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Home My WebLink About01/07/2019 Joint CommitteesFinal Clarington Joint General Government and Planning and Development Committees Agenda Date: January 7, 2019 Time: 9:30 AM 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: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray(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 General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. Noon Recess: Please be advised that, as per the Municipality of Clarington's Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. 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 ClaClllgtioll 1 Call to Order 2 New Business — Introduction Joint Committees Agenda Date: January 7, 2019 Time: 9:30 AM Place: Council Chambers Members of Committee are encouraged to provide the Clerk's Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3 Adopt the Agenda 4 Declaration of Interest 5 Announcements 6 Adoption of Minutes of Previous Meeting 6.1 December 10 Minutes of the Joint General Government and Planning Page 7 Minutes and Development Committees Meeting of December 10, 2018 7 Delegations 7.1 Michael Angemeer, President and CEO, Veridian Corporation and Ron Clark, Aird & Berlis LLP, Regarding Unfinished Business Item 22.2, Director Re -Appointments 7.2 Libby Racansky, Regarding Report CAO -001-19, Update Regarding Municipal Climate Change Action 7.3 Wendy Bracken, Regarding Report PSD -001-19, Matters Relating to a Durham York Energy Centre Ambient Air Monitoring Station 2018 Exceedance of Dioxins and Furans 8 Communications - Receive for Information 8.1 GRCA Minutes of the Ganaraska Region Conservation Authority Minutes dated November 29, 2018 8.2 Diversity Minutes of the Clarington Diversity Advisory Committee Committee dated September 26, 2018 Page 41 Page 45 Page 2 CIarington Joint Committees Agenda Date: January 7, 2019 Time: 9:30 AM Place: Council Chambers 8.3 Newcastle Minutes of the Newcastle Business Improvement Authority Page 48 BIA Minutes dated December 13, 2018 9 Communications — Direction 9.1 Michelle Roth Michelle Roth — Request to Extend the Use of Temporary Page 51 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) 9.2 Melissa Dorsey Melissa Dorsey, Regarding Cannabis By-law Request for Page 53 Shared Dwellings (Motion to Refer to Staff) 9.3 Newcastle BIA Valentine Lovekin, President and Karen Basta, Vice Page 55 President, Newcastle Business Improvement Authority, Regarding a Request to Release Funds (Motion for Direction) 9.4 Colleen Colleen Goodchild, Manager, Policy Planning & Special Page 56 Goodchild, Studies, The Regional Municipality of Durham — Regarding Region of Nominations to the Durham Agricultural Advisory Durham Committee and Durham Environmental Advisory Committee (Motion to Refer the nomination to Durham Agricultural Advisory Committee to the Clarington Agricultural Advisory Committee and that a vote be conducted to appoint the citizen representative to the Durham Environmental Advisory Committee) Page 3 ClaClllgtioll Joint Committees Agenda Date: January 7, 2019 Time: 9:30 AM Place: Council Chambers 9.5 Christopher Christopher Norris, Manager, Customer Experience, Norris, Durham Durham Region Transit Commission, Regarding Region Transit Nomination to the Durham Region Transit Advisory Committee (Motion for Direction) 9.6 Marc Dupuis, Marc Dupuis, Mayor, Municipality of Mattice-Val Cote, Municipality of Regarding Paragraph 4 of the Declaration of Office Mattice-Val Cote (Motion to Endorse) 9.7 Joseph Joseph McKenna, Regarding The New Development on McKenna Bennett Road 10 Presentations Page 58 10.1 DJ Nascimento, Account Executive, Mosey & Mosey, Regarding Report COD -001-19, Health Benefit Program Renewal & ASO Consideration 11 Planning Department 11.1 PSD -001-19 Matters Relating to a Durham York Energy Centre Ambient Page 60 Air Monitoring Station 2018 Exceedance of Dioxins and Furans 11.2 PSD -002-19 2018 Results and Seasonal Sidewalk Patios Program Application, Guidelines and Approval Procedures 11.3 PSD -003-19 Community Improvement Annual Report for 2018 11.4 PSD -004-19 Environmental Stewardship, 2018 Annual Report 11.5 PSD -005-19 Option to Opt -out of Private Cannabis Retail Stores Page 79 Page 96 Page 101 Page 114 11.6 PSD -006-19 Heritage Incentive Grant, Annual Report for 2018 Page 125 Page 4 ClaClllgtioll 12 Engineering Services Department No Reports 13 Operations Department Joint Committees Agenda Date: January 7, 2019 Time: 9:30 AM Place: Council Chambers 13.1 OPD -001-19 Update on the Replacement of Emerald Ash Borer (EAB) Page 128 Infected Trees 14 Emergency and Fire Services Department 14.1 ESD -001-19 Emergency Services Activity Report - Q3 2018 Page 132 15 Community Services Department No Reports 16 Municipal Clerk's Department 16.1 CLD -001-19 Appointments to Various Boards & Committees — 2019- Page 138 2022 16.2 CLD -002-19 Discontinuance of Abandoned Cemeteries Board Page 148 17 Corporate Services Department 17.1 COD -001-19 Health Benefit Program Renewal & ASO Consideration Page 151 18 Finance Department 18.1 FND-001-19 Temporary Borrowing By-law for 2019 Page 161 19 Solicitor's Department No Reports Page 5 ClaClllgtioll Joint Committees Agenda Date: January 7, 2019 Time: 9:30 AM Place: Council Chambers 20 Chief Administrative Office 20.1 CAO -001-19 Update Regarding Municipal Climate Change Action Page 165 21 New Business — Consideration 22 Unfinished Business 22.1 CLD -020-18 2018 Municipal Elections Accessibility Report [Tabled from Page 169 the December 10, 2018 Joint General Government and Planning and Development Committees Meeting] 22.2 Correspondence from Michael Angemeer, President and CEO, Veridian, Page 170 Regarding Director Re -Appointments [Tabled from the December 17, 2018 Council Meeting] 23 Confidential Reports No Reports 24 Adjournment Clarii � Joint Committees Minutes December 10, 2018 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the Joint General Government and Planning and Development Committees held on Monday, December 10, 2018 at 9:30 AM in the Council Chambers. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill and Councillor M. Zwart Staff Present: A. Allison, J. Caruana, A. Greentree, F. Horvath, M. Marano, R. Maciver, T. Pinn, F. Langmaid (left the meeting at noon), R. Albright, G. Weir, J. Gallagher, S. Gray 1 Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2 New Business — Introduction a) Motion Regarding Appointment of Deputy Mayor b) Motion Regarding Designation of Members of Council as Department Chairs c) Councillor Neal - regarding a Motion Regarding GO Train Extension from Oshawa to Bowmanville d) Councillor Neal - regarding a Motion Regarding Combining the January 2, 2019 General Government Committee Meeting and the January 7, 2019 Planning and Development Committee Meeting on January 7, 2019 e) Councillor Neal - regarding a Motion Regarding Electronic Agendas. f) Councillor Neal asked that a new business item regarding the Affordable Housing Task Force, be added to the New Business — Consideration section of the agenda. g) Councillor Traill asked that a new business item regarding the Tyrone Community Hall Board, be added to the New Business — Consideration section of the agenda. h) Item 10.11 (Hospital Funding) — The Deputy Clerk noted that the recommended motion is changed to "Refer to the 2019 Budget". i) Item 10.15 — Addition of Correspondence from John Passalacqua with a motion to refer to Report PSD -082-18. -1- 7 Clarington Joint Committees Minutes December 10, 2018 3 Adopt the Agenda Resolution #JC -001-18 Moved by Councillor Neal, seconded by Councillor Jones That the Agenda be adopted as presented, with the addition of the new business items regarding: x Affordable Housing Task Force x Tyrone Community Hall Board Carried 4 Declaration of Interest Councillor Jones declared a direct interest in Communication Item 10. 11, Regarding Redevelopment of Bowmanville Hospital. Councillor Hooper declared a direct interest in Communication Item 10.8, Regarding Bagging of Parking Meters for the Month of December. Councillor Hooper declared a direct interest in Communication Item 10.10. Regarding Municipal Parking Meters Councillor Neal declared an indirect interest in Report CSD -010-18 regarding the 2019 Community Event Sponsorship Requests - Fall Intake for Autism Home Base Durham (Application #S19-01). 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #JC -002-18 Moved by Councillor Neal, seconded by Councillor Hooper That the minutes of the regular meeting of the General Government Committee meeting held on September 4, 2018, the regular and special Planning and Development Committee meetings held on September 10, be approved. Carried -2- 0 Clarington 7 Public Meetings 7.1 Application for a Proposed Zoning By-law Amendment Applicant: Kyle Roberts (on behalf of Paul and Cathy Powers) Report: PSD -081-18 Location: 46 Lawson Road, Courtice Joint Committees Minutes December 10, 2018 Amanda Tapp, Planner, made a verbal and electronic presentation to the Committee regarding the application. No one was present to speak in opposition to, or in support of, the application. Kyle Roberts, spoke on behalf of the applicants, Paul and Cathy Powers. Mr. Roberts explained that the applicants plan to retire and hoped that their property would be rezoned, and no longer zoned agricultural as it is a serviced road. He explained that they have satisfied the Municipality of Clarington's requirements and Central Lake Ontario Conservation (CLOCA) provided positive comments on the application. Mr. Roberts concluded by asking for the Committee's support. 8 Delegations 8.1 Calvin Walker, Regarding the Adoption of a New Flag for Clarington Calvin Walker was present regarding the adoption of a new flag for Clarington. Mr. Walker made a verbal presentation to accompany an electronic presentation. He explained that flag design has been an interest of his and he would like the Committee to consider adopting a new flag design for the Municipality of Clarington. Mr. Walker displayed the Municipality of Clarington's current flag design and the new flag design. Mr. Walker outlined the principles of flag design and displayed various flags from around the world and explained their meanings. Mr. Walker continued by explaining the meaning of the new flag design he proposed for the Clarington Flag. He stated that flags are important and they increase civic pride in the community. Mr. Walker concluded his presentation by encouraging the Committee to adopt the new flag design. Resolution #JC -003-18 Moved by Councillor Neal, seconded by Councillor Hooper That the delegation of Calvin Walker, regarding the adoption of a new flag for Clarington, be referred to staff. Carried -3- E Clartw-n Joint Committees Minutes December 10, 2018 8.2 Ebun Arimah, St. Stephen's Catholic Secondary School, Regarding a Designated Pedestrian Crossing and Speed Limit in front of St. Stephen's Catholic Secondary School Ebun Arimah was present regarding a designated pedestrian crossing and speed limit in front of St. Stephens Catholic Secondary School. Ms. Arimah explained that the St. Stephen's Catholic Secondary School has over 1000 students and they are the only high school without a designated crosswalk. She stated that the FreshCo plaza, located across from the school, did not exist when the school was initially built. Ms. Arimah explained that their students cross Scugog Street every day to go to the plaza. She stated that parents continue to complain about safety concerns when students are crossing the street. Ms. Arimah mentioned that traffic analysis is being done and they would like to know when the report will be complete. She explained that the Municipality of Clarington has a responsibility to put safety measures in place for the students to cross the street safely. She advised the Committee that the school will educate the students on pedestrian safety. Ms. Arimah concluded by requesting that the Committee provide the school with a timeline of when something will be done to implement a crosswalk. Resolution #JC -004-18 Moved by Councillor Hooper, seconded by Councillor Anderson That the Delegation of Ebun Arimah, St. Stephen's Catholic Secondary School, regarding a designated pedestrian crossing and speed limit in front of St. Stephen's Catholic Secondary School, be referred to staff; and That Staff meet with St. Stephen's Catholic Secondary School and the Peterborough Victoria Northumberland and Clarington Catholic District School Board to identify a location for a crosswalk. Carried 8.3 Jeff Guthrie, Regarding Report PSD -082-18 Release of a Proposed Draft Zoning By-law for Clarington Jeff Guthrie was present regarding Report PSD -082-18, Release of a Proposed Draft Zoning By-law for Clarington. Mr. Guthrie requested that, once the Municipality of Clarington moves into phase 3 of the project, specifically the mapping, the properties to the north of 1505 Bowmanville Avenue be rezoned medium density. He explained that it would be a logical step to rezone this area to encourage the Municipality of Clarington's vision and developers to invest in the area. M 10 Clarington Joint Committees Minutes December 10, 2018 9 Communications - Receive for Information 9.1. Minutes of the Newcastle Business Improvement Area dated September 13, 2018 and October 11, 2018 9.2 Minutes of the Bowmanville Business Improvement Area dated October 9, 2018 and November 13, 2018 9.3 Minutes of the Ganaraska Region Conservation Authority dated September 20, 2018 and October 18, 2018 9.4 Minutes of Tyrone Community Centre dated October 17, 2018 9.5 Minutes of the Newcastle Community Hall Board dated September 18, 2018 and October 16, 2018 9.6 Township of Amaranth, Susan Stone, CAO/Clerk-Treasurer, Regarding NAFTA Dairy Supply Management Program 9.7 AMO, Jamie McGarvey, AMO President, Regarding Bill 31 9.8 Township of McKellar, Ina Watkinson, Administrative/Treasury Assistant, Regarding Governance Models 9.9 Town of Ajax, Alexander Harras, Manager of Legislative Services/Deputy Clerk, Regarding Better Local Government Act, 2018 and Notwithstanding Clause 9.10 Township of Selwyn, Carla Hope, Administrative Assistant, Regarding Provincial Agricultural Systems Mapping Resolution #JC -005-18 Moved by Councillor Neal, seconded by Councillor Jones That Communication Items 9.1 to 9.10 be received for information, with the exception of Communication Items 9.2, 9.7, 9.8, 9.9, and 9.10. Carried 9.2 Minutes of the Bowmanville Business Improvement Area dated October 9, 2018 and November 13, 2018 Resolution #JC -006-18 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 9.2, be received for information. Carried -5- 11 Clar-ington Joint Committees Minutes December 10, 2018 9.7 AMO, Jamie McGarvey, AMO President, Regarding Bill 31 9.8 Township of McKellar, Ina Watkinson, Administrative/Treasury Assistant, Regarding Governance Models 9.9 Town of Ajax, Alexander Harras, Manager of Legislative Services/Deputy Clerk, Regarding Better Local Government Act, 2018 and Notwithstanding Clause Resolution #JC -007-18 Moved by Councillor Neal, seconded by Councillor Anderson That the position from the Association of Municipalities Ontario, regarding Bill 31 (formerly Bill 5) as outlined in Communication Item 9.7, be endorsed by the Municipality of Clarington; That the resolution outlined in Communication Item 9.8, regarding Governance Models, be endorsed by the Municipality of Clarington; WHEREAS on September 17, 2018 the following statement was issued from the AMO Office of the President "We urge the Ontario government to clearly state its interests in having governance review, and how it will proceed. And we urge the Ontario government to work with AMO and the municipal order of government to change requirements that undermine municipal finance, infrastructure investment and efficient service delivery all across Ontario" as per the attached letter; AND WHEREAS the current President of AMO is the Mayor of Parry Sound; AND WHEREAS the goals for a "Governance Review" may not be the same for the Town of Parry Sound as they are for other municipalities in the District of Parry Sound; AND WHEREAS AMO has no mandate from the District of Parry Sound Municipalities to speak on their behalf on governance models such as Regional Government or Amalgamations; AND WHEREAS the Honourable Steve Clark, Minister of Municipal Affairs and Housing sent out the attached letter indicating there will be discussion with municipal partners regarding governance models; NOW THEREFORE BE IT RESOLVED that the Township of McKellar requests that any discussions that AMO has with the Province be preceded with an open meeting between AMO, all members of Council and members of the public to determine the desires of each municipality in regard to governance models; AND FURTHERMORE BE IT RESOLVED that our MPP Norm Miller and the Province of Ontario also have an open dialogue with the Township of McKellar -6- 12 Clarington- Joint Committees Minutes December 10, 2018 and respect the opinions of the township as it regards to any review of the local governance model. That the resolution outlined in Communication Item 9.9, regarding the Better Local Government Act, 2018 and Notwithstanding Clause, be endorsed by the Municipality of Clarington; and WHEREAS the Town of Ajax believes strongly in the right to freedom of expression for all persons in Canada, and the right of all Canadian citizens to vote as enshrined in the Canadian Charter of Rights and Freedoms; AND WHEREAS the Town of Ajax remains committed to effective representation for all voters, and believes that Ontario's municipalities are a mature order of government capable of self -governance and establishing effective representation for their own constituents; AND WHEREAS the Ontario Superior Court of Justice has ruled that Bill 5, Better Local Government Act, 2018, reducing the number of councillors to be elected and the size and shape of wards in the City of Toronto infringes upon the Charter -protected rights of voters and candidates in Toronto's municipal and school board elections; AND WHEREAS the Province of Ontario has invoked section 33 of the Constitution Act, 1982, otherwise known as the notwithstanding clause, in order to override the court's decision on Bill 5, curtailing the Charter -protected rights of voters and candidates in Ontario; AND WHEREAS the notwithstanding clause has never before been used in the Province of Ontario, and its use should be limited, specific, and reserved for extenuating or emergency circumstances, none of which are the case with respect to Bill 5; NOW THEREFORE Council of the Town of Ajax hereby enacts as follows: THAT Ajax Council condemns in the strongest terms the Provincial Government's politically motivated and highly inappropriate use of section 33 of the Constitution Act,1982, in order to curtail the rights of voters and candidates in a democratic election and interfere with the ability of municipalities to provide effective representation for their constituents; AND THAT Ajax Council strongly urges the Premier and Members of Provincial Parliament (MPPs) to reconsider invoking section 33 (notwithstanding clause) to advance Bill 5; AND THAT the Province commit to engaging and consulting with municipalities on decisions that will directly impact their residents as the mature and capable order of government they are; -7- 13 Clar-ington- Joint Committees Minutes December 10, 2018 AND THAT this resolution be forwarded to the Prime Minister of Canada, Premier of Ontario, Mayor of the City of Toronto, FCM, AMO, all Region of Peel, York, Halton and Durham municipalities, all MPPs in Durham Region and all MPs in Durham Region. That the resolutions be forwarded to all MPPs in Durham Region. Carried 9.10 Township of Selwyn, Carla Hope, Administrative Assistant, Regarding Provincial Agricultural Systems Mapping Resolution #JC -008-18 Moved by Councillor Neal, seconded by Councillor Jones That Communication Item 9.10, be referred to the Agricultural Advisory Committee of Clarington. Carried 10 Communications— Direction 10.1 Michael Angemeer, President and CEO, Veridian, Regarding Director Re - Appointments Resolution #JC -009-18 Moved by Councillor Neal, seconded by Councillor Traill That the call for nominations for the two community members for Veridian's Boards be initiated. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X 14 Clarington Joint Committees Minutes December 10, 2018 10.2 Nancy and Hugh Towie, Clarington Polar Bear Swim Committee — Clarington Polar Bear Swim — January 1, 2019 Resolution #JC -010-18 Moved by Councillor Hooper, seconded by Councillor Anderson That the request for Emergency Services, Fire Hall #2, to attend the Clarington Polar Bear Swim on January 1, 2019, in Newcastle, be approved. Carried 10.3 Dr. Susan Shafer, Executive Director, Canada's Accredited Zoos and Aquariums (CAZA), Regarding Jungle Cat World Resolution #JC -011-18 Moved by Councillor Neal, seconded by Councillor Traill That Communication Item 10.3, be referred to staff to provide Council with further information from Jungle Cat World. Carried 10.4 Viola Vanderveen and Betty Lycett, Secretary -Treasurer, Regarding Orono Cemetery Resolution #JC -012-18 Moved by Councillor Zwart, seconded by Councillor Traill That Council thank the Board of Directors for their many years of service; That Staff reach out to the community to see if there is any interest in operating and maintaining the Orono Cemetery; and That Staff report back to the January 21, 2019 General Government Committee Meeting. Carried 10.5 Joyce Arthur, Executive Director, Abortion Rights Coalition of Canada — Regarding Local Governments Citing the Advertising Code Resolution #JC -013-18 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 10.5, from the Abortion Rights Coalition of Canada regarding local governments citing the Advertising Code, be referred to Staff. Carried 15 Clarington Joint Committees Minutes December 10, 2018 10.6 Ron Higgins, Mayor, Township of North Frontenac, Regarding Grandfathering of Volunteer Firefighters to NFPA Standards Resolution #JC -014-18 Moved by Councillor Hooper, seconded by Councillor Traill That the following resolution, regarding Grandfathering of Volunteer Firefighters to NFPA Standards, be endorsed by the Municipality of Clarington: Be it resolved that Council receives the Director of Emergency Service/Fire Chiefs administrative report entitled, "grandfathering of volunteering firefighters to NFPA standards — update" for information purposes; And that Council continues to advocate that the new provincial government continue to support rural fire services and provide sufficient funding to cover additional costs associated with the certification initiatives; And that Council defer this to the 2019 budget deliberations, as sufficient funding is required for a training program which will adequately provide the legislated training to meet the requirements of the establishing and regulating by-law and our core services; And that the Clerk provide a copy of this resolution to all Ontario municipalities requesting support, association of municipalities of Ontario (AMO), Minister of Community Safety and Correctional Services and Randy Hillier, MPP Motion Withdrawn Resolution #JC -015-18 Moved by Councillor Neal, seconded by Councillor Traill That Correspondence Item 10.6 from the Township of North Frontenac, regarding grandfathering of volunteer firefighters to NFPA standards, be referred to the December 17, 2018 Council Meeting. Carried -10- 16 Clarington- Joint Committees Minutes December 10, 2018 10.7 Cindy Filmore, Senior Office Assistant, Town of Kearney, Regarding Voters' List for Municipal Elections Resolution #JC -016-18 Moved by Councillor Hooper, seconded by Councillor Anderson That the following resolution, regarding Voters' List for Municipal Elections, be endorsed by the Municipality of Clarington: WHEREAS concern over the quality of the Municipal Voters' List is not a new phenomenon; AND WHEREAS in 2012, the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) published a "Voters' List Position Paper" and since that time has been advocating for transformational changes to the way that Ontario creates and maintains the Voters' List for municipal elections; AND WHEREAS the Preliminary List of Electors which forms the Voters' List in Ontario is supplied by data from the Municipal Property Assessment Corporation (MPAC); AND WHEREAS despite the incremental changes made by MPAC, MPAC has a limited ability to fix the currency and accuracy issues that impairs the current process and the Voters' List continues to be flawed with data inaccuracies and outdated information; AND WHEREAS a transformational solution to the way that the Voters' List is created and managed is required; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Kearney supports the re-establishment of the multi -stakeholder working group between the Ministry of Municipal Affairs, Ministry of Finance, AMCTO, MPAC and Elections Ontario in exploring and identifying ways to create and maintain the Voters' List for Municipal Elections; AND FURTHER Council requests an update be provided from this `Voters' List Working Group' on the transformational solutions being discussed; AND FURTHER that this resolution be circulated to all Ontario Municipalities for their consideration and support. Carried -11- 17 Clarington- Joint Committees Minutes December 10, 2018 10.8 Garth Gilpin, Secretary -Treasurer, Bowmanville BIA, Regarding Bagging of Parking Meters for the Month of December Councillor Hooper declared a direct interest in Communication Item 10.8, as he owns and operates a business in the Bowmanville BIA. Councillor Hooper left the room and refrained from discussion and voting on this matter. Resolution #JC -017-18 Moved by Councillor Jones, seconded by Councillor Anderson Whereas Section 34 (3) of Clarington's Traffic By-law 2014-059 allows that Council may, by resolution, designate an area or areas for a certain period to be exempt from the payment of parking fees and any areas so designated shall be denoted by a parking meter cover placed over the meter; Now therefore be it resolved that the Municipality of Clarington designate the area in downtown Bowmanville regulated by parking meters as a Free Parking area between Tuesday December 18, 2018 and January 2, 2019; and That Staff be directed to take the appropriate steps, including covering the meters with bags and advising the public via social media and notices placed on Clarington's website. Carried Councillor Hooper returned to the meeting. 10.9 Heather Emery, Petition for Moyse Parkette Playground Upgrade Resolution #JC -018-18 Moved by Councillor Jones, seconded by Councillor Neal That Communication Item 10.9, regarding the matter of the Moyse Parkette playground upgrade, be referred back to staff for the 2019 Budget. Carried as Amended Resolution #JC -019-18 Moved by Councillor Neal, seconded by Councillor Jones That the foregoing Resolution #JC -018-18 be amended by adding the after the word "Parkette": "and the Gatehouse Parkette". Carried The foregoing Resolution #JC -018-18 was then put to a vote and carried as amended. -12- W Clarii � Joint Committees Minutes December 10, 2018 10.10 Edgar Lucas, BIA Chair, Bowmanville BIA, Regarding Municipal Parking Meters Councillor Hooper declared a direct interest in Communication Item 10. 10, as he owns and operates a business with the Bowmanville BIA. Councillor Hooper left the room and refrained from discussion and voting on this matter. Resolution #JC -020-18 Moved by Councillor Anderson, seconded by Councillor Jones That Communication Item 10.10, from Edgar Lucas, BIA Chair, Bowmanville BIA, regarding municipal parking meters be referred to Staff. Carried Councillor Hooper returned to the meeting 10.11 Chris Kooy, Chair, and Kirk Kemp, Vice Chair, Bowmanville Hospital Foundation, Regarding Redevelopment of Bowmanville Hospital Councillor Jones declared a direct interest in Communication Item 10. 11, as she is an employee of Lakeridge Health. Councillor Jones left the room and refrained from discussion and voting on this matter. Resolution #JC -021-18 Moved by Councillor Traill, seconded by Councillor Neal That Communication Item 10.11, from the Bowmanville Hospital Foundation, regarding redevelopment of Bowmanville Hospital, be referred to the 2019 Budget, with an amount of $2.5 million allocated over 5 years. Motion Withdrawn -13- 19 Clarington Resolution #JC -022-18 Moved by Councillor Traill, seconded by Councillor Neal Joint Committees Minutes December 10, 2018 That Communication Item 10. 11, from the Bowmanville Hospital Foundation, regarding funding for the redevelopment of Bowmanville Hospital, be referred to the 2019 Budget for Staff to comment. Carried on the followina recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Councillor Jones returned to the meeting. 10.12 Sarah Cruickshank, Senior Coordinator, Public Issues, Canadian Cancer Society, Regarding all Tobacco Retailers in the Municipality of Clarington be Licensed and Pay an Annual Licence Fee Resolution #JC -023-18 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 10.12, regarding all tobacco retailers in the Municipality of Clarington being licensed, be referred to the Durham Region Health and Social Services Committee. Carried Recess Resolution #JC -024-18 Moved by Councillor Neal, seconded by Councillor Traill That the Committee recess for 5 minutes. Carried -14- Clarington Joint Committees Minutes December 10, 2018 The meeting reconvened at 11:32 AM with Mayor Foster in the Chair. 10.13 Andrew Brouwer, City Clerk, City of Oshawa, Regarding Keeping General Motors Oshawa Assembly Plant Open Resolution #JC -025-18 Moved by Councillor Neal, seconded by Councillor Jones That the following resolution, regarding Keeping General Motors Oshawa Assembly Plant Open, be endorsed in principle by the Municipality of Clarington: Whereas General Motors, it's employees and the City of Oshawa have experienced an historic 100 year successful partnership in this community; and, Whereas on November 26, 2018 General Motors announced its need to accelerate its transformation for the future by building upon world-class engineering in advanced technologies and increasing investment in electric and autonomous vehicle programs and linked this to its rationale for closing the Oshawa assembly plant at the end of 2019; and, Whereas there are numerous employees of General Motors and associated industries, services and businesses in Oshawa and Durham Region that depend on the operation of the Oshawa assembly plant and the well-being of those families that are affected by General Motors decision is a priority of the City; and, Whereas good jobs for Oshawa and Durham workers is a key priority and the closure of the Oshawa assembly plant will have a negative impact on the lives of those affected families as well as on the local, regional, provincial and national economies; and, Whereas the local General Motors workforce has consistently demonstrated its flexibility and ability to embrace innovation to continue to transform the automotive sector for the benefit of the company and North American economy; and, Whereas General Motors has acknowledged that the local talented workforce has a proven record of accomplishment for setting high quality standards and winning international productivity awards; and, Whereas there is an opportunity to build on our rich automotive history, utilizing the skills and abilities of Oshawa's professional autoworkers that have established a proven foundation for innovative and the capacity to tackle economic challenges. All of which makes Oshawa the ideal location from which to drive General Motors new focus on electric and autonomous vehicle programs; and, Clartw-n Joint Committees Minutes December 10, 2018 Whereas Oshawa has already realized substantial investments in cutting-edge automotive technologies that support and advance the development of electric and autonomous vehicles here in our community including the University of Ontario Institute of Technology's Automotive Centre of Excellence (ACE) and its world-class facility that produces cutting-edge automotive technologies; and, Whereas in August 2018, the Federal Government announced up to $9.46 million in funding to support the integration of a Moving Ground Plane allowing the U.O.I.T. to increase the number of full-time jobs at ACE, generate new training opportunities, promote research and development and encourage the advancement of cleaner and safer automotive technologies; and, Whereas Oshawa has been selected to be a Technology Development Site that is fully integrated with Province's Autonomous Vehicle Innovation Network (AVIN) program; and, Whereas through unique market-driven programs Durham College and U.O.I.T. are creating the next generation of engineering and technical leaders to support the growth of the advanced automotive industry; and, Whereas we believe that our mutually beneficial relationship with General Motors can continue long into the future by developing alternatives to closing the assembly plant in Oshawa; and, Whereas the City is committed to building upon our strong partnerships with General Motors, the federal and provincial governments, the post -secondary institutions and the local business community to support the General Motors employees and their families and other local businesses affected by the decision by General Motors; Therefore be it resolved: That the City of Oshawa is committed to work with General Motors and Unifor in order to keep the Oshawa Assembly Plant open beyond 2019 and that a copy of this resolution be forwarded to General Motors and Unifor with a request that the President of General Motors, the President of General Motors Canada and the President of Unifor meet with the Mayor. 2. That the Mayor send a letter together with a copy of this resolution to Prime Minister Justin Trudeau, Premier Doug Ford and all MP's and MPP's in Durham Region, Peterborough County, Kawartha Lakes, Northumberland County and the City of Toronto requesting them to initiate actions to convince General Motors to keep the Oshawa Assembly Plant open and requesting that they meet with the Mayor. 3. That a copy of this resolution be forwarded to the Region of Durham, all Durham municipalities, the City of Toronto, municipalities in Peterborough -16- 22 Clarington Joint Committees Minutes December 10, 2018 County, Kawartha Lakes and Northumberland County, the Association of Municipalities of Ontario, the Chamber of Commerces/Boards of Trade in the Durham Region, the Durham Region Labour Council, the Federation of Canadian Municipalities, Ontario Federation of Labour and the Mayors Auto Caucus, and any other organization deemed appropriate by the Mayor, requesting their support to keep the Oshawa Assembly Plant open. 4. That the Mayor continue to lead the efforts on this matter." Carried 10.14 John Mutton, President and Chief Executive Officer, Municipal Solutions, Regarding Recreational Cannabis Dispensaries Alter the Agenda Resolution #JC -026-18 Moved by Councillor Neal, seconded by Councillor Traill That the Agenda be altered to consider Communication Item 10.14, John Mutton, President and Chief Executive Officer, Municipal Solutions, Regarding Recreational Cannabis Dispensaries, at the end of the New Business section of the agenda. Carried 10.15 John A. Passalacqua, Regarding Report PSD -082-18, Release of a Proposed Draft Zoning By-law for Clarington Resolution #JC -027-18 Moved by Councillor Zwart, seconded by Councillor Hooper That Communication Item 10.15, from John A. Passalacqua, regarding Report PSD -082-18, Release of a Proposed Draft Zoning By-law for Clarington, be referred to the consideration of Report PSD -082-18. Carried 11 Presentations No Presentations -17- 23 Clarington 12 Planning Department Joint Committees Minutes December 10, 2018 12.1 PSD -081-18 Application by Kyle Roberts to amend the Zoning By-law to facilitate the creation of one additional single detached lot at 46 Lawson Road in Courtice Resolution #JC -028-18 Moved by Councillor Neal, seconded by Councillor Jones That Report PSD -081-18 be received; That the application for rezoning ZBA2018-0015 submitted by Kyle Roberts continue to be processed, including the preparation of a subsequent report; and That all interested parties listed in Report PSD -081-18 and any delegations be advised of Council's decision. Carried 12.2 PSD -082-18 Release of a Proposed Draft Zoning By-law for Clarington Resolution #JC -029-18 Moved by Councillor Hooper, seconded by Councillor Traill That Report PSD -082-18 be received for information. Carried 13 Engineering Services Department No Reports for this section of the Agenda. 14 Operations Department No Reports Recess The Committee recessed for their one hour scheduled break as per the Procedural By-law. The meeting reconvened at 1:00 PM with Mayor Foster in the Chair. 15 Emergency and Fire Services Department No Reports for this section of the Agenda. 24 Clarington Joint Committees Minutes December 10, 2018 16 Community Services Department 16.1 CSD -010-18 2019 Community Event Sponsorship Requests - Fall Intake Resolution #JC -030-18 Moved by Councillor Hooper, seconded by Councillor Zwart That Report CSD -010-18 be received; That Council consider all submitted sponsorship requests; and That all interested parties listed in Report CSD -010-18 and any delegations be advised of Council's decision by the Department. Carried PFLAG Canada Durham Region Resolution #JC -031-18 Moved by Councillor Traill, seconded by Councillor Zwart That Sponsorship Application #S19-08, from PFLAG Canada Durham Region, be approved in the amount of $2000.00. Carried Autism Home Base Durham Inc. Councillor Neal declared a direct interest in the Sponsorship Request #S19-01, from Autism Home Base Durham Inc., as he is a member of the Board. Councillor Neal left the room and refrained from discussion and voting on this matter. Resolution #JC -032-18 Moved by Councillor Zwart, seconded by Councillor Traill That Sponsorship Application #S19-01, from Autism Home Base Durham Inc., be approved in the amount of $2000.00. Carried Councillor Neal returned to the meeting. -19- 25 Clar-ington- Joint Committees Minutes December 10, 2018 Canadian Cancer Society Durham Resolution #JC -033-18 Moved by Councillor Jones, seconded by Councillor Anderson That Sponsorship Application #S19-02, from Canadian Cancer Society Durham, be approved in the amount of $2000.00. Carried Architectural Conservancy of Ontario - Clarington Branch Resolution #JC -034-18 Moved by Councillor Hooper, seconded by Councillor Neal That Sponsorship Application #S19-03, from Architectural Conservancy of Ontario - Clarington Branch, be approved in the amount of $2000.00. Carried Big Brothers Big Sisters of Clarington Resolution #JC -035-18 Moved by Councillor Neal, seconded by Councillor Traill That Sponsorship Application #S19-06, from Big Brothers Big Sisters of Clarington, be approved in the amount of $2000.00. Carried LTD Sports Resolution #JC -036-18 Moved by Councillor Anderson, seconded by Councillor Hooper That Sponsorship Application #S19-07, from LTD Sports, be approved in the amount of $1000.00. Carried -20- 26 Clar-ington- Joint Committees Minutes December 10, 2018 Ganaraska Region Conservation Authority Resolution #JC -037-18 Moved by Councillor Neal, seconded by Councillor Zwart That Sponsorship Application #S19-04, from Ganaraska Region Conservation Authority, be received for information. Carried Invictus Powerlifting Inc. Resolution #JC -038-18 Moved by Councillor Zwart, seconded by Councillor Hooper That Sponsorship Application #S19-05, from Invictus Powerlifting Inc., be approved in the amount of $500.00. Motion Lost Resolution #JC -039-18 Moved by Councillor Neal, seconded by Councillor Traill That Sponsorship Application #S19-05, from Invictus Powerlifting Inc., be received for information. Carried 17 Municipal Clerk's Department 17.1 CLD -020-18 2018 Municipal Elections Accessibility Report Resolution #JC -040-18 Moved by Councillor Traill, seconded by Councillor Anderson That Report CLD -020-18 be received for information; That a copy of Report CLD -020-18 be placed on the municipal website; That a copy of Report CLD -020-18 be forwarded to Elections Ontario, Elections Canada, and the Ministry of Municipal Affairs and Housing; That the Council of the Municipality of Clarington endorse Internet and Telephone Voting for Advance Polls and Voting Day as the preferred method of voting for the Municipality of Clarington, beginning with the 2022 Municipal Elections; and -21 - 27 Clarington- Joint Committees Minutes December 10, 2018 That Attachment 2 to Report CLD -006-17, the draft by-law to authorize the use of internet and telephone voting, and to repeal By-law 2013-038 (which authorizes the use of vote tabulators, special ballots, and accessible equipment for Municipal Elections), be approved. Tabled Resolution #JC -041-18 Moved by Councillor Neal, seconded by Councillor Hooper That Resolution #JC -040-18, be tabled to the - RG&eTal Wovernment D Q G D Q G FCdWrMttEQ R nSeelRnMofQaNIVary, 7, 2019. Carried 17.2 CLD -021-18 Durham Land Division Committee Appointment Resolution #JC -042-18 Moved by Councillor Neal, seconded by Councillor Hooper That Report CLD -021-18 be received; That the vote be conducted to nominate one citizen as the Municipality of Clarington's appointee to the Durham Region Land Division Committee for a term ending December 31, 2022 or until a successor is appointed, in accordance with the Appointments to Boards and Committees Policy; and That all interested parties listed in Report CLD -021-18 and any delegations be advised of Council's decision. Carried The following nomination was made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy for the Durham Land Division Committee for a term ending December 31, 2022 or until a successor is appointed: x Steven Cooke 17.3 CLD -022-18 Conservation Authority Appointments Resolution #JC -043-18 Moved by Councillor Traill, seconded by Councillor Neal That Report CLD -022-18 be received; -22- 3 O D Q Clarington Joint Committees Minutes December 10, 2018 That the vote be conducted to appoint three Members of Council for a term ending December 31, 2022 or until a successor is appointed, to the Central Lake Ontario Conservation Authority for the Municipality of Clarington, in accordance with the Appointments to Boards and Committees Policy; That the vote be conducted to appoint one Member of Council for a term ending December 31, 2022 or until a successor is appointed, to the Kawartha Conservation Authority for the Municipality of Clarington, in accordance with the Appointments to Boards and Committees Policy; That the vote be conducted to appoint two Members of Council for a term ending December 31, 2022 or until a successor is appointed, to the Ganaraska Conservation Authority for the Municipality of Clarington, in accordance with the Appointments to Boards and Committees Policy; and That all interested parties in Report CLD -022-18 and any delegations be advised of Council's decision. Carried Resolution #JC -044-18 Moved by Councillor Neal, seconded by Councillor Traill That the following appointments be made to the Central Lake Ontario Conservation Authority for a term ending December 31, 2022 or until a successor is appointed: x Councillor Hooper x Councillor Jones x Councillor Traill Carried Resolution #JC -045-18 Moved by Councillor Neal, seconded by Councillor Zwart That the matter of the appointment of the Council representative on the Kawartha Region Conservation Authority be referred to the Council meeting of December 17 2018. Carried -23- 29 Clarington Resolution #JC -046-18 Moved by Councillor N That the following app( term ending December Councillor Neal x Councillor Zwart Joint Committees Minutes December 10, 2018 by Councillor Traill Ganaraska Conservation Authority for a ntil a successor is appointed: Carried 17.4 CLD -023-18 Appointment of Municipal Law Enforcement Officers Resolution #JC -047-18 Moved by Councillor Neal, seconded by Councillor Hooper That Report CLD -023-18 be received; and That the By-law, attached to Report CLD -023-18 as Attachment 1, to appoint all staff whose duties include enforcement of Municipal By-laws as Municipal Law Enforcement Officers be approved. Carried 18 Corporate Services Department 18.1 COD -029-18 Elimination of 1/3 Tax Free Allowance for Council Compensation Resolution #JC -048-18 Moved by Councillor Traill, seconded by Councillor Anderson That Report COD -029-18 be received; That the Comprehensive Compensation By-law for Members of Council, By-law 2011-005, as amended, be further amended as follows: Section B. Remove reference to the provision of the 1/3 tax free exemption, and the automatic adjustment to maintain the net compensation equivalent value effective January 1, 2019; and -24- 30 Clarington Joint Committees Minutes December 10, 2018 Section D 3. Subsection 2. Remove reference to the OMERS equivalent pension contribution paid on current remuneration effective January 1, 2019; and Subsection 3. Amend OMERS deductions stop at age 71, in accordance with changed OMERS criteria; and That the draft by-law amending By-law 2011-005, Attachment 5 to Report COD -016-18, be approved. Motion Lost Later in the Meeting Suspend the Rules Resolution #JC -049-18 Moved by Councillor Hooper, seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #JC -047-18 a second time. Carried The foregoing Resolution #JC -049-18 was then lost on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Resolution #JC -050-18 Moved by Councillor Neal, seconded by Councillor Traill That Report COD -029-18 be referred to Staff to report back to the December 17, 2018 Council Meeting, to provide methodology for having a review of Council salaries in light of the elimination of the 1/3 tax free allowance; and -25- 31 Clarington Joint Committees Minutes December 10, 2018 That By-law 2011-005 be amended to remove the automatic adjustment to maintain the net compensation equivalent value effective January 1, 2019. Carried on the followina recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X 18.2 COD -030-18 Contract Awards During Council Election Recess Resolution #JC -051-18 Moved by Councillor Jones, seconded by Councillor Neal That Report COD -030-18 be received for information. Carried Later in the Meeting Suspend the Rules Resolution #JC -052-18 Moved by Councillor Neal, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #JC -052-18 a second time. Carried The foregoing Resolution #JC -050-18 was then put to a vote and carried. 19 Finance Department 19.1 FND-014-18 Financial Update as at September 30, 2018 Resolution #JC -053-18 Moved by Councillor Hooper, seconded by Councillor Anderson That Report FND-014-18 be received for information. Carried -26- 32 Clarington 19.2 FND-015-18 2019 Interim Tax By-law Resolution #JC -054-18 Moved by Councillor Hooper, seconded by Councillor Neal That Report FND-015-18 be received; and That the By-law attached to Report FND-015-18 be approved. Carried 19.3 FND-016-18 Service Fee Amendments Resolution #JC -055-18 Moved by Councillor Anderson, seconded by Councillor Hooper That Report FND-016-18 be received; Joint Committees Minutes December 10, 2018 That the recommended changes to service fees addressed in Report FND-016-18 be approved; and That the By-law attached to Report FND-016-18 be approved. Carried as Amended (See following motion) The Deputy Clerk advised the Committee that the By-law to be amended is By-law 2010-142, and it should be Schedule "E". Resolution #JC -056-18 Moved by Councillor Neal, seconded by Councillor Traill That the foregoing Resolution #JC -055-18 be amended by amending Schedule "E" to By-law #2010-142 by deleting the following rates: Statement of Account $10.00 Change of Ownership Fee $30.00 Collection Letter/Notice $5.00 Carried The foregoing Resolution #JC -055-18 was then put to a vote and carried as amended. 20 Solicitor's Department No Reports for this section of the Agenda. -27- 33 Clarington Joint Committees Minutes December 10, 2018 21 Chief Administrative Office 21.1 CAO -015-18 Tourism Advisory Committee Terms of Reference Resolution #JC -057-18 Moved by Councillor Hooper, seconded by Councillor Anderson That Report CAO -015-18 be received; That Council endorse the Terms of Reference for the Tourism Advisory Committee; That Staff advertise and recruit potential members to the Tourism Advisory Committee; That a Council representative be appointed to sit on the Tourism Advisory Committee; and That all interested parties listed in Report CAO -015-18 and any delegations be advised of Council's decision. Carried 22 New Business — Consideration 22.1 Appointment of Deputy Mayor Resolution #JC -058-18 Moved by Councillor Neal, seconded by Councillor Hooper THAT in accordance with Section 226 of the Municipal Act, 2001, c.25, and Section 3.2 of the Procedural By-law, during the four-year term of Council (2018 through to 2022), Regional Councillor Wards 1 and 2 and Regional Councillor Wards 3 and 4 be appointed as the Deputy Mayor for the Municipality of Clarington on an alternating year about schedule beginning with Joe Neal, Regional Councillor Wards 1 and 2. Carried 34 Clar-ington Joint Committees Minutes December 10, 2018 22.2 Designation of Members of Council as Department Chairs Resolution #JC -059-18 Moved by Councillor Neal, seconded by Councillor Traill That the Members of Council be designated as a Department Liaison for the term ending December 31, 2019, as follows: Planning Services Department Councillor Joe Neal Engineering Services Department Councillor Granville Anderson Operations Department Councillor Ron Hooper Emergency Services Department Councillor Margaret Zwart Community Services Department Councillor Corinna Traill Municipal Clerk's Department Councillor Janice Jones Finance, Corporate Services & Solicitor's Department & Administration Mayor Adrian Foster Carried 22.3 GO Train Extension from Oshawa to Bowmanville Resolution #JC -060-18 Moved by Councillor Neal, seconded by Councillor Anderson Whereas on June 20, 2016, the Provincial government announced that Metrolinx is extending GO rail service from Oshawa to Bowmanville by 2024, noting that the expansion of GO train service in Durham Region is a natural next step for Metrolinx, that it is part of the Regional Transportation Plan, and that it builds upon planning work and service and infrastructure improvements that are already underway; Whereas on August 15, 2016, Metrolinx released a discussion paper for the next Regional Transportation Plan for the Greater Toronto and Hamilton Area (G.T.H.A.) showing, among other projects, the Province's commitment to extending the Lakeshore East GO Rail corridor from Oshawa to Bowmanville within the 2009-2025 timeframe; Whereas on May 18, 2017, the Province released the updated Provincial Growth Plan for the Greater Golden Horseshoe (2017), which included a newly modified transit schedule (Schedule 5) showing the Oshawa to Bowmanville GO Rail service extension as a Committed GO Transit Rail Extension project; -29- 35 Clartw-n Joint Committees Minutes December 10, 2018 Whereas on June 19, 2017, the Region of Durham approved a comprehensive update of the Clarington Official Plan which implements the policies of the Provincial Growth Plan, the Region's Official Plan, and Metrolinx guidelines for development adjacent to Go Train Station Areas and also designates the areas adjacent to the proposed stations in Clarington for a mix of uses at the highest densities within the Municipality; Whereas the Municipality undertook a Transportation Hub Study to define the vision for the areas surrounding the stations with extensive public participation during 2017; Whereas on March 8, 2018, the Metrolinx Board of Directors unanimously adopted the 2041 Regional Transportation Plan (2041 RTP) for the Greater Toronto and Hamilton Area (GTHA) which shows the Go Train Expansion to Bowmanville as part of the In Delivery Transit Projects; Whereas the impact of the Oshawa to Bowmanville GO Rail extension will be transformational, considering that an April 2016 economic impact analysis conducted by inter -regional municipal, public and private sector partners concluded that investing in the GO rail extension in Durham would enable, • the creation of 21,000 permanent new jobs; • 6,000 person years in construction employment; • 6,000 homes to be built within walking distance of the four planned GO stations; • more than $70 million in annual savings for residents related to time, vehicle costs and improved road safety; • the potential to generate $1.1 billion in transit -oriented, walkable urban development; and, • a significant reduction in the amount of CO2 emissions by decreasing private vehicle use by 50 million kilometres annually; Whereas the Municipality of Clarington together with the private sector has initiated the update and preparation of the land use secondary plans necessary to help facilitate such economic impacts; Whereas Premier Ford's platform "For The People — A Plan for Ontario" included a commitment to "deliver two-way, all -day GO service, including expansions to Bowmanville" and to "maintain current funding as detailed in Ontario's previous transportation and infrastructure budget" as part of the government's goal of "Rebuilding Ontario"; Whereas on November 5, 2018 Metrolinx staff advised that it is preparing a Full Business case for GO expansion and updating the initial Business Case for the GO Rail service extension to Bowmanville; Whereas the economic development benefits and job creation of GO train expansion to Bowmanville take on an even greater significance in light of the recent announcement of the closure of GM facilities; and -30- 36 Clartw-n Joint Committees Minutes December 10, 2018 Whereas it is appropriate for the newly elected Clarington Council to show its continued support for the GO Rail service extension to Bowmanville. Therefore be it resolved: That the Council of the Municipality of Clarington requests the Provincial government and Metrolinx to confirm the commitment to extend GO Rail service through Oshawa to Bowmanville by 2024, understanding that this project has substantial economic and environmental benefits, will spur significant public and private investment, will create job opportunities, has widespread community support — including from the business community, development industry, Durham's post -secondary institutions, commuters, youth, and the agricultural community - and is embedded in the land use, transportation and transit plans of Clarington, Oshawa, and the Region of Durham; 2. That the Region of Durham, Municipality of Clarington, County of Northumberland, Municipality of Port Hope, Town of Cobourg, Town of Whitby and City of Peterborough be forwarded a copy of this resolution and based on their support of the GO Rail Service Extension to Bowmanville that they also request that the Province and Metrolinx to stand by the commitment to complete this project by 2024; 3. That staff be authorized to engage the other stakeholders such as the Clarington Board of Trade, the local development and business community, BILD Durham, and the Durham Home Builders Association by providing them a copy of this resolution and requesting that they join Council in calling upon the Province and Metrolinx to stand by the commitment to extend GO Rail service through Oshawa to Bowmanville by 2024; and 4. That copies of this resolution be forwarded to the Honourable Doug Ford, Premier of the Province of Ontario, the Honourable Jeff Yurek, Minister of Transportation, Durham MPPs, the Chair and the President and Chief Executive Officer of Metrolinx, and the MPP for North hu mberland- Peterborough South. Carried -31- 37 Clar-ington Joint Committees Minutes December 10, 2018 22.4 Combining the January 2, 2019 General Government Committee Meeting and the January 7, 2019 Planning and Development Committee Meeting on January 7, 2019 Resolution #JC -061-18 Moved by Councillor Neal, seconded by Councillor Traill That the January 2, 2019 General Government Committee meeting be moved to January 7, 2019; That the January 7, 2019 Committee meeting be a Joint General Government Committee and Planning and Development Committee meeting beginning at 9:30 AM; and That the published schedules be updated accordingly. Carried 22.5 Electronic Agendas Resolution #JC -062-18 Moved by Councillor Neal, seconded by Councillor Zwart That any Councillor who wishes to receive paper Agendas continue to receive them. Carried 22.6 Affordable Housing Task Force Resolution #JC -063-18 Moved by Councillor Neal, seconded by Councillor Traill That Councillor Jones be appointed to the Clarington Affordable Housing Task Force. Carried -32- Clarington 22.7 Tyrone Community Hall Board Resolution #JC -064-18 Moved by Councillor Traill, seconded by Councillor Neal That By-law 2008-039 be amended such that: Joint Committees Minutes December 10, 2018 That the Tyrone Hall Board maintain an appropriate number of Directors to maintain operations of the Tyrone Hall; and That the Board members shall be elected annually. Carried Later in the Meeting Recess Resolution #JC -065-18 Moved by Councillor Neal, seconded by Councillor Traill That the Committee recess for 10 minutes. Carried The meeting reconvened at 3:23 PM with Mayor Foster in the Chair. Resolution #JC -066-18 Moved by Councillor Traill, seconded by Councillor Neal That the foregoing Resolution #JC -064-18 be amended to add the following after the words "operations of the Tyrone Hall": with no less than three citizen appointees". Carried The foregoing Resolution #JC -064-18 was then put to a vote and carried. -33- 39 Clarington Joint Committees Minutes December 10, 2018 23 Unfinished Business 10.14 John Mutton, President and Chief Executive Officer, Municipal Solutions, Regarding Recreational Cannabis Dispensaries Resolution #JC -067-18 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 10.14, from John Mutton regarding recreational cannabis dispensaries, be referred to staff. Carried 24 Confidential Reports 24.1 CAO -016-18 A Personnel Matter Resolution #JC -068-18 Moved by Councillor Hooper, seconded by Councillor Neal That the recommendations, contained in Confidential Report CAO -016-18, be approved. Carried 25 Adjournment Resolution #JC -069-18 Moved by Councillor Neal, seconded by Councillor Traill That the meeting adjourn at 3:31 PM. Mayor Carried -34- HE Deputy Clerk GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE BOARD OF DIRECTORS November 29, 2018 GRCA 07/18 1. Welcome and Call to Order The Chair called the Ganaraska Region Conservation Authority Board of Directors meeting to order at 7:15 p.m. MEMBERS PRESENT: Wendy Partner, Chair - Municipality of Clarington Raymond Benns - Township of Alnwick/Haldimand Brian Darling - Town of Cobourg Jeff Lees, Vice -Chair - Municipality of Port Hope John Fallis - Township of Cavan Monaghan Louise Ferrie-Blecher - Municipality of Port Hope Mark Lovshin - Township of Hamilton Forrest Rowden - Town of Cobourg Heather Stauble - City of Kawartha Lakes Willie Woo - Municipality of Clarington ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer Ken Thajer, Planning and Regulations Coordinator Steve McMullen, Forest Recreation Technician Jay Sherwin, Chair, Recreation User Committee Melissa Spearing, Seed Program Coordinator, Forest Gene Conservation Association ABSENT WITH REGRETS: ALSO ABSENT: 2. Disclosure of Pecuniary Interest None 3. Minutes of Last Meeting GRCA 37/18 MOVED BY: Forrest Rowden SECONDED BY: Mark Lovshin THAT the Ganaraska Region Conservation Authority approve the minutes of the October 18, 2018 meeting. CARRIED. 41 Minutes GRCA Board of Directors 07/18 Page 2 4. Adoption of the Agenda GRCA 38/18 MOVED BY: Jeff Lees SECONDED BY: John Fallis THAT the Ganaraska Region Conservation Authority adopt the agenda as presented. CARRIED. 5. Delegations None 6. Presentations a) Ganaraska Forest Recreational Users Committee (RUC) Annual Report Jay Sherwin, Chair of the RUC, updated Board of Directors on FRP P LUOp6HV0❑❑❑❑ activities. Mr. Sherwin highlighted that the recommendations of the Ganaraska Forest Plan and in particular, the synopsis report (by Planning Solutions), has been at the I RLH UKM APVLFDLV FRP P Issues such as, invasive species (e.g. dog strangling vine), trail maintenance, enforcement, mapping, and forest signage have been recognized. The RUC requested that Forest Memberships and timber sales be returned to the forest. Staff clarified that membership sales along with a portion of timber sales do returns to the forest. Discussion followed. GRCA 39/18 MOVED BY: Brian Darling SECONDED BY: John Fallis THAT the Ganaraska Region Conservation Authority approve the presentation for information. CARRIED. b) Closure of Ontario Seed Tree Plant Melissa Spearing Melissa Spearing addressed the Board of Directors on the recent activities around the closure of the Ontario Seed Plant. She provided a background of the seed plant and the stages of the closing. GRCA 40/18 MOVED BY: Heather Stauble SECONDED BY: John Fallis THAT the Ganaraska Region Conservation Authority direct the Chair to put on the floor, at the next Conservation Ontario meeting, concerns with the closing of the Ontario Seed Plant and; FURTHER THAT Conservation Ontario be requested to do a report in consultation with the Forest Gene Conservation Association and other stakeholders on the impact of closing the plant. Willie Woo asked for a recorded vote. 42 Minutes GRCA Board of Directors 07/18 Ray Benns - Township of Alnwick/Haldimand - Yes Brian Darling - Town of Cobourg - Yes Jeff Lees - Municipality of Port Hope - Yes Mark Lovshin - Township of Hamilton - Yes Wendy Partner - Municipality of Clarington - Yes Forrest Rowden - Town of Cobourg - Yes Heather Stauble - City of Kawartha Lakes - Yes Willie Woo - Municipality of Clarington - Yes CARRIED. Page 3 7. Business Arising from Minutes a) 2019 Levy The CAO/Secretary-Treasurer explained the weighted vote procedure to the Board of Directors and answered questions GRCA 41/18 MOVED BY: SECONDED BY: Forrest Rowden Willie Woo THAT the Ganaraska Region Conservation Authority approve the staff report that includes the 2019 levy in the amount of $983,386.75 and 2019 capital assets levy of $150,088.00. Ray Benns - Township of Alnwick/Haldimand (0.9444%) - Yes Brian Darling - Town of Cobourg (11.0296%) - Yes Jeff Lees - Municipality of Port Hope (8.65965%) - Yes Mark Lovshin - Township of Hamilton (11.1763%) - Yes Wendy Partner - Municipality of Clarington (24.11135%) - Yes Forrest Rowden - Town of Cobourg (11.0296%) - Yes Heather Stauble - City of Kawartha Lakes (0.0916%) - Yes Willie Woo - Municipality of Clarington (24.11135%) - Yes The total percentage present to vote was 91.34%. To carry the motion, 51 % total of those present or 46.583% is required and cannot be from a single municipality. The vote was carried at 100%. CARRIED. 8. Correspondence None 9. Applications under Ontario Regulation 168/06: Permits approved by Executive: GRCA 42/18 MOVED BY: SECONDED BY: Forrest Rowden Ray Benns THAT the Ganaraska Region Conservation Authority receive the permits for information. CARRIED. 43 Minutes GRCA Board of Directors 07/18 Page 4 Permit Application requiring Ganaraska Region Conservation Authority Board of Directors discussion: None 10. Committee Reports: a) Ganaraska Forest Recreation Users Committee Minutes F November 1, 2018 GRCA 43/18 MOVED BY: Brian Darling SECONDED BY: Jeff Lees THAT the Ganaraska Region Conservation Authority receive the Ganaraska Forest Recreation Users Committee minutes from November 1, 2018 for information. CARRIED. 11. New Business: None 12. Other Business a) 2019 Economic Adjustment and Proposed Compensation Plan GRCA 44/18 MOVED BY: SECONDED BY: Forrest Rowden Mark Loshin THAT the Ganaraska Region Conservation Authority approve the 2019 Economic Adjustment and the proposed Compensation Plan. CARRIED. 13. In Camera None 14. Adjourn The meeting adjourned at 8:30 p.m. on a motion by Forrest Rowden. CHAIR CAO/SECRETARY-TREASURER Clarftwn Clarington Diversity Advisory Committee September 26, 2018, 7:00 PM MAC Meeting Room 1A If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131. Present: Councillor Ron Hooper Laila Shafi Dorothy Koziorz Ashfaque Choudhry Rajeshwari Saharan John Sawdon Derryck Lamptey Also Present: Lee -Ann Reck ❑ Community and Customer Services Manager Erica Mittag ❑ Community Development Coordinator Samantha Burdett Policy Advisor, Diversity and Immigration, Region of Durham Mayor Adrian Foster (8:10pm) Regrets: Kenneth Ilechukwu Rachel Traore The meeting was called to order at 7:05 PM. 1. New Business a) Welcome and Introductions Councillor Ron Hooper welcomed the group. Members and guests introduced themselves. b) Terms of Reference The Committee reviewed the Terms of Reference, specifically the background and mandate of the Committee. 45 TW& RP P MH -HE H❑ H❑L& DA❑J U9❑Y'RDM® [& RP P L*H2 dHlAUUE $ DFNM HTI discussing specifically Conflict of Interest, Basic Principles for Parliamentary Procedure and Accessibility Training. Erica Mittag will follow up with Clerks Department for clarification on Conflict of Interest scenarios. Accessibility Training links and Training Certificate will be included with distribution of minutes. Members are to complete Customer Service and Human Rights Code online sessions and sign off once complete on Certificate. Members may complete other modules if interested, but not required. 2. Presentation a) Durham Diversity: Clarington Community Profile Samantha Burdett, Policy Advisor, Diversity and Immigration Program, Region of Durham, provided a presentation to the Committee which included information about the growing diversity in Durham Region. The presentation also interpreted sSFRLF ❑ GEUVUNCSRS❑ ❑based on the 2016 Census and other surveys. Councillor Ron Hooper thanked Samantha Burdett for her presentation. 3. Election a) Election of Chair and Vice -Chair The Committee held an election for one-year terms for both Chair and Vice -Chair positions. Derryck Lamptey nominated himself for Chair. Ashfaque Choudhry nominated Laila Shafi for Vice -Chair. Laila Shafi accepted nomination. No other nominations received. Derryck Lamptey is the Chair of the Diversity Advisory Committee for 2018 and 2019. Laila Shafi is the Vice -Chair of the Diversity Advisory Committee for 2018 and 2019. Elections will be held for 2019 and 2020 in September 2019. 4. Other Business a) Mayor Adrian Foster stopped by to welcome the Committee Members and thank them for their participation. b) Ashfaque Choudhry inquired about the Committee offering events. Erica Mittag indicated that part of the role of the Chair will be to work with the Committee to develop a work plan and if the Committee felt appropriate it could include events. Mayor Adrian Foster suggested that the Committee could look to include the Canada Day fireworks in Clarington as an event to host. 5. Next Meeting A list of the Committee meeting dates was circulated to Members and will be attached with the minutes. Committee meetings will be held the fourth Wednesday of the month. The next meeting will be held Wednesday, October 24, 2018 at 7:00 PM, MAC Meeting Room 1A. 6. Adjournment Derryck Lamptey moved that the meeting be adjourned. Carried. The meeting adjourned at 8:30pm 47 Chair Secretary Newcastle BIA MINUTES December 13, 2018 www.villageofnewcastle.ca Attendance: Valentine Lovekin, Marni Lewis, Janeen Calder, Helen Vatandoust, Tracy Yates, Karen Bastas, Leslie Ray Regrets: Greg Lewis, Donna Wood, Theresa Vanhaverbeke, Ann Harley 1. Attendance taken. 2. Meeting called to order at 9:00 a.m. Chaired by Karen 3. Approval of November Minutes: Motion to accept: Tracey Yates Seconded: Leslie Ray 4. Business Arising from Minutes: n/a 5. Council Report - add Marg Zwart to the BIA email list 6. President's Report: The Village of Newcastle received a letter via registered mail from the Law Firm Bergeron Clifford LLP. Regarding a claim that occurred on September 1 in Foster Creek Park. Valentine has replied to the law firm advising that "The Village of Newcastle has no legal autonomy. It is situated in the Municipality of Clarington in the Regional Municipality of Durham. The BIA exists through a Clarington By -Law. The BIA exists to enhance the business district and its boundaries are described in the by-law. Foster Creek Park, where the alleged injury occurred, is not in the BIA territory." He copied the Municipal Clerk to deal with this claim in the future. 7. Treasurer's Report: As of November 30, the bank balance is $-533.00. There will be a budget meeting after the meeting. Motion made by Theresa: I move that we ask the Municipality to release $10,000 from the Newcastle BIA west -end funds to cover the 2017 one-time purchases of over -the -street banners (totaling $10,137.61 per the attached invoices) that put the BIA over budget in 2017, eliminating the cushion that carries the BIA from year to year. Seconded by Leslie Ray- passed 8. Committee Reports: Safety & Decor: Feedback was received about the wreaths and street bows - they look old and worn, the bows don't do anything for the posts.....very plain looking. Advertising: Facebook page likes are now 1347, up from October which was 1277, for a difference of 70 likes in 1 month. Page reach was 9,158 Latest video views - 3,735 (videos of the parade) FB post engagements - 7,175 Top posts Town Hall Lighting reached 1.3K Lighting wagon Ride reached 1.51K Santa Parade reach was 1.1 K Refinery Salon/Benny Barber application for a liquor licence reached 1.2K and had 362 post clicks and 60 comments/shares Raising funds for Durham Hospice has a reach of 619 Special Events: a) Town Hall Lighting - Lots of positive feedback was received from the event. Some felt it should be advertised more. Next year we should have bags for kids to carry all the goodies around in. The maps were perfect and everyone used it. The businesses that participated had a great night and their stores were full the whole night. flE b) Breakfast with Santa- This year was the best ever. They had 180 children, 244 adults, and they made a profit. Marni and Greg Lewis will take over running the Breakfast next year. c) Santa Parade - It was a great event. Funds are still coming in.There were no issues, the DRP and Private Security did an amazing job. The Festival of Trees fundraiser is going well, they have sold $3500 in tickets sales so far. They are looking into having wreaths next year as an option. At the February meeting the event chairs are going to discuss a sponsorship letter to use to approach businesses in March for all the 2019 events to sponsor. 9. CBOT: n/a 10. Chamber News: n/a 11. CIP: n/a 12. New Business: West End money - What can be done with this money and when?? We have money sitting in an account and would like to spend it. 13. Next meeting the AGM Tuesday, January 22, 2019, 6:00pm cocktails, 7:00pm dinner followed by the meeting. 14. Motion to adjourn meeting by Tracey Yates, seconded by Helen Vatandoust 50 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: December 17, 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). On December 11, 2018 Michelle Roth made her third request to extend the use of the temporary living quarters, for an additional six (6) month period (to expire on July 28, 2019). According to the Clarington Building Division, the last inspection completed on the new detached dwelling was for the framing on November 20, 2018. Prior to this inspection, the following inspections had been performed: Insulation and Vapour Barrier for the roof — September 6, 2018 Backfill — September 25, 2017 Footings — September 13, 2017 Mrs. Roth advised that unexpected construction delays for the exterior work of the home have caused a ripple effect, postponing each construction stage. The Roth's hope to apply for the final occupancy inspection by March of 2019. 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 51 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 C P/AT/tg cc: Andrew Allison, Chief Administrative Officer Anne Greentree, Municipal Clerk Faye Langmaid, Acting Director of Planning Services I:\^Department\PL Property Location\010\18-17-010-150-17500 9209 Grasshopper Park Rd\Extension Request -Building Permit\Third Request\3rd Updated Memo -Letter Of Undertaking.Docx 52 December 16, 2018 To the attention of: Mayor Adrian Foster Janice Jones Mayor's Office Councillor Ward 1 40 Temperance Street Councillor's Office Bowmanville, ON LIC 3A6 40 Temperance Street Bowmanville, ON L1C 3A6 Joe Neal Corinna Traill Regional Councillor, Wards 1 and 2 Councillor Ward 3 Councillor's Office Councillor's Office 40 Temperance Street 40 Temperance Street Bowmanville, ON LIC 3A6 Bowmanville, ON LIC 3A6 Granville Anderson Margaret Zwart Regional Councillor Wards 3 and 4 Councillor Ward 4 Councillor's Office Councillor's Office 40 Temperance Street 40 Temperance Street Bowmanville, ON L1C 3A6 Bowmanville, ON LIC 3A6 Ron Hooper Councillor Ward 2 Councillor's Office 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Mr. Mayor, Regional Councillors for Wards 1 & 2, 3 & 4, and Councillors for Wards 1, 2, 3 & 4, RE: Cannabis By-law Request for Shared Dwellings With the passing of the new cannabis laws in Ontario has come the side effect of second hand smoke in shared dwellings namely, condominiums and apartment buildings. It has come to my attention that Clarington does not have a by-law prohibiting the smoking of cannabis in shared dwellings, nor has the Province provided this protection under the Smoke Free Ontario Act. Currently, smoking of any kind (cannabis or otherwise) is not permitted in the common spaces of shared dwellings however, it is permitted in the dwelling unit itself. The Federal Government, Province and Municipality have left it up to condominium boards and landlords of apartment buildings to control cannabis issues on their own and these entities are not best equipped to deal with these issues. 53 In June 2018, 1 purchased a condominium in Bowmanville (on 1 Sidney Lane) but quickly realized there was a cannabis problem even before cannabis was legal. I have diligently contacted my condo board trying to push them to deal with this issue, even offering my own personal services (I am a Law Clerk) to help them with rule amendments and enforcement with respect to this issue. Although I will continue to try to work with my condo board, I would like the municipality to address this issue with the creation of a by-law prohibiting the smoking of cannabis in shared dwellings. To provide an example of the issue, in my particular building all heating and ventilation is separated via unit however, when one unit smokes cannabis the second hand smoke creeps out of their unit, into the hall and then into the neighbouring units via the cracks around the unit doors. Smoking on the balcony is not a solution as cannabis (unlike cigarettes) is so strong that it permeates the glass balcony door even when closed. On my floor, there are at least three units (possibly four) that smoke cannabis regularly, with my across the hall neighbour smoking several times a day, nearly every day. The smoke permeates my unit via my unit door and causes headaches, burning eyes and throat. I have tried to mitigate this issue by weather stripping my unit door but that has only lessened, not eliminated, this issue. At this point, have lived in my new home for nearly 7 months, cannot afford to move elsewhere, and often feel ill in my home due to my neighbours` cannabis smoking. imagine this is an issue for other condominiums (or will be as there are many new condominiums being built) as well as apartment buildings in Clarington/Durham Region. Not only is the second hand smoke from cannabis not good for my health, it won't be good for the health of children or animals sharing the air in these buildings. In addition, the smell of cannabis in a condominium building will lower its marketability and lower the value of this investment for the owners. I fear that the other levels of government did not consider the health implications of cannabis smoking for the non-smokers in shared dwellings and I ask that the municipality correct this by passing a by-law prohibiting the smoking of cannabis in shared dwellings (condominiums and apartment buildings), edibles to be permitted as they do not harm the other residents. I sincerely thank you for your time and consideration of my request. Yours truly, issa Dorsey 1 Sidney Lane, Unit 309 Bowmanville, ON L1C ON' 416-458-9317 mei.dorseyl@yahoo.com 54 �^ Newcastle Downtown Business Improvement Association 20 King Ave. W. Unit #10 Newcastle ON L 1 B 1 H7 www.villag,eofhewcastle.ca "More than our history" December 20, 2018 Mayor Foster and Members of Clarington Council: Please accept this letter as a formal request from the Newcastle BIA to release funds from the Newcastle BIA "West End Money" held in trust for us by the Municipality. We would like you to release $10,000 per the motion unanimously passed at the December 13, 2018 meeting of the Newcastle BIA. A copy of said Minutes are attached. With sincere thanks, 1 vv) Valentine L v in, President 55 Karen Bastas, Vice President Your current area municipal representative on DAAC, Eric Bowman, has resigned his position. We did not receive any applications from within your municipality. Please provide a nomination by the deadline, otherwise, your area municipal representative position will remain vacant until a suitable candidate is found by your municipality. Your current area municipal representative on DEAC, Hida Manns has resigned her position. Letters of interest have been submitted by Calvin Walker and Jay Cuthbertson (see Attachment 1). Please provide the Municipality's nominations by January 31, 2019. Regional Planning and Economic Development Committee and Council will receive your nomination and appoint the DAAC and DEAC members to represent Clarington. "Service Excellence If this information is required in an accessible format, please contact for our Communities" Planning Reception at 1-800-372-1102, extension 2551. 56 December 21, 2018 lk* Ms. Anne Greentree Municipal Clerk Municipal Administrative Centre The Regional Municipality 40 Tem erance Street, 2nd Floor p of Durham Bowmanville ON L1 C 3A6 Planning and Economic Development Department Planning Division Dear Ms. Greentree, 605 ROSSLAND ROAD EAST LEVEL 4 PO BOX 623 WHITBY, ON L1N 6A3 Re: Membership Selection for the Durham Agricultural CANADA Advisory Committee (File: A01-38-01) and Durham 905-668-7711 Environmental Advisory Committee (File: A01-37-02) 1-800-372-1102 Fax: 905-666-6208 Email: plan ning@durham.ca The purpose of this letter is to request that the Municipality of durham.ca Clarington nominate a representative to the Durham Agricultural Advisory Committee (DAAC) and the Durham Environmental Advisory Brian Bridgeman, MCIP, RPP Committee (DEAC) for the 2018-2022 term of Council, from the Commissioner of Planning and Economic Development attached lists of interested persons. Each Committee has a Terms of Reference that provides selection criteria to consider when nominating individuals, which includes residency, technical expertise, community representation and availability. The DAAC Terms of Reference can be found here. The DEAC Terms of Reference can be found here. Your current area municipal representative on DAAC, Eric Bowman, has resigned his position. We did not receive any applications from within your municipality. Please provide a nomination by the deadline, otherwise, your area municipal representative position will remain vacant until a suitable candidate is found by your municipality. Your current area municipal representative on DEAC, Hida Manns has resigned her position. Letters of interest have been submitted by Calvin Walker and Jay Cuthbertson (see Attachment 1). Please provide the Municipality's nominations by January 31, 2019. Regional Planning and Economic Development Committee and Council will receive your nomination and appoint the DAAC and DEAC members to represent Clarington. "Service Excellence If this information is required in an accessible format, please contact for our Communities" Planning Reception at 1-800-372-1102, extension 2551. 56 Please note that applicants have submitted their names in confidence. Therefore, we request that individuals who are not nominated, remain confidential. Should you require further information, please contact Kristy Kilbourne, DAAC Staff Liaison at 905-668-7711 ext. 2545 or Aneesah Luqman, DEAC Staff Liaison at 905-668-7711 ext. 2546. Thank you, ORIGINAL SIGNED BY Colleen Goodchild, MCIP, RPP Manager, Policy Planning & Special Studies Encl. 57 December 12, 2018 Ms. Anne Greentree, Clerk Clerk's Department Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, ON L1 C 3A6 D hruD amRe ion Tran it ,TJ RE: APPOINTMENTS TO THE DURHAM REGION TRANSIT ADVISORY COMMITTEE (Our File: C14) Ms. Greentree, Appointments to the Durham Region Transit (DRT) Advisory Committee (TAC) will be made by the Transit Executive Committee in 2019. TAC is a volunteer committee established by the Durham Region Transit Commission and Regional Council in 2006. An overview of the TAC and its Terms of Reference are available at www.durhamregiontransit.com under 'About DRT' —'Committees'. The goal of the DRT Advisory Committee is to "provide input to the Durham Transit Executive Committee on public transit matters as they relate to the provision of conventional and specialized transit services in Durham". The committee's Terms of Reference provide for each of the eight area municipalities to nominate one (1) public transit user representing transit stakeholder groups through their use of DRT services and/or through their participation in community groups that access public transit service in Durham Region. For your consideration we are enclosing copies of applications received from citizens within your municipality interested in being appointed as your community member representative of the Transit Advisory Committee. If possible, please forward your Council's resolution advising of the name of your nominee to my attention on or before January 30, 2019. If you require this information in an accessible format, please contact 1.866.247.0055 605 Rossland Rd. E., Whitby, ON L1 N 6A3 11.866.247.0055 1 durhamregiontransit.com 2 If you have any questions please contact me at 905-668.7711, ext. 3752. Chrkopher Norris Manager, Customer Experience Durham Region Transit Commission Enclosure/ Copy to: Ralph Walton, Regional Clerk/Director of Legislative Services Cheryl Bandel, Deputy Clerk Cheryl Tennisco, Committee Clerk If you require this information in an accessible format, please contact 1.866.247.0055 605 Rossland Rd. E., Whitby, ON L1N 6A3 11.866.247.0055 1 durhamregiontransit.com Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: _..Planning and Development CommitteeV Date of Meeting: January 7, 2019 Report Number: PSD -001-19 Resolution: File Number: PLN 33.3.10 By-law Number: Report Subject: Matters Relating to a Durham York Energy Centre Ambient Air Monitorina Station 2018 Exceedance of Dioxins and Furans Recommendations: 1. That Report PSD -001-19 be received; and 2. That all interested parties listed in Report PSD -001-19 and any delegations be advised of Council's decision by the Department. Municipality of Clarington Page 2 Report PSD -001-19 Report Overview In accordance with Council Resolution #C-267-18, the purpose of this report is to provide to Council the response received from Ministry of the Environment, Conservation and Parks respecting their assessment of a recorded exceedance of dioxins and furans at the Durham York Energy Centre's Courtice Water Pollution Control Plan ambient air monitoring station on May 26, 2018. 1. Background 1.1 On September 17, 2018, Council heard the delegation of Wendy Bracken regarding an exceedance of dioxins and furans at the Region of Durham's Durham York Energy Centre (DYEC) ambient air monitoring station referred to as the Courtice Water Pollution Control Plant (WPCP) Station. The subject exceedance was recorded on May 26, 2018. The measured dioxin and furan concentration of 0.109 picogram (pg)/m3 is 9% above the Ambient Air Quality Criteria of 0.1 pg/m3. 1.2 In accordance with the established protocol, a notification of a potential exceedance was prepared by Stantec and submitted to the Region of Durham, Region of York, Ministry of the Environment, Conservation and Parks, and the Region of Durham's Medical Officer of Health (Attachment 1). The notification was also posted on the DYEC website. The following summary of Stantec's review of the subject exceedance was documented in the "Quarterly Ambient Air Quality Monitoring Report for the Durham York Energy Centre — April to June 2018" (Stantec Consulting Ltd., August 8, 2018): Winds were generally southwesterly over the 24-hour measurement period, for which the Courtice WPCP Station is upwind of the DYEC. DIF concentrations were also elevated regionally and likely due to a regional emissions source. The measured DIF concentrations are not expected to have resulted in an adverse effect on human health or the environment. 1.3 The September 17, 2018 delegation of Ms. Bracken raised a number of concerns with respect to the subject exceedance. These concerns included the delay in providing notification of the exceedance, the dioxin and furans concentrations recorded at the same time at the two other ambient air monitoring stations established for the DYEC, the potential risks associated with dioxins and furans, and concerns respecting the DYEC air monitoring programs, equipment and protocols. In response, Council approved Resolution #C-267-18, as follows: That Staff write to the Ministry of the Environment, Conservation and Parks and request their response in writing to the opinions expressed by Stantec in their 61 Municipality of Clarington Page 3 Report PSD -001-19 July 31, 2018 letter regarding dioxins and furans and concentrations measured in the ambient air monitoring, including: a) Whether they agree that the incinerator was "unlikely to have substantially contributed to the elevated dioxins and furans concentration at the Courtice WPCP Station measured on May 26, 2018; b) Explain how if the dioxins and furans concentrations were from a regional source rather than the DYEC, how the higher concentrations would be clustered around the incinerator, c) What the AMESA continuous monitoring of dioxins and furans showed for the days in question, and whether the continuous monitoring has been validated, That Municipal Staff report back to a future General Government Committee meeting and provide copies of responses that are received to Members of Council; and That a copy of this resolution be forwarded to the Region of Durham. 2. Discussion 2.1 On October 19, 2018, Staff wrote to the Ministry of the Environment, Conservation and Parks (MECP) providing a copy of Resolution #C-267-18 and requesting responses to the questions raised. 2.2 On October 31, 2018, the MECP completed a review Stantec's assessment of the subject exceedance, confirming the validity of the laboratory analysis and toxicological review. A copy of this letter was posted on the DYEC website (Attachment 2). 2.3 On November 26, 2018, the MECP provided a written response to Staff's request of October 19, 2018 (Attachment 3). The MECP have determined the results of Stantec's assessment to be valid, and noted the upwind location of the Courtice WPCP Station relative to the predominant winds during the monitoring period. In addition, the MECP has concluded that no adverse effects would be expected based on the reported concentrations. The MECP has indicated that a potential source for the subject exceedance cannot be determined. Further, with respect to AMESA continuous monitoring of dioxins and furans, data correlation could not be provided. 3. Concurrence Not Applicable. 62 Municipality of Clarington Report PSD -001-19 4. Conclusion Page 4 In response to Council Resolution #C-267-18, Staff requested and received a written response from the MECP respecting their assessment of a recorded exceedance of dioxins and furans at the DYEC's Courtice WPCP ambient air monitoring station on May 26, 2018. A copy of the response and a separate related response provided to the Regional Municipality of Durham are attached for Members of Council as requested. G �.r Submitted by. Reviewed by: Faye Langmaid, RPP, FCSLA, Andrew C. Allison, B. Comm, LL.B Acting Director of Planning Services CAO Staff Contact: Amy Burke, Senior Planner, (905) 623-3379 Ext. 2423 or aburke@clarington.net ACB/tg Attachments: Attachment 1 - Letter dated July 31, 2018 from Stantec Consulting Ltd. to the Regional Municipality of Durham re: notice of elevated dioxins/furans at the DYEC Courtice WPCP monitoring station on May 26, 2018 Attachment 2 - Letter dated October 31, 2018 from the Ministry of the Environment, Conservation and Parks to the Regional Municipality of Durham re: review of the notice of elevated dioxins/furans at the DYEC Courtice WPCP monitoring station on May 26, 2018 Attachment 3 - Email and letter dated November 26, 2018 from the Ministry of the Environment, Conservation and Parks re: response to the questions raised in Resolution #C-267-18 List of interested parties to be notified of Council's decision is on file in the Planning Services Department. 63 ® Stantec 30OW-675 Cochrane Drive, Markham ON UR OB8 July 31, 2018 File: 160950528 Attention: Mr. Gioseph Anello, Manager, Waste Planning, and Technical Services The Regional Municipality of Durham 605 Rossland Road East P.O. Box 623 Whitby, ON L1N 6A3 Dear Mr. Anello, Reference: Durham York Energy Centre, Ambient Monitoring Program — Elevated Dioxins/Furans at Courtice WPCP on May 26, 2018 The purpose of this letter is to provide notice and supplemental information to the Regions of Durham and York of an elevated measured ambient concentration of Dioxins and Furans (D/F) on May 26, 2018 at the Courtice WPCP Station. Formal notification of the Ontario Ministry of the Environment, Conservation and Parks (MECP) and Durham Medical Officer of Health is required. Following the guidance of the Ambient Monitoring Plan (AMP), Stantec reviewed and confirmed the D/F filter results with the analytical laboratory (Maxxam) and conducted a review of the elevated D/F concentration. Additionally, Stantec requested Maxxam to re -analyze the May 26th samples from the Courtice WPCP, Rundle Road and Crago Road Stations. Furthermore, the potential impact on human health was evaluated by a Stantec Toxicologist. The following summarizes our findings: The May 26, 2018, D/F Toxic Equivalency Quotient (TEQ) concentration at the Courtice WPCP Station was determined to be 0.109 pg TEQ/m3 which is 9% above the MECP Schedule 3 air quality Standard from Regulation 419/05 — Air Pollution — Local Air Quality (O. Reg. 419/05). D/F TEQ concentrations at the Crago Road and Rundle Road Stations (0.098 and 0.091 pg TEQ/m3, respectively) were also elevated relative to recent measurements. D/F TEQ values were below the MECP's Upper Risk Threshold (URT) of 1.0 pg TEQ/m3. 2. Stantec requested the May 26, 2018 samples at all three stations be re -analyzed by Maxxam to confirm the results. The re -run was found to be similar to the initial results. The average of the initial and re -analysis lab results for the Courtice WPCP was 0.106 which is also above the air quality Standard. Attachment A provides the laboratory results and Stantec's calculation of the TEQ values. The D/F TEQ results for May 26, 2018 at each station are summarized below. Design with community in mind Me July 31, 2018 Mr. Gioseph Anello, Manager, Waste Planning, and Technical Services Page 2 of 5 Reference: Durham York Energy Centre, Ambient Monitoring Program — Elevated Dioxins/Furans at Courtice WPCP on May 26, 2018 Table 1: Summary of Sampling of Dioxins and Furans on May 26, 2018 3. A review of the DYEC Continuous Emissions Monitoring (CEMs) data for May 261h does not show an upset condition which could result in higher D/F emissions. Annual stack testing of the units was conducted on May 31 and June 1, 2018 — the dioxin and furans stack testing results for both boilers were less than 11 pg TEQ/Rm3 which is well below the applicable emissions criteria. 4. The MCP Air Quality Health Index was moderate during the morning of May 26th at the Oshawa and Toronto East monitoring stations. 5. Attachment B includes a summary of the May 26th data at each station, based on the initial analysis. Plots of the D/F measurements since the beginning of 2018 are provided for all three stations. The plots show that typical background levels are around 0.02 pg TEQ/m3 and the May 26th measurements are elevated relative to the rest of the 2018 measurements. 6. Attachment B also includes wind roses for May 26th at each station. The wind roses for each station show low winds (less than 5 km/h) on May 26th, with winds blowing mainly from westerly to southwesterly directions over the course of the day. Wind roses with hourly wind speed and direction labelled with the hour of the day are also provided in the summary. Time series plots of the wind direction measured at each station are also included. The wind direction for which the DYEC stack is upwind of the monitor is shown by a purple dashed line in both sets of plots. The hourly wind roses and time history plots show that over the course of the day, the DYEC was upwind of each of the three monitoring stations for varying periods of time. Thus, we can expect that all three monitors could have potentially been impacted by DYEC emissions but by varying amounts. At the Courtice WPCP Station, the DYEC stack was upwind for only short periods of time around 8 a.m. and around 10 p.m. to 11 p.m. The Courtice WPCP measurement, which had the highest measured D/F Design with community in mind 65 Concentration (pg TEQ/m3) Courtice WPCP Rundle Road Crago Road Initial Analysis 0.109 0.091 0.098 Second Analysis 0.103 0.095 0.101 Average 0.106 0.093 0.099 MECP Standard 0.1 MECP URT 1 3. A review of the DYEC Continuous Emissions Monitoring (CEMs) data for May 261h does not show an upset condition which could result in higher D/F emissions. Annual stack testing of the units was conducted on May 31 and June 1, 2018 — the dioxin and furans stack testing results for both boilers were less than 11 pg TEQ/Rm3 which is well below the applicable emissions criteria. 4. The MCP Air Quality Health Index was moderate during the morning of May 26th at the Oshawa and Toronto East monitoring stations. 5. Attachment B includes a summary of the May 26th data at each station, based on the initial analysis. Plots of the D/F measurements since the beginning of 2018 are provided for all three stations. The plots show that typical background levels are around 0.02 pg TEQ/m3 and the May 26th measurements are elevated relative to the rest of the 2018 measurements. 6. Attachment B also includes wind roses for May 26th at each station. The wind roses for each station show low winds (less than 5 km/h) on May 26th, with winds blowing mainly from westerly to southwesterly directions over the course of the day. Wind roses with hourly wind speed and direction labelled with the hour of the day are also provided in the summary. Time series plots of the wind direction measured at each station are also included. The wind direction for which the DYEC stack is upwind of the monitor is shown by a purple dashed line in both sets of plots. The hourly wind roses and time history plots show that over the course of the day, the DYEC was upwind of each of the three monitoring stations for varying periods of time. Thus, we can expect that all three monitors could have potentially been impacted by DYEC emissions but by varying amounts. At the Courtice WPCP Station, the DYEC stack was upwind for only short periods of time around 8 a.m. and around 10 p.m. to 11 p.m. The Courtice WPCP measurement, which had the highest measured D/F Design with community in mind 65 July 31, 2018 Mr. Gioseph Anello, Manager, Waste Planning, and Technical Services Page 3 of 5 Reference: Durham York Energy Centre, Ambient Monitoring Program — Elevated Dioxins/Furans at Courtice WPCP on May 26, 2018 concentration, was also the station for which winds were blowing from the DYEC to the station for the least amount of time. 7. Based on the relative similarity of the D/F measurements at each station, and that the Courtice WPCP Station was the primarily upwind station over the majority of the day, the most likely source for the elevated D/F concentrations measured at each station was a regional source rather than the DYEC. 8. The MECP develops Ambient Air Quality Criteria (AAQC) and air quality Standards based on available toxicological information for individual chemicals. In general, the MECP uses an approach that is based on identifying the highest reported exposure level that does not result in an observable adverse health effect (referred to as the No Observable Adverse Effect Level or NOAEL), or the lowest reported exposure associated with an observable adverse health effect (referred to as the Lowest Observable Adverse Effect Level or LOAEL). For each chemical, the MECP sets the AAQC or Standard at a concentration that is typically more than 100 times lower than the NOAEL or LOAEL selected for use in the derivation. This approach is used to account for uncertainties that may exist in the toxicological information used in the derivation of the Standard. Using this approach, the MECP developed a 24-hour AAQC and Standard for D/F of 0.1 pg TEQ/m3 (where TEQ = Toxic Equivalency Quotient that represents the total concentration of D/F expressed relative to the toxicity of 2,3,7,8-TCDD). The 24-hour value was derived from toxicological studies that noted developmental effects associated with exposures to D/F (MECP 2009)1. The MECP considers the 24-hour D/F concentration in air to represent an essentially negligible health risk (MECP, 2009). This means that measured 24-hour average D/F concentrations that are at or below the AAQC/Standard would represent a negligible human health risk for people in the local community. On May 26, 2018, a D/F TEQ concentration of 0.109 pg TEQ/m3 was measured at the Courtice WPCP station. Although the D/F TEQ measurement on May 26, 2018 exceeded the MECP 24-hour AAQC, the exceedance was marginal (9% higher than the AAQC). In interpreting the human health risks that may be associated with this exceedance it is important to understand the pattern and frequency of these exceedances. Exposures that exceed a defined exposure limit on an intermittent basis (exceedances are separated by weeks or months) do not represent as much of a human health risk as exceedances that occur on a more frequent basis (occur on multiple consecutive sampling events). Therefore, to properly evaluate the potential health risks that may be associated with the MECP EBR website accessed Aug 21, 2017: http://www.ebr.gov.on.ca/ERS-WEB- External/displaynoticecontent.do?noticeId=MTAW Dk2&status I d = MTY50TQz Design with community in mind m • July 31, 2018 Mr. Gioseph Anello, Manager, Waste Planning, and Technical Services Page 4 of 5 Reference: Durham York Energy Centre, Ambient Monitoring Program — Elevated Dioxins/Furans at Courtice WPCP on May 26, 2018 occasional exceedances of the 24-hour D/F exposure limit, it is important to also consider the frequency of these occurrences. The D/F TEQ concentrations at the Courtice WPCP station have consistently been around 0.02 pg TEQ/m3 for the past several years and in the subsequent sample collected June 19, 2018. In addition, the D/F TEQ concentrations at the Rundle Road and Crago Road stations were 0.091 pg TEQ/m3 and 0.098 pg TEQ/m3, respectively. Based on these results, the exceedance noted on May 26, 2018 would appear to represent an isolated event and as such, would be considered to represent a negligible human health risk. 9. The MECP's Upper Risk Threshold (URT) for D/F TEQ is 1.0 pg TEQ/m3. The URTs are not air quality Standards; rather, URTs represent management limits that are not directly tied to human health effects. An exceedance of an URT is not an indication of potential human health effects. Rather, an exceedance of an URT is an indication that timely action is required to lower the concentrations, and thereby reduce potential human health risks (MECP, 2017)2. Although URTs are not directly linked to the occurrence of human health effects, human health risks associated with prolonged exposures to chemicals in air at concentrations that exceed their respective URTs would not be considered negligible by the MECP. 2 MECP, February 2017: Guideline for the Implementation of Air Standards in Ontario (GIASO) (Guideline A-12) (Version 3). Design with community in mind 67 July 31, 2018 Mr. Gioseph Anello, Manager, Waste Planning, and Technical Services Page 5 of 5 Reference: Durham York Energy Centre, Ambient Monitoring Program — Elevated Dioxins/Furans at Courtice WPCP on May 26, 2018 CONCLUSION Based on Stantec's review, the DYEC is unlikely to have substantially contributed to the elevated D/F concentration at the Courtice WPCP Station measured on May 26, 2018. Furthermore, the measured D/F concentration is not expected to have resulted in an adverse effect on human health or the environment. If you have comments or questions, please contact the undersigned. Regards, Stantec Consulting Ltd. Bryan Leec( Ph.D. Senior Toxicologist Phone: (905) 381-3264 Fax: (905) 385-3534 Bryan.Leece@stantec.com Gregory Croo , P.Eng. Principal, Environmental Services Phone: (416) 598-7687 Fax: (416) 596-6680 Gregory.Crooks@Stantec.com Attachments: Attachment A D/F Data Tables Attachment B Analysis Connie Lim B.A.Sc. Project Manager, Atmospheric Environment Phone: (905) 415-6385 Fax: (905) 474-9889 Connie.Lim@Stantec.com c. Christian Shelepuk, The Regional Municipality of Durham Seth Dittman, The Regional Municipality of York Celeste Dugas, District Manager, York -Durham District Office, MOEC Dr. Robert Kyle, Commissioner & Medical Officer of Health, Region of Durham Kimberly Ireland, Stantec Consulting Ltd. pk v:\016091active\160950528\planning\correspondence\moecc\df_exceedance_may_2018\let_160950528_elevated-df_20180731_rev1.docx Design with community in mind ATTACHMENT A D/F DATA TABLES Dioxins and Furans Location Date Start Time • • hh:mm Crago 0:00' 0.005 Crago (Duplicate) 0:00, 0.009 1,2,3,7,8 -Penta CDD * Courtice 0:00' 0.005 Courtice (Duplicate) 0:00 r 0.011 0.005 Rundle ' 0:00 1,2,3,4,7,8 -Hexa CDD * Rundle (Duplicate) 1 0:00 0.012 Sample Duration hours 0.005 24.08 1,2,3,6,7,8 -Hexa CDD * pg/ms 24.08 0.010 0.015 23.67 0.005 0.009 23.67 pg/ms 0.020 23.19 0.021 0.010 23.19 0.010 Technician pg/ms 0.125 AW 0.128 0.083 AW 0.086 Octa CDD * AW 0.348 0.354 AW 0.317 0.293 AW Total Tetra CDD * pg/ms AW 0.075 Filter Number 0.083 0.042 GNA486-01 Total Penta CDD * pg/m' GNA486-01 0.021 0.065 GNA487-01 0.015 0.015 GNA487-01 pg/m' 0.173 GNA488-01 0.185 0.073 GNA488-01 0.092 Maxaam ID pg/m' 0.263 GUN309 0.276 0.194 GUN309 0.172 2,3,7,8 -Tetra CDF ** GUN297 0.091 0.167 GUN297 0.181 0.141 GUN298 1,2,3,7,8 -Penta CDF ** pg/m' GUN298 0.030 Maxxam Job # 0.041 0.041 B8C6452 2,3,4,7,8 -Penta CDF ** pg/m' B8C6452 0.070 0.096 B8C6448 0.091 0.075 B8C6448 pg/m' 0.162 B8C6448 0.183 0.168 B8C6448 0.122 Total Volumetric Flow Ami/sample 0.082 333.59 WHO... 0.079 333.59 WHO.r, 2,3,4,6,7,8 -Hexa CDF ** 328.44 WH020DGMIVIMWENIPW 0.085 328.44 WHO.r, 0.069 294.74 WH02-IMIFWWMMIPPM pg/m' 294.74 WHO2 Analytical Results 2,3,7,8 -Tetra CDD" Units pg Value <3.4 EDL 3.4 TEF 1 Value 17.2 EDL 7.2 TEF 1 V. lue <3.3 EDL 3.3 TEF 1 <6.1 b.l TEF 1 V, lue <3.6 EDL 3.6 TEF 1 <5.6 0.080 TEF 1,2,3,7,8 -Penta CDD pg <3.6 3.6 1 <6.7 6.7 1 <3.6 3.6 1 <7.0 7.0 1 <3.2 3.2 1 <8.6 8.6 1 1,2,3,4,7,8 -Hexa CDD * pg <3.2 3.2 0.1 <7.9 7.9 0.1 <3.4 3.4 0.1 <7.5 7.5 0.1 <3.0 3.0 0.1 <6.8 6.8 0.1 1,2,3,6,7,8 -Hexa CDD ` pg 4.3 3.3 0.1 <6.4 6.4 0.1 5.0 3.5 0.1 <6.1 6.1 0.1 <3.1 3.1 0.1 <5.5 5.5 0.1 1,2,3,7,8,9 -Hexa CDD * pg 6.8 3.1 0.1 <6.8 6.8 0.1 6.8 3.2 0.1 <6.5 6.5 0.1 4.3 2.9 0.1 <5.9 5.9 0.1 1,2,3,4,6,7,8 -Hepta CDD ' pg 41.6 3.3 0.01 29.8 6.6 0.01 42.2 3.5 0.01 27.3 6.6 0.01 28.1 2.8 0.01 25.3 4.1 0.01 Octa CDD * pg 116 3.1 0.0003 118 7.1 0.0003 131 3.2 0.0003 104 7.2 0.0003 86.5 2.8 0.0003 93.3 9.8 0.0003 Total Tetra CDD ` pg 29.1 3.4 25.0 7.2 31.9 3.3 Total Hexa CDD 27.2 6.1 12.5 3.6 7.5 5.6 pg TEQ/m' Total Penta CDD * pg 30.3 3.6 <14 (1) 14 pg TEQ/m' 21.5 3.6 0.0198 <16 (1) 16 0.0139 <9.0 (2) 9.0 0.0013 <8.6 (1) 8.6 0.0012 Total Hexa CDD ` pg 57.6 3.2 0.031 37.1 7.0 0.025 60.9 3.4 1,2,3,4,7,8 -Hexa CDF 24.1 6.7 0.0165 34.4 3.0 0.0138 27.1 6.0 pg TEQ/m' Total Hepta CDD • pg 87.9 3.3 0.0072 69.6 6.6 pg TEQ/m' 90.6 3.5 0.0095 63.6 6.6 0.0069 59.4 2.8 0.0019 50.6 4.1 0.0013 2,3,7,8 -Tetra CDF *' pg <61 (1) 61 0.1 55.8 (2) 6.8 0.1 64.9 3.3 0.1 59.6 7.1 0.1 41.6 3.6 0.1 41.1 6.8 0.1 1,2,17,8 -Penta CDF ** pg 15.0 3.2 0.03 10.1 6.8 0.03 15.9 3.3 0.03 13.6 6.9 0.03 12.1 3.5 0.03 <12 12 0.03 2,3,4,7,8 -Penta CDF ** pg 34.6 3.2 0.3 23.3 6.9 0.3 31.4 3.2 0.3 26.9 6.9 0.3 26.7 3.5 0.3 22 12 0.3 1,2,3,4,7,8 -Hexa CDF •• pg 54.1 (2) 3.1 0.1 55.1 (3) 6.6 0.1 60.1 (1) 2.9 0.1 55.1 (2) 6.7 0.1 40.7(l) 3.0 0.1 6.1 (2) 7.6 0.1 1,2,3,6,7,8 -Hexa CDF" pg 27.3 3.2 0.1 23.8 5.6 0.1 27.2 2.9 0.1 26.1 5.7 0.1 21.1 3.1 0.1 18.3 6.5 0.1 2,3,4,6,7,8 -Hexa CDF •• pg 29.5 3.4 0.1 28.4 7.0 0.1 31.1 3.1 0.1 <29 (1) 29 0.1 20.2 3.3 0.1 20.3 8.1 0.1 1,2,3,7,8,9 -Hexa CDF" pg 6.3 3.6 0.1 <8.3 8.3 0.1 5.2 3.4 0.1 <8.5 8.5 0.1 5.2 3.5 0.1 <9.6 9.6 0.1 1,2,3,4,6,7,8 -Hepta CDF •• pg 141 2.6 0.01 94.2 5.2 0.01 160 2.7 0.01 111 5.8 0.01 97.1 3.2 0.01 67.4 6.7 0.01 1,2,3,4,7,8,9 -Hepta CDF" pg 31.0 3.1 0.01 24.9 8.3 0.01 29.0 3.2 0.01 31.0 9.3 0.01 23.6 3.8 0.01 24 11 0.01 Octa CDF ** pg 106 3.0 0.0003 89.3 8.4 0.0003 109 2.8 0.0003 108 6.0 0.0003 73.2 4.0 0.0003 70.6 7.2 0.0003 Total Tetra CDF" pg 385 3.5 385 6.8 381 3.3 374 7.1 303 3.6 311 6.8 Total Penta CDF "" pg 399 3.2 238 6.8 1 375 3.2 349 6.9 321 3.5 142 12 Total Hexa CDF ** pg 317 3.3 293 6.7 315 3.1 235 6.9 262 3.2 214 7.8 Total Hepta CDF ** pg 263 2.9 189 6.4 282 3.0 216 7.1 199 3.5 157 8.3 Toxic Equivalency pg Notes: * CDD = Chloro Dibenzo-p-Dioxin ** CDF = Chloro Dibenzo-p-Furan 2,3,7,8 -Tetra CDD * pg/m' 0.005 0.011 0.005 0.009 0.006 0.009 1,2,3,7,8 -Penta CDD * pg/m' 0.005 0.010 0.005 0.011 0.005 0.015 1,2,3,4,7,8 -Hexa CDD * pg/m' 0.005 0.012 0.005 0.011 0.005 0.012 1,2,3,6,7,8 -Hexa CDD * pg/ms 0.013 0.010 0.015 0.009 0.005 0.009 1,2,3,7,8,9 -Hexa CDD * pg/ms 0.020 0.010 0.021 0.010 0.015 0.010 123,447,8 -Hepta CDD * pg/ms 0.125 0.089 0.128 0.083 0.095 0.086 Octa CDD * pg/ms 0.348 0.354 0.399 0.317 0.293 0.317 Total Tetra CDD * pg/ms 0.087 0.075 0.097 0.083 0.042 0.025 Total Penta CDD * pg/m' 0.091 0.021 0.065 0.024 0.015 0.015 Total Hexa CDD * pg/m' 0.173 0.111 0.185 0.073 0.117 0.092 Total Hepta CDD * pg/m' 0.263 0.209 0.276 0.194 0.202 0.172 2,3,7,8 -Tetra CDF ** pg/m' 0.091 0.167 0.198 0.181 0.141 0.139 1,2,3,7,8 -Penta CDF ** pg/m' 0.045 0.030 0.048 0.041 0.041 0.020 2,3,4,7,8 -Penta CDF ** pg/m' 0.104 0.070 0.096 0.082 0.091 0.075 1,2,3,4,7,8 -Hexa CDF ** pg/m' 0.162 0.165 0.183 0.168 0.138 0.122 1,2,3,6,7,8 -Hexa CDF ** pg/m' 0.082 0.071 0.083 0.079 0.072 0.062 2,3,4,6,7,8 -Hexa CDF ** pg/m' 0.088 0.085 0.095 0.044 0.069 0.069 1,2,3,7,8,9 -Hexa CDF ** pg/m' 0.019 0.012 0.016 0.013 0.018 0.016 1,2,3,4,6,7,8 -Hepta CDF ** pg/m' 0.423 0.282 0.487 0.338 0.329 0.229 1,2,3,4,7,8,9 -Hepta CDF ** pg/m' 0.093 0.075 0.088 0.094 0.080 0.081 Octa CDF ** pg/m' 0.318 0.268 0.332 0.329 0.248 0.240 Total Tetra CDF ** pg/m' 1.154 1.154 1.160 1.139 1.028 1.055 Total Penta CDF ** pg/m' 1.196 0.713 1.142 1.063 1.089 0.482 Total Hexa CDF ** pg/m' 0.950 0.878 0.959 0.715 0.889 0.726 Total Hepta CDF ** pg/m' 0.788 0.567 0.859 0.658 0.675 0.533 Toxic Equivalency pg/m' TOTAL TOXIC EQUIVALENCY Calculated Concentration.EIW DaTEQIM3 0.098 Crag. 0.101 Crago 0.109 Courtice 0.103 co.rt',ce (Duplicate) 0.091 Rundle 0.095 Rundle (Duplicate) TEQ 2,3,7,8 -Tetra CDD * nils M= r 0.005 26/05/2018 0.011 26/05/2018 0.005 0.009 0.009 pg TEQ/m' 0.006 1,2,3,7,8 -Penta CDD pg TEQ/m' 0.005 0.010 0.005 0.011 0.005 0.015 1,2,3,4,7,8 -Hexa CDD pg TEQ/m' 0.0005 0.0012 0.0005 0.0011 0.0005 0.0012 1,2,3,6,7,8 -Hexa CDD pg TEQ/m' 0.0013 0.0010 0.0015 0.0009 0.0005 0.0009 1,2,3,7,8,9 -Hexa CDD pg TEQ/m' 0.0020 0.0010 0.0021 0.0010 0.0015 0.0010 123,447,8 -Hepta CDD pg TEQ/m' 0.0012 0.0009 0.0013 0.0008 0.0010 0.0009 Octa CDD pg TEQ/m' 0.00010 0.00011 0.00012 0.00009 0.00009 0.00009 Total Tetra CDD pg TEQ/m' Total Penta CDD pg TEQ/m' Total Hexa CDD pg TEQ/m' Total Hepta CDD pg TEQ/m' 2,3,7,8 -Tetra CDF ** pg TEQ/m' 0.0091 0.0167 0.0198 0.0181 0.0141 0.0139 1,2,3,7,8 -Penta CDF pg TEQ/m' 0.0013 0.0009 0.0015 0.0012 0.0012 0.0006 2,3,4,7,8 -Penta CDF pg TEQ/m' 0.031 0.021 0.029 0.025 0.027 0.022 1,2,3,4,7,8 -Hexa CDF pg TEQ/m' 0.0162 0.0165 0.0183 0.0168 0.0138 0.0122 1,2,3,6,7,8 -Hexa CDF pg TEQ/m' 0.0082 0.0071 0.0083 0.0079 0.0072 0.0062 2,3,4,6,7,8 -Hexa CDF pg TEQ/m' 0.0088 0.0085 0.0095 0.0044 0.0069 0.0069 1,2,3,7,8,9 -Hexa CDF pg TEQ/m' 0.0019 0.0012 0.0016 0.0013 0.0018 0.0016 1,2,3,4,6,7,8 -Hepta CDF pg TEQ/m' 0.00423 0.00282 0.00487 0.00338 0.00329 0.00229 1,2,3,4,7,8,9 -Hepta CDF pg TEQ/m' 0.00093 0.00075 0.00088 0.00094 0.00080 0.00081 Octa CDF pg TEQ/m' 0.000095 0.000080 0.000100 0.000099 0.000075 0.000072 Total Tetra CDF pg TEQ/m3 Total Penta CDF pg TEQ/m' Total Hexa CDF pg TEQ/m' Total Hepta CDF TEQ/m3 TOTAL TOXIC EQUIVALENCY pq TEQ/m' 0.098 0.101 0.109 0.103 0.091 0.095 Notes: EDL = Estimated Detection Limit * CDD = Chloro Dibenzo-p-Dioxin, ** CDF = Chloro Dibenzo-p-Furan TEF = Toxic Equivalency Factor, TEQ = Toxic Equivalency Quotient WHO(2005): The 2005 World Health Organization, Human and Mammalian Toxic 70 ATTACHMENT B ANALYSIS 71 72 Dioxins and Furans Concentration Hourly Wind Rose on May 26, Station D/F Concentration through 2018 Wind Rose on May 26, 2018 Wind Direction Time Series on May 26, 2018 on May 26, 2018 2018 (PgTEQ/ m3) 0.12 Wind Speed and Direction at c _. NORTH........ Crago Road Station during May 26 C 0. 1' , ......... e 400 �'•. : , •. 3s `2�% 300 - 0.0614% o ,: ,,•,,. ., " 0.04 ..,.20 ' 200 c ..� 2 a V :WEST{ FAST: o+• ••�.••�. 150 Crago 0.098 0 0.02AL • • 1.4•g•� 100 V 15 1k I i 1i 0 L S :3 SD LL y 9 S S-� c� U-� •, .... .. SPD D C-� O� ]- 2O 2O �� 2a o Q� �O - �Q :.,; "•..,,:," ........._. i""' ""' " -) 4.00 05.00 �'•,., 235 - 1% j�0 ?QJ ?Q]. ��. �C{J. S�. �. ,QJ. 84J. 94J. ZOO jZ 7j0 ?QJ. ?�. 34J. p�. S� SQJ. �. �C{J.9�. ZOO Z'rb jib 0 0.00 .q7 ,� .q0 ,47 .� .� .q .cb ,� 0 q0 60 q7 ,b 47 4) X6, X00 X00 X 0 8 1� 1� 1� 8 8N ...... "'..:.......... 3.00-4.00 '-- ��, _j, 9�9� 9� 9� 9y2 9� 9y 9� 9q� 9y2 9� 9y2 n� n A 9 Ri ti y ........._.SOUTH._.: 2.00-3.00 J ❑ Date 1.00-2.00 _ 1m Time on May 26,2018 0 0.50-1.00 Calms: 13.01% - 1 -minute Wind Direction -24hour Average W nd Direction ..... Wind Direction Toward DYECStack • D/F Samples Median Concentration 0.12 Wind Speed and Direction at m Rundle Road Station during May 26 E - NORTH, - C 0.1 %''. WiM olrectien ('I a� lt� ._ .' ,' ....:.............�' '• 35% � 3 So za% 41 300 0.06 .,'21% - Ia.L L + -., X14% ' 19 250 - N ..101 .... ..... ................. 0.04 • 7% :<, z? 0 200 :...........i...........'.......... i... ;WEST: :.......... ... ...............) :FAST: 5 65 �. 20 0 a 150 ,a , a Rundle 0.091 0 0.02 •,,. 9 .Bw„� 100 0 I'. rL W S. 50 LL C '! Y V 2 V -6" �( 9S� 0 �� 2 �Q V c0 s� ... ... �'-- '=5.00 � 400-soa 2 ` � ' J24. S 6 �0 00 00 . 9 9. Z0 00 "00O .lr .I2 J. 2,0 L'b 00 00 008.00 9. !O. '7Z J2. 000 OOOOOOO d� �d8 ��8 a�8 d� 18 �d8 8 "'..t....., 300 400 ..� 09 479 �9 4i9 4)9 W9 479 �9 4)9,� 9� OO q W 2i4)q q,-4) 47 4) 4)q 4) 47gO000A000A0009 �� 9'Ll '9'Ll y7 .o ❑ ...............SOUrH.--. � 2.00-3.00 Date E] 1.00-2.00 so Time on May 26,2018 D 0.50 -1.00 Calms: 2.14% - 1-inute Wind Direction-24hou,A-ge Wind Direction ..... Wind Di rection Toward DYEC Stack • D/F Samples Median Concentration -- xre4 °t..x°e rwwa°v�slaa 0.12 Wind Speed and Direction at m Courtice WPCP Station during May 26 ibkw 400 w F 0.08 i 35% ~ 350 �+ i i:2.8% 300 s 0.06 .:............ ;'z1% _ Courtice 0.109 0 04 V c 0.02 ;:. 7%,.-; ----------------------------......:..... 'iWESTi �., ... l . ... ......' EP,STi • 250 -0 v zoo 150 „ '° ie� 18 ` 21 loo M7, WIND SPEM 0 i -5.00 0 I _ �o �o �o �� " :- 400 5 00 19 Z?0�00�47� o o� 0 18 1� o� o� 3.00 - 4.00 : 00 �47 �� 00 ��4i� �� Q�(b �(bZbq�00,pO92109'%1 .........................xSOUTH ......,. � 2.00-3.00 O'0��A0009 '19 p�47 O 1.00-2.00 as Date 3.50-1.00 Time on May 26, 2018 Calms: 9.72% -1-minute Wind Direction -24hour A-ge Wnd Direction ••... Wind Direction Toward DYECStack • D/F Samples Median Concentration -- mea or.sn°erw.oa °r�s1�a 72 Ministry of the Environment, Conservation and Parks Central Region York Durham District Office 230 Westney Road South, 5'h Floor Ajax ON LIS 7J5 Toll -Free : 1-800-376-4547 Telephone.: 905-427-5600 Fax: 905-427-5602 October 31, 2018 Ministere de I'Environnement, de is Protection de la nature et des Pares Region du Centrel Bureau de district de York Durham 230 route Westney sud, 5e 6tage Ajax ON LIS 7J5 Sans frais : 1-800-376-4547 T616phone : 905 427-5600 Telecopieur : 905 427-5602 Gioseph Anello, MEng, PEng, PMP Manager of Waste Planning & Technical Services The Regional Municipality of Durham 605 Rossland Road East Whitby ON L1 N 6A3 Re: Durham York Energy Centre Ambient Air Monitoring Program Dioxin and Furan Exceedance at Courtice Station — May 26, 2018 Ontario The ministry has completed a review of the letter from Stantec Consulting Ltd., dated July 31, 2018, regarding the dioxin and furan exceedance at the Courtice ambient air monitoring station. On May 26, 2018, a dioxin and furan concentration of 0.109 pg (picogram)/m3 was recorded at the Courtice station. The result was 9% above the Ambient Air Quality Criteria of 0.1 pg/ml. Elevated dioxin and furan concentrations were also detected at the Rundle Road station (0.091 pg/ml) and at the Crago Road station (0.098 pg/ml) for the same monitoring period. The ministry completed a data validation review and toxicological assessment of the dioxin and furan results. The dioxin and furan results are deemed to be valid based on a review of the laboratory analysis and the recorded air flows. The toxicological review concluded no adverse effects would be expected based on the reported concentrations. During the monitoring period the predominant winds were blowing from the southwest and west which places the Courtice station upwind of the Durham York Energy Centre. A potential source of the elevated dioxin and furan concentrations could not be determined due to light winds and low mixing/dispersion conditions. If you have any questions please contact me at (905)4275626, celeste.dugas(aoontario.ca or Phil Dunn at (905)427-5627, philip.dunn@ontario.ca. Yours truly, Celeste Dugas District Manager York Durham District c: L, Fortuna, Region of Durham S. Dittman, Region of York M. Neild, Covanta 73 From: Duaas, Celeste (MECP) To: Burke, Amv Cc: Dunn, Philip (MECP); Langmaid, Fay; Butchart, Jeff (MECP) Subject: RE: Durham York Energy Centre D/F Exceedance 2018-05-26 (MOC File PLN 33.3.10) Date: Monday, November 26, 2018 1:38:16 PM Attachments: Nov.26,2018 Response to Clarinaton Council Resolution.Ddf Elevated DF -MECP Letter Oct.31, 2018.Ddf Amy, The attached letter has been prepared in response to the information requested by the Municipality of Clarington as outlined in resolution #C-267-18. I've also attached a copy of the letter sent to the Region of Durham from the Ministry of Environment, Conservation and Parks, dated October 31, 2018, regarding the elevated concentration of dioxin and furan at the Courtice ambient air monitoring station. As stated in the attached, the ministry completed a data validation review and toxicological assessment of the dioxin and furan results and we have determined the results to be valid. In addition, the ministry has concluded that no adverse effects would be expected based on the reported concentrations. If you have any questions please contact me at (905)427-5626, celeste.dugas&ontario.ca or alternatively you can contact Senior Environmental Officer Phil Dunn at (905)427-5627, philip.dunnl'gontario.ca. Regards, Celeste Dugas District Manager York Durham District Office Ministry of Environment, Conservation and Parks 230 Westney Road South, 5th Floor Ajax, ON Ll S 7J5 celeste.dugas e.ontario.ca Newmarket Phone: (905)836-7446 Ajax Phone: (905)427-5626 From: Burke, Amy [mailto:ABurke@clarington.net] Sent: October -19-18 9:52 AM To: Dugas, Celeste (MECP) <Celeste.Dugas@ontario.ca> Cc: Dunn, Philip (MECP) <Philip.Dunn @ontario.ca>; Langmaid, Faye <flangmaid@clarington.net> Subject: Durham York Energy Centre D/F Exceedance 2018-05-26 (MOC File PLN 33.3.10) Good Morning Celeste, 74 At the September 17, 2018 Municipality of Clarington Council meeting, questions relating to the measured dioxins and furans exceedance at the Durham York Energy Centre's (DYEC) Courtice Water Pollution Control Plan monitoring station on May 26, 2018 and the supplemental information prepared by Stantec (letter dated July 31, 2018 to Gioseph Anello, Region of Durham) were raised. The attached resolution #C-267-18 was subsequently passed by Council with respect to requesting information from the Ministry of the Environment, Conservation and Parks (MECP) on this matter. Can the MECP please provide responses the three questions raised in the attached resolution, including: 1. Does the MECP agree that the incinerator was "unlikely to have substantially contributed to the elevated dioxins and furans concentration at the Courtice WPCP Station measured on May 26, 2018"? 2. If the dioxins and furans concentrations were from a regional source rather than the DYEC, is there an explanation for how the higher concentrations would be clustered around the incinerator? What did the AMESA continuous monitoring of dioxins and furans show for the days in question, and has the continuous monitoring been validated? We appreciate your support with this matter. Kind regards, Amy Amy Burke Senior Planner — Special Projects Planning Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 905-623-3379 ext. 2423 11-800-563-1195 www.clarington.net 75 Ministry of the Environment, Conservation and Parks Central Region York Durham District office 230 Westney Road South, 5'h Floor Ajax ON L1S 7,15 Toll -Free: 1.800-376-4547 Telephone.: 905-427-5600 Fax: 905-427-5602 November 26, 2018 Ministere de I'Environnement, de la Protection de la nature et des Pares Region du Centrel Bureau de district de York Durham 230 route Westney sud, 5° etage Ajax ON US 7,15 Sans frais : 1-800-376-4547 Telephone : 905 427-5600 Telecopieur : 905 427-5602 Amy Burke, MEng, PEng, PMP Senior Planner — Special Projects Planning Services Department Municipality of Clarington 40 Temperance Street Bowmanville ON UC 3A6 Re: Clarington Council Resolution, dated September 17, 2818 Durham York Energy Centre (DYEC) Ambient Air Monitoring Program Dioxin and Furan Exceedance at the Courtice Station Dear Ms. Burke: Ontario 1 am responding to your email and attached council resolution regarding the elevated concentration of dioxin and furan at the Courtice ambient air monitoring station, on May 26, 2018. I've provided a response to each question in the referenced council resolution: Q: Does the MECP agree that the incinerator was "unlikely to have substantially contributed to the elevated dioxins and furans concentration at the Courtice WPCP Station measured on May 26, 2018"? A: The ministry agrees with the consultants' conclusion that the DYEC was unlikely to be the major contributor to the elevated concentration at the Courtice station. The ministry review of the Stantec Consulting Ltd. letter to the Region of Durham, dated July 31, 2018, included a data validation review and toxicological assessment of the dioxin and furan results. The ministry has determined the results to be valid and the toxicological review concluded that no adverse effects would be expected based on the reported concentrations. During the monitoring period the predominant winds were from the southwest and west which places the Courtice monitoring station upwind of the DYEC. A potential source of the elevated dioxin and furan concentrations could not be 76 determined due to light winds and low mixing/dispersion conditions. Covanta completed the annual voluntary source test the week of May 28 to June 1, 2018. The results of the test indicate that dioxin and furan concentrations in emissions from the DYEC were significantly below the compliance limit. Q: If the dioxins and furans concentrations were from a regional source rather than the DYEC, is there an explanation for how the higher concentrations would be clustered around the incinerator? A: As indicated, a potential source of the elevated dioxins and furans concentrations could not be determined. At this time, there is no data from other monitoring locations that would indicate that there is a cluster of high concentrations around the incinerator. The continuation of the ambient air monitoring program will enable the ministry to assess trends and may help to identify other potential sources that affect local ambient air quality. Q: What did the AMESA continuous monitoring of dioxins and furans show for the days in question, and has the continuous monitoring been validated? A: Covanta and the Region of Durham continue to evaluate the data from the AMESA system (collected monthly since late 2015) to determine if the data provides an accurate estimate of dioxins and furans in emissions and if it can be correlated to source test results. Once the evaluation of the AMESA system is completed the data will be used to assess the ongoing performance of the air pollution control system. The data from the AMESA system is not intended to be used for compliance verification. If you have any questions please contact me at (905)427-5626, celeste.dugas(crpontario.ca or Phil Dunn, Senior Environmental Officer, at (905)427- 5627, philip.dunn( )ontario.ca. Yours truly, Celeste Dugas District Manager York Durham District c: L. Fortuna, Region of Durham 77 Ministry of the Environment, Conservation and Parks Central Region York Durham District Office 230 Westney Road South, 5'h Floor Ajax ON l.1 S 7J5 Toll -Free : 1-800-376-4547 Telephone.: 905-427-5600 Fax: 905-427-5602 October 31, 2018 Ministere de I'Environnement, de is Protection de la nature et des Pares Region du Control Bureau de district de York Durham 230 route Westney sud, 5e 6tage Ajax ON US 7J5 Sans frais : 1-800-376-4547 T616phone : 905 427-5600 Telecopieur : 905 427-5602 Gioseph Anello, MEng, PEng, PMP Manager of Waste Planning & Technical Services The Regional Municipality of Durham 605 Rossland Road East Whitby ON L1 N 6A3 Re: Durham York Energy Centre Ambient Air Monitoring Program Dioxin and Furan Exceedance at Courtice Station — May 26, 2018 Ontario The ministry has completed a review of the letter from Stantec Consulting Ltd., dated July 31, 2018, regarding the dioxin and furan exceedance at the Courtice ambient air monitoring station. On May 26, 2018, a dioxin and furan concentration of 0.109 pg (picogram)/ml was recorded at the Courtice station. The result was 9% above the Ambient Air Quality Criteria of 0.1 pg/ml. Elevated dioxin and furan concentrations were also detected at the Rundle Road station (0.091 pg/ml) and at the Crago Road station (0.098 pg/ml) for the same monitoring period. The ministry completed a data validation review and toxicological assessment of the dioxin and furan results. The dioxin and furan results are deemed to be valid based on a review of the laboratory analysis and the recorded air flows. The toxicological review concluded no adverse effects would be expected based on the reported concentrations. During the monitoring period the predominant winds were blowing from the southwest and west which places the Courtice station upwind of the Durham York Energy Centre. A potential source of the elevated dioxin and furan concentrations could not be determined due to light winds and low mixing/dispersion conditions. If you have any questions please contact me at (905)427-5626, celeste.dugas(aoontario.ca or Phil Dunn at (905)427-5627, philip.dunn@ontario.ca. Yours truly, r' Celeste Dugas District Manager York Durham District c: L. Fortuna, Region of Durham S. Dittman, Region of York M. Neild, Covanta Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint General Government and Planning and Development Committees Date of Meeting: January 7, 2019 Report Number: File Number: PSD -002-19 PLN 37.0.1 Resolution: By-law Number: Report Subject: 2018 Results and Seasonal Sidewalk Patios Program Application, Guidelines and Approval Procedures Recommendations: 1. Report PSD -002-19 be received; 2. That the Application for Seasonal Sidewalk Patios on municipal property, Attachment 1 to Report PSD -002-19, be approved; 3. That subject to the provisions outlined in the application and Boulevard By-law 2013-066 the Director of Engineering Services and Director of Planning Services will review, circulate for comment and approve the site plans for seasonal sidewalk patios; 4. That exceptions to the Traffic and Parking Bylaw 2014-059, Section 20(1) Retail Sales be granted for the sidewalk patio locations; 5. That Council approve allocating $7500 from the Orono CIP 2018 grants to be used to provide an incentive should a restaurant in Orono wish to apply for an on -street outdoor patio; 6. That Council authorize staff to take all necessary actions to assist with the implementation for outdoor patios in future summer seasons; and 7. That all interested parties and any delegations be advised of Council's decision. 79 Municipality of Clarington Resort PSD -002-19 Report Overview Paae 2 Council approved a pilot project to permit restaurants in downtown Bowmanville and Newcastle to use on -street parking as the sidewalk and/or patio for patrons to eat and drink outdoors. Staff developed guidelines, approval procedures, designed and had outdoor patios constructed at two locations, one in each downtown in 2018. This report provides an overview of the results of the 2018 pilot outdoor patios and sets out the application, guidelines and approval process for future years. In addition, the report provides an update on the recently completed 20 King Street bus -stop streetscape redevelopment. 1. Background 1.1. Seasonal sidewalk patios are uses within the municipal road allowance for pedestrian - oriented amenities that improve liveability, enhance the pedestrian experience, activate the street and support local business. 1.2. In May, 2017, Council adopted Report PSD -033-17 which provided for: a) A process for a pilot project in 2017 should any restauranteurs wish to implement a sidewalk patio or streatery; b) Council set aside $15,000 from the 2017 and prior years Community Improvement Plan grants allocation for both Newcastle and Bowmanville to be used as an incentive to assist a restaurant with implementation; c) Planning Services were asked to develop Guidelines and Approval Procedures for privately -initiated seasonal sidewalk patios on municipal road allowances for the 2018 summer season; and d) The 20 King Street East GO/DRT bus -stop to be redeveloped as a streetscape enhancement project. 1.3 When the restaurants on King Street in the Bowmanville BIA area and King Avenue in the Newcastle BIA area were contacted there was positive feedback and response. At that time, there were fourteen restaurants in Bowmanville's downtown core and five restaurants in Newcastle's downtown core. All restaurants were approached with respect to their potential interest in developing a seasonal sidewalk patio during 2017. Two restaurants, one in each downtown had the ability to amend their liquor license to accommodate the seasonal patio. Staff met with these potential proponents to outline the pilot project, engage in further discussion and assist with implementing patios at these locations for the 2018 summer season. Municipality of Clarington Report PSD -002-19 Page 3 1.4 For the restauranteurs the main criteria in wishing to participate in a sidewalk patio initiative was contingent on being able to serve liquor and assurance that the investment they were making (in outdoor furniture, lighting, heaters, etc.) would be for more than a single season. Staff worked with the restaurants to ensure that the platforms constructed met accessibility requirements and were of a size that fit the restaurants desire for number of seats/servers and their liquor license requirements. 2. Guidelines and Approval Procedure for Seasonal Sidewalk Patios 2.1 Municipal staff developed an Application Form for seasonal sidewalk patios for 2018. The application form has been updated and is Attachment 1 for use in future years. 2.2 The restaurant owners at 36 Kitchen and Walsh's Snug wish to operate sidewalk patios again in 2019. In both cases the restaurant owns their location and have capacity to include the patio area in their liquor license. 2.3 To ensure the rerouting of the sidewalk was carried out in a manner that considers and manages the risk posed to pedestrians the Municipality was responsible for the design and construction. The Municipality provides off site winter storage of the sidewalk extension. The work (see Figure 1 and 2) was carried out by a contractor with the funding allocated by Council Resolution #C-143-17. The restaurant owners were responsible for the patio area on the existing sidewalk including railing separation, planters, tables, chairs, heaters, lighting, umbrellas/awnings, etc. (Figure 3 through 6). Figures 1 and 2: Construction of seasonal patio in parking space, overlapping the sidewalk t:P Municipality of Clarington Report PSD -002-19 Page 4 t Figures 3 and 4: Completed patio with landscaping in parking spaces and continuous sidewalk ME LO jr 11� Municipality of Clarington Resort PSD -002-19 i Figure 5: Sidewalk flowing into and through the parking space -_- -_ - -� Ift7ir Paae 5 Figure 6: Railings, Furniture and Planters by restaurant adjacent to their front door Municipality of Clarington Resort PSD -002-19 Paae 6 2.4 The fee paid by restauranteurs is a flat rate of $1500 to cover the loss of parking revenue (in Bowmanville) and pay for the ongoing operating costs for the removal, maintenance and storage of the sidewalk or patio. It is recommended that this fee remain the same in 2019 and in future years it become subject to the same increase as other Planning applications (e.g. 3%). 2.5 There are coffee shops and cafes that do not have liquor licences who have placed tables and chairs adjacent to their storefronts. Provided this street furniture is maintained by the cafe owner and does not narrow the sidewalk below 1.8 metres they have historically been allowed. However should the furniture impede pedestrian access, municipal law enforcement has the right to remove the impediment as outlined in the Boulevard By-law 2013-066. 3. Community Support 3.1 Council identified seasonal sidewalk patios as an element that would help to enliven historic downtowns. Council approved $15,000 from the 2017 CIP funds in Bowmanville and Newcastle to help incent restaurant owners to develop sidewalk patios. The funding was used for the construction of the sidewalk extension or patio area at the two locations. The patio construction and removal has been contracted out. 3.2 The Bowmanville BIA and CIP liaison groups were consulted on the implementation of the sidewalk patios including discussions on the loss of the parking spaces. The BIA agreed that the pilot outdoor patio was a people generator that enlivened the street. Initial concerns regarding safety issues and loss of parking spaces were for the most part addressed by the implementation. No negative comments from members or business patrons were received. At the October 17, 2018 meeting of the Bowmanville CIP liaison group the members felt that the pilot had been very successful and supported the continuation and expansion of outdoor patios in future years. 3.3 Newcastle BIA and CIP liaison groups were supportive of enlivening the street with additional activity. They did not observe any loss of business due to the patios, rather there was additional pedestrian activity within the downtown as people lingered. At the October 18, 2018 meeting of the Newcastle CIP liaison group the following resolution was passed: That the Newcastle CIP liaison group support the continuation and expansion of outdoor patios because they have beautified the downtown, and enhanced the pedestrian experience. 3.4 Orono BIA and CIP liaison group have requested Council consider providing the same incentive should a restauranteur in Orono wish to participate in the program. At the October 10, 2018 meeting of the Orono CIP liaison group the following resolution was passed: MI Municipality of Clarington Resort PSD -002-19 Paae 7 The Orono CIP Liaison Group request as part of the outdoor patio pilot project report to Council, funding of up to $7,500 be allocated from the Orono CIP to assist with an outdoor patio should a restaurant come forward that meets the criteria set out in the application used for Newcastle and Bowmanville. 3.5 The Clarington Board of Trade undertook a Business Retention and Expansion study of the retail sector in 2016. The study did not have any questions specific to sidewalk patios and no comments were received about patios. The study did include questions on parking adequacy. Expansion of parking opportunities was a recurring response in Bowmanville and Orono, less so in Newcastle where it was considered to be adequate. No specific concerns about the sidewalk patios have been brought forward to CBOT or the office of economic development. 3.6 Tourism operators have received positive feedback from visitors that sidewalk dining opportunities are appreciated. The seasonal sidewalk patios may have increased visitor numbers and activity. Clarington Tourism featured sidewalk cafes as part of their promotion. Both restaurants experienced increased sales. It is unknown if this spin-off applies to other businesses in the downtowns and also whether it can be attributed to the sidewalk patios. 3.7 Staff reviewed the application and requirements with the Accessibility Co-ordinator and met with the Accessibility Advisory Committee. The patios met the requirements of the Accessibility for Ontarians with Disabilities Act. The location and dimension of the patio entrances, exits, and access to washrooms met minimal standards. Articulated early in the process, is the issue of access to washroom facilities. Patrons in wheelchairs or walkers (or who cannot manage stairs) had easy access to the level outdoor patio areas. However, they did not necessarily have access to the restaurant washrooms. This is an ongoing issue which will, going forward, continue to be considered. 3.8 In late July through to mid-August a survey was distributed to patrons of the outdoor patios. There was no obligation to complete the survey rather it was designed to gauge the response to the outdoor patios and garner information on visitation to the restaurant and other businesses in the downtown, 160 surveys were completed. The results of the survey were: • 99% of those surveyed say the downtowns are improved by the patios and support having more patios. • 33% of the visits to the patios are by non-Clarington residents. • 75% of those visiting the downtowns do so because of the patios and 55% visit other shops in addition to the patio. • Comments: "Riding through town and this restaurant looked inviting - so we stopped for dinner. We'll be back!" Municipality of Clarington Resort PSD -002-19 Paae 8 3.9 The restaurant owners/managers have provide the following feedback: We totally loved being part of the patio pilot scheme, our customers loved it, even the earlier skeptics managed to find their way outside and found their concerns for the most part unfounded. We saw a noticeable increase in business, including many new faces and first time tourists to Newcastle, who said they just stopped because it looked so nice. We are happy to report that we hired four new staff, two in the kitchen and two servers, all locals, to ensure the standards were kept up. We would love to do it again next year. Thank you all at Clarington for all the help in the beginning, yours John Walsh, the Snug. The patio was definitely a success and we would love to participate again next year! We have a few items on our agenda for modification, but it was a great learning opportunity and we look forward to the chance to improve. Thanks to the Town for the support! Kind regards, Teresa Mofina, 36 Kitchen. 3.10 There continues to be criticism of allowing seasonal patios because of the loss of parking and how it affects the pedestrian flow along the sidewalk by some residents and business owners. 3.11 There are a number of improvements to be made for the 2019 season with regard to the installation, pedestrian flow and removal of the outdoor patios by Municipal staff. 4. Parklet Development 4.1 Council approved funding from the Community Improvement Reserve Fund for the redevelopment of the 20 King Street East, Bowmanville streetscape. The entrance to the municipal parking lot and bus stop has not functioned very well for many years. 4.2 The funding provided an opportunity to work with the requirements of GO/DRT and the BIA to achieve a better streetscape and rest stop. It also provided the opportunity for Municipal staff to test out alternative planting techniques and mulch to enhance the downtown. Municipality of Clarington Resort PSD -002-19 Not Figure 7: Elevation of proposed bus shelter. Figure 8: Parklet with Chess Table Paae 9 TELEPHONE Municipality of Clarington Resort PSD -002-19 5. Concurrence Paae 10 This report has been prepared in consultation with the Director of Engineering Services, the Director of Operations, and Municipal Clerk, who all concur. 6. Conclusions 6.1 Staff are recommending that we continue to work with the two restauranteurs, 36 Kitchen in Bowmanville and Walsh's Snug in Newcastle using the updated application form and process. The restaurants are responsible for providing drawings of the patio area they intend to occupy on municipal property. Each restaurant is responsible for installation of their railing (applicable to 36 Kitchen), planters, site furniture as per their approved drawings. 7.2 The restaurant is responsible for obtaining the necessary insurance as outlined in the application for the sidewalk area to address the municipal right-of-way occupancy. In addition, the restaurant is responsible for applying for and obtaining the liquor license to cover the sidewalk patio area. 7.3 Should other restaurants in Bowmanville and Newcastle wish to develop outdoor on- street/sidewalk patios their applications would be brought forward to Council for approval, as they most likely would require the removal of additional parking spaces. 7.4 It is recommended that funding from the Orono CIP of up to $7,500 for the implementation of an outdoor patio along Main Street in Orono be allocated. Staff would work with potential applicants and the Region of Durham using the application process and similar construction as employed in Bowmanville and Newcastle. Submitted by. Reviewed by: Faye Langmaid, RPP, FCSLA Acting Director of Planning Services Z� ' Andrew C. Allison, B.Comm, LL.B CAO Staff Contact: Faye Langmaid, Manager, Special Projects, 905-623-3379 x2407 or flangmaid@clarington.net Attachment 1 Application for Seasonal Sidewalk Patios on Municipal Property The following is a list of the interested parties to be notified of Council's decision: Newcastle BIA Bowmanville BIA 36 Kitchen and Lounge The Snug Newcastle, Bowmanville and Orono CIPs Newcastle, Bowmanville and Orono BIAs Attachment 1 to Report PSD -002-19 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Application for Seasonal Sidewalk Patios on Municipal Property Please ensure all information is included in the application. Incomplete applications will not be accepted. Please return this application by 4:00 PM on or before March 1St Business Information Owner Name: Phone Number: Registered Name of Business: Operating Name of Business: Street Address of business: Postal Code: E -Mail: After Hours Contact 1 Name: Phone number: After Hour Contact 2 Name: Phone Number: Checklist Requirement Y/N Copy of complete outdoor serving area application Copy of business name registration Site plan including temporary sidewalk and dimensions (see appendix A) Copy of current liability insurance (see appendix B) Copy of AGCO liquor license for principal establishment and patio Patio sidewalk lease payment cheque Municipal Information Form for the Alcohol and Gaming Commission of Ontario Fees Municipal Information Form for the AGCO No charge Fire Review and Inspection $274.59 Patio sidewalk license A flat rate of $1500 will be charged to cover lost parking revenue and annual operation $1500 flat rate Attachment 1 to Report PSD -002-19 Applicants are encouraged to also review the following guidelines and requirements to ensure their application and operations are in compliance with Municipal expectations. Appendix A— Site Plan and Design Requirements Appendix B — Liability Insurance Requirements Appendix C — General Conditions Appendix D — Post -submission evaluation l=e hereby make application to the Corporation of the Municipality of Clarington ("heretofore and hereafter "Clarington") to occupy the right of way for the purpose described and agree to abide by the conditions of this permit and other applicable Municipal bylaws. I/We agree to assume all liability and/or cost as a result of road occupancy to maintain the work area and to indemnify and save harmless Clarington until final completion and approval. I understand this is a competitive process and that application for a patio does not guarantee that I will be selected. I understand that the project is not guaranteed to continue in future years. Agreement I, the undersigned have read and understood the information provided and agree to abide by all conditions and provisions listed on this permit application, and permit if issued. Authorized Representative Signature: Date: DDMMYY ac Attachment 1 to Report PSD -002-19 Appendix A— Site Plan and Design Requirements Your patio design must conform to the following requirements. Site Plan Requirements: a. Location and dimension of the patio entrances, exits, and access to washrooms, in accordance with the Integrated Accessibility Standards for the Design of Public Spaces. b. Location and use of the adjacent buildings and their entrances and exits. c. The location and dimensions of the patio and its entrances and exits. d. Area of the patio in square metres e. Width of sidewalk occupied in metres f. Length of sidewalk occupied in metres g. Number of parking spaces occupied h. Width of sidewalk that will remain unobstructed (to be at least 1.8 metres) i. The location and dimension of any enclosures, umbrellas, tents, awnings, etc. j. The location, height, and construction material to be used for the boundary fence, gate location, and width of gate k. Location of fire extinguishers I. Location of tables, chairs, other furniture or installations, etc. and the distance between them to demonstrate how your patio will be accessible to patrons with limited mobility m. Location of all municipal services and/or assets within or adjacent to the patio (e.g. location of curbs, municipal parking spaces, sidewalks, hydrants, storm sewer grates, manholes, trees, hydro poles, streetlights, benches, garbage cans, sign poles, etc). Identify whether any of these elements would need to be removed or relocated to accommodate the design. Additional fees may apply for removal or relocation ($200 for the removal and replacement of a feature such as a bench or garbage can, if permitted) n. The access to municipal improvements such as trees o. The location of Durham Region or GO Transit stops close to the patio p. The address of your business q. The number of seats on your patio r. The maximum occupant load of your business and patio according to the Ontario Building Code 91 Attachment 1 to Report PSD -002-19 Design Requirements a. All patios must maintain the requirements of the Accessibility for Ontarians with Disabilities Act. These guidelines set out basic requirements of the AODA. It is the responsibility of each business to ensure their own compliance with the Act. b. A minimum passable sidewalk width of 1.8m must be maintained at all times to ensure accessibility for pedestrians. c. Patios are not permitted to reduce the width of the traffic lanes of the public street. A minimum street width of 6m must be maintained at all times to ensure adequate width for emergency vehicles d. Patios are not permitted to occupy more than 2 parking spaces. e. Entrances to the patio, aisles within the patio, and all public areas must be maintained in a manner that ensures the accessibility of patrons of all levels of ability (preferably 860mm). Design materials must be in keeping with the heritage character of downtowns. Plastic and polyvinyl is not permitted. Composites are permitted provided their appearance mimics the above-described materials. For input on potential design concepts, contact the Planning Services Department. g. Awnings, umbrellas and other fixtures must be maintained. h. Barriers between the sidewalk extension and the patio should feature planting boxes and be maintained by the restaurant. i. No objects are permitted to overhang the sidewalk. j. The Applicant may only occupy and use the outdoor patio after any installed structures have been approved in writing by Clarington. Clarington responsibilities: k. Temporary sidewalk design, location and dimensions, grade, construction material, safety and load bearing will be Clarington's responsibility. Construction will be by a contractor. I. Exterior barriers jutting into on -street parking spaces must be affixed with high - visibility reflective markers for nighttime visibility. m. Wooden sidewalk extensions will include safety traction tape to reduce the chances of pedestrians slipping. 92 Attachment 1 to Report PSD -002-19 Appendix B — Liability Insurance Requirements Please provide proof that you are compliant with the following liability insurance requirement You must hold and provide General Liability Insurance from an insurer licensed in the province of Ontario for $2 million per occurrence with an aggregate limit of no less than $5 million to the Corporation of the Municipality of Clarington against any liability for property damage or personal injury, negligence including death which may arise from the applicants operations under this agreement. The Corporation of the Municipality of Clarington must be included as an "Additional Named Insured". In addition the Commercial General Liability shall contain Cross Liability and Severability Clauses and Products & Completed Operations coverage including a standard contractual liability endorsement. Appendix C — General Conditions Your operation of an outdoor patio must conform to the following requirements. General conditions a. Any person or persons intending to occupy a portion of the municipal right of way for any purpose, including a portion of the sidewalk, boulevard, or on -street parking must first receive permission from Clarington. b. Patios will not be installed prior to April 30 and will be removed no later than October 30. For Bowmanville installation will be after Maplefest and removal prior to Applefest. c. Permission to install a patio for a season does not entitle a business to any right or expectation to be able to install a patio in subsequent seasons. d. Any required sidewalk extensions must be completed before obstruction of a sidewalk for construction or operation of a patio. e. The applicant assumes all maintenance and liability for the patio and may be required to undertake alterations or repairs as are required by Clarington to maintain safety and accessibility. f. Clarington retains the right to access the patio and/or sidewalk extension if needed for maintenance or emergency access to municipal property. g. Permission to occupy the municipal right of way becomes null and void if the applicant should fail to meet the requirements set out in this application and other applicable documents, in which case, Clarington shall be at liberty to take any action it deems necessary to repair the patio or to reinstate the site to its original condition for public protection at the expense of the applicant. In all cases the decision of Municipal staff is final. h. The applicant shall maintain access to all public and private properties for the duration of the work. 93 Attachment 1 to Report PSD -002-19 i. All municipal property, including the sidewalk, lighting, or other features will be returned to their initial condition or repaired of any damages. Damages not repaired by the applicant will be repaired or replaced by Clarington at the applicant's cost. j. No business shall be eligible to operate an outdoor patio unless the business is in compliance with all Clarington's requirements. k. The Applicant shall be deemed to be the "constructor" and the "owner" for all purposes under the Occupation Health and Safety Act for the railings and restaurant features on the sidewalk. The Applicant shall further be deemed to be the "occupier" for all purposes under the Occupiers Liability Act. I. The Applicant agrees to indemnify and save Clarington harmless from and against all losses, damages, actions or causes of action, suits, claims, demands, penalties, interest and/or legal fees on a substantial indemnity basis arising in connection with any matter that may arise from the issuance of a permit hereunder or the activities that occur on a patio. m. Clarington retains the right to access any planters, baskets, light posts, or other infrastructure for watering, maintenance, or other matters. Clarington may elect not to install planters at the location of the patios. n. Any costs, expenses or liabilities incurred by Clarington as set out above may be collected by Clarington by means of invoicing for the costs. o. The Applicant agrees to provide Clarington with a letter from a qualified person, after patio construction/installation and before beginning operations, confirming that construction completed is in general conformance with the approved design. Operating Requirements a. Restaurants operating an outdoor patio must be open at a minimum during the following hours: Tuesday to Saturday: 11:30 AM to 9:00 PM b. The operations of the business and patio must be in compliance with Clarington's Noise By -Law (2007-071) as amended. c. The owner shall ensure that the area around the patio is kept clear of litter, waste, cigarette butts, and refuse. The restaurant will inspect on a daily basis. d. No person shall operate an outdoor patio on any municipal property other than that for which permission has been granted. e. No person shall permit the consumption of alcoholic beverages within any outdoor patio area unless such area is licensed under the provisions of the Liquor License Act to permit the consumption of alcoholic beverages and unless such outdoor patio extension is operated in conjunction with a business holding a valid Liquor License. f. Where such premise is licensed to permit the consumption of alcoholic beverages, no person shall serve or allow the consumption of alcoholic beverages contrary to any law. g. Outdoor patio operations are only permitted during hours authorized by Clarington. At MIA Attachment 1 to Report PSD -002-19 h. the time of application for the 2019 season, operations of the patio must cease between the hours of 10:00 PM and 7:00 AM. On Fridays and Saturdays in the months of July and August, patios are permitted to remain open until 11:00 PM. No person is permitted to be in or remain in the outdoor patio during these hours. Clarington reserves the right to change these hours. Appendix D — Post -submission evaluation Submission of a complete application is not a guarantee of permission being granted for an outdoor patio. Applications will be evaluated by staff to determine which will be selected. Applications will be circulated to appropriate departments and partner organizations for their comments. Criteria Criteria Explanation Location Sites that are located in ways that are complementary to the existing street design and require less extensive change to existing use and management patterns will be preferred. Design Material choice — Appropriate heritage materials and design. Streetscape — Attractive design elements for both patrons and pedestrians. Safety Sites that pose fewer challenges to traffic and pedestrian movement and sightlines will be preferred. Accessibility Sites that more fully ensure the accessibility of the sidewalk and patio for all patrons, in part through greater sidewalk width, will be preferred. Sites should not reduce accessibility by proposing the displacement of parking designated for persons with disabilities. Potential Preference will be given to patios that offer greater potential to demonstrate the economic benefit of the program. 95 Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint General Government and Planning and Development Committees Date of Meeting: January 7, 2019 Report Number: PSD -003-19 Resolution: File Numbers: PLN 37.1.1, 37.2.1, 37.3.1, 37.4.1 By-law Number: N/A Report Subject: Community Improvement Annual Report for 2018 Recommendations: 1. That Report PSD -003-19 be received for information; and 2. That all interested parties listed in Report PSD -003-19 and any delegations be advised of this information report. Municipality of Clarington Report PSD -003-19 Report Overview Page 2 The Bowmanville, Orono, and Newcastle grant programs under the Community Improvement Plans continue to be effective incentives for renewal of the downtowns. The Courtice Community Improvement Plan adopted in the fall of 2016 is a tool to encourage high quality higher density development along Highway 2 in Courtice. The focus during 2018 has been implementation of the changes approved in January 2018 from the renewal of the three downtown Community Improvement Plans (CIPs). 1. Background 1.1 Council adopted Community Improvement Plans (CIPs) for Bowmanville and Orono in 2005 and Newcastle in 2008 all of which were reviewed and renewed during 2017 with Council approving amendments in January of 2018. The Courtice Community Improvement Plan was adopted in late 2016, its grant program has been targeted to new development rather than revitalization. 1.2 The Community Improvement Plans allow the Municipality to provide incentives to business and property owners within a specific geographical area with specific grant programs in each urban area in accordance with its Plan. The Orono, Newcastle and Bowmanville CIPs focus on grants for existing buildings to enhance the downtown streetscape and shopping experience. The Courtice CIP focuses on grants that will encourage development and redevelopment of a Regional Corridor, Highway 2. The business and property owners of the different Community Improvement Plan areas are notified via the municipal website, pre -consultations, staff outreach, front counter inquiries and through word of mouth of the Community Improvement Plan programs. CIP Renewal 1.3 The three historic downtown Community Improvement Plans (Orono, Newcastle and Bowmanville) have liaison groups which meet on a quarterly basis. The liaison groups are apprised of issues arising in the area, assist staff in spreading the word about the grant programs and help identify issues to be addressed. The liaison groups provide feedback to staff on the effectiveness of the grant programs and identify concerns of business and property owners who are looking to use the grant programs. 1.4 As part of the review and renewal the liaison groups raised the issue of accessibility and whether grants geared towards merchants rather than property owners could be developed. Accessibility grants were added to the suite of grants as part of the amendments in Report PSD -001-18. Further changes included an increase to the grant values, the ability to obtain grants for a second time (after 10 years has elapsed) and other adjustments to grant values and programs. During 2018 there were numerous inquiries and applications due to pent-up demand. 97 Municipality of Clarington Report PSD -003-19 Page 3 1.5 Developing programs geared to merchants rather than property owners is difficult as public funding is typically provided for physical improvements. Some owners perceive incentives to merchants as an excuse to abdicate responsibility for maintaining their property; most merchants are not willing to make an investment in building refurbishment for properties they do not own. It should be noted signage, building permit fee, upgrade to building code and accessibility grants are available to commercial merchants with the consent of the building owner. 1.6 As a result of the review, Clarington Board of Trade and the Municipality co -hosted a meeting with commercial real estate agents to review the grants and other incentives with them. This was to broaden the knowledge and understanding of the grant programs and their application for owners and tenants. Information sessions were also held with Engineering Services staff; especially the building division; as often the first point of contact by a property owner is when they are applying for a building permit. 1.7 The CIP liaison groups began meeting jointly on a once annual basis in May 2017 to discuss common issues. This process continued in June of 2018 when a workshop on Accessibility was held for the liaison groups and members of the BIAs. 1.8 During 2018 the CIP liaison groups reviewed and updated their terms or reference. New members were recruited as we bid farewell to members who no longer wished to serve. Staff revised the information available on the Municipal website regarding the grant programs. Brochures of each of the grant programs were created and have been distributed to the liaison committee members, BIAs and CBOT. Community Improvement Plan Activity for 2018 1.9 Details of 2018 Activity can be found in Attachment 1. 1.10 24 grants were applied for in 2018. Staff attribute this to the following factors: x Property owners/merchants were awaiting the results of the review; x Many owners/merchants are interested in the accessibility grant; and x Property owners are planning their works for future years in anticipation that they will receive the grants as outlined in the CIP program. Community Improvement Funding 1.11 To date the Municipality has provided funding of $1,017,730 for grants in the three downtowns. Community Improvement Plan grant monies are matched by the property owners or merchants on a 3:1 or 2:1 basis depending on the grant. Some construction projects greatly exceed this ratio. Direct public benefit is realized from the increased municipal and private investments in the form of signage, building code upgrades (e.g. fire code improvements and accessibility) and fagade improvements for aging buildings in our central business areas. In many cases the grants are a minor portion of the overall redevelopment and or reconstruction. It is conservatively estimated that the impact of providing grants to date has spurred well over $3.5 million in investment in the Municipality of Clarington Report PSD -003-19 Page 4 downtowns. Any funds not earmarked for grants in prior years are carried over to the following year. Each CIP has a small amount of carry-over funding from prior years that can be allocated in 2019 in addition to the funding requested in the Planning Services current budget. 1.12 The Courtice Community Improvement Plan will result in much higher grant amounts because of the focus on prompting significant private investment. Grants will be provided for new development and redevelopment of multi-million dollar projects providing new property assessment. The tax increment grants are related to assessment value increases the Municipality would forego for a period of time. The development charge grants are budgeted for annually to meet the anticipated demand for development charges incentives and held in a reserve fund. Given the site plans currently being reviewed by Planning Services Staff the demand for development charge grants will exceed the funding accumulated to date and thus we have budgeted to continue building this reserve. 2. Concurrence Not Applicable. 3. Conclusion There has been good response to the changes made when the CIPs were renewed in January of 2018 and the grant program modifications. Staff updated, revised and created communications materials for all of the CIP areas during 2018. Refresher briefings about the CIP grant programs have been provided for CBOT staff, commercial real estate agents, BIA members, Building and Development Review staff. Advances in social media technology have allowed us to target the CIP areas with specific messaging about the grant programs. Staff have also endeavoured to visit local business operators in their places of business to promote the CIP programs. Submitted by. Faye Langmaid, RPP, FCSLA Acting Director of Planning Services Reviewed by: ZA— Andrew C. Allison, B.Comm, LL.B CAO Staff Contact: Faye Langmaid, Manager of Special Projects x 2407 or flangmaid clarington.net Attachment 1: Community Improvement Plan Summary Report 2018 The following is a list of interested parties to be notified of this report: Bowmanville BIA Liaison groups for Bowmanville, Newcastle and Orono CIPs c/o Faye Langmaid FL/nl Attachment 1 to Report PSD -003-19 Community Improvement Plan Summary Report 2018 Bowmanville The non -capital funding provided to date for implementation of the Bowmanville Community Improvement Plan is $616,000. Just over $455,267 has been expended to date. Eleven grant applications were received in 2018 while none had been received in 2017. Outstanding commitments are $38,205 in grants. Funding of over $122,000 from prior years remains. Many of them have multiple addresses. The grants have been for 33 facades, 16 building code related improvements, 15 building permits, five site plan fees, six reconstruction grants and three accessibility grants. Newcastle The non -capital funding provided to date for implementation of the Newcastle Village Community Improvement Plan is $278,000. Over $207,764 has been expended to date. Nine grant applications have been received in 2018 while one was received in 2017. $33,474 is committed for grants. Funding of over $36,760 from prior years remains. To date 24 properties have been approved for Community Improvement Project grants in the form of 20 facade improvements, 13 signage grants, eight building code grants, three site plan control fee, two accessibility grants and one building permit fee. Many properties have been the benefactors of more than one type of grant Orono The non -capital funding provided to date for implementation of the Orono Community Improvement Plan is $122,000. In addition, funds have been expended on anniversary celebrations, brochures, hall rentals for meetings. Over $99,781 has been paid out in grants. Four grant applications were received in 2018 while one was received in 2017. Over $19,867 is currently committed. Funding of just over $2,350 remains from prior years. To date 24 properties have been approved for the Community Improvement Project grants in the form of 18 facade improvements, 21 signage grants and three building code grants. Some properties have received more than one type of grant. Courtice The non -capital funding provided to date for Courtice is $146,000. The funding has been used for street trees along Highway 2 at Courtice Road, the Tooley Memorial, the lighting at the parkette at Trulls Road and Highway 2 and limited implementation of banners along Highway 2 from Centrefield to Townline Road. Funding of over $109,000 remains from prior years. The Courtice Community Improvement Plan was adopted by Council in late 2016. The grants will focus on providing incentives for increased density and high quality development along Highway 2. There is $190,000 in the reserve to fund DC related grants. 100 Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint General Government and Planning and Development Committees Date of Meeting: January 7, 2019 Report Number: PSD -004-19 Resolution: File Number: PLN 17.1.6 By-law Number: Report Subject: Environmental Stewardship, 2018 Annual Report Recommendation: 1. That Report PSD -004-19 be received for information. 101 Municipality of Clarington Report PSD -004-19 Report Overview Page 2 Council provides annual funding for an ongoing Environmental Stewardship Program. The program encourages citizens and groups to carry out initiatives that improve municipal lands, such as valleylands and other natural areas. Since 2011, this program has also included the replanting of trees along country roads. The benefits of the program go beyond the monetary value of the projects as they include increased tree canopy, wildlife habitat, climate change mitigation, community beautification, local history preservation and community engagement through volunteerism. In 2018, 865 saplings were planted along rural roads and the invasive species eradication project continued. 1. Background 1.1 Beginning in 2002, Council has provided annual funding for an ongoing environmental stewardship program. When approving projects for funding, Staff review projects to ensure general public benefit, matching in-kind contributions (labour and/or materials), and how a project meets the long-term objectives of the Municipality. 1.2 The purpose of this report is to inform Council of how the funds were used in 2018. 2. 2017 Stewardship Projects Trees for Rural Roads 2.1 Clarington initiated the Trees for Rural Roads (TRR) program in partnership with Central Lake Ontario Region Conservation Authority (CLOCA) and Ganaraska Region Conservation Authority (GRCA). The goal of the program is to plant trees along country roads for the benefit of the environment and local communities. Increasing tree canopy cover improves wildlife habitat, enhances environmental services including carbon sequestration and cooling of roadways. Trees are offered free of charge to rural residents to be planted on private property adjacent to municipal roadways. Participants have their choice of native tree species including: sugar and red maples, white pine, white spruce, white birch, and red and white oak. 2.2 The TRR program is announced through articles in local newspapers, the Planning E - update and the Municipal website. Applications were received by the March 31 deadline, and in late April, 865 saplings were distributed to 59 property owners and planted throughout Clarington (Attachment 1 — Map of the roadways planted to date). 102 Municipality of Clarington Report PSD -004-19 Page 3 2.3 Applications are reviewed by the applicable Conservation Authority to ensure that planting locations support the intent of the project, do not conflict with infrastructure, and trees have an appropriate separation from each other and from the road. 2.4 Since 2013 the program has received partial funding through Maple Leaves Forever (MLF), a registered charity that advocates and supports the planting of native Canadian maples across the rural and urban landscape of southern Ontario. Native maples were subsidized at a rate of one third of the purchase price of the planting stock. Figure 1, 2 and 3: Helpers Load up 2.5 A feedback survey of TRR participants is undertaken in order to help improve the program for future years. Participants who responded indicated that they were pleased with the program, planting information and pickup location. Overall the response and satisfaction of rural residents with this program and its goals is very positive. In August overall survival rate appeared to be in the 70 to 75% range, which is lower than previous years and most likely due to the lack of precipitation during the summer months, sugar maples suffered the greatest loss. It has been suggested the planting information be provided in advance of pick-up to assist with preparation. 103 Municipality of Clarington Report PSD -004-19 Page 4 2.6 To assist with understanding the impact of the Trees for Rural Roads program an analysis by EcoBusiness Network (formerly Durham Sustainability) was undertaken to quantify the carbon sequestration provided by the trees. This analysis was part of our contribution to the Climate Change inventory for Durham Region. For the years 2012- 2017, 4193 trees were plants along rural roadways providing an estimated 165 tonnes of diverted carbon dioxide equivalents. Attachment 2 is the full analysis. Invasive Species Workshop and Eradication 2.7 For the second phase, Environmental Stewardship funds assisted CLOCA and Friends of the Farewell with the Invasive Species eradication project. The focus of the eradication is phragmites within the valleylands of the Farewell Creek. 2.8 An existing online stormwater detention pond, located in the Black, Harmony, Farewell Creek watershed was targeted as a pilot project for management of the invasive species, Common Reed (Phragmites australis australis). This invasive perennial grass is having an impact on meadow and wetland habitats across the province and is easily spread through construction activities, wind and water. The size of the population of phragmites at this site was deemed appropriate for a pilot project. A Memorandum of Understanding was developed between the Municipality of Clarington and Central Lake Ontario Conservation to manage this population through a partnership with Courtice Eco Projects. CLOCA staff collected native seed of non-invasive species from the site in 2016 and students from Courtice Secondary School grew these native plants in their green house with modest success. 2.9 The site was revisited in spring 2018 to determine the need for follow up herbicide applications based on sprouting from the phragmites colony. A second treatment was not recommended due to wet conditions throughout the spring months. CLOCA staff completed baseline monitoring at the two sites to quantify success of the 2016 herbicide application. CLOCA staff worked with volunteers spading the phragmites and planting. Spading involves the use of a spade and cutting the plant stem below the soil level to reduce vigor in the overall root structure. CLOCA staff noted a greater diversity of native species present on the east side of George Reynolds with seven native species observed and one native species (jewelweed) on the west side of George Reynolds. It is recommended that follow up treatment and monitoring continue in 2019. 2.10 Both sites were combined as the Courtice Phragmites Management Site under the Phragmites Adaptive Management Framework (PSMF). The PSMF is a Great Lakes basin collaboration to monitor outcomes of managed phragmites stands in the US and Canada to improve our understanding about management techniques for site specific conditions throughout the basin. Monitoring under this program was completed and entered into the PSMF database. 2.11 Funding of $3,000 were granted by TD Friends of the Environment to develop a restoration plan and cover the costs of planting native wet meadow plants. The Municipality contributed $1000 funding toward costs associated with this project. 104 Municipality of Clarington Report PSD -004-19 Page 5 Figure 4: Spading Figure 5: Planting 3. Concurrence Not applicable. 4. Conclusion 4.1 The Environmental Stewardship Program in Clarington is an initiative that has been well received in the community. Since 2002 over $140,000 has been invested in numerous projects; however, the value of the in-kind contributions multiplies the benefits many times over. The benefits go well beyond the monetary value of the projects to include increased tree canopy cover and wildlife habitat, climate change mitigation, community beautification, local history preservation, and community engagement through volunteerism. 4.2 Clarington "led the way" with the TRR program and continues to with the invasive species eradication project. Both programs have been adopted by other local municipalities. 4.3 Additional programs for the renewal of urban street trees are necessary to address the adverse effects of the Emerald Ash Borer (another invasive species), canopy damage from severe storms and climate change. Commitment to the Urban Forestry Strategy is necessary to address these issues. 105 Municipality of Clarington Report PSD -004-19 Page 6 Submitted by. Reviewed by: Faye Langmaid, RPP, FCSLA Andrew C. Allison, B.Comm, LL.B Acting Director of Planning Services CAO Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379 ext. 2407 or flangmaid(c)_clarington.net Attachments: Attachment 1 — Trees for Rural Roads Map of Plantings for 2012 — 2018 Attachment 2 — An Impact Evaluation of the Trees for Rural Roads Program in the Municipality of Clarington FL/nl 106 Attachment 1 to Report PSD -004-19 107 An Impact Evaluation of the Trees for Rural Roads Program in the Municipality of Clarington Prepared by EcoBusiness Network for the Municipality of Clarington March 16th, 2018 Abstract The urgency posed by global warming has motivated scientists and the public alike to preserve and restore our environment. The Trees for Rural Roads project initiated by the Municipality of Clarington has resulted in the planting of 4143 trees to date, however, the environmental impact of the project has yet to be quantified. Using data collected and analyzed by the United States Department of Agriculture, growth rates and accumulated biomass were calculated for all trees planted through TRR. Approximately 165 tonnes of carbon dioxide equivalents KOM have been diverted by TRR since 2012. Thorough data extrapolation, it was estimated that by 2027 TRR will divert 4090 tCO2e, which is equivalent to the annual emissions from 340 individuals in Ontario. The exponential growth model of carbon sequestration demonstrated by TRR highlights the importance of the project's continuation. Introduction In Canada, greenhouse gas (GHG) emissions from human activity continue to exhaust the absorbing capacity of carbon sinks. Extractive activity, transportation, and electricity generation contribute significantly to over 700 million tonnes of carbon dioxide produced each year by the nation'. A portion of these emissions is sequestered by natural carbon sinks such as forests, but the majority remain in the atmosphere. Although cloud coverage naturally generates the greenhouse effect and is necessary for our survival, elevated levels of GHG emissions amplify the effect to a degree that threatens global climate stability. GHGs produced by human activity include a variety of gases that are capable of absorbing and emitting infrared radiation, with carbon dioxide being the most significant contributor to the greenhouse effectz. This realization has led to the implementation of carbon accounting and emissions caps in an attempt to grasp control over our rapidly changing climate. Natural carbon sinks exist in our environment and are active in reducing the impact of GHGs. Atmospheric carbon dioxide is taken up by trees during photosynthesis, where it is fed into cellular cycles that propagate plant growth. Carbon is used in the formation of plant fibres and nutrients, therefore, the rate of carbon dioxide uptake by a plant may be estimated by determining the overall carbon content of the organism. Methods for estimating carbon storage are well established' and are contingent on determining the biomass of productive plants. Standard protocol to estimate biomass involves modelling relationships between physical characteristics such as diameter, height, and wood density'. When physical sampling of these measurements cannot be achieved, sequestration rates can be estimated based on allometric modelling of growth from the age of planting. The increasing concern about global climate change has inspired action from scientists as well as the public. One example of such mobilization is the Trees for Rural Roads (TRR) initiative in the Municipality of Clarington. The focus of this program is to restore the green landscape on rural roads in a partnership with local growers, who provide the trees for planting. Over the years, trees in this region have been lost through removal, old age, disease, insects, and weather. The project, which began in 2012, has coordinated the planting of 4143 trees of eight different species (Figure 1). i Trees for Rural Roads Planting History 1000 ■ Silver Maple ■ White Spruce ■ Red Maple ■ White Pine 750 ■ White Oak ■ Red Oak ■ White Birch N ■ Hard Maple 2 500 `m E Z 250 0 2012 2013 2D14 2015 2016 2017 Year of Planting Figure 1. Quantities of tree species planted annually by TRR. Estimated survival of saplings was 90% from 2012- 2015, 80% in 2016, and 95% in 2017. In total, 4143 trees were planted. Objective of Study The development in landscape as a result of TRR is monitored annually by project coordinators, but the direct environmental impact of the project has yet to be quantified. Allometric modelling was used to estimate the tonnes of carbon dioxide equivalents KOM absorbed by trees planted from 2012 -present. Allometric equations were selected from The United States Department of Agriculture's Urban Tree Database, which contains species - and location -specific allometric equations to model relationships between tree diameter, height, and biomass, based on tree age 4. From these data, projections were made to evaluate the long-term impact of TRR, should the project continue. Calculating Tree Biomass and COze Investigators from the United States Department of Agriculture compiled tree measurement data from a 14 -year- long study conducted in several cities across the United States. From these data, 365 equations were developed to model the growth of 171 species of trees in urban centres. Due to a lack of such cohesive and statistically powerful studies conducted in Canada, data from the Northeastern sampling zone (the most similar to southeastern Ontario in terms of climate conditions) were used to approximate growth rates of tree species planted by TRR. From these data, trunk diameter at 1.5 meters from the ground (dbh) was calculated for each species during each year of growth, for use in a species-specific allometric equation to model the above -ground biomass of each tree (Supplementary Table 1). The starting dbh of each sapling was assumed to be 2.54cm (1 inch), which is the typical dbh at planting for most trees. The accumulation of mass over the lifetime of each tree was compiled and used to estimate the total increase in biomass observed in the trees planted by TRR. The known carbon compositions of angiospermic and coniferous trees were used to estimate the mass of carbon contained in each trees from which COze quantities were calculated (Appendix A). 109 Results Impact of TRR from 2012 -Present To date, approximately 165 tCO2e have been diverted by TRR, when considering the estimated survival of planted trees (Figure 2). Red and hard maple trees have contributed the most to total sequestration (53.9 tCO2e and 38.9 tCO2e, respectively). This may be attributed to higher planting rates and rapid growth rates of the two species. Red oak, white oak, and white spruce trees diverted modest amounts of CO2e (19.7 tCO2e, 15.1 tCO2e, and 19.6 tCO2e, respectively), while white birch, white pine, and silver maple contributed the smallest amount of work (9.7 tCO2e, 3.6 tCO2e, and 4.9 tCO2e, respectively). Low rates of sequestration observed in white birch trees is likely due to their slow rate of growth. Meanwhile, planting of silver maple trees did not commence until 2014, limiting their CO2 -diversion potential. Mass of CO2e Diverted Per Species Since 2012 Total CO2e Diverted: 165 tonnes Silver Maple 3.0% White Spruce Hard Maple 11.9% 23.5% White Birch 5.9% Red Maple ' 32.596 19.7 Red Oak 11.9% White Rine White Oak 2.2% - - 9.1% Figure 2. Percentage of total diverted CO2e attributed to each tree species planted by TRR since 2012. Total mass Of CO2e diverted since commencement of the program is 165 tonnes. Chart legend indicates tree species and their respective contribution, in percentage, to the collective sequestration of CO2e. Slice label represents the estimated mass of CO2e sequestered by each species, in tonnes. CO2e was calculated based on estimated annual survival rate, not the actual number of trees planted (Appendix A). Projected Impact of TRR In 2015, the province of Ontario generated 166 million tCO2e', at a rate of 12 tCO2e/person (based on population of 13,789,600 in 2015)6. Calculations were determined using the average number of trees that survived annually between 2012-2017. It was estimated that 4,090 tCO2e will be diverted by 2027 (Figure 3). Thus, TRR could conceivably sequester the annual emissions of approximately 340 individuals by 2027. The exponential growth pattern of sequestration potential (y = 115e0 228x, R2 = 0.986) suggests that longevity is critical to the project's impact. 110 Projected Annual Diversion of CO2e 1000 750 a) C G d r v 500 os t= CD O m a 250 U 0 ti� ry ti ry�ry ry�N ryoN �qti ry0N ryoN �Qti Year Figure 3. The projected annual diversion of CO2e as a result of trees planted by TRR from 2018-2027. Green bars represent the estimated cumulative mass of CO2e that would be diverted each year by all tree species, with bar labels indicating the quantities in tonnes. The number of trees planted each year was estimated using an average of the number of trees that survived annually from 2012 to 2017. Trend line is indicated in purple (y = 115e° 228x, R2 = 0.986). Conclusions The value of TRR is realized by the 165 tCO2e that have been diverted by the trees planted between 2012 and 2017. As these existing trees continue to age and more plants are added each year, the restoration of rural road foliage in Clarington will enhance the region and benefit residents and wildlife in the area by reducing atmospheric CO2 levels. By 2027, TRR will divert an estimated 4090 tCO2e, which is equivalent to the emissions generated by 340 individuals in Ontario over the course of a year. Future Directions Due to a lack of biometric data from the population of trees under investigation, all calculations are based on growth models from data collected in the northeast United States. Growth conditions are similar to those found in southeastern Ontario, however, differences in adjacent infrastructure, foliage, and population density, may influence growth. Future investigations should aim to measure dbh for a sample of each species from each year of planting, in order to determine biomass accumulation with greater accuracy. 111 Appendix A Biomass Sample Calculation The following calculation was conducted for each species included in TRR. Species: Sugar Maple (A. Saccharum) Growth Coefficients: a = 2.17085, b = 0.85396 Equation predicting dbh in cm from tree age in years': dbh = a + b(age) Supplementary Table 1. Estimated dbh of A. Saccharum for Each Year of Growth FAge (years) dbh (cm) 0 (at planting) 2.54 1 3.02481 2 3.87877 3 4.73273 4 5.58669 5 6.44065 6 7.29461 Supplementary Table 2. Total Accumulation of Biomass and CO2e for A. Saccharum for Each Year of Growth *Based on the aIlometric equation for volume for A. Saccharum, Volume in m3 = 0.0002835 x dbhz.sios°' and wood density is equal to 560kg/m3. **Based on the approximation of below ground biomass constituting 28% of above ground biomass°. ***Based on 48.8% carbon content in angiosperms and the ratio of molar mass of CO2 (44.018/mol) and carbon (12.0107g/mol) = 3.66. 112 Age 0 Age 1 Age 2 Age 3 Age 4 Age 5 Age 6 *Above ground biomass (kg): 1.4 2.0 3.6 5.8 8.5 11.7 15.7 **Above and below ground biomass (kg): ,Annual addition of biomass (kg): ***Carbon Mass (g): Mass CO2 diverted (kg): 1.8 2.6 4.7 7.4 10.8 15.0 20.0 1.8 2.0 3.6 5.8 8.5 11.7 15.7 854.7 999.7 1775.9 2812.6 4126.4 5732.1 7642.8 28.0 3.1 3.7 6.5 10.3 15.1 21.0 *Based on the aIlometric equation for volume for A. Saccharum, Volume in m3 = 0.0002835 x dbhz.sios°' and wood density is equal to 560kg/m3. **Based on the approximation of below ground biomass constituting 28% of above ground biomass°. ***Based on 48.8% carbon content in angiosperms and the ratio of molar mass of CO2 (44.018/mol) and carbon (12.0107g/mol) = 3.66. 112 Supplementary Table 3. Total CO2e Diverted by A. Saccharum Planted from 2012-2017. Planting Year 2012 2013 2014 2015 2016 2017 # Surviving Trees 185 198 241 37 219 157 COZe Diverted (kg) in 2012 677.7 0 0 0 0 0 COZe Diverted (kg) in 2013 1203.9 725.3 0 0 0 0 COZe Diverted (kg) in 2014 1906.6 1288.5 882.8 0 0 0 COZe Diverted (kg) in 2015 2797.2 2040.6 1568.3 135.5 0 0 COZe Diverted (kg) in 2016 3885.6 2993.8 2483.7 240.8 802.2 0 COZe Diverted (kg) in 2017 5180.9 4158.7 3643.9 381.3 1425.1 575.1 Total COZe (tonnes) Diverted to Date: 39.0 Citations 1. Environment and Climate Change Canada. Canadian Environmental Sustainability Indicators: Greenhouse Gas Emissions. (2017). Available at: www.ec.gc.ca/indicateurs-indicators/default.asp?fang=En&n=FBF8455E-1. (Accessed: 15`" March 2018). 2. Government of Canada. Causes of climate change. (2009). Available at: https://www.canada.ca/en/environment-climate-change/services/climate-change/causes.htm1. (Accessed: 15th March 2018) 3. Chojnacky, D. C., Heath, L. S. & Jenkins, J. C. Updated generalized biomass equations for North American tree species. For. Int. J. For. Res. 87, 129-151 (2014). 4. McPherson, E. G., Doorn, N. S. van & Peper, P. J. Urban tree database and allometric equations. Gen Tech Rep PSW-GTR-253 Albany CA US Dep. Agric. For. Serv. Pac. Southwest Res. Stn. 86 P 253, (2016). 5. Thomas, S. C. & Martin, A. R. Carbon Content of Tree Tissues: A Synthesis. Forests 3, 332-352 (2012). 6. Government of Canada. Population by year, by province and territory (Number). (2017). Available at: http://www.statcan.gc.ca/tables-tableaux/sum-som/101/cst01/demo02a-eng.htm. (Accessed: 15th March 2018) 113 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To:-RLD@DORMIIHQ1Q3ODQMQHMORSPHIIPPLWiV Date of Meeting: January 7, 2019 Report Number: PSD -005-19 Resolution: File Number: PLN12.12 By-law Number: Report Subject: Option to 2pt-o ut of 3rivate 8ainabis 5etail 6tores Recommendations: 1. That Report PSD -005-19 be received; 2. That Council adopt one of the options below: a) i) That the Municipality of Clarington advise the AGCO that it opts -in to allow retail sales of recreational cannabis within the Municipality of Clarington; and ii) That Staff be directed to draft a Municipal Cannabis Retail Policy Statement for Council's consideration for consideration at the March 11, 2019 Planning and Development Committee Meeting; or b) That the Municipality of Clarington advise the AGCO that it opts -out of allowing retail sales of recreational cannabis within the Municipality of Clarington; and 3. That the Region of Durham be advised of the Municipality of Clarington's decision with respect to the retail sales of recreational cannabis. 114 Municipality of Clarington Report PSD -005-19 Report Overview This Report provides general information on the provincial government's policies and regulations relating to the legalization of the sale of non -medicinal cannabis and the municipal option to opt -out of permitting privately owned cannabis retail stores. 1. Background Page 2 1.1 Federal legislation (Bill C-45 The Cannabis Act) provided for the legalization of non- medicinal cannabis, addressing its regulation, sale, and cultivation. The main purpose of Bill C-45 is to protect the health of youth by restricting their access to cannabis and to reduce illicit activities in relation to cannabis by providing access to legal cannabis. 1.2 The Ontario government has passed legislation to regulate and permit privately owned cannabis retail stores. Under this system, the Alcohol and Gaming Commission of Ontario (AGCO) will license and regulate all cannabis retail stores. 1.3 Municipalities have the option of opting out of having privately -run cannabis retail stores in their municipality. To opt -out, municipal councils must pass a resolution and send it to the Registrar of the AGCO by January 22, 2019. 1.4 Report CLD -006-18 "Impacts of Cannabis Legislation" provided a broad overview of the impacts of the legalization of cannabis and the potential impacts on services in Clarington. It addressed the issues of enforcement, store locations, and business licensing. 1.5 Report PSD -077-18 "Proposed Private Cannabis Retail Stores" provided the information that was available at the time regarding future privatized sales and government -run online sales. 2. Ontario Cannabis Retail Model 2.1 Although the Ontario government currently offers online retail sales of cannabis through the Ontario Cannabis Store (OCS), on April 1, 2019, Ontario will permit privately owned and operated cannabis retail stores. There will be no government run physical stores. Government run online sales will remain alongside private cannabis retail sales. The OCS is a subsidiary of the Ontario Cannabis Retail Corporation (OCRC), and the OCRC will be the sole wholesaler of cannabis to private stores. 2.2 The provincial government has established a regulatory framework (O. Reg. 468/18) under the recently passed Cannabis Licence Act, 2018. These regulations provide information on how private cannabis retail stores will be licensed and regulated through the AGCO. On December 13, 2018 the province passed O. Reg 497/18 that limits the number of cannabis retail stores in the GTA Region, which is defined as including Durham, York, Peel and Halton, to a total of six. No timeframe is provided for the 25 store restriction (i.e. when the restriction may be lifted). However, during the restriction 115 Municipality of Clarington Resort PSD -005-19 Page 3 none of the retail store authorizations will be issued to a Licensed Producer or an affiliate of a Licensed Producer. 3. Issues to Consider 3.1 The Act and the regulations set out how the AGCO will be the sole authority in licensing and approving the location of stores. The AGCO will handle all licensing, regulation, and enforcement of legal retail stores. Illegal retail stores ("dispensaries") will continue to be under the purview of the police. 3.2 Municipalities are provided the opportunity to choose to opt -out of permitting physical cannabis retail stores within their boundaries. 3.3 The decision to opt -out must be made by January 22, 2019. Unless a municipal government opts out as per Ontario Regulation 468/18 s. 22, it opts -in to private cannabis retail sales by default. 4. Issues to Consider Municipalities Cannot Zone Cannabis Retail Stores 4.1 Subsection 42(2) of The Cannabis Licence Act, 2018 states: "The authority to pass a by-law under section 34, 38 or 41 of the Planning Act does not include the authority to pass a by-law that has the effect of distinguishing between a use of land, a building or a structure that includes the sale of cannabis and the use of land, a building or a structure that does not include the sale of cannabis." This means municipalities cannot: 1) pass a zoning by-law under s. 34 of the Planning Act; 2) pass an interim control by-law under s. 38 of the Planning Act; or 3) use site plan control under s. 41 of the Planning Act to regulate cannabis retail stores. 4.2 The Association of Municipalities of Ontario (AMO) and other commentaries on the legislation have interpreted this section, in part, to mean that municipalities cannot zone cannabis retail stores any differently than other retail. However, Section 42(2) of The Cannabis Licence Act, 2018 can also be interpreted to mean that a cannabis retail store may be permitted anywhere in a municipality. It was expected the regulations (O. Reg. 468/18) would address this issue, but they do not. 116 Municipality of Clarington Page 4 Report PSD -005-19 4.3 Nonetheless, it is clear that municipalities are prohibited from zoning cannabis retail stores. Municipalities cannot designate areas where stores would be permitted or prohibited. Municipalities cannot impose any regulations to control setbacks or minimum distances from certain uses or between cannabis retail stores. The AGCO will be the sole authority to determine where stores will be located. ACGO's Regulations for Cannabis Retail Stores 4.4 Municipalities are also prohibited from providing a system of licences respecting the sale of cannabis. The AGCO will handle all licensing of stores. With the limitation to 25 retail cannabis stores, the AGCO will implement a lottery system to determine who will be able to apply for one of the 25 initial stores. The AGCO will accept Expressions of Interest, online, from January 7-9, 2019. The AGCO will be issuing three kinds of licences: x A "Retail Operator License" which is granted to a person to operate a store; x A "Cannabis Retail Manager License" which permits other specified functions within the retail store; and x A "Retail Store Authorization" which is issued to a licensed Retail Operator for the operation of each/specified store. 4.5 Based on O. Reg. 468/18 the AGCO will not issue a retail store authorization if the proposed store is within 150 meters of a school. This distance is measured from the property line of the school to the property line of the cannabis store. The AGCO is working with the Ministry of Education to ensure the AGCO has the location data of schools. For comparison purposes, the distance from the Bowmanville LCBO store to the nearest property line of Clarington Central Secondary School is approximately 135 metres. 4.6 Once the restriction of 25 stores is lifted (again, there is no indication when this may take effect), the Regulations provide no limit on the number of retail store authorizations that will be granted in Ontario or in any municipality. However, a corporation, partnership or sole proprietor may hold a maximum of 75 store authorizations. 4.7 Retail stores must be "stand-alone" stores, meaning they cannot be part of another store. Stores are permitted to be open between 9am and 11 pm and must refuse entry to anyone under 19 years -old. Licensed producers of cannabis are permitted a single retail store but it must be on or within the production site. 15 -day Notification Period 4.8 If the AGCO determines an application for a cannabis retail store has met the minimum requirements (including that the municipality has not opted out), the Commissioner of the AGCO will provide a 15 -day notification period for residents, municipalities, and regions to make written submissions as to whether the issuance of a retail store authorization is in the public interest. 117 Municipality of Clarington Page 5 Report PSD -005-19 4.9 The regulations define the "public interest" as protecting public health and safety, protecting youth and restricting their access to cannabis, and preventing illicit activities in relation to cannabis. The issuance of a retail store authorization will have "regard to the needs and wishes of the residents of the municipality." Written submissions that do not address these three areas will not be considered. 4.10 Municipalities will not be directly notified of proposed cannabis retail stores. Instead, proposed locations will be posted on the AGCO website and the applicant is to post a placard at the proposed retail location. 4.11 The AGCO's decision to issue or refuse a retail store authorization is final. A Judicial Review is the only means for appeal. Drafting a Clarington Cannabis Retail Policy Statement 4.12 The 15 day comment period would not provide sufficient time for Council to make comments on each application. As a result, AMO suggests that municipalities that do not opt -out of private cannabis retail stores draft a "Municipal Cannabis Retail Policy Statement." This would be adopted by Council and assist Municipal staff when preparing written submissions during the 15 -day notification periods. The policy statement should focus only on the three areas of "public interest" noted above and could, for example, identify specific land uses the Municipality wishes to keep at a minimum distance (e.g. drop-in centres for at -risk youth or addiction treatment centres). Each land use identified to be kept a minimum distance from cannabis stores should be clearly stated, along with a clear justification for the need for a minimum distance, and address how it relates to the prescribed three areas of "public interest." Durham Region's Health Department Locational Criteria 4.13 On October 24, 2018, Dr. Robert Kyle provided a memo regarding cannabis use. Dr. Kyle suggests Durham's municipalities that permit private retail cannabis stores take advantage of the 15 -day notification period to influence the location of stores. A list is provided of land uses he feels should not be nearby cannabis stores, which includes post -secondary schools, beer and LCBO stores, tobacco retailers, high-priority neighbourhoods, and long-term care homes. However, no explanation or justification for the increased separation from cannabis stores is provided. Funding Considerations 4.14 A letter dated November 20, 2018 from the Minister of Finance to Heads of Council outlines how the province will follow the previous Ontario government's arrangement to provide $40 million in funding to municipalities over 2 years through the Ontario Cannabis Legalization Implementation Fund (OCLIF). 118 Municipality of Clarington Page 6 Report PSD -005-19 4.15 In early January 2019, all municipalities, regardless if they opt -out or opt -in, should have received the first of two payments. The $15 million fund payments are calculated on a per household basis and adjusted so each municipality received a minimum of $5,000. Clarington's share of this fund is expected to be a first payment of $43,391. 4.16 A second fund of $15 million will be distributed after the January 22, 2019 opt -out deadline. If Clarington does not -opt out, it will receive another payment of $43,391; if Clarington opts out, it will receive $5,000. 4.17 The remaining $10 million of the OCLIF will beset aside to address costs from unforeseen circumstances related to the legalization of cannabis, and priority will be given to municipalities that have not opted out. 4.18 Beyond the $40 million OCLIF fund, if Ontario receives $100 million from the federal excise duty on non -medicinal cannabis in the first two years, the province may then begin to share 50% of the federal excise duty with municipalities that have not opted out. It is impossible to calculate how much if any revenue this might provide for Clarington. 4.19 It is important to note that this funding must be used to off -set costs directly related to the legalization of cannabis. Permitted costs include increased costs due to enforcement, responding to public concerns, paramedic or fire services, by-law or policy development. It appears there will be random audits, so the Municipality will need to keep track of how the funding is allocated. 5. Process for Opting Out 5.1 As outlined in Section 41(5) of the Cannabis Licence Act, 2018 and Section 22 of Ontario Regulations 468/18, Council must pass a resolution by January 22, 2019 if it wishes to opt -out of having cannabis retail stores in the Municipality. 5.2 A municipality that decides to opt -out and prohibit cannabis retail stores may later reverse its decision and opt -in; however, under the Cannabis Licence Act, 2018, a decision by a municipality to allow cannabis retail stores is final and may not be subsequently reversed. Once a municipality has opted in, it cannot later opt -out. 5.3 If the AGCO has not received written notification from a municipality within the process described above by January 22, 2019, then, by default, private cannabis retail stores will be allowed within the jurisdiction beginning April 1, 2019. 119 Municipality of Clarington Page 7 Report PSD -005-19 6. Comments 6.1 Some municipalities have undertaken some level of consultation with residents prior to making a decision to opt -in or opt -out. Should Council wish to receive public comments and provide for consultation, time is limited and direction should be given to staff on how Council wishes to proceed. 6.2 At the December 10, 2018 Joint General Government and Planning and Development Committee Meeting, John Mutton on behalf of Cannapiece Corporation submitted a written request, Attachment 1, that requested "preference be given to those recreational cannabis dispensaries that have a Health Canada approved medicinal health clinic with a medical practitioner on site." Council would not have the ability to give preference in this regard as municipalities are prohibited from either licensing or passing zoning by- laws to regulate cannabis retail stores. Should Council wish to, it may consider this preference in drafting a Clarington cannabis retail policy statement as discussed above. The AGCO will only consider written submissions that address the public interest. 7. Pros and Cons of Opting In or Opting Out 7.1 If Clarington opts in and permits privately owned cannabis retail stores in the Municipality, it would benefit from receiving two payments of $43,391. If the province receives more than $100 million from the federal excise duty on non -medicinal cannabis in the first two years, the province may share 50% of this surplus with municipalities. While all this funding must go toward the costs of legalization, there may be other economic benefits to permitting cannabis retail stores. If Clarington opts out, the Municipality would lose out on some of this funding, receiving only $48,391 to put towards costs associated with legalization. 7.2 Opting in may help to reduce the illicit trade of cannabis and legal stores have strict prohibitions on selling to minors. Residents would have the option to purchase cannabis in physical stores as well as online through the OCS. If Clarington opts out, residents would continue to have access to legal cannabis online through the OCS and possibly neighbouring municipalities. 7.3 If Clarington opts in and experiences problems of any kind with cannabis store locations, it has no legal authority to change the rules by which stores operate or are located. Opting out would solve potential problems due to the uncertainly of the impacts on the community of an unlimited number of cannabis retail stores placed wherever the AGOC determines. Opting out would shield the Municipality from potential problems due to the lack of municipal power to regulate retail sales through zoning or licencing. 120 Municipality of Clarington Resort PSD -005-19 Page 8 7.4 While it may appear prudent to opt -out now and leave open the possibility of opting in a later date, Clarington would receive $48,391.00, instead of $86,782 if it were to opt -in now to put toward the costs directly associated with the legalization of cannabis. Opting in at a later date would also mean Clarington would not receive whatever portion of the federal excise duty the province may share in the future. 8. Concurrence 8.1 This report has been reviewed by the Clerk and the Municipal Solicitor who concur with the information provided. 9. Conclusion 9.1 The purpose of this report is to provide information on the option facing the Municipality if they wish to opt -out of permitting privately -owned cannabis retail stores in Clarington. The Municipality is prohibited from either licensing or zoning cannabis retail stores, all licensing and location decisions will be made by the ACCO. 9.2 Council must decide whether to opt -in or opt -out of allowing retail sales of cannabis in Clarington. It is recommend that Council adopt one of the following resolutions: a) i) That the Municipality of Clarington advise the AGCO that it opts -in to allow retail sales of recreational cannabis within the Municipality of Clarington; and ii) That Staff be directed to draft a Municipal Cannabis Retail Policy Statement for Council's consideration for consideration at the March 11, 2019 Planning and Development Committee Meeting; or b) That the Municipality of Clarington advise the AGCO that it opts -out of allowing retail sales of recreational cannabis within the Municipality of Clarington 9.3 Should the Municipality opt -in, residents and the Municipality will be provided a 15 -day notification period to provide written submissions concerning the proscribed "public interest." 9.4 There are funding considerations to be taken into account if the Municipality wishes to opt -out. The deadline to opt -out is January 22, 2019. 121 Municipality of Clarington Resort PSD -005-19 Page 9 Submitted by: Reviewed by: Faye Langmaid, RPP, FCSLA, Andrew C. Allison, B. Comm, LL.B Acting Director of Planning Services CAO Staff Contact: Mark Jull, Planner, 905-623-3379 x2426 or mjull@clarington.net MJ/tg There are no interested parties to be notified of Council's decision. Attachments: Attachment 1 — Correspondence from John Mutton Attachment 2 — Municipal Decisions to Opt -in or Opt -out 122 123 Revised Attachment 2 to Report PSD -005-19 Municipalities that have opted in or out, as posted on AGCO's website as of January 4, 2019 Municipality Opt-in/out Township of Blandford -Blenheim Opted -out Municipality of Bluewater Opted -out Township of Centre Wellington I Opted -out Township of Dorion Opted -out Township of East Zorra-Tavistock Opted -out Town of Erin Opted -out Township of Frontenac Islands Opted -out Township of Georgian Bluffs Opted -out Town of Ingersoll Opted -out Township of King Opted -out Township of Lake of the Woods Opted -out City of Markham Opted -out Township of Melancthon Opted -out City of Mississauga Opted -out Town of Niagara -on -the -Lake Opted -out Municipality of Northern Bruce Peninsula Opted -out Township of Papineau-Cameron Opted -out Township of Sables -Spanish Rivers Opted -out Township of Southgate Opted -out Township of Tay Opted -out Town of Tecumseh Opted -out Township of West Lincoln Opted -out Township of Algonquin Highlands Opted -in Township of Armour Opted -in Township of Athens Opted -in Municipality of Ba ham Opted -in Municipality of Callander Opted -in Municipality of Chatham -Kent Opted -in City of Clarence -Rockland Opted -in Township of Dawn-Euphemia Opted -in United Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde Opted -in Township of Ear Falls Opted -in Municipalities that have opted in or out, as posted on AGCO's website as of January 4, 2019 Municipality Opt-in/out Township of East Ferris Opted -in City of Elliot Lake Opted -in City of Greater Sudbury Opted -in City of Guelph Opted -in Town of Hearst Opted -in Municipality of Highlands East Opted -in Town of Huntsville Opted -in Town of Iroquois Falls Opted -in Township of Johnson Opted -in Municipality of Kincardine Opted -in Town of Latchford Opted -in Municipality of Leamington Opted -in City of London Opted -in Town of Marathon Opted -in Township of Nairn and Hyman Opted -in Municipality of Neebing Opted -in Township of North Frontenac Opted -in Town of Oran eville Opted -in City of Ottawa Opted -in City of Owen Sound Opted -in Township of Plummer Additional Opted -in Township of Prince Opted -in City of Sarnia Opted -in Municipality of Sioux Lookout Opted -in Town of Smiths Falls Opted -in Township of South Frontenac Opted -in Township of South Glengarry Opted -in Township of South Stormont Opted -in Town of Spanish Opted -in Municipality of St. -Charles Opted -in Municipality of Strathroy-Caradoc Opted -in Township of Tarbutt Opted -in Township of The North Shore Opted -in Municipality of Trent Hills I Opted -in Municipalities that have opted in or out, as posted on AGCO's website as of January 4, 2019 Municipality Opt-in/out Municipality of Trent Lakes Opted -in Township of Tudor and Cashel Opted -in Township of Zorra I Opted -in Clarftwn Planning Services Report If this information is required in an alternate accessible format, please contact the $FFHVVLEOLW\ RROLDWR(At 905-623-3379 ext. 21. Report To:-RI@DORMQI-1a1Q3 Date of Meeting: January , 2019 Report Number: File Numbers PSD -006-19 PLN 34.2.24.1 ODQng and Development CommitteeV Resolution: By-law Number: Report Subject: Heritage Incentive Grant, Annual Report for 2018 Recommendation: 1. That Report PSD -006-19 be received for information. 125 Municipality of Clarington Report PSD -006-19 Report Overview Page 2 The intention of the Heritage Incentive Grant Program is to assist owners with properties designated under Part IV and V of the Ontario Heritage Act (2005) with financing the cost of repairs and restoration of a designated heritage property. The program has been in existence since 2013 and in 2018 six projects were funded. 1. Background 1.1 The Heritage Incentive Grant Program was established to assist properties designated under the Ontario Heritage Act (2005), with financing the cost of repairs and restoration. The Municipality preferred to fund this program rather than passing a bylaw to provide heritage property tax relief. Designated heritage resources generally contain older and uncommon features which can be more costly to maintain and repair. The Municipal grant program is targeted to maintaining the listed heritage features for which properties have been designated. 1.2 The purpose of this report is to inform Council of how the funds for this program were spent in 2018. Any funds remaining in the Heritage Incentive Grant account accrue and are allocated in future. 2. Grants 2.1 Notification and application requests are sent to designated property owners early in the year with an application submission date of late May. Grants are determined based on the number of qualifying applications and how the work will enhance the designated heritage features. Grants may cover up to 50% of the costs of the eligible work per building to a maximum of $2,000 for exterior work and/or $1,000 for interior work, with a maximum of $3,000 per property owner. The property must also not be currently in receipt of other grants or tax incentives from the Municipality and have no outstanding property taxes. 2018 Grants 2.2 Following notification of property owners, a number of inquiries were received and applications from six designated properties were submitted for funding. Funding (in the range of 13-15% of the project value) was awarded to six designated properties. Works included: x structural restoration to front veranda roof and columns (110 Wellington St); x residing of a sawmill building (2662 Concession Rd 8); x restoration and painting of wood porch columns, bargeboard and window shutters (5565 Old Scugog Rd); x mortar repointing (67 Ontario St); x repair of deteriorating bay window trim (53 Division St); and x Soffit and fascia repair (5161 Main St). 126 Municipality of Clarington Report PSD -006-19 Page 3 2.3 At the time of writing, three projects has been completed and paid out in 2018. There was very minimal funds ($30) from previous years to be carried over. Staff received numerous additional inquiries from homeowners of designated properties that did not result in an application. Some of these owners chose not to apply this year but expect to apply in the future. Others proposed projects that did not address the heritage features of the home and did not qualify for grant funding as a result. 3. Concurrence Not Applicable. 4. Conclusion The heritage incentive grant has continued to receive strong interest from owners of designated heritage properties. In 2017 and 2018, six applications were received each year while there were three applications received in 2016 and two in 2015. As of the time of writing, $26,450 has been paid out in grant funds and 28 grants have been approved since the inception of the heritage grant program in 2013. Submitted by. Reviewed by: Faye Langmaid, RPP, FCSLA Andrew C. Allison, B.Comm, LL.B Acting Director of Planning Services CAO Staff Contact: Faye Langmaid at 905-623-3379 x 2407 or flangmaid(a)-clarington.net A list of interested parties to be notified of Council's Decision: Clarington Heritage Committee c/o Faye Langmaid &T• 127 Clarington Operations Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government DG3ODLJDGHMORSPHWRPPLWWHHV Date of Meeting: -DQU Report Number: OPD -001-19 Resolution: File Number: By-law Number: Report Subject: Update on the Replacement of Emerald Ash Borer (EAB) Infected Trees Recommendation: That Report OPD -001-19 be received for information. 128 Municipality of Clarington Report OPD -001-19 Report Overview Page 2 This report provides an update on the current status of the removal/replacement of Ash Trees that are infected with the Emerald Ash Borer Beetle (EAB). 1. Background 1.1 The tree inventory count that was completed in 2013 for the urban areas of Clarington indicated that there were a total of 2,344 Ash trees located on municipal road right of ways. 1.2 This inventory was split between three main urban centers as noted below: Courtice 981 trees Bowmanville 1,126 trees Newcastle/Orono 237 trees 1.3 Work has been on-going by staff of the Operations Department since 2013 to remove all of the Ash trees located on municipal roads. The remaining Ash tree count is provided as follows: Courtice 0 trees Bowmanville 259 trees (as of Nov20/2018) Newcastle/Orono 237 trees 1.4 In late, 2017 Clarington forestry staff began to remove the 515 Ash trees that were situated south of Highway #2 in Bowmanville. At present, only one remains which will be removed once Bell has removed their temporary service wire. 1.5 Of the 611 Ash trees in Bowmanville that are located north of Highway #2 a total of 259 currently remain to be removed. These were scheduled to be removed prior to the end of 2018, but have been delayed due to several extreme weather events. Most notably the recent wind event on September 21, 2018, which generated 120 work orders for storm damaged emergency tree service calls. The current projected time -line for the remaining EAB removals in Bowmanville is late spring or early summer 2019. 1.6 At the current rate of removal the 237 Ash trees that have been inventoried in Newcastle and Orono can be expected to be taken down no later than the early part of 2020. 1.7 At this time, the Operations Department does not have an inventory of Ash trees that are located within greenspaces, natural heritage areas or on any of the rural road allowances in the Municipality. As concerns arise the inspection and removal of these Ash trees will require additional staff time or require contracted services. Typically these issues, however, are only dealt with when they present an immediate hazard to persons or property. A closer review of these areas will need to be performed following the completion of the urban street tree removal program. 129 Municipality of Clarington Resort OPD -001-19 2. Replacement and Stumping Page 3 2.1 The replacement of ash trees began in 2014. At this time all of the 981 ash trees that have been removed in Courtice have been replanted with a variety of native type species. Based on the current budget levels that are approved for this initiative all of the ash trees that will be removed from Bowmanville, Newcastle and Orono are anticipated to be replanted by the end of 2022. 3. Emerald Ash Borer Cost to Date 3.1 The current cost of the Emerald Ash Borer removal and replacement program to date is: Wages $1,037,135 Equipment 390,472 Contract services 1,367,011 Total $2,794,619 Due to the fact that Municipal resources have been primarily focussed on the removal of ash trees, Operations staff are not able to respond to less critical forestry tree requests such as non-essential pruning. As noted earlier, only those forestry requests that are considered an emergency will be attended to on a priority basis. 3.2 If we were to increase the funding for replacement of the remaining 1363 affected ash trees in Bowmanville, Newcastle and Orono over the next two years we could expedite the time of replacement to the fall 2020. Based on an average cost of $365 per tree for stumping and replacement this would mean a one-time budget increase of $267,860 to complete the replacement program by 2020. 3.3 Once the tree removals are completed in the urban area, staff will concentrate their efforts on the removal of the affected ash trees in our parks, green spaces and rural road allowances. These trees are quickly becoming a concern as they continue to decline which will result in an increasing number of emergency and storm damage removals and calls. The probability of personal injury and property damage will increase the longer we delay the removal of these trees. 4. Conclusion The Operations Department will continue to focus on the ongoing removal of ash trees affected by EAB in order to meet our currently expected completion target date in the fall of 2022. 130 Municipality of Clarington Page 4 Report OPD -001-19 Submitted by: Reviewed by' �A Frederick J. Horvath Director of Operations Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Fred Horvath, Director of Operations, 905-263-2291 or fhorvath(a_clarington.net 131 Clarington Emergency Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint General Government and Planning and Development Committees Date of Meeting: January 7, 2019 Report Number: ESD -001-19 Resolution: File Number: By-law Number: Report Subject: Emergency Services Activity Report - Q3 2018 Recommendation: 1. That Report ESD -001-19 be received for information. 132 Municipality of Clarington Report ( 6040D Report Overview Page 2 The Emergency and Fire Services Department is responsible for delivering fire suppression and emergency response, fire prevention and public education programs in accordance with the Fire Protection and Prevention Act (FPPA). This Report provides Council with an overview of the activities associated with the Department's Suppression and Fire Prevention Divisions for Q3 of 2018 1. Fire Suppression and Emergency Response 1.1 Fire suppression services are delivered in both an offensive and defensive mode, including search and rescue operations, forcible entry, ventilation, protecting exposures, salvage and overhaul as appropriate. Emergency pre -hospital care is provided through medical acts such as defibrillation, standard first aid and cardio pulmonary resuscitation. 1.2 Fire Suppression staff responded to 1,016 calls in the third quarter of 2018. Of the 1,016 incidents, 13 were property fires with an estimated dollar loss of $790,000. 1.3 The following is a summary of emergency incidents by response type (see Attachment 1 for description): Response Type Q3 2017 Q3 2018 % Change % of Total 2018 Property Fires/Explosions 15 13 -13.33% 1.28% Outdoor - No Loss Fires & Burning - Controlled 41 40 -2.44% 3.94% CO False Calls 30 31 +3.33% 3.05% False Fire Calls 94 129 +37.23% 12.70% Medical/Resuscitator Calls 469 510 +8.74% 50.20% Other Response 87 99 +13.79% 9.74% Overpressure Rupture/Explosion (No Fire) 0 0 n/a 0.00% Pre Fire Conditions/No Fire 18 20 +11.11% 1.97% Public Hazard 44 65 +47.73% 6.40% Rescue 98 109 +11.22% 10.73% 133 Municipality of Clarington Page 3 Report ESD -001-19 1.4 Emergency and Fire Services saw the largest increase of False Fire and Public Hazard calls over Q3 of 2017. 1.5 Extreme wind caused power lines down and arcing due to fallen trees which generated 13 of the public hazard calls on September 21, 2018 alone. Almost 415 of the False Fire calls were the result of alarm system equipment malfunction or accidental activation (not including alarms accidentally activated by person). Call Volume by Geographical Area (Generated by first vehicle dispatched according to geography) Geographical Area Call Volume Call Volume % Bowmanville and surrounding area 476 46.85% Newcastle and surrounding area 197 19.39% Orono and surrounding area 51 5.02% Courtice and surrounding area 263 25.89% Enniskillen and surrounding area 29 2.85% Annual Total for Comparison at a Glance Event Type 2014 2015 2016 2017 2018 Call Volume 3,483 3,636 3,736 3,675 3,037 Civilian Injuries 2 3 4 1 0 Firefighter Injuries 4 1 0 0 0 Fatalities 0 1 0 0 0 Dollar Loss $5,661,800 $4,563,251 $6,148,757 $4,244,699 $2,588,750 134 Municipality of Clarington Resort ESD -001-19 2. Fire Prevention Division Page 4 2.1 Fire Prevention staff continue to perform a variety of functions in accordance with the FPPA and policies of the Department focusing on; creating a fire safe community. These functions are implemented through public education programs and fire inspections. The following is a summary of inspection services performed during the third quarter: Fire Prevention Activity — Q3 Volume Complaint Inspections 22 Requested Inspections 32 Self -initiated Inspections 23 Retrofit Inspections 0 Burn Permits 41 Fire Safety Plans Reviews 15 General Plans Reviews 72 Site Visits 42 Fire Investigations 3 FPPA Part 3 Charges Laid 0 FPPA Part 1 Charges Laid 0 2.2 The following is a summary of the various public education activities we attended in the third quarter of 2018: Public Education Activity — Q3 2018 Station Tours 5 School Visit 11 Public Events 3 Safety Lectures 3 Extinguisher Training Events 0 TAPP-C Attendance 0 3. Concurrence Not Applicable 135 Municipality of Clarington Page 5 Report ESD -001-19 4. Conclusion It is respectfully recommended that this Report be received for information. Submitted by: Reviewed by: Gord Weir, Andrew C. Allison, B. Comm, LL.B Director of Emergency & Fire Services CAO Staff Contact: Gord Weir, Director of Emergency & Fire Services, 905-623-5126 ext. 2802 or gweir@clarington.net Attachments: Attachment 1 — Response Type Description There are no interested parties to be notified of Council's decision. 136 Municiaality of Clarin Attachment 1 to bort ESD -001-19 Response Type Description Property Fires / Explosions: Instance or destructive and uncontrolled burning involving structures, vehicles and open area fires, including explosion of combustible solids, liquids or gasses which may or may not have resulted in a dollar loss. Outdoor, No Loss Fires: Uncontrolled fires, outdoors, that did not result in a loss, injury or fatality and is not suspected to be caused by arson, vandalism or children playing. Burning Controlled: Complaint call related to outdoor controlled burning, authorized or unauthorized. Fire Department did not take suppression action. CO (carbon monoxide) False Calls: A call where it is determined that the detection equipment malfunctioned or there was a perceived emergency - no CO present. False Fire Calls: Alarm activation or fire call that when investigated, is determined to be as a result of equipment failure, malicious/prank, perceived emergency, accidental activation of alarm by a person. Medical/Resuscitator Call: Includes a response to a patient(s) suffering from asphyxia, respiratory condition, convulsions, epileptic, diabetic seizure, electric shock, traumatic shock, heart attack, stroke, drug related, cuts, abrasions, fractures, burns, person fainted, nausea and pre -hospital care such as administering oxygen, CPR, defibrillation, or first aid. Other Response: Assistance to other Fire Departments, calls cancelled on route, non -fire incidents where an illegal grow operation or drug operation was discovered. Overpressure Rupture/Explosion (No Fire): Overpressure rupture/explosion with no fire, e.g. steam boilers, hot water, bombs, dynamite and gas pipe. Pre Fire Conditions/No Fire: Incidents with no fire that involve heat or potential pre fire conditions, e.g. pot on stove, cooking - smoke or steam, lightening and fireworks. Public Hazard: Includes a response for spills and leaks of a hazardous product such as natural gas, propane, refrigerant, miscellaneous/unknown, gasoline or fuel, toxic chemical, radio -active material, power lines down or arcing, bomb, explosive removal standby, CO (carbon monoxide) or other public hazard. Rescue: A call for a person in danger due to their proximity to the occurrence and who is unable to self -evacuate and is assisted by Fire Department personnel, e.g. vehicle accident, building collapse, commercial/industrial accident, home/residential accident, persons trapped in elevator, water rescue or water/ice rescue. 137 Clarftwn 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: Joint General Government and Planning and Development Committee Date of Meeting: January 7, 2019 Report Number: CLD -001-19 Resolution: File Number: By-law Number: Report Subject: Appointments to Various Boards & Committees — 2019-2022 Recommendations: 1. That Report CLD -001-19 be received; 2. That the Committee consider the applications for appointments to the various boards and committees, and that the vote be conducted to appoint the citizen and Council representatives to the various boards and committees, in accordance with the Appointment to Boards and Committees Policy; 3. That the Municipal Clerk's Department be authorized to advertise for any remaining vacancies; and 4. That all interested parties listed in Report CLD -001-19 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD -001-19 Report Overview Page 2 This report is intended to provide background information, regarding vacancies on various boards and committees to assist in the appointment process. 1. Background 1.1 The Municipality of Clarington has several Boards, Committees and appointments which expire with the term of Council. 1.2 Accordingly, the Municipal Clerk's Department placed an advertisement for the vacancies in the local newspapers and on the Municipality's Website, www.clarington.net. Current members of all boards and committees were contacted about the vacancies as well. 1.3 As per the "Appointment to Boards & Committees Policy", the applications have been forwarded to the appropriate staff liaison to complete a matrix for each board/committee for the citizen appointments. The matrix has been attached at the front of each of the applications for the respective boards and committees. 2. List of Applicants 2.1 The applications have been circulated confidentially under separate cover as they contain personal information. Below is an alphabetical listing of the various Boards and Committees and applicable information. 2.2 Please note that an asterisk after the applicant's name indicates that the person is presently a member of the Board or Committee. 2.3 "LATE" following the name indicates the application was received past the deadline of December 7, 2018 at 4:30PM. 2.4 A space has also been left to indicate the necessary Council representative appointments. Municipality of Clarington Resort CLD -001-19 Accessibility Advisory Committee 7 to 10 citizens, of which: the majority of the Committee members shall be persons with disabilities; and 1 Council Representative. Pinder DaSilva* Sylvia Jaspers-Fayer* Deb Kalogris Shea -Lea Latchford* (See Note Below) Marina Ross Tim VanLeevwen* Council Rep: XX NOTE: The Terms of Reference states that "Committee members may serve for 2 consecutive 4 year terms. A Committee member may be permitted to serve additional terms at the discretion of Council. Ms. Latchford was appointed in 2011 and again in 2015. Should Council wish to appoint Ms. Latchford for a further term, Section 8 of the Terms of Reference will need to be waived. Agricultural Advisory Committee 5 members for a 4 year term: agricultural representatives of various farming interests (beef, dairy, apple, greenhouse, cash crops, hog, poultry, etc.), and 1 Council Representative. Tom Barrie* Eric Bowman* John Cartwright* Milton Dakin Donald Rickard* Hard Sukhu Council Rep: XX Page 3 Municipality of Clarington Resort CLD -001-19 Committee of Adjustment 6 citizens John Bate* Anna Camposeo Steven Cooke Dave Eastman Noel Gamble Glynn Green Shelley Pohjola Kyle Roberts Todd Taylor* Jim Vinson* Gord Wallace* Ganaraska Forest Recreational User Committee 1 citizen Anthony Wood* Clarington Heritage Committee Minimum of 5 members, maximum of 12 members, including representative from Newcastle Village and District Historical Society, representative from Clarington Museums and Archives, + 1 Council Representative Steven Conway* Robert Malone* Victor Suppan* Peter Vogel* Katharine Warren* Council Rep: XX Page 4 Municipality of Clarington Resort CLD -001-19 Energy from Waste — Waste Management Advisory Committee 4 Clarington Residents, Members will be appointed for a two year term to a maximum of three consecutive terms. Wendy Bracken* Kerry Meydam Hard Sukhu Livestock Valuers 2 citizens Milton Dakin* Brad Found* Museums and Archives Board 5 Citizens and 2 Council Representatives Steven Cooke Rick McEachern Stephen Middleton* Marilyn Morawetz* Suzanne Reiner Marina Ross Katharine Warren* Council Rep: XX Council Rep: XX NOTE: The Museums and Archives Board governance policy states that a member cannot sit for more than nine consecutive years. Page 5 Municipality of Clarington Resort CLD -001-19 Newcastle Arena Board 7 citizens and 2 Council Representatives Dave Bouma Peter Kennedy* Shea -Lea Latchford* Gary Oliver* Todd Taylor Sue White* Council Rep: XX Council Rep: XX Newcastle Village Community Hall Board 5 citizens, 3 appointed by Council and 2 Representatives elected by residents, and 2 Council Representatives At the time of writing this report, no applications had been received. Staff re - advertised for the opportunity to apply. Council Rep: XX Council Rep: XX Property Standards Committee 6 citizens John Bate Steven Cooke Dave Eastman* Glynn Green Shelley Pohjola Hard Sukhu Jim Vinson Anthony Wood* Page 6 Municipality of Clarington Resort CLD -001-19 Public Library Board 7 citizens + 2 Council Representatives Nancy Brandon Steven Cooke Terri Gray* Judy Hagerman* Chris Hinbest Justin MacLean Donald McKenzie Marina Ross Laila Shafi Tshaka Takura Jacob VanderSchee* Connor Visser Council Rep: XX Council Rep: XX Samuel Wilmot Nature Area Management Advisory Committee Minimum of 8 citizens + 1 Council Representative Leo Blindenbach* Thomas Hossie Rob McArthur* Kate Potter* Brian Reid* Patrick Robert Bothwell* Meaghan Vandenbrink* Council Rep: XX Durham Active Transportation Committee 1 citizen + 1 Regional Councillor Constance Gray* Hard Sukhu Regional Council Rep: XX Page 7 Municipality of Clarington Page 8 Report CLD -001-19 I Solina Hall Board 3.1 By-law 2008-038 establishes the Solina Hall Board as Municipal Service Board, and establishes the Terms of Reference. The composition of the board is comprised of seven members, including two Council representatives. At the time of writing this report, the Municipal Clerk's Department has not been informed of the community members' names. Therefore, the only appointments to be made at this time are two Council representatives. 4. Tyrone Hall Board 4.1 Tyrone Hall Board was established as a Municipal Service Board, by By-law 2008-039. As per resolution #JC -064-18, the By-law was amended such that the Board's composition shall be comprised of 4 members, including one Council representative. At the time of writing this report, the Municipal Clerk's Department has not been informed of the community members' names. Therefore, the only appointment to be made at this time is the Council representative. 5. Clarington Task Force on Affordable Housing 5.1 The Seniors Housing Task Force terms of reference states that, "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. As per Resolution #C-251-18, Council appointed Councillors Hooper, Traill and Partner as the members of Council. 5.2 On December 10, 2018, Councillor Jones was appointed as the third member of Council (replacing former Councillor Partner) on the Clarington Task Force on Affordable Housing. 5.3 The Municipal Clerk's Department did not advertise for the Clarington Task Force on Affordable Housing as the terms of reference states that, "This is an ongoing advisory Task Force, therefore, no set timelines have been established". Therefore, the appointments as per Resolution #C251-18 will remain. 5.4 However, the Municipal Clerk's Department had a request from Wendy Partner seeking appointment as citizen appointment to the Task Force. The terms of reference states that, "A maximum of 11 citizen members may be appointed" and at this time only 9 citizen members have been appointed. Council has the discretion to consider the application for appointment, and conduct a vote to appoint the citizen, in accordance with the Appointment to Boards and Committees Policy. Municipality of Clarington Page 9 Report CLD -001-19 6. Orono Arena Board 6.1 As per Councils Resolution #C-20$-17, "That provided a Municipal Capital Facility Agreement has been entered into with the Orono Amateur Athletic Association, the Orono Arena and Community Centre Board be dissolved effective August 1, 2017". 6.2 The agreement between the Municipality of Clarington and the Orono Amateur Athletic Association was executed and the Orono Arena Board was dissolved effective August 1, 2017. The Orono Arena and Community Centre is now a municipal capital facility, and therefore no further appointments will be made. 7. Orono Cemetery Board 7.1 During the Joint General Government and Planning and Development Committee meeting on December 10, 2018, the Orono Cemetery Board submitted a letter to the Committee requesting transferring the operation and maintenance of the Cemetery to the Municipality of Clarington_ 7.2 The Committee passed resolution #JC -012-18 That Council thank the Board of Directors for their many years of service; That Staff reach out to the community to see if there is any interest in operating and maintaining the Orono Cemetery; and That Staff Report back to the January 21, 2019 General Government Committee Meeting. 8. Appointments of Councillor Representatives 8.1 The following Boards and Committees require Council representatives only (i.e. no citizens are appointed from the Municipality of Clarington): Name of Board/Committee Number of Council Representatives Clarington Active Transportation and Safe Roads Advisory Committee 1 Bethesda House 1 Bowmanville BIA 1 Bowmanville CIP 1 Bowmanville Santa Claus Parade 1 Newcastle BIA 1 Newcastle Village CIP 1 Municipality of Clarington Reoort CLD -001-19 Page 10 Orono BIA 1 Orono CIP 1 St. Mary's Cement Community Relations Committee 1 Visual Arts Centre 1 9. Concurrence Not Applicable 10. Conclusion 10.1 It is recommended that the Committee consider the applications for appointment to the various boards and committees. 10.2 In light of the lack of applicants to some of the boards and committees, it is recommended that the Municipal Clerk's Department be authorized to advertise for any remaining vacancies. 11. Strategic Plan Application Not applicable. Submitted by: Reviewed by: 4.,A ne reentree, B.A., CMO, Andrew C. Allison, B. Comm, LL.B Municipal Clerk CAO Staff Contact: Samantha Gray, Committee Coordinator, 905-623-3379 ext. 2106 or sgray@clarington.net Attachments: Attachment 1 — Confidential Applications (Distributed Separately) Attachment 2 — Committee Matrixes The following is a list of the interested parties to be notified of Council's decision: All Applicants All Board/Committee Appointment Contacts 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: Joint General Government and Planning and Development Committees Date of Meeting: January 7, 2019 Report Number: CLD -002-19 Resolution: File Number: By-law Number: Report Subject: Discontinuance of Abandoned Cemeteries Board Recommendations: 1. That Report CLD -002-19 be received; 2. That the Clarington Abandoned Cemeteries Board be disbanded; 3. That the existing members of the Clarington Abandoned Cemeteries Board be thanked for their work on the Committee; and 4. That all interested parties listed in Report CLD -002-19 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD -002-19 Page 2 Report Overview This report provides background information for Members of Committee to consider the disbandment of the Clarington Abandoned Cemeteries Board. 1. Background 1.1 In 1976, the Ministry of Municipal Affairs approached the Town of Newcastle regarding the maintenance of cemeteries. As a result, Council adopted the recommendation of the Community Services Committee to create a committee for the care of abandoned cemeteries (14 cemeteries) in Darlington Township. 1.2 The Cemetery Board of Clarke Township (19 cemeteries) was put in place by the passing of Clarke Township By-law 1403 in 1962, which created the Board to administer and operate the Clarke cemeteries. Subsequent by-laws were passed, with the Town of Newcastle By-law 77-25, as amended, remaining as the by-law establishing that the municipality would maintain, manage, regulate, and control certain cemeteries. 1.3 Arising out of Report CD -12-94, Resolution #GPA -222-94, recommending that the Clarke and Darlington cemetery boards be disbanded and rolled into a single "Abandoned Cemeteries Board" to maintain the 33 Clarington abandoned cemeteries, was approved. 2. Current Situation 2.1 The Board consists of seven citizens and one Member of Council. They meet at the call of the Chair (typically once or twice a year) and record minutes, with most of their work being "hands on" usually consisting of an inspection tour of the abandoned cemeteries as well as ensuring that each cemetery is maintained. For many years, their work has consisted of cleaning the headstones. 2.2 In 2015, the Committee agreed that they would discontinue the practice of cleaning the stones and allow nature to preserve them; by way of allowing the moss to naturally encapsulate the stone. This approach is consistent with industry practice and how our active cemeteries are maintained (i.e. they do not clean any headstones, they only repair or lay down stones that are unsafe, and they work on general ground maintenance and pruning). 2.3 The Operations Department staff performs an annual inspection of the abandoned cemeteries for health and safety concerns, and provide on-going care and maintenance as required. Note, where the Department is unable to undertake the maintenance for a few select, small cemeteries, the contractor (contracted by the Municipality) is directed to undertake the work. 2.4 In recent years, the Committee's work has consisted of data collection and photograph collection, to be incorporated into the Clerk's Department cemetery software database, 149 Municipality of Clarington Page 3 Report CLD -002-19 Stone Orchards. This work is continuing to be processed by staff and is expected to be completed by the end of 2019. 2.5 Given that the property maintenance is managed by staff and the records maintenance has and will be fully digitized and preserved, there is no longer a need for the Committee to continue. 2.6 During their last meeting, on December 7, 2017, the Committee discussed the possibility of the disbanding the Board and they were in general agreement on disbanding. I Clarington Cemeteries - Web Access 3.1 The Municipal Clerk's Department plans to continue the project begun in 2015, to provide web access for information on all Clarington cemeteries (active and abandoned). 4. Concurrence This report has been reviewed by the Director of Operations, who concurs with the recommendations. 5. Conclusion It is respectfully recommended that, since the Clarington Abandoned Cemeteries Board has fulfilled its mandate, the Board be disbanded. 6. Strategic Plan Application Not applicable. Submitted by: C. Anne Greentree, B.A., CMO, Municipal Clerk Reviewed by: f ,f Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or jgallagher@clarington.net The following is a list of the interested parties to be notified of Council's decision: Members of the Clarington Abandoned Cemeteries Board 150 Clarftwn Corporate 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: -RLN H@U DORM U@HMWDQMERMORSPHVkRPPLWLHV Date of Meeting: January 7, 2019 Report Number: COD -001-19 Resolution: File Number: By-law Number: Report Subject: Health Benefit Program Renewal & ASO Consideration Recommendations: That Report COD -001-19 be received; 2. That the presentation by DJ Nascimento from Mosey & Mosey Benefit Plan Consultants outlining the Health Benefit Program renewal and ASO consideration, be received with thanks; 3. That the recommendation by Mosey & Mosey to remain under the Insured Funded Arrangement (also referred to as non -refunded accounted arrangement) with Sun Life be approved as outlined in the presentation and executive summary; 4. That the Director of Corporate Services be authorized to sign the appointment letter with Mosey & Mosey to renew the Benefit Program with Sun Life through the Local Authority Services (LAS) under either option of Insured Funded or ASO, as decided by Council; and 5. That DJ Nascimento of Mosey & Mosey be advised of Council decision. 151 Municipality of Clarington Report COD -01-1 9 Report Overview Council approval is requested for the February 1, 2019 renewal of the Health Benefit Program, remaining with Sun Life on an Insured Funded Arrangement, with placement through Local Authorities Service (LAS). 1. Background Page 2 1.1 In renewing the Health Benefit Program in place for February 1, 2019 the General Government Committee approved report COD -019-17 ASO Review for Provision of Employee Group Benefits, and at the November 20, 2017 Council meeting Resolution #GG -458-17 was approved as follows: That Report COD -19-17 be received; That the Health and Dental Benefits Program for the first renewal term, February 1, 2018 to February 1, 2019, be approved to remain as is with Sun Life Financial to take advantage of the 15% renewal cap; That the ASO option for provision of Health and Dental benefits be reviewed in advance of the next renewal period of February 1, 2019 to February 1, 2020, with consulting assistance as needed at an estimated cost of $20,000 to be funded from the ASO Reserve fund; and That registered interested parties be advised of Council's decision regarding the award by the Corporate Services Department in consultation with Finance. 2. Process Undertaken to Assess the 2019 Renewal Options 2.1 In February 2017 the program manager at the Local Authority Services (LAS), an arm of the Association of Municipalities of Ontario (AMO), sent a letter (Attachment #1) to the CAO to advise that LAS has partnered with Mosey & Mosey Benefit Consultants to provide municipalities access to an aggregated group of benefits plan. Mosey & Mosey contracted with Sun Life to underwrite the program for their consortium of approximately 30 municipalities with over $7 million premium dollars, which provides bargaining power to the participating municipalities. 2.2 The Municipality met with Mosey & Mosey to explore whether they could obtain a reduction in the current rates in place for 2018. Mosey & Mosey approached Sun Life, but were advised that there was no immediate advantage available on the existing plan due to the rate guarantees in place. 2.3 Morneau Shepell was engaged by the Municipality to provide an analysis of the funding arrangements comparing the existing Fully Funded program to the Administrative Services Only ASO option. Their review assessed the ability of the Municipality to enter into an ASO arrangement based on claims experience over the recent two (2) years, in 152 Municipality of Clarington Resort COD -01-1 9 Page 3 accordance with the resolution and funds provided. The Director of Finance/Treasurer has provided an overview of that undertaking in the financial section of this report. 2.4 The Municipality also independently requested a quote directly from Sun Life to see if there would be an advantage by utilizing the services of Mosey & Mosey. The independent quote resulted in an overall increase in premiums of approximately 14.3%, (from 2018 rates) which is referred to as the stand-alone option in the Mosey & Mosey Executive Summary (Attachment #2). The LAS program through Mosey & Mosey provides a definite savings for the Municipality. 2.5 Mosey & Mosey was engaged to conduct a review of claims experience for the recent two years and to obtain a quote. Their written presentation outlined the result of their review and provided the recommendation to continue with the Fully Funded program, which they refer to as non -refund accounted arrangement to maximize the containment of premium cost at 9.8%. 2.6 The intention is to continue assessing the ASO option with the recommended new renewal date of November 1, 2019, under LAS, which also lends better to appropriate budgeting. 3. Financial Assessment 3.1 The Director of Finance provides the following overview of the Morneau Shepell assessment: x The Municipality of Clarington engaged Morneau Shepell to provide information regarding: o the advantages and disadvantages of Refund Accounting and Administrative Services Only (ASO); o a study of claims fluctuation from month-to-month to understand the risk exposure with ASO; o a mock financial accounting of two (2) benefit years to determine the "claims fluctuation reserve" required if the Municipality were to switch; and o a lag study to recommend a level for "incurred by not reported reserve". x The Morneau Shepell report supported the independent assessment of Mosey & Mosey that over the past two years an ASO funding program would have resulted in a deficit to the Municipality. It should be noted that both reports concluded that the difference is within $15,000 over the two year period; however in one year the deficit is approximately $144,000 while the following year is a $132,000 surplus. x From a financial planning and budgetary perspective the difference between the two funding models is the amount of fluctuation in any given period. With ASO, the fluctuations from period to period are borne by the Municipality. The current funding model requires known amounts to be paid for the year which may be adjusted annually at renewal. 153 Municiprington Report C 9 ion study showed that over the two year period: Page 4 Dental $40,000 $60,000 $50,000 Health $58,000 $115,000 $90,000 Total $100,000 $170,000 $141,000 x The Municipality has established a reserve fund for ASO which currently has a balance over $500,000. Based on the past two years, this reserve fund would provide sufficient funding to mitigate the fluctuation in claims. x Based on an estimate of 5% of non -pooled paid claims for the "incurred by not reported reserve" of $86,000 the existing reserve fund would be sufficient to meet those needs as well. x The Morneau Sheppell report did not recommend either an ASO or fully funded model. It is recognized that over time the costs will even out in a fully funded model because the benefit provider will increase premiums or reduce premiums based on actual claims however the timeline for recognition of decreases could be longer. The main difference between the funding models is the risk of volatility in the claims and the level of risk the Municipality is willing to absorb. 4. Summary 4.1 If Council were to decide to change to ASO option the Municipality is in a position to mitigate periodic fluctuations and can smooth funding levels over time. However it should be noted that the ASO method does present a more volatile expense model than the fully funded model with the risk ultimately transferred to the Municipality under the ASO option. 4.2 Remaining with a fully funded option with the unexpected low increase at 9.8% for an additional ten month period to November 2019 allows further assessment of the impact of the OHIP download to the employer for dependents under 25 years of age, will allow additional claims experience review, and mitigates risk for the Municipality. 4.3 It is anticipated that a move to ASO may be in the best interest in the near future, when the combined review periods result in a comfortable surplus and all rate guarantees have been exhausted. 154 Municipality of Clarington Resort COD -01-1 9 5. Concurrence Page 5 This report has been co-authored by the Director of Finance/Treasurer who concurs with the recommendations. 6. Conclusion It is respectfully recommended that Council authorize the renewal for February 1, 2019 on the existing fully funded program through LAS with a November 1, 2019 renewal going forward and that the ASO funding option continue to be reviewed and considered in future. 7. Strategic Plan Application Not applicable. Submitted by: Made Marano, H.B. Sc., C.M.O., Director of Corporate Services :57 7Z�� Trevor Pinn, B.Com, CPA, CA Director of Finance / Treasurer Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Kerri McMullen, Compensation & Benefits Supervisor, ext. 2206 or kmcmullen@clarington.net There are no interested parties to be notified of Council's decision. Attachment 1 — LAS Letter to Chief Administrative Officer Attachment 1 — Municipality of Clarington — Executive Summary — December 2018 155 Andrew Allison CAO Municipality of Clarington 40 Temperance Street Bowmariville, ON L1C 3A6 Dear Mr. Allison, As you may be aware, the cost of providing a group benefits plan to your staff continues to grow. Fortunately, there is a Municipal Group Benefits Program to offer relief from rising premiums. since 2009 LAS has partnered with Mosey & Mosey Benefits Consultants to provide more than 30 Ontario municipalities access to an aggregated group benefits plan. As one of the most recognizable names in benefits consulting, Mosey & Mosey brings over 40 years of group benefits consulting experience to the municipal` or r.IVor mg withyour municipa i ye can develop a enefits philosopher a con rots - "- costs and minimizes the internal resources required to. manage your benefits program. Because each municipality is diverse in its needs and capacities, we allow you to design your own benefits plan. We offer tangible and measurable savings through aggregated purchasing that includes lower rates, lower administrative costs, and preferred expense levels: Historicallynew'enrolments have seen an average savings of 12.45% over, pre-existing benefit costs at the'time of quotation. In addition to saving money, you can also expect prompt assistance, professional advice, and ongoing communications to meet your municipality's unique needs. LAS is committed to offering a program that provides support to Ontario municipalities through a proven delivery model. For more information on this program, or to begin the quotation process, please contact DJ Nascimento at dnascimento@mosev.on.ca or 1.800.268.8383 ext. 276. Sincerely, Eleonore Schneider LAS Program Manager AM• 200 University Ave. Suite 801 www.las.on.ca Tel 416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 las@las.on.ca Fax 416. 971.6191 877.426.6527 156 Attachment # to Report COD -001 EXECUTIVE SUMMARY TO: MUNICIPALITY OF CLARINGTON FROM: MOSEY & MOSEY SUBJECT: EMPLOYEE GROUP BENEFIT PLAN REVIEW DATE: DECEMBER 12, 2018 The Municipality of Clarington recently granted Mosey & Mosey authority to: • 5 HT HV1/W--I RLP D\NZ-IIU; P 46 --1 LLH-UiD HARW ir-O ❑E FLSDWRI ACU -J VRE VLFP SULW- J U9 -S benefits program, to undertake a review and act on your behalf to negotiate the February 2019 renewal; • Obtain a Local Authority Services (LAS) quote from Sun Life; and • Review an Administrative Services Only (ASO) option for the Health and Dental benefits. Renewal Negotiations for February 1, 2019 We note that the current group benefits arrangement with Sun Life is: • All benefits are currently insured non -refund accounted, and were transferred to Sun Life effective October 1, 2016. • As a result of that marketing and subsequent transfer, the rate guarantees provided by Sun Life are: 0 40 months on Life (i.e., Employee, Dependent & Optional) L guaranteed to February 1, 2020; 0 28 months on Long Term Disability (LTD) guaranteed to February 1, 2019; and 0 16 months on Health and Dental, with a global rating cap. At the February 1, 2018 renewal for the Health and Dental benefits, the implemented increases were +21% and +20% respectively, resulting in an overall premium increase (for all benefits combined) RI LII❑❑❑ [DI ❑❑Ft LLHVDSS(FD\b'R LR W-11DWJ fDS❑ $ INJLFMH❑LQJ C6 ❑❑C/1 LLHV_SURSR\/HGAA0G-alone renewal for February 1, 2019, we negotiated with the insurer on the basis that the Municipality of Clarington will be included within the (LAS) Group Benefits Program. We felt this arrangement would provide the lowest possible costs at this renewal, as well as future renewals. Rating Within the Local Authority Services (LAS) Group Benefits Program Summarized on the next page are the proposed renewal adjustments from Sun Life, in comparison to the renewal adjustments negotiated by Mosey & Mosey, as part of LAS. We note that these rates are only guaranteed until the next LAS renewal, which is November 1, 2019. Being a participant within the LAS plan under the current arrangement (fully insured), these rates continue to maximize overall savings now and will almost certainly soften subsequent renewal rate adjustments. 157 Attachment # to Report COD -001 Benefit Current Cost Sun Life Proposed Stand Alone Renewal Effective February Cost 1, 2019 Mosey& Mosey Revised Cost Within the LAS Effective February Negotiated Consortium 1, 2019 Monthly Monthly Monthly Volume Premium Premium Adjustment Premium Adjustment Life Insurance 79,168,000 $ 17,143.75 $ 17,143.75 0.0% $ 17,143.75 0.0% Dependent Life Insurance 325 2,389.12 2,389.12 0.0% 2,389.12 0.0% Long Term Disability 1,566,925 41,734.64 59,262.28 42.0% 55,136.15 32.1% Extended Health Care Single 46 6,775.19 7,588.18 12.0% 7,287.44 7.6% Couple 122 37,002.20 41,442.21 12.0% 39,799.91 7.6% Family 218 85,483.27 95,741.43 12.0% 91,947.05 7.6% Dental Single 44 2,845.71 2,988.10 5.0% 2,920.56 2.6% Couple 122 15,861.14 16,654.03 5.0% 16,279.52 2.6% Family 218 44,024.62 46,226.32 5.0% 45,185.44 2.6% TOTAL MONTHLY PREMIUM $ 253,259.64 $ 289,435.42 $ 278,088.94 TOTAL ANNUAL COST -ALL BENEFITS $ 3,039,115.68 $ 3,473,225.04 $ 3,337,067.28 Variance To Current Cost $ 434,109.36 14.3% $ 297,951.60 9.8% Note: Impact of Stand Alone vs. LAS Consortium: $434,109.36 - $297,951.60 = $136,157.76 premium savings Mosey & Mosey Recommendations Since the lowest available renewal cost can only be obtained through the LAS Program, we recommend appointing Mosey & Mosey as your agent of record (a signed letter of appointment would be required to appoint Mosey & Mosey as your Benefit Consultant), so that we can proceed with placing the Municipality of Clarington within this consortium. In addition, there will be no additional cost to the Municipality of Clarington and we will confirm the negotiated renewal rates (as part of the LAS consortium) to Sun Life, effective February 1, 2019. We recommend retaining the insured non -refund accounted arrangement at this time; but will revisit the ASO funding arrangement in the future. Mosey & Mosey was established in 1971 and has a solid understanding of the public sector, representing over 200 municipalities across Ontario. The Local Authority Services (LAS) Group Benefits Program is underwritten through a multi- employer consortium plan; with more than 30 participants and over $7 million in annual premiums, the Consortium Program was developed by LAS and Mosey & Mosey to allow individual municipalities to achieve benefit costs through the increased purchasing power of the overall group. • The Account would be managed as follows: o DJ Nascimento ❑Account Executive o Patricia Lane ❑ Service Advisor o Jesse Schafheitlin []Technical Analyst 158 Attachment # to Report COD -001 • Since the Municipality of Clarington is currently insured with Sun Life, joining the LAS Program with the current funding arrangement would not require any change in carrier and would be seamless to the employees. Moving to an ASO arrangement would require a new policy number and new drugs cards for employees. • The only deviation is with regards to the pooling, which differs slightly from the current arrangement. Extended Health Care Pooling 7EHT ❑dFLSD C&®lQ❑JVUI\/LF❑lJlH MR;M-J-DJDIL,JF-PHEVWIRJall out -of -country claims to be pooled from the first dollar as well as all in -Canada EHC claims in excess of $15,000 per insured i n d i v i d u a l S _ -+DJI_I.7--NHCSF4R@G1FG P VAM-L H RUHDIIHIHEFOGIG1l9;P �H S®I_ L\VCHCSHLU _FH 7 EHI/ $ 6 ❑S®❑VCSFTZQ:LJ EDUangement is almost identical, except that the in -Canada claims in HEFHWR EEI❑❑TI❑❑1DLHEHLFQCHG_IIU;P ANH_S0LIVLHLSHIJJlHLFH17 EHERE Abf-country claims are also pooled from the first dollar. With a higher pooling limit would result in lower stop loss charges as the Municipality would be taking on an additional $5,000 of risk for those individuals who has Extended Health Care claims in excess of $15,000. Administrative Services Only (ASO) Quote for Health and Dental Underwriting the Health and Dental benefits on an ASO basis is a funding arrangement that larger groups explore, because they have the financial stability to be able to take on the additional risk (of being fully liable for claims costs), while also lowering their administrative costs. Please keep in mind that the Life, Dependent Life and Long Term Disability will remain as is as there is not an ASO option for these benefits. °/EM-G❑L6 III/ LLHVC$ 6 2 ESLRSRVDO EH(L IV_DLILM _IERI EER❑ VNIO ❑ADM RI _& QU_J W- V plan would have performed over the past two years, if the funding arrangement had been ASO; Municipality of Clarington Health and Dental Consolidated Analysis Retrospective Two (2) Year ASO Analysis i2017/2018 All Years Combined Paid Premium/Deposits $1,663,154 $2,114,615 1 $3,777,76 Paid Claims 1,538,828 1,746,838 I_ 3,285,666 Pooling Credit (101,889) (110,792) I_ (212,681) $1,436,939 $1,636,046 $3,072,985 212,630 121,134 $1,770,703 ($107,549) 246,179 137,919 $2,020,144 $94,471 * Charge for Out-of-Country/$15,000 Stop Loss threshold is based on 24.50%. 458,809 259,053 $3,790,847 ($13,078) ** General Administration, Claims Handling, Profit Charge, Premium Taxes, Consulting Fees (8.43% of total expenses). 159 Attachment # to Report COD -001 Mosey & Mosey Recommendations • ASO would result in modest savings from expenses, however, The Municipality would assume the risk of any increase in claims; since the two year combined ASO result would have been a deficit, Mosey & Mosey recommends retaining the insured non -refund accounted funding arrangement at this time and revisit the ASO funding arrangement at a later date. Consideration of Appropriate Funding/Underwriting Arrangement Risk: The primary difference between Non -Refund Accounted and ASO funding arrangements is the degree of risk and the level of liability assumed; the primary factor is your own tolerance for risk and the level of liability that you wish to assume under the plan. The emergence of high cost drugs to treat catastrophic health conditions has threatened the stability of employee group benefit programs; these drugs have the potential to significantly improve their health while at the same time jeopardize the sustainability of your employee benefit program. Other factors to consider: Aging workforce and increased chronic disease (e.g. diabetes, heart disease, asthma etc.). Pending changes to OHIP+; dependents less than 25 years of age will now go to private plan first for their prescription drugs (expected date of March 2019 and expected increase of 2%-10%). Each client must carefully consider the potential advantages and disadvantages when deciding upon the most appropriate underwriting method. No one factor will be more important to this C-1-FLAR VVD-1WW l-F(t-IIAV CJD/N ID FHF_ Conclusion: Mosey & Mosey will support the final decision made by the Municipality of Clarington as we have no vested interest moving forward with a Non -Refund Accounted or ASO funding arrangement. • 11 Clarington Finance Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint General Government and Planning and Development Committees Date of Meeting: January 7, 2019 Report Number: FND-001-19 Resolution: File Number: By-law Number: Report Subject: Temporary Borrowing By-law for 2019 Recommendations: 1. That Report FND-001-19 be received; and 2. That the By-law attached to Report FND-001-19 be approved. 161 Municipality of Clarington Report FND-001-19 Report Overview Page 2 The Municipality of Clarington is required to provide a by-law authorizing temporary borrowing as part of its banking arrangements with TD Bank. This is an annual requirement and remains unchanged from prior years. 1. Background Temporary Borrowing By-law 1.1 Annually, Council is requested to grant authority to the Mayor and the Treasurer to borrow, on a temporary basis, funds that may be required to meet current expenditures and liabilities of the Municipality prior to the receipt of the Municipality's property taxes and other revenues. These borrowings may be in the form of external and/or internal sources including interFund transactions. 1.2 The legal authority for these borrowings is pursuant to Section 407 of the Municipal Act, 2001 and allows municipalities to borrow amounts between January 1 and September 30 not to exceed 50% of total estimated annual revenues and to borrow amounts between October 1 and December 31 not to exceed 25% of total estimated annual revenues. 1.3 Consistent with prior years, the request for authority is $15,000,000. Under the regulations the upper limit per regulations would be in excess of $25,000,000_ 1.4 Historically, it has not been necessary for the Mayor and the Treasurer to exercise this authority, it not expected that authority will be needed however this is a requirement of our banking agreements. 2. Concurrence Not Applicable 3. Conclusion 3.1 It is respectfully recommended that the temporary borrowing by-law be approved and authority be provided. This authority provides the Municipality with contingency borrowing capacity in the event of the unknown circumstances related to the collection of the Municipality's revenues. 3.2 The proposed 2019 limit of $15 million remains at the level approved for 2018. 162 Municipality of Clarington Resort FND-001-19 4. Strategic Plan Application Not applicable. Submitted by. Trevor Pinn, B.Com, CPA, CA, Director of Finance/Treasurer Page 3 Reviewed by-:Z4301e�� Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Trevor Pinn, Director of Finance/Treasurer 905-623-3379 x 2602 or tpinn@clarington.net Attachment: Attachment 1 - By-law to authorize temporary borrowing for the year 2019 There are no interested parties to be notified of Council's decision. 163 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2019 - Being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2019 WHEREAS under Section 407 of the Municipal Act, 2001, the Municipality is empowered to borrow for current expenditures from January 1 sl to September 30, up to 50 percent and from October 1 to December 31 up to 25 percent, of the estimated revenues for the year; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Director of Finance/Treasurer be hereby authorized on behalf of the Municipality to borrow from time to time by way of operating line of credit/overdraft facility, from the Bank holding the Municipality's banking contract, (hereinafter called the "Bank"), a sum or sums not exceeding in the aggregate $15,000,000 to meet until the taxes are collected the current expenditures of the Municipality for the year, including the amounts required for the purposes mentioned in Subsection (1) of Section 407 of the Municipal Act, 2001, with interest at such rate as may be agreed upon from time to time with the Bank under the banking contract. 2. THAT all sums borrowed pursuant to the authority of this by-law as well as all other sums borrowed in this year and in previous years from the Bank for any or all of the purposes mentioned in the said Section 407, shall with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. THAT the Director of Finance/Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. 4. THAT the Director of Finance/Treasurer is hereby authorized to furnish to the Bank a statement showing the nature and amount of the estimated revenues of the Municipality not yet collected and also showing the total of any amounts borrowed under Section 407 of the Municipal Act, 2001, that have not been repaid. BY-LAW passed in open session this 14th day of January 2019. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 164 Clarftwn 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:-REYEADORid ENDQ30DQQBRSPW8PP1NWW Date of Meeting: January 7, 2019 Report Number: CAO -001-19 Resolution: File Number: By-law Number: Report Subject: Update Regarding Municipal Climate Chan Recommendations: That Report CAO -001-19 be received; Action 2. That pre -budget approval of the Municipality's financial contribution in 2019 of $33,748 for the hiring of a Climate Change Coordinator be approved with $15,000 of funding from the Municipal Government Enterprise Reserve Fund and $18,748 of funding from the 2019 tax levy; 3. That pre -budget approval for the Municipality's financial contribution in 2020 of $35,419 for the hiring of a Climate Change Coordinator be approved with funding from the 2020 tax levy; 4. That the Mayor and Clerk be authorized to execute the necessary agreements with the Federation of Canadian Municipalities; and 5. That all interested parties listed in Report CAO -001-19 and any delegations be advised of Council's decision by the Department. 165 Municipality of Clarington Report CAO -001-19 1. Introduction Report Overview Page 2 This report provides an update to Report CAO -007-18 respecting municipal climate change action. This includes introduction of the Municipality's Inter -departmental Working Group on Climate Change, and next steps with respect to funding from the Federation of Canadian Municipalities for the hiring of a temporary Climate Change Coordinator. Pre -budget approval of a portion of the Climate Change Coordinator salary is being sought. 1.1 On July 3, 2018, Council approved Resolution #GG -366-18 respecting the establishment of an inter -departmental working group on climate change and directing staff to prepare an application for the Federation of Canadian Municipalities' (FCM) Municipalities for Climate Innovation Program (MCIP) — Climate Change Staff Grants initiative (Report CAO -007-18). The purpose of this report is to update Council on the status of this new inter -departmental working group and the grant application, and to seek pre -budget approval for the Municipality's financial contribution of the remaining portion of the salary. 2. Inter -Departmental Climate Change Working Group 2.1 A Terms of Reference for the Inter -Departmental Climate Change Working Group (CCWG) was approved by Department Heads in September. In accordance with the established mandate, the CCWG brings together representatives from across the Corporation to work collaboratively on a climate change vision for the Municipality and to identify, prioritize and implement climate change actions that are within Municipal control. 2.2 The inaugural meeting of the CCWG was held on November 28, 2018. The CCWG is comprised of at least one representative from the following Departments: x Community Services x Corporate Services x Emergency & Fire Services x Engineering (including Building) Services x Finance x Operations x Planning Services • Municipality of Clarington CAO -001-19 Page 3 Legal Services, Clerks and Corporate Communications will be called upon on an as needed basis. 2.3 The preparation of a work plan for the CCWG will commence in early 2019 based on the proposed work plan developed for the FCM MCIP Climate Change Staff Grant application. Any items that require a financial commitment shall be dealt with by the appropriate Departments as part of the annual Municipal budget process, and will be subject to final approval by Council. 3. FCM MCIP Staff Grant Initiative Application 3.1 The FCM MCIP Climate Change Staff Grants initiative provides funds to pay up to 80 percent of the salary (to a maximum of $125,000 over a 24 -month period) for a staff person who will work on initiatives to improve adaptation to local climate change impacts or reduce greenhouse gas emissions. Municipalities with a population of 150,000 or less were eligible to apply. 3.2 The Municipality's application sought the maximum funds available to support the hiring of a Climate Change Coordinator. The Climate Change Coordinator would be a fully dedicated resource to: x Lead the initiation of an integrated approach to climate change; x Facilitate cross -corporate and inter -municipal efforts for collaboration, including coordination of the inter -departmental CCWG; x Leverage the existing regional foundation for climate change action, while taking into account the local context; x Coordinate the Municipality's response to opportunities for climate change resource and technical support; and x Contribute to strengthening municipal policies and practices that support climate resilience and the reduction of greenhouse gas emissions. 3.3 On December 5, 2018, Staff received notice from FCM that the Municipality's application was successful. The total cost of the 24 -month contract (non-affiliated) Climate Change Coordinator including salary and benefits is $194,167. Discounting the maximum grant funding amount ($125,000) and $15,000 that remains in the Municipal Government Enterprise Reserve Fund associated with the Energy Audit Master Plan, the remaining cost to the Municipality is $54,200 over 2 years. 3.4 To secure the grant funding, the Municipality is required to enter into a contract agreement with FCM. This is the same process followed for other grants that the Municipality has been awarded through other FCM funding programs. Prior to contract 167 Municipality of Clarington CAO -001-19 Page 4 execution, Council approval of the Municipal operating cost expenditure is required. Staff recommend that the Municipal contribution of $54,200 for the hiring of a Climate Change Coordinator be funded from the 2019 and 2020 tax levy. 4. Concurrence This report has been reviewed by the Director of Finance/Treasurer and Acting Director of Planning Services who concur with the recommendations. 5. Conclusion Lack of staff resources is one of the biggest barriers faced by communities looking to take action on climate change. The Municipality has made great strides to protect and enhance the environment and develop a sustainable community. The establishment of a dedicated inter -departmental working group focused on climate change is a significant step taken by Council and the Municipality to further this commitment. The hiring of a Climate Change Coordinator for a 24 -month period, leveraging support provided by the FCM MCIP Climate Change Staff Grant initiative, will provide a much needed resource to strengthen the coordination and prioritization of local climate change action and excel locally addressing climate change forward. It is respectfully recommended that the Municipality's financial contribution of $54,200 for the hiring of the Climate Change Coordinator be a pre -budget approval. Submitted by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Amy Burke, Senior Planner, (905) 623-3379 ext. 2423 or aburke@clarington.net List of interested parties to be notified of Council's decision is on file in the CAO Office 21.1 Unfinished Business Excerpt of the December 10, 2018 Joint General Government and Planning and Development Committees Minutes Item 17.1 — CLD -020-18 2018 Municipal Elections Accessibility Report Resolution #JC -040-18 Moved by Councillor Traill, seconded by Councillor Anderson That Report CLD -020-18 be received for information; That a copy of Report CLD -020-18 be placed on the municipal website; That a copy of Report CLD -020-18 be forwarded to Elections Ontario, Elections Canada, and the Ministry of Municipal Affairs and Housing; That the Council of the Municipality of Clarington endorse Internet and Telephone Voting for Advance Polls and Voting Day as the preferred method of voting for the Municipality of Clarington, beginning with the 2022 Municipal Elections; and That Attachment 2 to Report CLD -006-17, the draft by-law to authorize the use of internet and telephone voting, and to repeal By-law 2013-038 (which authorizes the use of vote tabulators, special ballots, and accessible equipment for Municipal Elections), be approved. Tabled Resolution #JC -041-18 Moved by Councillor Neal, seconded by Councillor Hooper That Resolution #JC -040-18, be tabled to the General Government Committee meeting of January, 7, 2019. Carried 169 4�// VERIDIAN C O R P O R A T I O N Chief Administrative Officer Municipality of Clarington Re: Veridian Board Appointments Background 55 Taunton Road East Ajax, ON UT 3V3 Tel: 905-427-9870 Ext.: 2200 Fax: 905-619-0210 email: mangemeer@veridian.on.ca Veridian Corporation and Whitby Hydro are currently seeking approval from the Ontario Energy Board (OEB) for the amalgamation of the two organizations. It is anticipated this approval will be granted in Q1 2019 and that the new merged entity (Mergeco) will be operational by the end of Q1 2019. With the municipal elections now completed, and the end of the year approaching, we thought it timely to address the handling of director appointments for the remainder of the interim period (i.e. from now until the day that the merger closes). Current Veridian Directors UDDA9HLIGLDQ11EEQQED(13-IQHLDC0 HH\UQJ ED -G11QEl1QH I❑ shareholders passed a resolution electing the directors of Veridian Corporation for a term expiring on December 31, 2018 or until their respective successors are elected or appointed. The terms of the directors of Veridian Connections Inc. and Veridian Energy Inc. were similarly extended by a resolution in writing of Veridian Corporation, in its capacity as shareholder of the subsidiaries. The combination of the 20®mlH❑Z(GHIMBliNRGBU:RQMQGESIREURQVMI®-lEBusiness Corporations Act (Ontario) means that technically, no further action would be needed for the current directors to continue serving until closing of the merger. However, we do have director transition matters to address given that the recent municipal elections have resulted in required changes to certain shareholder nominee directors who are Elected Members. With respect to independent directors, so long as a municipal shareholder does not wish to make any immediate changes, no further action is necessary. However, there are transition matters to consider. We note that if a municipal shareholder wishes to see individuals other than its current independent directors put forward for the initial board of Mergeco, then such shareholder should consider making such change to its independent nominees now, prior to the merger taking effect. However if a change is contemplated, the Mergeco EZDIHE Rff,HlMM IHHP HQV®E1F ❑3ALH DLHE R(GHU UkHE RE G DVIAG to sign as laid out in the Merger Participation Agreement, requires that the individual must have previously served as a director of Veridian to be eligible to serve on the initial Mergeco board. The power to make your community better. Veridian Connections is a wholly�wdosidiary of Veridian Corporation It is in this light that we request you kindly provide to Veridian Corporation the confirmations described below. Note: We defer to each municipal shareholder as to whether it must pass a council resolution in respect of any of the requested confirmations, or whether any delegated authority is in place. Impact of Municipal Election The municipal election did not result in any required changes to the Clarington nominee GLL HFVRLLVH ® dim DULL IIS Q(B AO DERU)]R\AtMLHQVkA P/Et[IDSSRLQV®m DERUVO Designate, rather than continue to serve as director himself, no confirmations are required. Veridian Request for Extension for Independent Directors The Nominating committee believes that it is in the best interest of Veridian Corporation and Veridian Connections to maintain the composition of the current independent board members during the interim period as they have been deeply engaged in the merger process. The continuity of their leadership will be valuable for the Veridian companies up until the time the merger closes as well as for the immediate period following. For this reason we are requesting that Clarington extend the term of the current Clarington nominated independent directors (the Clarington Independents) until the closing of the merger or until their successors are elected or appointed. Requested Confirmation #2: Please confirm (a) that the terms of the current Clarington Independents are extended until the closing of the merger or until their successors are elected or appointed, or (b) whether any change to the current Clarington Independents is required. Please forward your confirmations to Veridian Corporation, to the attention of Tanya Laschuk at tlaschuk@veridian.on.ca. Once we have received the requested confirmations from each shareholder, we propose that the necessary resolution to confirm and elect the directors accordingly be passed by the shareholders in writing, a form of which we will provide in due course. Thank you for your consideration of this request. Regards, Michael Angemeer President and CEO cc City Clerk Adrian Foster Veridian Board Chair 171 Municipalite de ATTI E~ Municipality of COTE Sac postal / P.O. Bag 129, Mattice, Ont. POL 1TO (705) 364-6511 — Fax: (705) 364-6431 December 11th, zo18 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto, ON PSG zES Attention: Honourable Steve Clark, Minister Honourable Minister, Re: Paragraph 4 of the Declaration of Office TU Section 232 of the Municipal Act, 2001 (Ontario) provides that a person cannot take a seat on the council of a municipality until he or she takes the declaration of office on the form established by the Minister for that purpose. In its current version, the declaration of office contains a statement whereby newly elected members of Council promise and declare their faith and allegiance to the Queen. Said statement is considered by many as irrelevant to the current political state of affairs, while many others find it simply offensive. The Municipality of Mattice — Val C6te recently passed the enclosed resolution requesting that your Ministry amend paragraph 4 of the Declaration of Office in order to address these very legitimate concerns. Sincerely yours, Marc Dupuis Mayor Encl. Resolution no. 18-3.90 Municipalite dei& 4 Wwfi Municipality of COTE Sac postal / P.O. Bag 129, Mattice, Ont. POL 1T0� (705) 364-6511 — Fax: (705) 364-6431~F� Meeting no. 18-15 Resolution no. 18-i90 Date: December loth, M8 Moved by: Daniel Grenier Seconded by: Steve Brousseau WHEREAS the requirement for members of municipal Council to be faithful and to bear true allegiance to the Queen is considered by many to be outdated and representative of a different era, and; WHEREAS said requirement can go against or be contrary to an individual's culture, principles and beliefs, and; WHEREAS said requirement presents an obstacle for some individuals who would have otherwise been willing to run for Council and serve at the municipal level of government; NOW THEREFORE BE IT RESOLVED THAT the Ministry of Municipal Affairs and Housing and its Minister modify the wording of paragraph four of the Declaration of Office to make it more inclusive and representative of the times, and; BE IT FURTHER RESOLVED THAT the Ministry consider replacing paragraph four of the Declaration of Office with the following wording: "I will be faithful and bear true allegiance to my country, Canada, and to its three founding nations", and; BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to the Ministry of Municipal Affairs and Housing, to the Premier of Ontario, Doug Ford, to our provincial and federal parliament representatives, Guy Bourgouin and Carol Hughes, and to all Ontario municipalities. Carried Defeated Deferred Mayor, Marc Dupuis Presiding Officer Recorded Vote (unanimous unless indicated below) Name Yeas Neas Abstention Dupuis, Marc Brousseau, Steve Grenier, Daniel Lemay, Richard Malenfant, Joyce Certified by: �_._ _ Guylai a Coulom e, AO/Clerk -SaAAt -.- FA, } 1 1. w � - Y + _ r lip