 10 11 125 13 5 7 8 9 10 11 2 4 5 6 7 8 14 16 17 18 201 12 14 15 16 17 18 9 11 12 13 14 15 21 24 25 26 27 19 21 22 23 24 25 16 18 19 20 21 22 28 301 26 28 29 30 31 23 25 26 27 28 29 `4� 130 July August September Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 1 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 8 19 0 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 October November December Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 1 2 1 3 4 5 6 7 6 7 8 9 10 11 12 3 5 6 7 8 9 8 9 10 11 12 13 14 13 16 17 18 19 10 12 13 14 15 16 15 16 17 18 19 20 21 20 22 23 24 25 26 17 19 20 21 22 23 22 23 24 27 28 27 29 30 31 24 261 27 281 29 30 29 30J 31 63 (scheduled joint meeting to avoid conflict with Regional meetings) The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Development Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 7:00 PM start Red = Holidays Council - 7:00 PM start Brown = Joint Committee Meeting Joint Committee Meeting - 9:30 AM start Orange = Special Budget Meeting Special Meeting Start Times: Purple = Special Meeting I J If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 2020 Su January Mo Tu We Th 2 Fr 3 Sa 4 Su Mo February Tu We Th Fr Sa 1 Su Mo March Tu We Th Fr Sa 1 2 3 4 5 6 7 5 7 8 9 10 11 2 4 5 6 7 8 8 10 11 12 13 14 12 19 26 14 21 28 15 22 29 16 23 30 17 24 1 18 25 9 16 23 11 25 12 19 26 13 20 27 14 21 28 15 22 29 15 22 29 17 24 31 18 25 19 26 20 27 21 28 Su Mo Tu April We 1 Th 2 Fr 3 Sa 4 Su Mo May Tu We Th Fr 1 2 Su Mo Tu 2 June We 3 Th 4 Fr 5 Sa 6 5 12 7 14 8 15 9 16 17 11 18 3 10 17 24 31 25 5 12 1 26 6 13 20 27 7 14 21 28 8 15 22 29 9 16 23 30 7 14 9 16 10 17 11 18 12 19 13 20 19 21 22 23 24 25 26 28 29 30 21 23 24 25 26 27 28 30 Su 5 19 July Mo Tu We Th 1_A 2 6 7 8 9 13 14 15 16 20 21 22 23 27 28 29 30 Fr 3 10 17 24 31 Sa 4 11 18 25 Su 2 9 16 23 30 Mo 3 10 17 24 31 August Tu We 4 5 11 12 18 19 25 26 Th 6 13 20 27 F 7 14 21 28 1 8 15 22 29 Su Mo 6 13 Septem4hF Tu We Sa 112 19 20 24 25 W22 2626 27 Su October Mo Tu We Th 1-r121 Fr Sa Su Mo November Tu We Th 3 4 5 Fr Sa F Su Mo Decem Tu We er Th Fr Sa 2 3 4 5 4 6 7 8 90 11 12 6 9 10 11 12 11 13 14 15 167 18 19 3 0 7 21 28 122 16 17 18 23�� 301 31 19 2625 18 20 21 22 23 25 26 %2728 27 28 29 30 • (scheduled joint meeting to avoid conflict with Regional meetings) The following calendars are colour coded as follows: Blue = General Government Committee Note: Green = Planning & Development Committee General Government Committee - 9:30 AM start Yellow = Council Planning & Development Committee - 7:00 PM start Red = Holidays Council - 7:00 PM start =Brown = Joint Committee Meeting Joint Committee Meeting - 9:30 AM start Orange = Special Budget Meeting Purple = Special Meeting Special Meeting Start Times: If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 2021 The following calendars are colour coded as follows: 65 January February March Su Mo Tu We Th Fr Sa Su Mo Tu We Th F Su Mo Tu We Th Fr Sa 2 1 2 3 4 5 6 2 3 4 5 6 3 5 6 7 8 9 7 8 9 10 11 12 13 7 9 10 11 12 13 10 12 13 14 15 16 14 17 18 19 20 14 16 17 18 19 20 17 19 20 21 22 23 21 23 24 25 26 27 21 23 24 25 26 27 24 26 27 28 9 30 28 28 30 311 1 31 April Ma June Su Mo Tu We Th Fr Sa Su Mo Tu We Su Mo Tu We Th Fr Sa 1 3 1 1 2 3 4 5 4 7 8 9 10 2 4 5 6 7 8 6 8 9 10 11 12 11 12 13 14 15 16 17 9 11 12 13 14 15 13 15 16 17 18 19 18 20 21 22 23 24 16 18 19 20 21 22 20 22 23 24 25 26 25 27 28 29 30 23 25 26 27 28 29 27 29 30 30a,, 31 July MOM, August September Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa M 2 3 1_ 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 7 8 9 10 11 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 1 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 28 291 30 October November 1 December Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Su Mo Tu We Th Fr Sa 11 2 1 2 3 4 5 6 1 2 3 4 4 5 6 7 8 9 7 9 10 11 12 13 5 7 8 9 10 11 12 13 14 15 16 14 16 17 18 19 20 12 13 14 15 16 17 18 N 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 25 26 27 28 29 30 28 30 26 28 29 30 31 The following calendars are colour coded as follows: 65 (scheduled joint meeting to avoid conflict with Regional meetings) Note: Blue = General Government Committee General Government Committee - 9:30 AM start Green = Planning & Development Committee Planning & Development Committee - 7:00 PM start Yellow = Council Council - 7:00 PM start Red = Holidays Joint Committee Meeting - 9:30 AM start =Brown = Joint Committee Meeting Orange = Special Budget Meeting Special Meeting Start Times: Purple = Special Meeting If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 2022 Su 2 Mo January Tu We Th 5 6 Fr 7 Sa 8 Su 6 Mo February Tu We Th 1 2 3 8 9 10 Fr 4 11 Sa 5 12 Su Mo March Tu We 1 2 Th 3 Fr 4 im Sa 5 6 8 9 10 11 12 9 16 23 11 18 25 12 19 6 13 20 27 14 21 8 15 22 29 13 20 27 15 16 23 17 24 18 25 19 26 13 20 27 15 22 29 16 23 30 17 24 31 18 25 19 26 30 Su Mo Tu April We Th Fr Sa Su 1 Mo 2 May Tu 3 We 4 Th 5 Fr 6 Sa 7 Su Mo Tu June We 1 T 2 3 4 1 2 J(26 6 13 20 27 7 14 21 28 8 22 29 9 16 23 30 8 15 16 10 17 11 18 12 19 13 20 14 21 5 7 8 9 10 11 12 14 15 16 17 18 22 24 25 26 27 28 19 21 22 23 24 25 29 31 26 28 29 30 Su 3 10 17 24 31 Mo 4 11 18 25 Tu 5 12 19 26 July We 6 13 20 27 Th 7 14 21 28 Fr 1 8 15 22 29 Sa 2 9 16 23 30 Su 7 14 21 28 Mo 8 15 22 29 August Tu We 2 3 9 10 16 17 23 24 30 31 Th 4 11 18 25 Fi 5 12 19 26 6 13 20 27 Su 46 Mo September Tu We Th 1 7 8 Fr 2 9 Sa 3 10 11 1 131 14 15 16 17 18 1920 21 22 23 24 25 26 27 28 29 30 Su 2 9 16 23 30 Mo 3 10 17 24 31 October Tu We Th 4 5 6 11 12 13 18 19 20 25 26 27 Fr 7 14 21 28 Sa 1 8 15 2220 29 Su 6 13 27 Mo 7 14 November Tu We Th 1 2 3 8 9 10 15 16 17 22 23 24 29 30 Fr 4 11 18 25 Sa 5 12 19 26 Su 4 Mo December Tu We Th 1 6f 7 8 Fr 2 9 3 10 11 13 14 15 16 17 18 19 20 21 22 23 25 28 29 30 24 31 M • Clarftwn 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, 2018 Report Number: EGD -013-18 File Number: Resolution: By-law Number: Report Subject: Tooley Road Sidewalk, West Side from Nash Road to 275 meters North Recommendations: 1. That Report EGD -013-18 be received; 2. That the location of the proposed sidewalk on the west side of Tooley Road from Nash Road to 275 meters north remain unchanged from the approved subdivision drawings; and 3. That all interested parties listed in Report EGD -013-18 and any delegations be advised of Council's decision. 67 Municipality of Clarington Page 2 Report EGD -013-18 Report Overview This report provides background information and rationale for the placement of the sidewalk on the west side of Tooley Road from Nash Road to 275 meters north. 1. Background 1.1 Tooley Road is classified as a Collector Road from Nash Road to Pebblestone Road in the Official Plan. As per section 19.6 of the Official Plan, the design principles specify that Collector Roads have sidewalks on both sides of the road in order to facilitate the safe movement of pedestrians in a higher traffic area. In this case, it is unlikely a sidewalk will be incorporated on the east side of Tooley as there is limited development potential. It is therefore important that a sidewalk exist on the west side to provide a safe, convenient pedestrian route that conforms to the Official Plan's objective of a balanced transportation system that accommodates cycling and walking as an important form of active transportation in addition to meeting our design standards wherever possible. 1.2 One of the key elements of an effective active transportation network are the `connecting links' between the various components of the network. The Clarington Transportation Master Plan looks at where these connecting links can be constructed. Connecting links allow users to safely move from one area to another, including crossings of busy streets, without long detours that discourage active transportation. 1.3 Through subdivision and site plan development, developers are required to construct roads, sewers, sidewalks, street trees, street lighting, and other features that service the new homes, as well as others in the community. The services that are required are determined through the subdivision application process, and in accordance with the Municipality's design standards. 2. Analysis 2.1 The proposed sidewalk is on the west side of Tooley Road from Nash Road to 275 meters north. With the exception of 111.5 meters north of Nash Road, the standard offset of 0.75 m from the public road allowance has been used for the location of this sidewalk. 2.2 The location of the sidewalk at the southern portion of Tooley Road is at the back of curb, which is usually done only as a last resort. This location is due to significant design challenges, utility conflicts and as a result of no opportunity for property acquisitions (via road widening), to accommodate the sidewalk in the standard location. As the sidewalk reaches the new development, it is shown in the standard location as per the approved subdivision and lot siting drawings. 2.3 Sidewalk at the non-standard location is not desirable for a number of reasons, including, but not limited to: Municipality of Clarington Page 3 Report EGD -013-18 • Inconsistent slope where driveway meets sidewalk. This also can impact our ability to comply with AQDA standards for accessibility; • Utility cabinets located behind sidewalk and closer to house fronts; • Inconsistent location for underground services and utilities; If a utility company or municipal works were to require exposing a service in the driveway, it would impact the entire driveway; • Less separation between vulnerable pedestrians and the vehicles using the road; • Trees could not be planted between the sidewalk and the road. These trees aid in traffic calming, create a nicer experience for pedestrians and aid in reducing heat traps caused by a lack of a tree canopy; • The sidewalk width would have to be increased to 1.8 meters. This increases the cost of the sidewalk by 20% or more and also increases the Municipality's long term maintenance costs; No boulevard snow storage area for snow that is ploughed off the road resulting in the residents potentially having to clear their entire property frontage of snow rather than just their driveway width; Should the road need to be widened in the future, the sidewalk would have to be replaced, resulting in higher costs. 2.4 A copy of our design standard for a 26.0 m Collector Road, C-206, is provided as Attachment 1 for your reference. The standard highlights the location of all utilities required within the public road allowance. 2.5 Demonstration plans as well as engineering design drawings for the subdivision were available for potential purchasers to view prior to purchase. These drawings clearly show the sidewalk at the standard location. Attachment 2 shows the proposed sidewalk as provided in the approved subdivision plans. Attachment 3 shows a sample house siting plan for one of the homes within the approved subdivision which also shows the sidewalk location_ 3. Concurrence Not Applicable Municipality of Clarington Page 4 Report EGD -013-18 4. Conclusion 4.1 The location of all services on which the public depend are provided through our public road allowance. The Official Plan defines the location of residential, commercial and industrial development so they may be serviced via our public road allowances. Our design standards are developed in consultation with utility stakeholders and define a specific location for each service both vertically and horizontally within the public road allowance. This methodology permits us to locate services to meet long term needs and expectations and also prevents confusion and conflict between stakeholders of the services, the Region of Durham, utility companies and the Municipality. Significant effort and coordination is undertaken to develop location standards and staff advise we adhere to these standards. 4.2 It is respectfully recommended that the proposed sidewalk within the plan of subdivision be located using the standard offset of 0.75 m from the public road allowance as was approved. 5. Strategic Plan Application The recommendations contained in this report conform to Priority 4 of the 2015 - 2018 Strategic Plan initiatives to "Enable safe, efficient traffic flow and active transportation". Submitted by: Anthony Cannella, Director of Engineering Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Ron Albright, Assistant Director, 905-623-3379 ext. 2305 or RAIbright@clarington.net Attachments: Attachment 1 - 26.0 m Collector Road Design Standard Attachment 2 - Approved Subdivision Plan Attachment 3 - Sample House Siting Plan The following is a list of the interested parties to be notified of Council's decision: Margaret Sessa 70 STREET NE z E = W O a- O N •� MW§~ n Y2 O N L O~ 4 L FF U) N U p w M O o 0 3 � L 0] 0 Z > r U •L y� U SC O w00 + L 4- 0_0 �o m z !Z N 0-0 ++ p L O 7 a O E / L M I «« N J M W } O C N 0 Ld Q N :'' y c .. C7 N In _ O +U N N Ld 0 ' M L U N o(n�' 0 z ¢ m OTO O z m S' LO ui J L �L<+ Z-- Q --- 4 C a U) � U).*E E N o Lq p 00 E ZEE o� O N �-tm n Ex L I �_U L I1 V N p M 7 (n U U L N L >r U N #?- Id Z LU oit — 3 o~z 4-- N JO O 01 J � C LUM Q U) N O O U wA DO O a Uj 8 L �Ld O � M W � VI �I WOI O In 4-1 0 J N 3 Q N V L (nN Ca X iF LiJ STREET LINE All dimensions are in metres unless otherwise noted. Muq&ipality of Clarington Engineering Services Department CHECKED REVISION N0. REVISION DATE 26m ROAD ALLOWANCE—URBAN APS C-206 APPROVED aTE 14.5rr 7FIAVEMENT APRIL 2004 44�O N � @tyg,r4t+ PROP 25.35m OF -G - CURB & GUTTERS AS PER STD C-302. BEI'Lry ST'p LEGEND-----, " I EX HSE /3017 ORIGINAL SURVEY ELEVATION ORIGINAL ELEVATION TO REMAIN PROPOSED ELEVATIONS PROPOSED SWALE DIRECTION OF DRAINAGE SUMP PUMP PHASING LINE SAN m 19• �r (O EX CURe� �R0 O NEO c � QPOQ�tOQER T� / •(O EXISTING NpNSE 6+ N M 'x, �,;pEWALK 703.75 101.35 103.15 D PHASE 1 SCALE= 1:300 1 13ELLI" CE? CURB ANO CENTERFIELD DRI VE i F_X 2 Oram VC S�EXTEND EXIST CONC SIDEWALK \U` Ful CURB TO PROP CURB RB EXvvvt� �� rnr, SVG WM f � > MATCH TO EX CURB eb LL's_ -€tf Cr 136.53 TIC 136.68 EX XJJ6.29 o 1?/M o TO AIN D / N \71 s \ mac' c \� \ P E WORK A VE � ,�" ;� m \\� R OVA ONLK F RE DRIVE M a ' Al LET BE INCLU D WITH P E /CONDO IUM V EV LO z N k TE \� TOOVI CRTCV GRAD BOARD FENCE Y r r T 11 x j z --- — --13 36.67 136.65 1 X 6.68 EX ASPHALT k \ \ EXISTING RESIDANCE RL u 135 c", IF RIM 13 0 M a o I co � 34 LIMIT OF GRADING PHASE 2 2o W- CL I EXISTING GROUND 134 , EXISTING EXISTING GROUND RESIDANCE ._ EDGE OF EX ASPHALT 133 134-- m - A 135 -------- X EXISTING GROUND DRIVEWAY 13 5 AI O J_ M M LOT 9 W 0 0 _ a 1 3 6 PROPOSED GRADE 3:1 SLOPE MAX EXISTING GROUNC 135--- 134 35- -134 .W Iz 1.50m CL 0 It j z --- — --13 6 EDGE OF EX ASPHALT EX ASPHALT LOT 9I 1 DRIVEWAY EXISTING RESIDANCE J 135 PROPOSED SIDE YARD IF SWALE AT 2.10% GR of 136 34 F --f- - -- I SECTION N SCALE: HORZ. 1:150 VERT. 1:75 132 72 I� Zp o LOT 9I ao Of EXISTING RESIDANCE J IF 7 0 EXISTING = of 136 - - 1z CURB DEPRESSION FOR DRIVEWAY ACCESS TO BLOCK 10 TO BE 20.00m WIDE. RESIDANCE z0 W- CL I EXISTING GROUND 134 - EXISTING EXISTING GROUND RESIDANCE 0 d EDGE OF EX ASPHALT 133 134-- 135 134 EXISTING GROUND DRIVEWAY 13 5 PROPOSED GRADE PROPOSED YARD SWALE---13 13 4 1 3 3PROPOSED -j -SIDE GRADE (3:1 SLOPE) 4 SECTION 0 SCALE: HORZ. 1:150 132, iI VERT. 1:75 SECTION P Z 1:150 VERT. BLOCK 11 Z LOT 4/5 srl 3.D0m I 11.00mt LOT 1 a� ROAD WIDENING 0.75m &I 134 EXISTING GROUND 133— EXISTING GROUND PROPOSED GRADE (3:1 SLOPE) 134 PROPOSED SWALE 132-- - -BOE -YARD 132 SECTION Q 133 SCALE: HORZ. 2.00%i - VERT. I I PROPOSED GRADE PROPOSED CONC.SIDEWALK 132 72 U W.0 ZI Zp o EXISTING CURB do GUTTER FROM SOUTH P/L OF LOT 1 TO W J J CLARINGTON STD C-302, 7 0 EXISTING = of m 8 .60m LOT 1 CURB DEPRESSION FOR DRIVEWAY ACCESS TO BLOCK 10 TO BE 20.00m WIDE. RESIDANCE z0 W- CL I a 134 - EXISTING EXISTING GROUND RESIDANCE 0 d 133 134-- 134 EXISTING GROUND 1 3 3PROPOSED GRADE (3:1 SLOPE) 133 PROPOSED SIDE YARD SWALE AT 2.00% GR 132, iI 132 SECTION P SCALE: HORZ. 1:150 VERT. 1:75 Z EXISTING) &, RESIDANCE0. LOT 1 134 — — i 134 EXISTING GROUND 133— 133 PROPOSED GRADE (3:1 SLOPE) PROPOSED SWALE 132-- - -BOE -YARD 132 SECTION Q SCALE: HORZ. 1:150 VERT. 1:75 U NOTE: o EXISTING CURB do GUTTER FROM SOUTH P/L OF LOT 1 TO NORTH P/L OF LOT 9 TO BE REMOVED AND RESTORED TO CLARINGTON STD C-302, ALL CURB DEPRESSIONS TO BE 6.00m WIDE FOR RESIDENTIAL DRIVEWAYS. CURB DEPRESSION FOR DRIVEWAY ACCESS TO BLOCK 10 TO BE 20.00m WIDE. 134 - EXISTING EXISTING GROUND RESIDANCE 133 TOOLEY ROAD EXISTING CURB & GUTTER 4 -7r-� SECTION R SCALE: HORZ. 1:150 VERT. 1:75 1 J L Attachment 2 to Report EGD -013-18 i —r T3Y - � m �Lt- — — I I I G ADING N TES 1) THIS LOCATION AND ELEVATION OFLL EXISTING UTILITIES AND SERVICES TO BE VERIFIED BY THE CONTRACTOR PRIOR TO COMMENCING CONSTRUCTION. CONCERNED UTILITIES TO BE GIVEN ADVANCED NOTICE FOR STAKE OUT. THE CONSULTANT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE UTILITIES SHOWN ON THE DRAWINGS. 2) QUANTITIES, DIMENSIONS AND ELEVATIONS TO BE VERIFIED BY THE CONTRACTOR PRIOR TO ORDERING MATERIALS OR COMMENCING CONSTRUCTION. 3) ALL SLOPES TO BE 3:1 (MAXIMUM) UNLESS OTHERWISE NOTED ON THE DRAWINGS. 4) ALL SWALES SHALL BE CONSTRUCTED WITH 2% MINIMUM GRADE UNLESS OTHERWISE NOTED ON THE DRAWINGS. 5) ALL SLOPES AND SWALES SHALL BE SODDED ON A MINIMUM OF 150mm OF TOPSOIL. 6) ALL DISTURBED AREAS WITHIN THE TOOLEY ROAD, CENTERFIELD DRIVE AND NASH ROAD BOULEVARDS TO BE RESTORED WITH SOD ON A MINIMUM OF 150mm OF TOPSOIL. 7) PROPOSED SIDEWALKS TO BE SAWCUT. DO NOT TROWEL EXPANSION JOINTS. 8) ALL SWALES SHALL BE CONSTRUCTED AT 0.15m MINIMUM DEPTH UNLESS OTHERWISE NOTED ON THE DRAWINGS. 9) PROPOSED DRIVEWAY ACCESS TO BLOCK 10 DEVELOPMENT OFF CENTERFIELD DRIVE AND TOOLEY ROAD SHALL CONSIST OF THE FOLLOWING UNLESS OTHERWISE APPROVED BY THE ENGINEER: 300mm GRANULAR 'B' 150mm GRANULAR 'A' - 50mm HLB ASPHALT 40mm HL3 ASPHALT 10) SUFFICIENT EXISTING PAVEMENT, CURB AND BOULEVARD WORKS TO BE REMOVED AND RESTORED TO PROVIDE A SMOOTH NO. DATE TRANSITION TO EXISTING. EXTENT OF REvlslo REMOVAL AND RESTORATION TO BE DETERMINED BY MUNICIPAL FIELD STAFF. APPROVED 11) BLOCK 10 LAND BETWEEN LOT 6 AND LOT 7 TO BE RESTORED WITH 150mm TOPSOIL AND SOD AND BE DIRECTOR,ENGINEERING SERVICES MAINTAINED BE THE DEVELOPER MUNICIPALITY OF CLARINGTON APPROVED AS TO FORM IN RELIANCE UPON THE UNTIL DEVELOPMENT OF BLOCK 10 PROFESSIONAL SKILL AND ABILITY OF D.G.BIDDLE AND ASSOCIATES AS TO DESIGN AND SPECIFICATION 12) RESPECTING ALL WORK IN THE MUNICIPAL RIGHT OF WAY, THE DATE I CONTRACTOR IS TO PROVIDE AT LEAST 48 CORPORATION OF THE MUN HOURS PRIOR NOTICE TO OUR ENGINEERING SERVIC TRANSPORTATION N AND DESIGN STAFF AT 905-623-3379. T00 LEY MILLS SUB. , 13) A ROAD OCCUPANCY PERMIT WILL BE COU RTI C E, REQUIRED FOR ANY WORK DONE IN THE MUNICIPAL ROAD ALLOWANCE. 14) ALL RESTORATION OR WORK DONE IN PHASE THE ROAD ALLOWANCE MUST BE COMPLETED AS PER MUNICIPAL FIELD LOT GRAD STAFF DIRECTION. 15) THE PERFORMANCE GUARANTEE WILL NOT BE REFUNDED BY THE MUNICIPALITY OF CLARINGTON UNLESS THE WORKS HAVE BEEN INSPECTED BY MUNICIPAL FORCES AND DEEMED TO BE COMPLETE AND (4 D. G. Biddle S� A SATISFACTORY. , consulting engine 16) EXISTING CURB & GUTTER FROM SOUTH ss KING STREET EAST P/L OF LOT 1 TO NORTH P/L OF LOT 9 PHONE (905)576-850( TO BE REMOVED AND RESTORED TO info®c^Jgbidc CLARINGTON STD C-302. 17) ALL CURB DEPRESSIONS TO BE 6.00m �aFEssro,� WIDE FOR RESIDENTIAL DRIVEWAYS. CURB S SCALE: DEPRESSION FOR DRIVEWAY ACCESS TO BLOCK 10 TO BE 20.00m WIDE. ` m r%DA1AIKI DV. 3 0 U) 0 a 0 r w 0 0 0 i N 0 M c) Z 0 LD z o: W W 2 0 Z w C) Z Q 0 0 0 O O 2 Ir 0 M am0 w Z U) U) w z w 0 0 3 N 0 M O 0 0 Ld Ld 34.00 --J---.F -1700 .40 n N 13: U) a N 1 3 65 N M 3R FIN.FLR. 134.25 h TOP FON 133.97 1.26 ' FIN. ENTRY 133.90 FIN.BSMT SLAB 131.68 U/S FTG 131.45 WEEPERS TO BE PUMPED 3. TO STORM CONNECTION INVERTS NOTED ARE PROPOSED ELEVATIONS. AS—BUILT ELEVATIONS 1 TO BE CONFIRMED ON SITE cc)E 14.48 E UNDERSIDE OF FOOTING MAY BE LOWER THAN ELEVATION NOTED A 1. 6 1,2B CJ c,ia 5502 U) DUE TO EXIST. CONDITIONS. a 133.25 ELEV A EXACT DEPTH OF FOOTING TO o BE DETERMINED ON SITE DURING COVER ON ALL FOOTINGS. ,o EXCAVATION FOR FOOTING. 1R UNDISTURBED NATIVE SOIL. < 00 x S PORCH U) p PORCH HEIGHT 0.55 o M o 133TR�D 1 M n n x N N � CN rj N N STM INV NY M 1}0.95 129.30 [V 17.00 5.84 NOTES: BUILDER TO VERIFY SERVICE _ CONNECTION INVERTS PRIOR - .._..._.... - •--.--.___....----._........_._.......-- X 525mm STM 0.81 TO CONSTRUCTION. BUILDER TO ENSURE 1.2m COVER ON ALL FOOTINGS. FOOTINGS TO BEAR ON TOOLEY ROAD UNDISTURBED NATIVE SOIL. CONSULTANTS DECLARATION: THIS PROPOSAL CONFORMS WITH THE MUNICIPAIJ YS GRADING CRITERIA AND APPROVED SUBDIVISION MASTER LOT GRADING PLAN AND THE PROPOSED HOUSE TYPE IS COMPATIBLE WITH THE GRADING. THE PROPOSED DRIVEWAY LOCATION DUES NOT CONFLICT WITH ADJACENT DRIVEWAYS, WALKWAYS, CATCH IN. HYDRANT, VALVE OR ANY STREET UTILI DATE -J .�, /.1-IREVIEWED BY. ......... ............ ZONING INFORMATION LOT AREA 502.52'2 LOT COVERAGE 223.80'2 44.5% (INCLUDES PORCH) Q?,OFESS101,,4 2 m W R,M�,P, LLAAR�000F 901. ►..,.,..-� 73 ZHIRM Attachment 3 to Report EGD -013-18 REFER TO CONNECTION DETAIL N. EN Rlf ISO.. STORM CONNECTION AT i.Ox y i FIN. QSM FOUNDATION DR/V:i DISCHARGE TD SU PPR �rnm, PoWERED SUTAP PUMP SUMP PR SECTION THROUGH STORM CONNECTION SCALE N.T.S. FOUNDATION DRAIN DISCHARGE DETAIL SCALE: N.T.S. en BEND Ci`N 3Bmm OISCINRGE PIPE RODENT SCREEN - ACfUAL ROUTING LOCATION FIRST FLOOR TO BE DETERMINED BY FlRST FIDOR E 150mm R tFIN=1SHE.DGRADE 0.. R E YliE C/W CAAEOW CAP DATION WYEexwTgN 150x150x30mm O— DRzaC STM SERVICE C 5111 SERVICE ELEVATION SECTION CLARINGTONGRADING8,7_ONINGREVIEW LOT#PLAN#�� B/P#I!Qk_' Building Div io �v By: Dater Engin rvices (Greding) 8Y T Datel - �7 PlannIng DEp tmunt (7orling) ol Nle Oe buWde ph�awmplab naponalpbpX�y b� fuM �ynallwOhte ft..W.tm/GWldelhies N�tl1e eCeCubdPl�Wblone� o�Crea�rrer�iLeThe C�oah�ol ArtStltecl hcllw_mbe lne ybr' (btlbH) plere « Well a«.,.w xiB+reepeclberrymNtptt�«ry oe pB* .w°`ottvH�. a1R«D'�`es°famlh lat Thle Is b ceNlfy that these plerre compry .181 the eppAmbla Alchftsdural Desgn MOW 1".9. by the MunldpeAry 0( CLARINGT LOT N0. 2 PLAN 40M- I LEGEND v! V I Y 1 140,88 PROPOSED GRADE D.�. E3Ildd18 I A198®ClBte0 leilmlted 140.88 EXISTING GRADE consulting engineers and Planners __DIRECTION OF y6 IfING STREET EAST 03HAWA,ON L7H 'IBB DRAINAGE PHONE (905)576-8500 FAX (905)576-9730 $n SUMP PUMP tnfoo*dTTbiddla.com M.E.T. 1 It6M Ulf: Or/71,DRAWING NO. BUILDER -DELTA RAE APRIL 2017 SCALE: 1:250 117408 -SP -2 SUB.NO- 13021Y MILLS JUNE 2017 REVISED PORCH TO COMPLY WITH ZONING MET Clarftwn 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, 2018 Report Number: EGD -014-18 File Number: Resolution: By-law Number: Report Subject: Traffic Concerns - Old Scugog Road between Concession Road 4 and Reaional Road 57 Recommendations: 1. That Report EGD -014-18 be received; 2. That staff collect data and work with residents to address traffic concerns on Old Scugog Road between Concession Road 4 and Regional Road 57; and 3. That all interested parties listed in Report EGD -014-18 and any delegations be advised of Council's decision. 74 Municipality of Clarington Report EGD -014-18 Report Overview Page 2 To provide a response to Mr. Clowes's delegation at the June 18 Genera Government Committee meeting and to provide a course of action to address some of the traffic concerns raised. 1. Background 1.1 In addition to the information provided by Mr. Clowes on June 18, 2018, staff have previously received a number of speeding concerns for the section of Old Scugog Road between Concession Road 4 and Regional Road 57. Staff have responded using various methods such as deploying radar message boards, working with Durham Region Police Services (DRPS) to increase enforcement, and painting edge lines as part of the pavement rehabilitation to visually narrow the lanes through this area. Despite these efforts, speeding still appears to be a concern. 1.2 The other concern raised by Mr. Clowes was the use of the road by heavy trucks, which should be using Regional Road 57. 1.3 Mr. Clowes also requested that all way stops be installed at intersections of Old Scugog Road and Concession Road 4 as well as Glenelge Court/Craig Court, and that the speed be reduced to 50 km/hr from Concession Road 4 to match the existing 50 km/hr speed limit locations to the south. 2. Proposal 2.1 Staff have reviewed the information provided by Mr. Clowes as well as the data on file and will be undertaking the following to address the traffic concerns raised: x Post "No Trucks" signs on Old Scugog Road from Regional Road 57 to Taunton Road, similar to Hampton. In advance of this change, staff will circulate a notice to all homes and businesses advising that trucks can be used on the road only if there are no other means of access to a property as part of their business or to receive deliveries. x Collect updated traffic count data at the intersections within the limits of Old Scugog Road to determine if the requirements of the requested all way stop are met. The results will be shared with the area residents, through Mr. Clowes, and to Mayor and Council by e-mail. x Use the updated data to consider the request to reduce the speed limit to 50 km/hr. The results will be shared with the area residents, through Mr. Clowes, and to Mayor and Council by e-mail. x Continue to work with DRPS to provide enforcement to assist in keeping the speeding concerns in check. 75 Municipality of Clarington Resort EGD -014-18 Page 3 x Wk with residents to explore a number of traffic calming pilot projects to deter speeding. The pilot project(s) can be implemented over the summer and staff will collect further data to gauge their effectiveness. 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that staff move forward with the above noted measures to address the traffic concerns on Old Scugog Road. 5. Strategic Plan Application The recommendations contained in this report conform to Priority 4 of the 2015 - 2018 Strategic Plan initiatives to "Enable safe, efficient traffic flow and active transportation". Submitted by: Anthony Cannella, Director of Engineering Services Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Ron Albright, Assistant Director, 905-623-3379 ext. 2305 or RAIbright@clarington.net The following is a list of the interested parties to be notified of Council's decision: Andrew Clowes 76 Clatiagton Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning Services Date: June 29, 2018 Subject: #10.3, from Dave Collins, regarding a street being named after Irma Wreggitt, be referred to Staff to report back to the Council meeting of July 3, 2018 File: PLN 7.9 Mr. Dave Collins' letter was seeking to have Irma Wreggitt's name added to the street names list for War Veterans. The Wreggett name is on the listing of names provided to us by John Greenfield, Legion Branch 178. The name has been approved by Durham Region for use as a street name to commemorate War Veterans. Mr. Collins letter alerted us that the spelling we had could be an error. It was spelled "Wreggett" with an "e" rather than an "i". We have been in contact with John Greenfield and he has confirmed that a typo was made. We were concerned that there could have been another war veteran with that spelling. Mr. Greenfield has searched the Legion archives and confirmed that the name he provided was to commemorate Irma Wreggitt. We have provided a letter to Durham Region asking that the spelling be corrected on the listing of approved street names for War Veterans. If the reason Mr. Collins provided the letter was to promote the Wreggitt name to be assigned to a street in the Bowmanville area in the immediate future, staff can take that as a direction. Council should be aware that we will wait for confirmation of the corrected spelling from the Region. F y Langmaid, Acting Director, Planning Services Department Attachment: Letter to Region advising of incorrect spelling, dated June 27, 2018 I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 7 Department Responsibilities\PLN 7.9 Street Name General\Wreggitt\MEMO_MMC_Re Wreggitt Street Name June29'18.docx The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 77 Clarington June 27, 2018 Mike Scott, Planning Analyst Current Planning Regional Municipality of Durham 605 Rossland Road East P.O. Box 623 Whitby, ON L1 N 6A3 Dear Sir: RE: Correction to Spelling of Street Name for Clarington File No.: PLN 7.9 There is a spelling mistake associated with a Clarington street name: Wreggett — a name approved by Durham Region on March 20, 2015. The correct spelling of the name has been determined to be Wreggitt (the second e is to be changed to a i). Please update your records accordingly and e-mail me when this has been done. Hopefully this minor correction can be made soon as Clarington would like to use the name in the near future. Thank you for your attention in this matter. Sincerely, iqCwat�m �lQ Robert Lee Russell, Planner II Development Review Branch RLR/ I:\^Department\LDO NEW FILING SYSTEM\PLN Files\PLN 7 Department Responsibilities\PLN 7.9 Street Name General\Wreggitt\LET_Scott_ Correct Spelling - Wreggit Street Name 27'06'18.docx CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net 78 MUNICIPALITY OF CLARINGTON COUNCIL DATE July 3, 2018 Moved by: Corinna Traill Seconded by: Steven Cooke RESOLUTION # Whereas Phase 2 of the Soper Creek trail was approved in the capital budget for an allocation of approximately $400,000; Whereas new information has been introduced by residents with respect to formation and location of the trail; 1 RZherefore be it resolved Oat this matter be referred to Staff for further public consultation and input and KWOSEOLFII@HPBBEYLOWRREOWDWLRQFRPSOIA/BDGDIE}O UBRUWLSUEVBWRR&O 79 131 Guildwood Drive Bowmanville, ON L1C5C7 905 2441990 Attention: Clerks Department RE: SOPER CREEK TRAIL This letter is to advise that I am asking for the Soper Creek Trail be added to the agenda on July 2, 2018. I am not in support of this trail backing onto my property. The home was bought with a very clear understanding that the crown land would never be built on. Confirmation was given by the town. As well as the builder, who charged a premium for the lots that back onto the ravine. Having a trail butting right up to my property, is a open invitation for vandalism. Never mind the countless fires that have already taken place. The on going issues just from Camp 30, is problems enough for us. Never mind the open space that has a sign stating no motorized bikes. But it continues to happen The area can't be policed 24/7. What about disturbing the natural habitat. And to open up a trail ???? I am asking that the Mayor and all Councillors support Corinna Traill's Special Motion on July 2, 2018 (Heather, if you can just confirm receipt of this) �-� so From: Chambers, Michelle To: Chambers, Michelle Subject: Public Input for Clarington Council and Mayor RE: 'Rainbow cross walks" Date: June -29-18 12:52:59 PM From: Rudy K [mailto:rudyCcDkraco.ca] Sent: June -28-18 11:01 PM To: Greentree, Anne <agreentree(@clarington.net> Cc: 'Kim' <kim(@kraco.ca> Subject: public input for Clarington Council and Mayor RE: "Rainbow cross walks" Hello Mayor Foster and Clarington Councillors via Clerk Anne Greentree; Thank you all for your service to us and our community! ... not sure of a better way to convey this... but we wanted to voice our concern over Clarington possibly paying for and supporting "Rainbow crosswalks". please note that we (as taxes payers/residents of Clarington) would not support this as an efficient/appropriate use of Clarington resources; this may be "leading the way" down a path we shouldn't take. If you would like to discuss or understand more we welcome your conversation. Thank you, Rudy W. Kraayvanger, President "Kraco" Carpentry and Contracting P/0 Box 14 Stn Main Bowmanville, ON L1C 3K8 Home office 905 623-1101 Cell 905 435-7363 rudy(@kraCo. ca www.kraco.ca blackbird June 28, 2018 Clerks Department Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Clerks Department: Blackbird Constructors 407 General Partnership 78 Richmond St. W., Suite 200 Oshawa, Ontario, UG 3E3 Tel: (905) 443-3390; Fax: (905) 443-3397; Email: reception@BBC407.ca Re: Highway 407 East Phase 2 Noise By-law Exemption Extension Request Doc. Ref: ECS 13.3.5 00037 Blackbird Constructors 407 General Partnership (BBC), is a joint -venture between Ferrovial Agroman Canada and Dufferin Construction Company, a division of CRH Canada Group Inc., and jointly are the designers and builders of the Highway 407 Phase 2 Project. This letter is to request a Noise Bylaw Exemption pursuant to bylaw 2007-071 from the Municipality of Clarington, to allow the construction contractor to expedite the work and minimize the duration of traffic disruptions for users of Highway 2, Nash Road, and surrounding local roads. The request for the noise bylaw exemption is located along the future Highway 418 from Nash Road to approximately 300m south of Highway 2. Please note that due to the schedule and scope of the project, we are seeking an exemption for the hours of operation specified in the By-law to enable construction to be additionally undertaken during the night time providing for a 24 hour work schedule from July Sim to December 31, 2018. The exact construction period is unknown at this time and will be weather dependent. The contractor will be excavating earth material and transporting it for placement in fills in the designated work area (i.e. along the future Highway 418 from Nash Road to approximately 300m south of Highway 2). The contractor intends to move material using a fleet of rock trucks. The contractor will also be conducting concrete pouring and paving operations. The contractor will be required to maintain equipment in good working order. We trust our submission is satisfactory and respectfully request the exemption to the City's noise by-law for the subject works to be considered at the next committee meeting. If you require additional information, please do not hesitate to contact the undersigned. Sincerely, Gabriel Medel-Carratala, besign-Build Director Blackbird Constructors 407 General Partnership Highway 407 East %t Page 1 of 1 Integrity Commissioner 2017 Annual Report Integrity Commissioner for Durham Region and Brock, Clarington, Oshawa,' Pickering, Scugog, Uxbridge and Whitby Annual Report 1. Introduction I was appointed as Integrity Commissioner for the Regional Municipality of Durham and its local municipalities pursuant to the following by-laws2 effective the following dates: MuncipallityDate Passed Effective Date Regional Municipality of Durham 58-2016 Dec. 14, 2016 Jan. 1, 2017 Township of Brock 2715 -2017 -AP Jan. 16, 2017 Jan. 1, 2017 Municipality of Clarin ton 2017-019 Feb. 27, 2017 Feb. 28, 2017 City of Oshawa 45-2018 April 30, 2018 April 30, 2018 City of Pickering 7538/17 Jan.16, 2017 Jan. 1, 2017 Township of Scugog 15-17 March 6, 2017 Jan. 1, 2017 Township of Uxbridge 2017-085 June 26, 2017 June 26, 2017 Town of Whitby 7234-17 Feb. 21, 2017 Feb. 21, 2017 In appointing me all of the local municipalities relied on the Region's Request for Proposal 1042A-2016. Consequently, it makes sense for me to present a joint annual report. However, the different effective dates mean that I have not served each municipality for the same length of time. For the sake of consistency, I propose to issue reports on a calendar year basis. This report covers calendar year 2017. The Town of Ajax has not appointed me as its Integrity Commissioner and is not covered by this report. The City of Oshawa did not appoint me until 2018 and, therefore, is not covered in this report. The responsibilities of the Integrity Commissioner include: providing information and advice to councils and members of council on codes of conduct and the issues arising Because it did not appoint me until 2018, Oshawa is not covered by this annual report. Each municipality has adopted its own Code of Conduct for Members of Council and separately appointed me as Integrity Commissioner under section 223.3 of the Municipal Act, 2001. Integrity Commissioner 2017 Annual Report Integrity Commissioner 2 2017 Annual Report under them; providing advice to councils on other policies and procedures that relate to the ethical behaviour of members; providing information to the public on codes of conduct and the obligations of members under the codes; submitting an annual report to each council; and conducting independent investigations of complaints alleging that a code of conduct has been contravened. 2. Guidance and Advice While the Integrity Commissioner's independent investigative role is extremely important, it has been observed that the investigation of potential contraventions is a last resort. Ideally, members should act ethically and in compliance with codes so that a contravention never occurs. To this end, the Integrity Commission plays a vital "proactive" role, providing advice and guidance to promote ethical compliance across the Region and the local municipalities. 2.1 Confidential Guidance One of the Integrity Commissioner's roles is to provide confidential guidance to individual members of councils. While all members of councils are encouraged to reach out to the Integrity Commissioner, some seek guidance while others do not. In 2017 1 provided guidance to three different council members from two local municipalities. It is important that members be able to rely on advice received from the Integrity Commissioner. While I consider myself to be always bound by advice that I provide to a member, in the interest of transparency and certainty that principle should be enshrined in each code of conduct. For example, Toronto includes the following provision in its code of conduct: "Any written advice given by the Integrity Commissioner to a member binds the Integrity Commissioner in any subsequent consideration of the conduct of the member in the same matter as long as all the relevant facts known to the member were disclosed to the Integrity Commissioner." I recommend that Regional Council and local councils amend their codes to include a similar provision. I also provided guidance to the administration of some municiapalities: x I provided guidance to three municipalities on amendments to their council codes of conduct. x I provided guidance to a municipality on its employee code of coduct. x I provided guidance to a municipality on the application of its employee code of conduct to a particular situation. Integrity Commissioner 2017 Annual Report Integrity Commissioner 2017 Annual Report x I provided guidance to several municipalities on the portions of Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2017, related to codes of conduct, integrity commissioners and the Municipal Conflict of Interest Act. 3. Internal Outreach, Education and Training During 2017 1 conducted the following internal outreach, education and training: x Monday, October 16: Town of Whitby Council Education and Training Session 4. Complaints and Investigations An important component of the Integrity Commissioner's role is to receive complaints (from councils, members of councils and members of the public) and to conduct independent investigations to determine whether contraventions have occurred. In the event of a contravention the Integrity Commissioner makes a penalty recommendation (reprimand or suspension of up to 90 days' pay) to council and council has sole responsibility to decide whether the penalty should be imposed. 3 Not all complaints are investigated. Some complaints relate to rules and laws (e.g., Municipal Freedom of Information and Protection of Privacy Act) other than the Code of Conduct. Some complaints fail to contain sufficient grounds to investigate. The Integrity Commissioner may also decline to investigate if a complaint appears to be frivolous, vexatious or made in bad faith. I issued a total of three investigation reports covering complaints received in 2017. Two of those investigation reports were issued in 2018. Muncipality Investigation. Reports . Regional Municipality of Durham 2 0 2 Township of Brock 0 0 0 Municipality of Clarington 0 0 0 City of Pickering 0 0 0 Township of Scugog 1 0 1 Township of Uxbridge 0 0 0 Town of Whitby 0 0 0 Integrity Commissioner 2017 Annual Report Integrity Commissioner 2017 Annual Report 5. Public Outreach Another important role is to provide information to the public about codes of conduct and the obligations of members under the codes. This involves direct contact with members of the public and on occasion with the news media. While accessibility to the public is an essential aspect of my role, there are certain boundaries that I do not cross: x I cannot assist anyone to draft a complaint against a member. I limit my role to sending out copies of the Code of Conduct and the Complaint Protocol. x While I can give general information about the Code to the news media and public, I cannot comment on specific cases, real or hypothetical. (For example, will not answer "Would it be appropriate for Councillor X to do Y?" or "Did Councillor A contravene the Code by doing B?") The only individuals to whom provide specific advice in individual cases are the individual councillors. x Similarly, I will not give advice to one member of a council concerning the conduct of another member of a council. E x I will not comment to the news media on the conduct of an ongoing investigation, nor even whether an investigation is occurring. Once a report to council is submitted, I let the report speak for itself and will not answer news media questions about it. An exception is made if a council instructs me to explain my report to the media. x If a news media inquiry were to relate to a municipal program or service, then I would refer the journalist to the appropriate municipal spokesperson. 6. Recommended Code of Conduct Amendments In my experience, it is not always obvious upon initial review of a Complaint that there are insufficient grounds for an investigation. Sometimes this becomes apparent only after an investigation has commenced and the Integrity Commissioner has the opportunity to consider not just the Complaint but also the Response and the Complainant's Reply. In Durham Region Report 2017-02, 1 recommended that the Region's Complaint Procedure be amended to confirm that the Integrity Commissioner has the discretion to discontinue an investigation at any point. Specifically, I recommended that the Region's Complaint Procedure be amended by replacing section 4 in its entirety: Current: 4. Refusal to Conduct an Investigation 4.1 If upon review of a Complaint, the Integrity Commissioner is of the opinion that the Complaint is frivolous, vexatious or not made in good faith, or that there are no or insufficient grounds for an investigation, the Integrity Commissioner will not conduct an investigation and shall communicate this position in writing to the Integrity Commissioner 2017 Annual Report Integrity Commissioner 2017 Annual Report 5 Complainant and the member identified in the Complaint Form/Affidavit. The Integrity Commissioner is under no obligation to prepare a report for any matters that he or she summarily dismisses or determines not to investigate. Recommended: 4. Refusal to Conduct an Investigation / Discontinuance of Investigation 4.1 If upon review of a Complaint, or at any time during an investigation, the Integrity Commissioner is of the opinion that the Complaint is frivolous, vexatious or not made in good faith, or that there are no or insufficient grounds for an investigation, the Integrity Commissioner shall not conduct an investigation or shall discontinue the investigation and shall communicate this position in writing to the Complainant and the member identified in the Complaint Form/Affidavit. The Integrity Commissioner is under no obligation to prepare a report for any matters that he or she summarily dismisses or determines not to investigate or after an investigation is discontinued. Respectfully submitted, Guy iorno Integrity Commissioner Regional Municipality of Durham Township of Brock Municipality of Clarington City of Pickering Township of Scugog Township of Uxbridge Town of Whitby June 26, 2018 Integrity Commissioner 2017 Annual Report Clarington CAO Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: & R X Q F L O Date of Meeting: - X O \ Report Number: & $ 2 Resolution: File Number: By-law Number: Report Subject: Clarington Task Force on Affordable Housin Recommendations: 1. That Report CAO -009-18 be received; 2. That the Terms of Reference for the Clarington Task Force on Affordable Housing (Attachment #1) be approved; 3. That the following individuals be appointed to the Clarington Task Force on Affordable Housing: Councillor Partner Councillor Hooper Henry Wildeboer, Former Pastor Bob Malone, Newcastle & Bond Head Ratepayers Association Sylvie Parker, Orono Community Collective Selena Blake, DAFRS Milt Dakin, Forestree Place Anthony Adrien, CMHC Mary Bone, CEO, Habitat for Humanity Charlie Trim, Parkview Lodge Joyce Kufta, Parkview Lodge 4. That all interested parties listed in Report CAO -009-18 and any delegations be advised of Council's decision. Municipality of Clarington Report CAO -0 8 -1 Report Overview Page 2 The purpose of this report is to provide Terms of Reference for the Clarington Task Force on Affordable Housing for Council's consideration. 1. Background 1.1 On June 18, 2018, General Governance Committee passed Resolution #GG -352-18 which provided as follows: Whereas the Council of the Municipality of Clarington is committed to addressing the increasing issue of providing suitable and affordable housing needs for their residents; and Whereas more affordable rental housing for both low and moderately -low income households is required, and Whereas the requirement for seniors housing needs should be broader to support and address seniors financially and physically, Therefore be it resolved: That the Council of the Municipality of Clarington support the implementation of the Regional Municipality of Durham's Affordable and Seniors' Housing Task Force; That the Chief Administrative Officer or a designate be directed to take part in the Interdisciplinary Tactical Team (referenced in the Regional Municipality of Durham's Affordable and Seniors' Housing Task Force Report); That the Council of the Municipality of Clarington form a Clarington Task Force on Seniors' and Affordable Housing which will assist with the support, creation and maintenance of affordable housing; That Councillor Wendy Partner and Councillor Ron Hooper be appointed as representatives to the Clarington Task Force on Seniors' and Affordable Housing; and That Staff report back with proposed Terms of Reference for the Clarington Task Force on Seniors' and Affordable Housing. 1.2 This report responds to the direction given to staff in this resolution. 2. Discussion 2.1 The Terms of Reference for the Clarington Task Force on Affordable Housing (Attachment #1) are based on the Municipality's standard terms and are generally consistent with the Terms of Reference for the Regional Municipality of Durham's Affordable and Seniors' Housing Task Force. Municipality of Clarington Page 3 Report CAO -0 8 -1 2.2 The Terms of Reference provide for a maximum of 14 voting members, with at least 2 but not more than 3 Council members. 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the Terms of Reference (Attachment #1) be approved and that the individuals listed be appointed to the Task Force. 5. Strategic Plan Application Not applicable. Submitted by. - Andrew C. Allison, B. Comm, LL.B, CAO Staff Contact: Andrew Allison, Chief Administrative Officer, 905-623-3379 ext. 2002 or aallison@clarington.net Term of Reference Clarington Task Force on Affordable Housing Background Following an Official Visit and Roundtable Discussion with the Lieutenant Governor Elizabeth Dowdeswell on January 29, 2018, a Task Force on Affordable Housing was formed. Mandate The Clarington Task Force on Affordable Housing shall provide advice, comments and recommendations to Council on issues related to affordable rental housing for both low and moderately -low income households and seniors housing needs to support and address seniors both financially and physically. Scope of Activities x Assist with the support, creation and maintenance of affordable housing with particular emphasis on affordable housing for seniors; x Provide advice, comments and recommendations on issues related to affordable housing; x Build relationships between Municipal staff, Regional staff, developers and the community; x Foster a greater understanding of the need and commitment to address the issue of providing suitable and affordable housing for our residents; x Provide an opportunity to meet with various partners to raise awareness and address barriers; x Consult with other groups and/or Task Forces on issues of mutual interest. Membership and Representation The Task Force shall be comprised of a maximum of 14 voting members including at least 2, but not more than 3, members of Council. A maximum of 11 citizen members may be appointed. Citizen appointments should represent a broad range of interests in the community. Responsibilities and Obligations of Members All Task Force members shall abide by these Terms of Reference. Members must also be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded to various options and perspectives. The Task Force and its members shall not act outside of the mandate and advisory capacity of the Task Force. Should a Task Force member wish to comment on an issue that is within the mandate of another Council Task Force, the Chair shall consult with the responsible liaison and the Chair of the other Task Force. Chair and Vice -Chair The Task Force shall select a Chair and Vice -Chair from among its members. The Chair shall provide leadership to the Task Force, ensure that the Task Force carries out its mandate and act as liaison between the Task Force and staff. The Chair shall set the agenda for each meeting. In the Chair's absence, the Vice -Chair shall assume the position and responsibilities of the Chair during this time. The Chair may speak on behalf of the Task Force to Council or the public. Other members shall not act or speak on behalf of the Task Force without prior approval of the Task Force. Conflict of Interest Members of the Task Force must abide by the Municipal Conflict of Interest Act. Public Participation All Task Force meetings are open to the public. Members of the public are not permitted to participate in Task Force discussions but may appear as a delegation before the Task Force. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation at a Task Force Meeting must advise the staff liaison. The Chair may eject any member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive and disrespectful. Meetings Task Force meetings will generally be held in the Municipal Administrative Centre, although meetings may occasionally be held elsewhere if deemed necessary or appropriate by the Chair. The Task Force will generally meet monthly. Additional meetings may be required based on the work of the Task Force. This is an ongoing advisory Task Force, therefore, no set timelines have been established. Quorum shall consist of a majority of sitting members. Staff Support Heather Keyzers, Community Coordinator, Mayor's Office will liaise and attend Task Force meetings to take minutes and assist further as needed. Minutes of the Task Force meetings shall be provided to Council. The CAO or designate shall be the liaison between the Task Force and the Region of Durham's Affordable and Seniors' Housing Inter -Disciplinary Tactical Team. Other members of Municipal staff will provide support as necessary. Clarington Council Meeting July 3`d, 2018 RE: SOPER CREEK WALKING TRAILS: PHASE 2 AND 3 PROPOSED My name is Dennis Roberts and I live, along with 189 Sprucewood Cres in Bowmanville. On June 13`h, 2018, my wife and I attended the Information session put on by the Municipality of Clarington at John M James Public School. At this session, we were shown 2 PROPOSED walking trails (Phase 2 and 3) along the Soper Creek Valley. We were shocked to see how close the trail (Phase 3 in our case) gets to our home and backyard chain link fence and pool. Our neighbours, as well, are affected the same way. at Our neighbours and ourselves are very concerned about increase in: • Theft • Trespassing • Noise Pollution • Littering • Illegal activities and drug use • Increase Break and Enters into out homes and property • Teen Bush Parties and the aftermath • Increased Street traffic and Parking to access the trails • Property Devaluation as we have paid a high premium to enjoy no neighbours behind and one of the last untouched creek valleys in Bowmanville, Home to Deer, Beavers, Rabbits, Water Foul, etc. • Vandalism (like we have witnessed at Camp 30) Out of the glow of street lights • Graffiti on our properties/sheds/fences • Increase in Grass Fires (we get now about one every 2-3 years, just ask the fire dept.) • Safety of our pets and children in our own backyards We were told at the Information session, that Phase 2 of the Walking Trails is budgeted at $400,000 this Fall and safe to assume another $400,000 for the proposed Phase 3 in 2019. 1 think we can spend this money elsewhere like replacing the numerous dead or dying trees along our neighbourhood boulevards. We are told this is about 3 years away from getting completed. We have been waiting years already. The StreetScape is dismal to say the least due to all the dead trees. I invite you to drive down Guildwood Dr and Sprucewood Cres, and see for yourselves I can appreciate and like walking trails, like the ones at Bowmanville Creek (Valleys 2000) and by the Soper Creek Park and Visual Arts Centre as these trails do not get close to residents. They feel more like a walk in the park and not invading on someone's privacy as will be the case for us with these proposed trails. The people walking or biking these new trails will feel awkward being so close to our once private backyards. Myself and my neighbours have reached out to this Council by emails and calls and some "in person" conversations. Thank you to those of you that have replied and commented. Thank you to Councillor Steven Cooke and Councillor Corinna Traill for bringing this Special Motion before you today, at our request, to stop the Proposed Trails (Phase 2 and 3) and re -look at other options to avoid them being so close to our homes. For example, on the other side of Soper Creek and use the "Loop" around the proposed Jury Lands as a "hub" as that area is the main attraction. Perhaps part of this budget of approx. $800,000 could be set aside to maybe purchase some of Kaitlin Group's land to allow for the new walking trails on the east side of Soper Creek. So, myself, my family and my neighbours, all of whom are your constituents, are asking you, our Councillors and Mayor, to please vote to carry and accept the Special Motion before you. SPECIAL MOTION: Whereas Phase 2 of the Soper Creek trail was approved in the capital budget for an allocation of $400,000; Whereas new information has been introduced by residents with respect to formation and location of the second and third phases of the trail; Therefore, be it resolved that this matter be referred to Staff for further public consultation and input and that no public funds be expended until the consultation is completed and a full report is presented to Council. Thank you very much for your time, attention and consideration Dennis Roberts 905-259-9531 From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Addition to Meeting Agenda Date: June -29-18 2:32:06 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of JC Dougan Sent: June -29-18 11:32 AM To: Council <council@clarington.net> Subject: Addition to Meeting Agenda I'm running to urge you to support Corrina Traill's special motion on July 3rd regarding the Sopper Creek Trail. We need your support to have this item added to the agenda for the July 3rd meeting as it is time sensitive that this issue be addressed. I look forward to your support in this matter. Thank you Origin: hUs://www.clarington.net/en/town-hall/meet-your-councillors.asl2 This email was sent to you by JC Dougan<jc.dougan@royallepage.ca> through haps://www.clarinZon.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Concerns with Soper Creek Trail Date: June -29-18 2:34:53 PM -----Original Message ----- From: info@clarington.net [mailto:info@clarington.netI On Behalf Of Abbie Wright Sent: June -26-18 10:08 AM To: MayorsExternalMailGroup <mayor@clarington.net> Subject: Concerns with Soper Creek Trail I am emailing you today because I'm very concerned with the proposed Soper Creek Trails, specifically with how close the trail will be to our homes. We already have a problem with vandalism and underaged drinking at Guildwood Park throughout the summer and very often will have the police having to drive through the park with spot lights to "scare them off'. The police helicopter is used almost weekly to deal with problems throughout Camp 30, sometimes for hours with the spotlights going. We now have to listen to the automatic warning systems for trespassers at Camp 30 which can very clearly be heard from our backyards and last summer went off many times an hour, all hours of the day and night. Now if you add this trail system the problems are only going to get worse! I am not at all comfortable with having the trails that close to my house, especially given the problems we already have in the area! This is absolutely going to become an issue of concern with the upcoming elections this fall and I will be campaigning door-to-door regarding this issue and how it's handled. As the mother of three teenage daughters and a husband who works nights and isn't home at night this matter is incredibly important to us and our safety! Please do not allow this proposal to continue until there is a new plan to move the trail away from our homes!! Thank you. Abbie Wright Origin: htWs://www.clarington.net/en/town-hall/meet-your-councillors.asp This email was sent to you by Abbie Wright<adwright@rogers.com> through haps://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Opposition to the Phase 2-3 Soper Creek Trail Date: June -29-18 2:34:33 PM -----Original Message ----- From: info@clarington.net [mailto:info@clarington.netI On Behalf Of Shelley Thomas Sent: June -26-18 1:02 PM To: MayorsExternalMailGroup <mayor@clarington.net> Subject: Opposition to the Phase 2-3 Soper Creek Trail Dear Mayor Adrian Foster, We strongly oppose the construction of the phase 2/3 Soper Creek trail on the west side of Soper Creek. When we purchased our house and built backing onto Soper Creek we were reassured multiple times that the land behind our home was a protected environmental area. Our concerns are: 1- Increased garbage, vandalism and theft. We have already had items stolen off our front porch with the increased traffic using the pathway heading over the creek to Camp 30. 2- Increased traffic and street parking on our street from those using the pathway has created a big safety concern for the children in our community. We want this plan cancelled this year and for our whole neighbourhood to be involved in any possible plans in the future. After all is said and done, we are the ones that are going to be left to deal with the garbage, vandalism, thefts and traffic safety concerns. 3- We are saddened by the lost educational opportunity with the condition of Camp 30. The site has great potential: Historical tours (with parking supplied on Camp 30 site), recreational fields, trails, etc. Planning these potential trails on the Camp 30 site or in the future residential sites on the east side of the creek (outlined in the notice left in my door) gives future home owners in those developments advance notice of possible trails going in. Then they can make an informed decision on whether they wish to have a public trail in their backyard. These decisions need to include those affected. Concerned residents, Shelley and Scott Thomas Origin: hLt.ps://www.clarington.net/en/town-hall/Mayor.asl2 This email was sent to you by Shelley Thomas<ssmnthomas@hotmail.com> through https://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Proposed Soper Creek Trail Date: June -29-18 2:32:44 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of Anne Black Sent: June -28-18 7:12 PM To: Council <council@clarington.net> Subject: Proposed Soper Creek Trail I (Anne Black) support the following special motion put forth by Councillor C. Trail. "Whereas Phase 2 of the Soper Creek trail was approved in the capital budget for an allocation of approximately $400,000; Whereas new information has been introduced by residents with respect to formation and location of the trail; Therefore be it resolved that this matter be referred to Staff for further public consultation and input and that no public funds be expended until the consultation is completed and a full report is presented to Council." Origin: hUs://www.clarin,gton.net/en/town-ball/meet-your-councillors.asl2 This email was sent to you by Anne Black<mike.anne@rogers.com> through bUs://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Soper Creek Trail Phase 2 and 3 Date: June -29-18 2:33:36 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of Krista Witherspoon Sent: June -27-18 3:31 PM To: Council <council@clarington.net> Subject: Soper Creek Trail Phase 2 and 3 I support the concern for the sober Creek Trail project. I am asking that the special motion be supported to pull the trails from this year's budget and asked off to come back with a new plan which does not go so close to our homes. As a neighbor, I am concerned about the potential for increased garbage, graffiti, vandalism, and break and enters. Please support this agenda item for the July 3rd meeting. Origin: hUs://www.clarington.net/en/town-hall/meet-your-councillors.asp This email was sent to you by Krista Witherspoon<ktwitherspoon@sympatico.ca> through htips://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Soper Creek Trail Phase 2 Date: June -29-18 2:32:34 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of Michael Black Sent: June -28-18 8:47 PM To: Council <council@clarington.net> Subject: Soper Creek Trail Phase 2 I would respectfully ask that you please support the following motion at the July 3rd Council meeting. Whereas Phase 2 of the Soper Creek trail was approved in the capital budget for an allocation of approximately $400,000; Whereas new information has been introduced by residents with respect to formation and location of the trail; Therefore be it resolved that this matter be referred to Staff for further public consultation and input and that no public funds be expended until the consultation is completed and a full report is presented to Council. Origin: htWs://www.clarington.net/en/town-hall/meet-your-councillors.asl2 This email was sent to you by Michael Black<meblack66@yahoo.ca> through htips://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Soper Creek Trail Phase Two and Three Proposal Date: June -29-18 2:37:45 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of Alana Williamson Sent: June -25-18 11:44 AM To: Council <council@clarington.net> Subject: Soper Creek Trail Phase Two and Three Proposal I, as a resident of Guildwood Drive, am very concerned about the proposed construction of Soper Creek Trail Phase 2 and 3 and ask that you please support Councillor Corinna Traill in her Special Motion to pull the pathway from this years budget and ask staff to come back with a new plan which does not have the path so close to our homes or move the pathway to the east side of the creek. By encouraging more foot and bike traffic, there is a major potential for increased vandalism, graffiti, break and enters, as well as garbage that will pollute the land and creek. We purchased this home as a premium lot and not one resident along the ravine has a privacy fence. With the path so close to the homes, we are extremely concerned about our security, safety and privacy. Does this mean that we as residents have to put up our own privacy fences at a cost to us? Please consider the negative impact on the land, creek and residents that this trail will bring and please support the Special Motion for the upcoming meeting. Sincerely, Alana Williamson 165 Guildwood Drive 905-447-2281 Origin: hiips://www.clarington.net/en/town-hall/meet-your-councillors.asp This email was sent to you by Alana Williamson<alana_williamson@hotmail.com> through hUs://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Soper Creek Trail Date: June -29-18 2:36:40 PM -----Original Message ----- From: info@clarington.net [mailto:info@clarington.netI On Behalf Of Terry Snooks Sent: June -25-18 8:13 PM To: MayorsExternalMailGroup <mayor@clarington.net> Subject: Soper Creek Trail Mr. Mayor There is a special motion being put forward by Councillor Corinna Traill requesting that the Soper Creek Trails be pulled from this years budget and staff will be directed to return with a new plan that does not go so close to our homes. I am a long time resident and our home backs on to Soper Creek. I am asking that proper dialogue combined with good engineering take place here and the delay be allowed. Regards Terry Snooks Origin: httl2s://www.clarington.net/en/town-hall/mayor.asp This email was sent to you by Terry Snooks<terry_snooks@hotmail.com> through https://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Soper Creek Trail Date: June -29-18 2:36:56 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of Terry Snooks Sent: June -25-18 8:08 PM To: Council <council@clarington.net> Subject: Soper Creek Trail Would like to be sure that proper consideration is given to a special motion being put forward by Councillor Corinna Traill. The motion "Is to pull the trail from this year's budget and ask staff to come back with a new plan which does not go so close to our homes." My home backs onto Soper Creek and I am asking that fair dialogue backed with reasonable engineering decide the outcome. Origin: https://www.clarington.net/en/town-hall/meet-your-councillors.asp This email was sent to you by Terry Snooks<terry_snooks@hotmail.com> through https://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Soper Creek Trails Date: June -29-18 2:35:11 PM -----Original Message ----- From: info@clarington.net [mailto:info@clarington.netI On Behalf Of Brent Fletcher Sent: June -26-18 8:24 AM To: MayorsExternalMailGroup <mayor@clarington.net> Subject: Soper Creek Trails Hi Recently I wrote to a letter to each councilor in regards to the proposed Soper Creek Trail on the east side of Bowmanville. The concerns of the local residents has been supported by Councilors Corinna Traill and Steven Cooke. Councilor Trail has brought forth a motion to suspend the current timeline for this trail to allow more consultation and discussion. I am writing to you asking that you support this motion to suspend the timeline for the proposed trail and allow this item to be brought forward as an agenda item at a council meeting. Thank you Brent Fletcher Origin: htWs://www.clarington.net/en/town-hall/meet-your-councillors.asp This email was sent to you by Brent Fletcher<fletcherfamily@sympatico.ca> through https://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Soper Creek Walking Trails Date: June -29-18 2:35:26 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of Dennis Roberts Sent: June -25-18 9:14 PM To: Council <council@clarington.net> Subject: Soper Creek Walking Trails Hello Councillors I am a resident on Sprucewood Cres and the proposed Walking Trail Phase 3 is planned to go just on the other side of my chain link fence. I am asking you to please reconsider the location of these trails as they get way too close to our backyards. I am very concerned about, theft, trespassing, littering, increased grass fires, illegal behaviour, increase in break and enters and possible home invasions, Teen Bush Party traffic and garbage, graffiti, no parking provided to accommodate the increased use of the EP Lands and our properties devalued due to close proximity of the trails Literally about 1-2 feet off my back yard fence and pool. I am asking you ALL to please vote to accept Councillor Traill's Special Motion at the upcoming Council Meeting July 3rd. I think until the Jury Lands Proposal is more definite and for sure that the walking trials be put on hold until such time. Or at very least please move the walking trails on opposite side of Soper Creek. People do not want to walk RIGHT BESIDE our backyards. Kind of an invasion of privacy. I hope you will take my concerns and most of my neighbours and take more time to take another look at the proposed Trails. Thank you very much Dennis Roberts, Cell 905-259-9531 Pls feel free to contact me directly anytime I appreciate your time. Origin: htWs://www.clarington.net/en/town-hall/meet-your-councillors.asl2 This email was sent to you by Dennis Roberts<dsroberts@rogers.com> through hUs://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Proposed Soper Creek Trail. Date: Friday, June 29, 2018 4:09:46 PM -----Original Message ----- From: info@clarington.net[mailto:info(c�r�clarington.netI On Behalf Of Brent Lassila Sent: June -29-18 3:47 PM To: MayorsExternalMailGroup <mayor@clarington.net> Subject: Proposed Soper Creek Trail. As discussed at public information meeting held at John M James on June 13, 2018,5 the close proximity of the proposed trail to many homes and the increase of foot traffic the trail would bring, raised a number of concerns including: Fires Flooding Environmental Impact Break and enter crimes Over the years there were a number of fires, started by people, have done extensive damage and in one in one instatants, came so close to the homes that the bushes in one residents backyard were burnt. Increasing the number people will also increase the likelihood that more fires will occur in the future endangering wildlife, people and homes. The south end of the Phase 3 of the trail enters the floodplain. Make no mistake when this creek floods it transforms from a gentle, meandering creek to a dangerous, fast flowing river. Building a paved walkway into this torrent, is to invite tragedy for our community and litigation for the town. Every year children drown because they venture too close to the edge of fast flowing creeks and rivers without an inviting trail to entice them. The proposed development on the east side of Soper Creek, as was shown at the the public information meeting at John M James P.S., will increase the environmental impact on Soper Creek. Litter and direct disturbance of local wildlife are of great concern. Soper Creek is the home of numerous forms of wild life including deer, cranes, ducks, coyotes and the salmon which lay their eggs in the creek every year. Steps need to be taken to reduce the impact of the inevitable increase of population not exasperated it. As your fellow councillor Steve Cooke will attest to, easy public access to the creek has and low visibility will lead to break ins and theft. The police will confirm that those individuals who are considering a criminal activity are emboldened when they are simply out of sight of others. I hope that you will support Corinna Traill in a Special Motion to shelve the proposed Soper Creek Trail. Origin: hUs://www.clarington.net/en/town-halUmayor.asj2 This email was sent to you by Brent Lassila<blassila@icloud.com> through https://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Proposed Soper Creek Trail Date: Friday, June 29, 2018 4:24:17 PM -----Original Message ----- From: info@clarington.net [mailto:info cnie clarington.netI On Behalf Of Phil Williamson Sent: June -29-18 4:24 PM To: Council <council@clarington.net> Subject: Proposed Soper Creek Trail I am a resident of Guildwood Dr and I am very concerned about the proposed path of Soper Creek. My concerns are the proximity of the path to the fence line in regards to vandalism, litter, safety and security. Due to the fact of none of the houses have a privacy fence. I am also concerned about the lack of parking for this path. We already have lots of traffic because of the park and splash pad. I request that you please support Corinna Traill's special motion to pull the path from this years budget. Thanks, Phil Williamson 165 Guildwood Dr 905 442-9800 Origin: hUs://www.clarington.net/en/town-hall/meet-your-councillors.asl2 This email was sent to you by Phil Williamson<Pawilliamson@rogers.com> through https://www.clarington.net/. From: Keyzers, Heather To: Gray, Samantha; Chambers, Michelle Subject: FW: Proposed Soper Creek TrIal Phase 2 & 3 Date: Friday, June 29, 2018 4:23:17 PM From: Brent Lassila [mailto:blassila@icloud.com] Sent: June -29-18 4:22 PM To: MayorsExternalMailGroup <mayor@clarington.net> Subject: Proposed Soper Creek Trlal Phase 2 & 3 I want to make you aware of the concerns regarding the proposed Soper Creek Trail Phase 2 & 3 which have be expressed by self and my neighbours. These concerns include: • Fires • Flooding • Environmental Impact • Break and enter crimes Over the years there were a number of fires, started by people, have done extensive damage and in one in one instatants, came so close to the homes that the bushes in one residents backyard were burnt. Increasing the number people will also increase the likelihood that more fires will occur in the future endangering wildlife, people and homes. The south end of the Phase 3 of the trail enters the floodplain. Make no mistake when this creek floods it transforms from a gentle, meandering creek to a dangerous, fast flowing river. Building a paved walkway into this torrent, is to invite tragedy for our community and litigation for the town. Every year children drown because they venture too close to the edge of fast flowing creeks and rivers without an inviting trail to entice them. The proposed development on the east side of Soper Creek, as was shown at the the public information meeting at John M James P.S., will increase the environmental impact on Soper Creek. Litter and direct disturbance of local wildlife are of great concern. Soper Creek is the home of numerous forms of wild life including deer, cranes, ducks, coyotes and the salmon which lay their eggs in the creek every year. Steps need to be taken to reduce the impact of the inevitable increase of population not exasperated it. As Councillor Steve Cooke will attest, easy public access to the creek has and low visibility will lead to break ins and theft. The police will confirm that those individuals who are considering a criminal activity are emboldened when their presence is obscured by the cover of darkness or are simply out of sight of others. Mr. Cooke has had lawn furniture stollen from his backyard and discover a stranger, who broke into his home eating out of his fridge. It is our hope that you will support the Special Motion to shelve Phase 3 on July 3, 2018, so that further consideration on the impact of the residents as well the impact to our diminishing natural areas can be carefully reexamined. It is not are intent to deny the public access to Soper Creek. There are hundreds of fishermen and other visitors who walk the creek every year and we have no complaints about that. We just do not want to pave a trail that does more harm than good. Surely there other things are taxes could be used for. Thank you once again for your support. My family and I will at the Council meeting on July 3, 2018, to show are suport for your Special Motion to shelve Phase 3 the proposed trail on Soper creek. Regards, Brent Lassila Integrity Commissioner File 2018-01 Page 1 of 16 Municipality of Clarington Municipality of Clarington Integrity Commissioner File 2018-01 REPORT ON COMPLAINT The Complaint An individual (the Complainant) alleged that Councillor Wendy Partner (the Respondent) breached sections 8.1, 8.3, 10.1 and 13.1 of the Municipality of Clarington Council Code of Conduct ("Code") by revealing confidential information, improperly influencing the actions of the municipal staff and misusing the influence of her office. The Complainant subsequently (June 10) made allegations of obstruction and reprisal contrary to sections 14.1 and 14.2 of the Code. Those issues are not addressed in this report. Summary of Findings After carefully considering the evidence obtained during the course of my investigation and the detailed submissions of the parties, I find that the Respondent contravened section 8.3 of the Code by interfering with the independence of a by-law enforcement investigation. do not find that section 13.1 of the Code was contravened. I am unable to find whether the Respondent contravened section 10.1 of the Code. I find that section 8.1 of the Code is not a provision that can be contravened. Background to Complaint This Code Complaint arises from the investigation and handling of a by-law complaint under Clarington Zoning By-law No. 2005-109 ("zoning by-law complaint"). More specifically, the Code Complaint is based on an allegation that the Respondent instigated the zoning by-law complaint and interfered with the zoning by-law investigation. On June 29, 2017, the municipality received a zoning by-law complaint, alleging that a sawmill and firewood business were being operated on a particular property contrary to the zoning by-law. By-law enforcement records show that the property was inspected three times following the complaint: August 14, September 7 and October 11. During the third inspection, the use of the property was determined to be compliant with the zoning by-law. On October 25, the zoning by-law investigation file was closed because no violation had been found. After the investigation was closed, the property was re -inspected on November 7 and November 8 and, for the first time, determined to be non-compliant. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 2 of 16 Municipality of Clarington On November 10, the property owners received a letter from one of Clarington's Municipal Law Enforcement Officers, stating that the municipality had received a complaint concerning the use of the property for processing and selling firewood. The letter clearly stated that commercial sale of firewood "is NOT a permitted use," and informed the owners that the use needed to be brought into conformity with the by-law or there was a risk of charges. On January 2, 2018, the property owner received confirmation from the municipality that the use of the property complied with all relevant by-laws. The Complainant does not own the property that was subject to the zoning by-law investigation. The Complainant is, however, a family member of the property owners. It is not necessary for me to specify exactly the family relationship. It is sufficient for me to note that they are family. The relevance of this will become apparent later in this report. Complainant's Allegations The Complainant states that the two-month period between the November 10 letter and the January 2 confirmation of compliance was one of considerable stress and anxiety for the property owners who faced the possibility of fines and other compliance costs. The Complainant alleges that during a November 22 phone call, the Respondent revealed her role in encouraging the filing and investigation of the zoning by-law complaint. Both the Complainant and the Respondent agree that they spoke by telephone that day, but there is considerable disagreement over what each one said or revealed over the course of this phone call. The Complainant alleges that the Respondent revealed, among other things: the name of the person who filed the zoning by-law complaint, specific details of the alleged violation and of the zoning by-law complaint, and that the Respondent was certain that a violation of the zoning by-law was, in fact, taking place. The Complainant points to this phone call as the basis for believing that the Respondent was the driving force behind the zoning by-law complaint. This phone call is also the basis for the Complainant's belief that the Respondent improperly attempted to influence Clarington staff members to pursue vigorously the zoning by-law complaint. The Complainant alleges that the Respondent's goal was to secure "preferential treatment of the [zoning by-law] complaint to benefit her friend and business associate" (the person who filed the zoning by-law complaint). I was also provided with a supporting letter (by the Complainant) from a witness who claims to have had a similar experience with the Respondent in the past. The Complainant believes that this establishes the Respondent's modus operandi of direct involvement in Clarington by-law enforcement matters. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Municipality of Clarington Respondent's Position Page 3 of 16 The Respondent disputes the Complainant's version of the phone call. She states that the Code Complainant already knew who had filed the zoning by-law complaint and, in fact, was first to reveal the identity during that phone call. She also denies having any special knowledge of the complaint and did not engage in any prolonged debate about the merits of the zoning by-law complaint because she claimed she was not familiar with the actual zoning. According to the Respondent, Clarington staff members do not take direction from Council Members. She denies ever having influenced staff members or interfered with their duties. The Respondent also denies being a close personal friend of the person who filed the zoning by-law complaint. Complainant's Freedom of Information Request The Complainant filed a Freedom of Information request to gain access to the emails between the Respondent and the Clarington staff regarding the zoning by-law complaint. I subsequently received copies of these emails from both the Complainant and the Clerk. The emails disclose a series of communications between the Respondent and, among others, the Manager of Municipal Law Enforcement for Clarington. In the email correspondence, the Respondent clearly expresses her "concern" about the land use and her surprise that the use in question would be permitted. In a subsequent email, the Respondent stated that she only wanted "to know the outcome when the issue is resolved" in order to be "at arm's length with any resident complaints." Mutual Animosity between the Parties During the course of this proceeding under the Code, it has been impossible to ignore the animosity between the Complainant and the Respondent. The cause and origin of the animosity are irrelevant to the Code Complaint. On the other hand, the existence of the animosity is relevant to my analysis under section 13.1 of the Code. Process Followed In operating under the Code, I follow a process that ensures fairness to both the individual bringing a complaint (Complainant) and the Council Member responding to the complaint (Respondent). The fair and balanced process I use is consistent with the requirements of the Complaint Procedure, which is Appendix "A" of the Code. The process includes the following elements: x The Respondent receives notice of the Complaint and an opportunity to respond. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Municipality of Clarington Page 4 of 16 x The Complainant receives the Respondent's Response and is given an opportunity to reply. x More generally, the process is transparent in that the Respondent and Complainant get to see each other's communications with me. x The Respondent is made aware of the Complainant's name. I do, however, redact personal information such as phone numbers and email addresses. x As a further safeguard to ensure fairness, I will not help to draft a Complaint and will not help to draft a Response or Reply. The Respondent received a draft copy of this report and was given an opportunity to comment on it. Her comments on the draft are reflected in this final report. Preliminary Issue One of the sections on which the Complainant relies is section 8.1 of the Code. I need to determine whether section 8.1 can be contravened and whether a Code Complaint can be based on section 8.1. Section 8.1 provides as follows: Every member acknowledges that staff operate under the direction of the senior municipal administration, and in accordance with the decisions of Council, and are required to serve the Municipality as a whole and not the needs or desires of any individual member. find that section 8.1 is merely a statement of principle. More precisely, it states as a fact that each Council Member acknowledges a principle (namely, the principle of the staff's accountability to Council as a whole). As a statement of principle, section 8.1 cannot be contravened and cannot be the subject of a Code Complaint. The Code is part of a by-law. Principles of statutory interpretation apply. As a general matter, a statement of principle in legislation does not create an obligation. It merely states the principle(s) that may be used to interpret obligations created elsewhere in the law: see Greater Vancouver Regional District v. British Columbia (Attorney General) (2011).' Section 8.1 is not worded in the form of a rule or obligation on Council Members that can be the subject of a complaint. As I have found, it is a statement of principle only. This principle is not an enforceable rule. Another reason that I am not prepared to treat section 8.1 as a binding rule is that it does not set out a clear and enforceable obligation. Council Members are subject to penalties if they contravene the rules in the Code; it necessarily follows that the rules 309 BCAC 124, 2011 BCCA 345 (CanLII), at para. 45: "Section 3(c) purports only to state a principle ... It is plain and obvious that s. 3(c) creates no legally enforceable obligation ..." Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 5 of 16 Municipality of Clarington must be clear, certain and unambiguous. Council Members must be able to understand clearly the conduct that is required. In this respect I refer to the observations of Integrity Commissioner Swayze in City of Brampton Report LO5 IN (May 12, 2015): In my experience members of councils in Ontario are busy people serving their community and want certainty in the interpretation of the many rules that apply to them. A code, by definition, is a set of rules of behaviour and should not be interpreted by each councillor according to subjective values. The rules need to be clear and where possible, capable of only one meaning. [emphasis added] While I do not agree that being busy is relevant to interpretation of the Code, I accept and adopt Integrity Commissioner Swayze's comments about the need for clarity, certainty and lack of ambiguity in the rules. This is another reason for me to find that section 8.1 cannot be contravened and therefore cannot give rise to a Code Complaint. Issues Apart from the preliminary issue, my investigation considered the following additional questions: A. Did the Respondent interfere with the duties of municipal staff, contrary to section 8.3(c) of the Code? B. Did the Respondent revealed confidential information in her phone call with the Complainant, contrary to section 10.1 of the Code? C. Did the Respondent improperly use the influence of her office, contrary to section 13.1 of the Code? Submissions of the Parties The parties' submissions are detailed and I considered them in their entirety. The following summary captures highlights of their positions and is not exhaustive. The Complainant believes that the Respondent instigated the zoning by-law complaint and sought to influence the investigation that followed by communicating with Clarington's staff. As evidence of this, the Complainant cited the Respondent's considerable knowledge of the zoning by-law complaint, which she allegedly disclosed over the course of a phone call. The Complainant submits that this is part of a pattern of direct involvement by the Respondent in by-law enforcement matters dating back several years. The Complainant also alleges that the Respondent breached the confidentiality provisions of the Code by disclosing (to the Complainant over the phone) the identity of the person who filed the zoning by-law complaint. The Respondent disputes the allegations and insists that the Complainant was first to reveal the identity of the person who had filed the zoning by-law complaint. She states Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 6 of 16 Municipality of Clarington that she only refers citizens to the municipality's by-law enforcement processes and does not then seek to influence those processes in an improper way. According to the Respondent, Clarington's staff members take direction from the municipality's senior management and not directly from Council Members. She says that she never attempted to give direction to any Clarington staff member regarding the zoning by-law complaint. In their respective submissions, both parties encouraged me to interview Clarington staff members to help determine what role, if any, the Respondent had in the zoning by- law complaint. The Evidence In coming to my conclusions I conducted interviews of relevant witnesses, reviewed emails and other relevant documents, considered the statements of the parties, and took into account other relevant evidence. I find as a fact that the person who made the zoning by-law complaint is not a personal friend of the Respondent. Other findings are set out below. Analysis and Further Findings A. Did the Respondent interfere with the duties of municipal staff, contrary to section 8.3(c) of the Code? Yes. Section 8.3 of the Code states: 8.3 No member shall, (a) maliciously or falsely injure or impugn the professional or ethical reputation of any member of staff; (b) compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity; or (c) use or attempt to further his or her authority or influence by intimidating, threatening, coercing, commanding or influencing improperly any staff member or interfering with that staff person's duties, including the duty to disclose improper activity. While section 8.3(c) deals generally with improper influence on or interference with the municipal staff, this Code Complaint specifically alleges interference and influence in the course of law enforcement. It is appropriate, therefore, to comment briefly on the roles of Council Members and the staff in the context of by-law enforcement. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 7 of 16 Municipality of Clarington Clarington is a democracy. Council Members are elected to office. As part of the political process, a Council Member is entitled to form views, to hold views, to express views and, once in office, to give effect to those views.2 At the same time, a Council Member's right to express views must respect the independence of law enforcement. Clarington's municipal law enforcement officers are appointed under subsection 15(1) of the Police Services Act. They are peace officers for the purpose of enforcing municipal by-laws3 and while in the discharge of their duties they are provincial offences officers .4 Their jobs involve discretion. While law enforcement officers have a duty to enforce the law, they also have a duty to exercise their discretion, including the discretion to write or not to write a ticket, or to pursue or not to continue an investigation.5 This discretion is not absolute; for example, the Supreme Court of Canada has stated that a decision based on favouritism, or on cultural, social or racial stereotypes, is not a proper exercise of discretion .6 Nonetheless, police discretion (or, in this case, the discretion of by-law officers) is an essential element of the justice system.' Another essential principle is the independence of law enforcement officers.$ This principle underpins the rule of law.9 Independence means that a law enforcement officer cannot be subject to political direction in deciding whether to lay a charge or whom to charge with an offence.10 Politicians must respect the independence of law enforcement officers. A Council Member must not try to influence the disposition of a specific by-law enforcement case. The fact that a Council Member is communicating about a by-law enforcement matter does not necessarily mean that the Council Member has overstepped his or her role. The answer depends on whether the Council Member is impermissibly interfering on the case or is properly communicating. In the context of a zoning by-law complaint, it is appropriate for a Council Member to hold an opinion on the matter, especially if it relates to use of property within her ward. A Council Member may hold an opinion. What she must not do is to interfere with the independence of those responsible for by-law enforcement. 2 Re Cadillac Development Corp. Ltd. and City of Toronto (1973), 1 O.R. (2d) 20 at 43, cited with approval by Old St. Boniface Residents Assn. Inc. v. Winnipeg (City), [1990] 3 S.C.R. 1170, at 1193. 3 Police Services Act, subs. 15(2). 4 Provincial Offences Act, subs. 1(1), definition "provincial offences officers," clause (d). 5 R. v. Beaudry, 2007 SCC 5, [2007] 1 S.C.R. 190 at para. 37. 6 Ibid., at para. 38 Ibid., at paras. 51, 86. 8 R. v. Campbell, [1999] 1 S.C.R. 565. 9 Ibid., at para. 29. 10 Ibid., at para. 33 Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 8 of 16 Municipality of Clarington Council Members receive monthly reports on by-law enforcement activity involving their wards. (My understanding is that these reports are for information only, and not so the Councillors can intervene in the enforcement process.) Without having received such a report, the Respondent was already aware of the zoning enforcement issue involving the Complainant's family. Email records indicate that: x Around November 2 or 3, the Respondent contacted the Clerk and/or the Manager of Municipal Law Enforcement to ask why the zoning by-law enforcement issue involving the Complainant's family was not on the most recent monthly report. x The Respondent was aware not only of the nature of the allegation (sawmill operated contrary to zoning) but that the property belong to the Complainant's family. In fact, on the emails the property owners were not referred to by their own names but by their relationship to the Complainant. (At least one email incorrectly named the Complainant as the property owner.) x On November 6 the Respondent again told the Clerk that (in the Clerk's words) "there are some by-law issues that she is affiliated with that did not hit her monthly report." The same morning, November 6, the Manager of Municipal Law Enforcement emailed the Respondent about the status of the investigation into the zoning by-law complaint. According to the Manager of Municipal Law Enforcement:" An Officer has investigated the saw mill and determined that no operations are contrary to our Oak Ridges Moraine Zoning By-law [No. 2005-109]. ... After discussions with the Officer, they were going to follow up with planning to confirm their findings. The Respondent sent an email reply the afternoon of the same day. It read, in part, as follows: Thank you ... I appreciate being added to this file. The saw mill that is operating in the [name removed by Integrity Commissioner] farm is a huge concern as it is a commercial use that should not be taking place. I can't believe we allow this. I would like to be in the loop as to what we are doing or if it is within the Planning by-laws. This email was subsequently forwarded, by the Manager, to the Municipal Law Enforcement Officer directly handling the investigation. I note that the Respondent's November 6 email expresses inconsistent sentiments. On the one hand, in respect of the zoning by-law, it says the current use of the property "should not be taking place" [and] "I can't believe we allow this." On the other hand, in 11 In quoting from documents, my practice in an investigation report is to correct obvious spelling errors without drawing attention to the correction unless the correction is material. This report also makes some edits to punctuation and capitalization for consistency. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 9 of 16 Municipality of Clarington respect of the planning by-law, the Respondent merely asked to be kept in the loop and stated no position. It is essential to be reasonable and fair when reviewing Council Members' communications. As was noted in the investigation report in Town of Orangeville File 2017-03: It is important to remember that Council Members, when they send emails, use the language of ordinary people and not of legal drafters or judges. It would be inappropriate, therefore, to pick apart the wording of a Council Member's email as if it were a legal contract or a judicial decision. A fair and reasonable interpretation of the Respondent's words suggests that there was an attempt to influence a zoning by-law investigation. According to the email, she was unsure of the planning implications, but in respect of zoning, which was the matter under investigation — what was supposed to be an independent investigation — she said the current use should not be taking place and she could not believe it was allowed. I find that this portion of the Respondent's reply was an inappropriate attempt to influence the by-law enforcement process. At the time of the Respondent's email, the property had been investigated and determined to be compliant, and the investigation had been closed. The investigation obviously was re -opened, because the property was re -inspected the day following the Respondent's email. Thus, at the time of the Respondent's email, the enforcement proceeding was either ongoing or about to be re -opened. In any event, whether the zoning by-law investigation was still ongoing or had already been completed, it was not appropriate to make statements to the Manager of Municipal Law Enforcement about what the result of the investigation should be. That is essentially what the Respondent's November 6 email communicated. I find that it breached section 8.3(c) of the Code. Despite what happened November 6, 1 find that the Respondent's subsequent communications with the by-law enforcement staff were respectful of their independence. For example, on December 6, she sent the Manager of Municipal By-law Enforcement an email that read, in part: I only want to know the outcome when the issue is resolved as I prefer to be at arm's length with any resident complaints that involve by-law issues ... If you can just let me know the outcome I am good with that. This December 6 email was properly respectful of the independence of by-law enforcement and it did not contravene section 8.3(c). The by-law enforcement staff claims not to have felt any pressure as a result of the Respondent's interest in the file and did not consider her emails to be providing direction. The enforcement staff also stated that the investigation was conducted independently and in a manner consistent with past practice, and was not influenced by the Respondent's action. Nonetheless, the fact remains that a closed investigation was re -opened, and a property previously determined to be compliant was re -inspected and determined to be non-compliant, following receipt of the Respondent's email. (It should be noted that by-law enforcement records suggests that compliance status was re - Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 10 of 16 Municipality of Clarington evaluated upon the discovery, November 7, of a Kijiji advertisement of firewood for sale.) As a result, I find that a violation of section 8.3(c) of the Code occurred when the Respondent sent the November 6 email. While I note the claim that the Code violation had no impact on the by-law enforcement process, it is impossible to ignore that a closed investigation was re -opened and that property owners previously determined to be in compliance received a notice of non-compliance with the zoning by-law. I do note that, by December, the Respondent was respectful of the independence of by- law enforcement. B. Did the Respondent reveal confidential information in her phone call with the Complainant, contrary to section 10.1 of the Code? I make no finding whether the Respondent breached section 10.1 of the Code. Among other things, Section 10.1 requires that: No member shall, (a) disclose, release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so; (b) use confidential information for personal or private gain or benefit, or for the personal or private gain or benefit of any other person or body; (e) without lawful authority, disclose, or make personal use of, any of the following types of confidential information: (ii) information the publication of which may infringe on the rights of any person (e.g. source of a complaint where the identity of a complainant is given in confidence), (f) obtain access, or attempt to gain access, to confidential information in the custody of the Municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law. As previously mentioned, there is considerable disagreement between the two parties over what was said during the course of the November 22 phone call. The Complainant asserts that the Respondent, without any prompting, volunteered the name of the person who filed the zoning by-law complaint. The Respondent disputes this and claims that the Complainant was the first one to reveal the name during the phone call. The Complainant has a witness who claims to have been on the same phone call and is prepared to confirm that the Respondent disclosed the name first. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 11 of 16 Municipality of Clarington I am not in this circumstance able to reconcile the difference in recollections or to find conclusively what occurred. Given my finding on section 8.3, it is not necessary for me to do so. While I must conduct my own investigations under the Code and am not bound by the inquiries of any other person, I do note that the Clerk previously investigated whether the zoning by-law complaint had been subject to a confidentiality breach. The Clerk was unable to conclude definitively that confidentiality was breached and closed the investigation. C. Did the Respondent improperly use the influence of her office, contrary to section 13.1 of the Code? No. While there is some doubt about whether or not the Respondent persuaded a third person to make the zoning by-law complaint, I find that whatever the Respondent happened to do did not involve the influence of her office. Section 13.1 reads, in part, as follows: No member shall, (a) use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes; (b) use his or her office or position to influence or attempt to influence the decision of any other person, for the member's private advantage or that of the member's parent, child, spouse, staff, friend, or associates, business or otherwise; (c) attempt to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties ... There is evidence that the Respondent sought out a third person and cajoled and pestered that person to file the zoning by-law complaint on the Respondent's behalf. The person who filed the zoning by-law complaint was adamant that the Respondent initiated the discussion, the Respondent initiated the idea of making a zoning by-law complaint, and the Respondent repeatedly told the person to file the zoning by-law complaint. According to this person, the Respondent wanted the zoning by-law complaint filed but insisted that she (the Respondent) could not file it: Person: "Can't you do it?" Respondent: "No, you have to do it." I interviewed this person twice and, each time, the person described, in very clear and forceful language, that the Respondent's insistence on filing a zoning by-law complaint was harassing and unwanted. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 12 of 16 Municipality of Clarington On the other hand, the Respondent adamantly and strenuously denies instigating the zoning by-law complaint. In response to a draft of this Report, the Respondent stated: I can only reiterate the fact that [third person and associate] ... approached me at [location of third person] and asked if I was the Councillor for [location of property]. I said yes and from there [third person] proceeded to ask if it was legal to operate a business in an EP [Environmental Protection] Zone. My response was I could not believe that it would be but that would have to be taken up with Planning as they were the only ones that could really answer that with an accurate definition of what can and can't be done in an EP area. [Third person] proceeded to tell me pieces about his issue and I said he would have to report that to our Municipal By -Law Department. I told him I would let our By -Law Manager know there could be a complaint coming in but he would have to be the one to report the issue as I could not do anything. Our role as Councillors was to pass any complaint along to Staff. A few weeks later I ... again was stopped and again I said if it was truly an issue that he wanted investigated, he would have to make the complaint as I could not, it was a decision he would have to make on his own. ... I did NOT SEEK OUT [third person] in order to have such a complaint filed against the Complainant or [his family]. I have nothing to gain by searching for complaints from residents against other residents as Councillors we have enough complaints happen every day. We do not need to go looking for them. If I am asked by a resident to help them that is what I feel we are elected to do. I only gave him guidance as to what his options were if he was TRULY concerned ... and reiterated that if he was that concerned about this, he needed to follow through on his own with the complaint to By-law [Enforcement]. If he felt that I was "commanding" him to make a frivolous complaint, he should have said so and left me alone. He was persistent and insistent that I be the one who followed through with this. He contacted me every time. I did not seek him out, nor would 1. ... I never "cajoled nor pestered" anyone to file this zoning complaint. I would not have known anything about this had I not gone [to third person's location] that day. I was the one pestered and cajoled and find it hard to believe [third person] said otherwise. I was tired of being pestered every time I went to [third person's location] and said so. I reiterated he call himself and make the complaint if it truly was a concern he really had. This third person is not a party to this Code Complaint and never expressed any desire to become involved. I reached out to this person for an interview; until then, the person had no knowledge of my investigation. The person's comments to me are entirely consistent with the person's comments to the Clerk in December 2017, while the by-law investigation was taking place. Further, the person's recollection of conversations with the Respondent was clear, consistent and unshakeable. I gave the Respondent an opportunity to address the person's recollection of events, beyond the Respondent's general denial that she had instigated the zoning by-law complaint. The Respondent described a telephone call initiated by the person in order to seek the Respondent's advice, and suggested that this was what led to the zoning by- law complaint. Based on the Respondent's description of this phone call, I was subsequently able to establish that it occurred in December 2017 at least a month after Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 13 of 16 Municipality of Clarington the zoning by-law complaint had been made. In other words, the explanation was not relevant to the central issue, namely, whether the Respondent repeatedly spoke to this person before the zoning by-law complaint was filed. The Respondent and the third person have different recollections of whether the Respondent sought out this person, insisted, and eventually succeeded in having the person file the zoning by-law complaint. It is unnecessary to resolve the difference in their recollections because, even if the Respondent instigated the zoning by-law complaint, I find that the Respondent did not use the influence of her office within the meaning of section 13.1(a) of the Code. If the Respondent had used the influence of office then I would not hesitate to find a violation of section 13.1(a). I have already noted the mutual animosity between the Complainant and the Respondent. I have also noted that the Code Complainant is a family member of the property owners against whom the zoning by-law complaint was directed. The Respondent maintains that she did not know the identity of the owners of the property that was the subject of the zoning by-law complaint until long after the zoning complaint was filed. The emails that I reviewed indicate otherwise. The Respondent had considerable prior knowledge of both the use of the property and who owned it. The filing of a zoning by-law complaint directed against family of an individual with whom one has a negative relationship is not part of official duties and is not pursuant to a municipal purpose under section 13.1(a) of the Code. In particular, harming one's adversary or harming the family of one's adversary is not part of official duties and not pursuant to a municipal purpose under section 13.1(a) of the Code. cannot find, however, that in dealing with this third person the Respondent used the influence of her office. The third person's location and situation are such that the Respondent's office would have no influence on the person. The Respondent and the third person are known to each other through circumstances entirely unrelated to the Respondent's role as a Councillor. Assuming that the Respondent did pester and cajole the person into filing the zoning by-law complaint, I do not find that the influence of her office was what caused the result. I do not find that the Respondent contravened section 13.1(a) of the Code by using the influence of her office for a purpose other than for the lawful exercise of her official duties and other than municipal purposes. For the same reason, I do not find that the Respondent used her office or position in a manner contrary to section 13.1(b) of the Code. Recommendations Having found a contravention, I must recommend an appropriate consequence. To recap: I find that Councillor Partner contravened section 8.3. 1 do not find a contravention of section 13.1. 1 cannot find whether she contravened section 10.1. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Page 14 of 16 Municipality of Clarington In my view, several considerations are relevant to the appropriate response. On the one hand: x Interference with the exercise of staff's duties is particularly serious when by-law enforcement is involved. By-laws must be enforced independently and without political direction. x Following the Respondent's communication to the by-law enforcement staff, a closed by-law investigation was re -opened and an initial determination of compliance was reversed. On the other hand: x Councillor Partner did not persist in trying to interfere with the independence of a by-law enforcement investigation. Her later communications show respect for the independence of the process. x The by-law enforcement staff states that Councillor Partner's communication had no actual effect on the independence of the by-law enforcement investigation (despite the investigation being re -opened and an initial determination of compliance getting reversed). In all the circumstances, I believe that adoption of the finding of a contravention would be a sufficient consequence and that it is not necessary for Council to take additional action against Councillor Partner. I recommend to Council as follows: 1. That the finding that Councillor Partner contravened section 8.3 of the Code of Conduct be adopted. 2. That Council impose no penalty on Councillor Partner. 3. That following the 2018 election, all incoming Council Members (new and returning) receive training in their obligations under the Code of Conduct. Respectfully submitted, Guy W. Giorn'o Integrity Commissioner Municipality of Clarington July 2, 2018 Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Municipality of Clarington Page 15 of 16 APPENDIX A: RELEVANT PROVISIONS OF COUNCIL CODE OF CONDUCT 8. CONDUCT RESPECTING STAFF 8.1 Every member acknowledges that staff operate under the direction of the senior municipal administration, and in accordance with the decisions of Council, and are required to serve the Municipality as a whole and not the needs or desires of any individual member. 8.3 No member shall, a) maliciously or falsely injure or impugn the professional or ethical reputation of any member of staff; b) compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity; or c) use or attempt to further his or her authority or influence by intimidation, threatening, coercing, commanding or influencing improperly any staff member or interfering with that staff person's duties, including the duty to disclose improper activity. 10. CONFIDENTIAL INFORMATION 10.1 No member shall, a) disclose, release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so; b) use confidential information for personal or private gain or benefit, or for the personal or private gain or benefit of any other person or body; c) disclose a matter, the substance of the matter, and information pertaining to a matter, that has been debated or discussed at a meeting closed to the public, and shall be maintained as confidential, unless authorized by the Council or legislation to be released, generally or subject to conditions, and such are complied with; d) disclose the content of any matter referred to in the preceding paragraph or the subject -matter of deliberations at a meeting closed to the public meeting, unless such matter has been lawfully and knowingly discussed by Council at a meeting that is open to the public or where Council authorizes the release the information to the public; Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018 Integrity Commissioner File 2018-01 Municipality of Clarington Page 16 of 16 e) without lawful authority, disclose, or make personal use of, any of the following types of confidential information: information concerning litigation, negotiation or personnel matters, information the publication of which may infringe on the rights of any person (e.g. source of a complaint where the identity of a complainant is given in confidence), iii. price schedules in any contract, tender or proposal document while such remains a confidential document, iv. information deemed to be "personal information" under the Municipal Freedom of Information and Protection of Privacy Act, or V. any other information or statistical data required by law not to be released; and f) obtain access, or attempt to gain access, to confidential information in the custody of the Municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law. 13. NO IMPROPER USE OF INFLUENCE 13.1 No member shall, a) use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes; b) use his or her office or position to influence or attempt to influence the decision of any other person, for the member's private advantage or that of the member's parent, child, spouse, staff, friend, or associates, business or otherwise; c) attempt to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties; or d) hold out the prospect or promise of future advantage through the member's supposed influence within Council, in return for any action or inaction. Integrity Commissioner File No. 2018-01 Complaint Against Councillor Wendy Partner July 2, 2018