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HomeMy WebLinkAbout03-18-2019C114rington Council Agenda Date: March 18, 2019 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers(o)_clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality's website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non -audible mode during the meeting. Copies of Reports are available at www.clarington.net aaL1IgtOIl 1. Call to Order 2. Moment of Reflection 3. Declaration of Interest 4. Announcements 5. Adoption of Minutes of Previous Meeting(s) Council Agenda Date: March 18, 2019 Time: 7:00 PM Place: Council Chambers 5.1 Council Minutes Minutes of a regular meeting of Council February 25, Page 5 2019 6. Presentations 6.1 Recognition of Community Service Staff for their Outstanding Contribution during the Courtice Complex Incident 7. Delegations There are no Delegations scheduled for this meeting as of the time of publication. 8. Communications — Receive for Information There are no Communications to be received for information as of the time of publication. 9. Communications — Direction 9.1 Town of Whitby Chris Harris, Town Clerk, Town of Whitby — Regarding A Page 28 Regional Review (Motion to refer to the consideration of Item 8 of the General Government Committee Report) Page 2 10. Committee Reports 10.1 Advisory Committee Reports Council Agenda Date: March 18, 2019 Time: 7:00 PM Place: Council Chambers 10.1.1 Affordable Minutes of the Clarington Affordable Housing Task Force Page 30 Housing Task dated November 28, 2018 Force Minutes 10.2 General General Government Committee Report of March 4, 2019 Page 33 Government Committee 10.3 Planning & Planning and Development Committee Report of Page 37 Development March 11, 2019 Committee 11. Staff Reports 11.1 Report EGD -008-19 Uplands Sales Pavilion/Parking Lot Construction Page 39 Status 11.2 Report CLD -010-19 Appointments of Independent Directors to Elixicon Page 43 Holdco Board 12. Business Arising from Procedural Notice of Motion 13. Unfinished Business 13.1 Report PSD -017-19 Cannabis Retail Stores Siting Policy [Tabled from the Link to Planning and Development Committee meeting of PSD -017-19 March 11, 20191 Page 3 14. By-laws Council Agenda Date: March 18, 2019 Time: 7:00 PM Place: Council Chambers 14.1 2019-016 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them (Item 4 of the General Government Committee Report) 14.2 2019-017 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of the General Government Committee Report) 14.3 2019-018 Being a by-law to appoint a Deputy Treasurer and to amend By-law 2001-125 (Item 6 of General Government Committee Report) 14.4 2019-019 Being a by-law to appoint a Deputy Clerk and to repeal By-law 89-23 (Item 6 of the General Government Committee Report) 15. Procedural Notices of Motion 16. Other Business 17. Confirming By -Law 18. Adjournment Page 4 Clariiw-n Council Minutes February 25, 2019 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Minutes of a regular meeting of Council held on February 25, 2019, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, T. Cannella, J. Caruana, F. Horvath, F. Langmaid, M. Marano, R. Maciver, T. Pinn, M. Seaman, G. Weir, A. Greentree, M. Chambers 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Traill led the meeting in a moment of reflection. Suspend the Rules Resolution #C-051-19 Moved by Councillor Neal, seconded by Councillor Traill That Section 4.4.1 of the Rules of Procedure be suspended to allow Councillor Neal to move positions within the Council Ring. Carried 3 Declaration of Interest Councillor Jones declared an interest in the Special General Government Committee Report of February 19, regarding 2019 Budget funding request from the Bowmanville Hospital Foundation. 4 Announcements Members of Council announced upcoming community events and matters of community interest. - 1 - Clar-in on Council gtMinutes February 25, 2019 5 Adoption of Minutes of Previous Meeting Resolution #C-052-19 Moved by Councillor Traill seconded by Councillor Zwart That the minutes of the regular meeting of the Council held on February 4, 2019, be approved. Carried Suspend the Rules Resolution #C-053-19 Moved by Councillor Hooper, seconded by Councillor Traill That the Rules of Procedure be suspended to refer Agenda Item 13.2 regarding the contributions for future hiring of full time fire fighters to the consideration of Agenda Item 10.3, Special General Government Committee Report of February 19, 2019 (being the 2019 Budget). Carried 6 Presentations 6.1 Peter Spratt, Baker Tilly KDN Consulting Inc., Confidential Presentation Regarding Report CLD -009-19 Appointments to Veridian Closed Session Resolution #C-054-19 Moved by Councillor Anderson seconded by Councillor Neal That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 7:35 PM with Mayor Foster in the Chair. Mayor Foster advised that one item was discussed in "closed" session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. -2- A• Clarington Council Minutes February 25, 2019 Suspend the Rules Resolution #C-055-19 Moved by Councillor Neal seconded by Councillor Hooper That the Agenda be altered to consider Item 11. 1, Report CLD -009-19, Appointments to the Veridian Board, at this time. Carried 11.1 CLD -009-19 Appointments to the Veridian Board Resolution #C-056-19 Moved by Councillor Neal, seconded by Councillor Jones That Report CLD -009-19 be received; That the Committee consider all 17 applications for appointment as the non -elected member to the Veridian Board and for the recommended nominee to the Veridian Connections Inc. Board, in accordance with the Appointment to Boards and Committees Policy until such time as the new Merged Holdco is formed; That a vote be conducted in accordance with the Appointment to Boards and Committees Policy; and That all interested parties listed in Report CLD -009-19 and any delegations be advised of Council's decision. Motion Lost Resolution #C-057-19 Moved by Councillor Neal, seconded by Councillor Jones That Report CLD -009-19 be received; That the Committee consider the 8 applicants who were interviewed for appointment as the non -elected member to the Veridian Board and for the recommended nominee to the Veridian Connections Inc. Board, in accordance with the Appointment to Boards and Committees Policy until such time as the new Merged Holdco is formed; That a vote be conducted in accordance with the Appointment to Boards and Committees Policy; That all interested parties listed in Report CLD -009-19 and any delegations be advised of Council's decision. Carried -3- Clarington Veridian Board Appointment Council Minutes February 25, 2019 The following nomination of appointment was made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy for the Veridian Board until such time as the new Merged Holdco board (Elexicon) is formed. x Karen Fisher Veridian Connections Inc. Board Appointment The following nomination of appointment was made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy for the Veridian Connections Inc. Board until such time as the new Merged Holdco board (Elexicon) is formed. x Brian Mountford 7 Delegations 7.1 Jennifer Savini, Templeman LLP, Report PSD -015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe (Item 6 of the Planning and Development Committee Report) Jennifer Savini, Templeman, LLP, was present regarding Report PSD -015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe. Ms. Savini explained that her client owns property in Hampton which is subject to rounding out of hamlets as approved through the Clarington Official Plan Amendment 107 (OPA 107). She noted that the approved rounding out of the Hampton hamlet will potentially be impacted by the 2017 Growth Plan changes which came into effect after the adoption of OPA 107. Ms. Savini advised the Members of Council that the Province is allowing for submissions on the proposed changes to Transition Regulation O. Reg 311/06 which would include any specific planning matters that should be addressed. She added that this can include any Official Plan Amendments that have been adopted or are under appeal. Ms. Savini continued by asking the Municipality of Clarington to make a submission to the Province requesting that Section 12.4.6 of OPA 107 be grandfathered as it was approved prior to the effective date of the 2017 Growth Plan. She further requested that the Municipality of Clarington provide a submission requesting that the minor rounding of hamlet boundaries be determined at a local level. Ms. Savini concluded by asking Council to consider their request, and if approved, for it to be submitted to the Province by February 28, 2019. Ms. Savini answered questions from the Members of Council. 93 Clar-in o n Council Minutes February 25, 2019 7.2 Rick Rondeau, Fourteen Estates, Report PSD-015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe (Item 6 of the Planning and Development Committee Report) Rick Rondeau, Fourteen Estates, was present regarding Report PSD-015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe. He explained that he is a property owner in Hampton. Mr. Rondeau advised the Members of Council that prior to the approval of OPA 107 there was public consultation and studies completed for the rounding out of hamlets. He supports the rounding out of the hamlets for his property and the six others hamlets included. Mr. Rondeau advised that Report PSD-015-19 is silent on the rounding out of hamlets. He continued by asking the Municipality of Clarington to provide comments to the Province as requested by the previous speaker, Jennifer Savini. Mr. Rondeau answered questions from the Members of Council. Suspend the Rules Resolution #C-058-19 Moved by Councillor Neal, seconded by Councillor Anderson That the Rules of Procedure be suspended to add Carolyn Molinari as a delegation regarding Report PSD -015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe. Carried Carolyn Molinari, CM Planning Inc., was present regarding Report PSD -015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe. She advised that she would like to provide clarification of the minor rounding out of hamlets. Ms. Molinari explained that the rounding out was approved as part of OPA 107 and the Region of Durham deferred the rounding out pending further studies. She requested that Council request the rounding out be exempt from the policies in the 2017 Growth Plan as OPA 107 was approved prior to its enactment and, that the rounding out of hamlet boundaries be determined at the local level. Ms Molinari concluded by asking the Municipality of Clarington to include these requests with their submission to the Province. She answered questions from the Members of Council. 8 Communications — Receive for Information There were no communications to be received for information. -5- E Clarington Council Minutes February 25, 2019 9 Communications — Direction 9.1 Jennifer Savini, Templeman LLP, Report PSD -015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe (Item 6 of the Planning and Development Committee Report) Resolution #C-059-19 Moved by Councillor Hooper, seconded by Councillor Neal That correspondence Item 9. 1, regarding Report PSD -015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe, be referred to the consideration of Report PSD 015-19 (Item 6 of the Planning and Development Committee Report). Carried Suspend the Rules Resolution #C-060-19 Moved by Councillor Neal, seconded by Councillor Anderson That the Rules of Procedure be suspended to alter the Agenda to consider Report PSD -015-19, Proposed Changes to the Growth Plan for the Greater Golden Horseshoe, at this time. Carried Item 6 - Report PSD -015-19 - Proposed Changes to the Growth Plan for the Greater Golden Horseshoe Resolution #C-061-19 Moved by Councillor Neal seconded by Councillor Zwart That Report PSD -015-19 be endorsed; That the proposed changes to the Growth Plan for the Greater Golden Horseshoe are generally supported. However, the following recommendations and the comments contained in Report PSD -015-19 be endorsed as Clarington's formal submission to the Ministry of Municipal Affairs and Housing: x The proposed Provincially Significant Employment Zones be removed from the area identified as the Courtice Major Transit Station Area as shown in Attachment 2 x Provincially Significant Employment Zones be added to the lands between Courtice Road and Highway 418, south of Bloor Street as shown in Attachment 2; M 10 Clarington- Council Minutes February 25, 2019 x The proposed Provincially Significant Employment Zones be removed from the areas where they overlap with the Southeast Courtice Secondary Plan and the Southwest Courtice Secondary Plan areas as shown in Attachment 2; x The lands between Durham Highway 2 and Bloor Street, east of Courtice Road to the future Highway 418 be added as employment area to the Courtice urban area; and x The long-term goal of net -zero communities be maintained as a guiding principle of the Growth Plan. That a copy of Report PSD -015-19, be forwarded to the Ministry of Municipal Affairs and Housing, Metrolinx, the Durham Regional Planning and Economic Development Department and any interested parties. Carried as Amended Later in the meeting (See following motions) Recess Resolution #C-062-19 Moved by Councillor Neal, seconded by Councillor Hooper That Council recess for five minutes. Carried The meeting reconvened at 8:41 PM. Suspend the Rules Resolution #C-063-19 Moved by Councillor Neal, seconded by Councillor Anderson That the Rules of Procedure be suspended to allow Members of Council to speak to the matter of the foregoing Resolution #C-061-19 a second time. Carried -7- 11 Clarington Council Minutes February 25, 2019 Resolution #C-064-19 Moved by Councillor Neal, seconded by Councillor Anderson That the foregoing Resolution #C-061-18 be amended by adding the following paragraph: "That Staff make written submission to the Ministry of Municipal Affairs and Housing, through a letter separate from the submission to the Ministry of Municipal Affairs and Housing as outlined in Report PSD -015-19, in support of the minor rounding out of hamlet boundaries subject to policies and schedules adopted in OPA 107." Carried The foregoing Resolution #C-061-19 was then put to a vote and carried as amended. Suspend the Rules Resolution #C-065-19 Moved by Councillor Traill, seconded by Councillor Anderson That the Rules of Procedure be suspended to alter the Agenda to consider Capital Project 32-330-19107 — Whistle Cessation Study, at this time. Carried Resolution #C-066-19 Moved by Councillor Traill, seconded by Councillor Anderson That Capital Project 32-330-19107 — Whistle Cessation Study, in the amount up to $150,000, be drawn from the Tax Rate Stabilization Reserve Fund to proceed to the next step, as per the 2018 study, for night time Whistle Cessation at Bennet Road and Cobbledick Road. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Councillor Neal X Mayor Foster X 12 Clarington 10 Committee Reports Council Minutes February 25, 2019 10.1.1 Newcastle Minutes of the Newcastle Arena Board dated March 13, April 10, Arena Minutes June 12, August 14, September 11, 2018, January 8, 2019 and February 12, 2019 10.1.2 Bowmanville Santa Claus Parade Minutes 10.1.3 Agricultural Advisory Committee Minutes 10.1.4 Heritage Committee Minutes Resolution #C-067-19 Minutes of the Bowmanville Santa Claus Parade dated September 11, September 25, October 9, and October 23, 2018 Minutes of the Agricultural Advisory Committee dated February 14, 2019 Minutes of the Heritage Committee dated February 19, 2019 Moved by Councillor Anderson, seconded by Councillor Neal That Advisory Committee Report Items 10.1.1 and 10.1.4, be approved. Carried 10.2 General Government Committee Report of February 11, 2019 Resolution #C-068-19 Moved by Councillor Zwart, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of February 11, 2019, be approved, on consent, with the exception of items #3 and #4. Carried Item 3 — Bill 68 Implementation Requirements Resolution #C-069-19 Moved by Councillor Neal seconded by Councillor Anderson That Report CLD -004-19 be received; That the By-law attached to Report CLD -004-19 as Attachment 1, amending Section 7 of the Council Code of Conduct to include provisions regarding Harassment, be approved; -9- 13 Clartw � Council Minutes February 25, 2019 That the By-law attached to Report CLD -004-19, as Attachment 3, authorizing the Mayor and Clerk to execute an agreement amending the agreement with Fasken Martineau regarding the details of the appointment of Guy Giorno as Clarington's Integrity Commissioner, be approved; That the Council -Staff Relations Policy, Attachment 4 to Report CLD -004-19, be approved; That the Policy for Pregnancy/Parental Leaves for Members of Council, Attachment 5 to Report CLD -004-19, be approved; That the By-law attached to Report CLD -004-19, as Attachment 6, amending the Procedural By-law Section 7.2.1, be approved; and That all interested parties listed in Report CLD -004-19 and any delegations be advised of Council's decision. Carried Item 0. —Tourism Advisory Committee Resolution #C-070-19 Moved by Councillor Hooper, seconded by Councillor Traill Whereas during the General Government Committee Meeting of February 11, 2019, Kristyn Chambers was recommended for appointment to the Tourism Advisory Committee; And Whereas Kristyn Chambers applied, not as a citizen appointment, but rather as a representative of Durham Tourism; And Whereas Council deems it valuable to include a representative of Durham Tourism on Clarington's Tourism Advisory Committee; Now therefore be it resolved, That the Terms of Reference, Committee Composition section, for the Clarington Tourism Advisory Committee be amended to include a non-voting member of Durham Tourism — to be determined by the Manager of Durham Tourism; and Clarington Council Minutes February 25, 2019 That the following citizen and Council appointments, as determined in accordance with the Appointment to Boards and Committees Policy, be approved for the four-year term ending December 31, 2022 or until a successor is appointed, unless otherwise stated: Paulina Alamo Fred Archibald Ann -Marie Harley Douglas Morgan Petra Schwirtz Amy Closter Evan King Erin Senior Councillor Hooper Carried 10.3 Special General Government Committee Reports of February 15 and February 19, 2019 Item 1 - Operating and Capital Budget Resolution #C-071-19 Moved by Councillor Jones, seconded by Councillor Hooper That Report FND-004-19 be received; That Council approve the 2019 Operating Budget "Base Level Requirements" as outlined in Attachment #1 to Report FND-004-19, at an estimated tax levy impact of 0.18% (exclusive of tax policy impacts), as directed in Report FND-001-18 with the following amendments: a. That Capital Project 42-421-19503, CCC Pool Locker Replacement, in the amount of $40,000, be deleted; b. That Capital Project 42-421-15516, Fitness Equipment Replacement, be reduced by $25,000 to $33,000; c. That the budget amount in object code 7506 (Furniture & Fixtures) be reduced by 50% in each cost centre, for a total overall reduction of $19,961; d. That Account 100-16-162-00000-7412 Info Tech — Trsf to RF for IT Hardware, be reduced by $100,000 to $0; e. That Capital Project 16-162-07200, Computer Software, be reduced by $200,000 being the 2019 Municipal Tax Levy contribution portion; -11- 15 Clariiw-n Council Minutes February 25, 2019 f. The Capital Project 42-421-17701, Fac Admin - Furnishings & Equipment (Display Cabinet), in the amount of $15,000, be deleted; g. That Account 100-50-130-10529-7160, OP Review Consulting, be reduced by $60,000 to $100,000, and the corresponding transfer from the DC General Government Reserve Fund be reduced by $54,000; h. That Account 100-32-130-00000-7160, Eng Admin - Consulting, be reduced by $75,000 to $25,000; That Council approve the 2019 Capital Budget "Service Level Changes" as outlined in Attachment #1 to Report FND-004-19, at an estimated tax levy impact of 1.64% with the following amendments: a. That $130,000 be drawn from the Parks / Facilities Maintenance Reserve Fund to fund the additional service level increase to playground equipment upgrades on Attachment #1 to Report FND-004-19; b. That $207,000 be drawn from reserve funds, to be determined by the Director of Finance, to fund the Municipal portion of the Orono Town Hall upgrades identified as a service level increase on Attachment #1 to Report FND-004-19; c. That Capital Project - Council Chambers Upgrades (Item 12.6 of Report FND- 004-19) and as noted on Attachment #1 of Report FND-004-19 in the amount of $70,000, be deleted; d. That proposed service level increase of $25,000 for emergency clean up (Item 12.8 of Report FND-004-19) and as noted on Attachment #1 of Report FND-004- 19, be deleted; f. That the Engineering Services Department position of Full Time Development and Utility Technician (annual compensation of $86,765), be deleted; g. That Account 100-36-370-10115-7412 Bldg Services — Trsf to RF, be reduced by $25,000 to $303,000; h. That Account 100-42-130-10085-7412 Comm Sery Admin — Trsf to RF, be reduced by $25,000 to $434,200; That Account 100-36-388-40690-7412 Fleet OVHD — Trsf to RF, be reduced by $25,000 to $134,500; -12- 16 Clar-in o n Council Minutes February 25, 2019 That Council approve the 2019 Operating and Capital Budget "External Agency" as outlined in Attachment #1 to Report FND-004-19, at an estimated tax levy impact of 0.50% with the following amendments: a. That Capital Project 62-440-15001, Library Studies, in the amount of $50,000, be deleted, as it relates to a planned 2020 project and it was included as a 2019 Capital Project in error; b. That the Capital Budget Project 62-440-17007, Library Refurbishment, be amended to reduce the overall cost of the Bowmanville Branch Refurbishment from $2,050,000 to $1,300,000; That the scope of the refurbishment only include that which is necessary for accessibility purposes; That the Library Board be asked to report back on the proposed plans; and That the funds be drawn from the Library Capital Reserve Fund. c. That the request from Hope of Durham as noted in Item 6.4 and Attachment #1 of Report FND-004-19, in the amount of $5,000, be deleted; d. That the funding increase request from the Clarington Public Library, be capped at 2% ($61,541); e. That the funding request from the Clarington Museums and Archives Board, be approved; That Council commit $5,000,000 from the Strategic Capital Reserve Fund to be used to contribute to the expansion of the Bowmanville Hospital to be paid upon completion of the expansion; and [This matter was pulled and voted on separately later in the meeting — see Resolution #C-079-19.] That the contribution of $250,000 to a reserve fund for Lakeridge Health, be deleted as noted in Attachment #1 of Report FND-004-19; That the external agencies, referred to in Attachment #1, be advised of Council's decision regarding their grant requests and be thanked for their delegations on February 15, 2019, as appropriate; That Reserve and Reserve Fund contributions and new Reserve / Reserve Funds be approved as shown in the 2019 Draft Budget binder with the following amendments: a. That up to $190,000 in the Community Improvement Plan Reserve Fund balance, be allocated to the Gatehouse Parkette and Moyse Parkette improvements; [This matter was pulled and voted on separately later in the meeting — see Resolution #C-074-19.1 -13- 17 Clarington- Council Minutes February 25, 2019 b. That approximately 25% ($12,642) of the contract cost of the Planning Services Department position of a Contract Planner II — Development Review — Zoning By-law Update, be funded from the Building Inspection Reserve Fund; That the financing of capital projects, as outlined in the attached documents be approved, with the following amendments; a. That Capital Project 19-191-19002, Sign for Trulls Road, in the amount of $55,000, be deleted; b. That the purchase of 2 single axle combination plows in the amount of $240,000 each as identified in the description of Capital Project 36-388-10150, Fleet New — Roads, be deferred until staff review and report back on the option of contracting out of services for several snow plow routes; That any cash flow shortfall in the Development Charges Reserve Funds be interim financed from the Municipal Capital Works Reserve Fund and General Municipal Reserve Fund, to be repaid with interest as cash flow permits; That Report FND-004-19 be adopted by resolution in accordance with provisions of Ontario Regulation 284/09 of the Municipal Act, 2001; and That the appropriate By-laws to levy the 2019 tax requirement for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available; That the proceeds from the Mayor's Golf Tournament be directed as follows: 2019 — Mayor's bursary for post -secondary education for students pursuing studies in agriculture, forestry or environmental sciences 2020 — Community Care Durham 2021 — Clarington Hospice 2022 — Bowmanville Hospital Foundation That Staff consult with the Clarington Museum and Archives, Visual Arts, and Library Boards, regarding the possibility of operating under a single board, and report back to the General Government Committee, prior to summer recess. Carried as amended Later in the meeting (See following motions) Capital Project 32-330-19107 — Whistle Cessation Study, was considered earlier in the meeting. Councillor Jones declared an interest in the request from the Bowmanville Hospital Foundation as she is an employee of Lakeridge Health. Councillor Jones left the room and refrained from discussion and voting on this matter. -14- W Clariiw-n Resolution #C-072-19 Moved by Councillor Neal, seconded by Councillor Anderson Council Minutes February 25, 2019 That Council commit $5,000,000 from the Strategic Capital Reserve Fund to be used to contribute to the expansion of the Bowmanville Hospital to be paid upon completion of the expansion; and That the contribution of $250,000 to a reserve fund for Lakeridge Health, be deleted as noted in Attachment #1 of Report FND-004-19; Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Anderson X X Councillor Zwart Councillor Hooper X Councillor Anderson X Councillor Jones X X Councillor Neal X X Councillor Traill X Councillor Zwart X Mayor Foster X Councillor Jones returned to the meeting. Earlier in the meeting Mayor Foster advised Members of Council that at the time that Lakeridge Health makes their announcement of the Municipality of Clarington's financial commitment, he, on behalf of the Municipality of Clarington, will be entering into a Memorandum of Understanding for the $5 million commitment to the hospital. Resolution #C-073-19 Moved by Councillor Hooper, seconded by Councillor Zwart That up to $190,000 in the Community Improvement Plan Reserve Fund balance, be allocated to the Gatehouse Parkette and Moyse Parkette improvements, be deleted. Lost on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X -15- 19 Clarington Resolution #C-074-19 Moved by Councillor Neal, seconded by Councillor Jones Council Minutes February 25, 2019 That up to $190,000 in the Community Improvement Plan Reserve Fund balance, be allocated to the Gatehouse Parkette and Moyse Parkette improvements. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Recess Resolution #C-075-19 Moved by Councillor Neal, seconded by Councillor Traill That Council recess for five minutes. Carried The meeting reconvened at 9:38 PM. Resolution #C-076-19 Moved by Councillor Zwart, seconded by Councillor Hooper That Account 100-50-130-10529-7160, OP Review Consulting, be reduced by $60,000 to $100,000, and the corresponding transfer from the DC General Government Reserve Fund be reduced by $54,000, be deleted. Carried Resolution #C-077-19 Moved by Councillor Traill seconded by Councillor Traill That Account 100-36-380-10245-7163 Catch Basin Sewer Mtnce - Con, be reduced by $105,000 to $169,500; and That the proposed increase of $105,000, be deferred to the 2020 Budget. Carried -16- 20 Clariiw-n Resolution #C-078-19 Moved by Councillor Neal, seconded by Councillor Traill Council Minutes February 25, 2019 That the Staffing requests be divided from the 2019 Budget and all current and future staffing requests be funded through an annualized funding envelope in the amount of $350,000; That the Climate Change Coordinator and Policy Analyst Positions be included in this funding envelope for 2019; and That that this funding envelope be exclusive of staffing requests for full time fire fighters. Motion Lost Resolution #C-079-19 Moved by Councillor Neal, seconded by Councillor Jones That Capital Project 32-330-17113 George Reynolds Drive Extension, in the amount of $2,350,000, be deferred to the 2020 Budget. Lost on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Anderson X Councillor Hooper X Councillor Jones X Councillor Neal X Councillor Traill X Councillor Zwart X Mayor Foster X Resolution #C-080-19 Moved by Councillor Neal, seconded by Councillor Anderson That Account 100-36-380-10250-7163 Pavement Resurf — Contract, be further increased by $35,000, for a total increase of $55,500 to $160,000; with $100,000 being allocated to crack sealing. Carried -17- 21 Clarington Council Minutes February 25, 2019 Resolution #C-081-19 Moved by Councillor Neal, seconded by Councillor Jones That Account 100-10-108-00020-7201 Council Ward 1 — Conferences, be reduced by $1,500 to $0; and That Account 100-10-107-00024-7201 Reg. Councillor Ward 1 &2 — Conferences be reduced by $1,500 to $0. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Resolution #C-082-19 Moved by Councillor Neal, seconded by Councillor Traill That the matter of the allocation of proceeds from the Mayor's Golf Tournament be referred to the March 4, 2019 General Government Committee meeting. Motion Lost Councillor Neal chaired this portion of the meeting. 22 Clariiw-n Council Minutes February 25, 2019 Resolution #C-083-19 Moved by Councillor Traill, seconded by Mayor Foster That the matter of contributions for future hiring of full time fire fighters be lifted from the table; and That the contribution to the Future Staffing Reserve Fund for future fire fighters, in the amount of $250,000, be approved. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Interest Councillor Traill X Councillor Traill Councillor Zwart X Councillor Anderson X X Councillor Hooper X Councillor Jones X X Councillor Neal X Mayor Foster X Mayor Foster assumed the chair. The foregoing Resolution C-071-19, was then carried as amended on the following recorded vote, thus resulting in an estimated tax levy impact of: 0.16% for "Base Level Requirements", 1.54% for "Service Level Changes", and 0.50% for "External Agencies" Council Member Yes No Declaration of Interest Absent Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Declaration noted for the Lakeridge Health Funding Request Councillor Neal X Mayor Foster X -19- 23 Clar-ington- Council Minutes February 25, 2019 10.4 Planning & Development Committee Report of February 19, 2019 Resolution #C-084-19 Moved by Councillor Neal, seconded by Councillor Anderson That the recommendations contained in the Planning & Development Committee Report of February 19, 2019 be approved, on consent, with the exception of item #6 which was considered earlier in the meeting. Carried 11 Staff Reports 11.2 Report CLD -009-19 — Appointments to Veridian Board Report CLD -009-19 was considered earlier in the meeting. 12 Business Arising from Procedural Notice of Motion None 13 Unfinished Business 13.1 Newcastle Village Community Hall Board Appointment [Tabled from the February 11, 2019 Special General Government Committee Meeting] Resolution #C-085-19 Moved by Councillor Zwart, seconded by Councillor Anderson That the Newcastle Village Community Hall Board Appointments be lifted from the table. Carried Resolution #C-086-19 Moved by Councillor Zwart, seconded by Councillor Anderson That the Sierd Dejong and Robert Malone be appointed to the Newcastle Village Community Hall Board for a term ending December 31, 2020 or until a successor is appointed; and That the Municipal Clerk's Department be authorized to advertise for the remaining vacancy. Carried -20- 24 Clarington Council Minutes February 25, 2019 13.2 The matter of contributions for future hiring of full time fire fighters [Tabled from the February 19, 2019 Special General Government Committee Meeting] The matter of contributions for future hiring of full time fire fighters was considered earlier in the meeting. 14 By-laws Resolution #C-087-19 Moved by Councillor Hooper, seconded by Councillor Jones That leave be granted to introduce By-laws 2019-009 to 2019-014 14.2 2019-009 Being a by-law to amend the By-law 2017-020, which establishes the Code of Conduct for Members of Council. (Item 3 of the General Government Committee Report) 14.3 2019-010 Being a Being a By-law to appoint an Integrity Commissioner for the Municipality of Clarington (Item 3 of the General Government Committee Report) 14.4 2019-011 Being a Being a By-law to amend the Procedural By-law, 2015-029 (Item 3 of the General Government Committee Report) 14.5 2019-012 Being a By-law to amend the Purchasing By-law (Approved at the February 4, 2019 Council Meeting) 14.6 2019-013 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 3 of the Planning and Development Committee Report) 14.7 2019-014 Being a By-law to exempt a certain portion of Registered Plan 40M-2615 from Part Lot Control That the said by-laws be approved. Carried 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. -21 - 25 Clarington 16 Other Business Suspend the Rules Resolution #C-088-19 Moved by Councillor Neal, seconded by Councillor Jones Council Minutes February 25, 2019 That the Rules of Procedure be suspended to allow Councillor Neal to introduce a new Resolution. Carried Resolution #C-089-19 Moved by Councillor Neal, seconded by Councillor Jones That Staff be requested to provide a Report to the March 18, 2019 Council meeting providing an update on the Uplands Sales Pavilion parking lot in Courtice. Carried Councillor Zwart enquired if Staff are able to track the origin of the respondents to the Strategic Plan survey. She requested that hard copies also be made available. Councillor Hooper enquired what the outreach plan is for the Strategic Plan Survey. Resolution #C-090-19 Moved by Councillor Zwart, seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting to 11:05 PM. Carried 17 Confirming By -Law Resolution #C-091-19 Moved by Councillor Hooper, seconded by Councillor Jones That leave be granted to introduce By-law 2019-015, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of February, 2019; and That the said by-law be approved. Carried -22- 26 Clariiw-n 18 Adjournment Resolution #C-092-19 Moved by Councillor Neal, seconded by Councillor Traill That the meeting adjourn at 11:04 PM. Mayor Carried -23- 27 Municipal Clerk Council Minutes February 25, 2019 Town of Whitby Office of the Town Clerk 575 Rossland Road East, Whitby, ON L1 N 2M8 www.whitby.ca March 8, 2019 Michael Fenn, Special Advisor Appointed by the Province michael.fenn(a)ontario.ca Ken Seiling, Special Advisor Appointed by the Province ken. seiling(aD_ontario.ca Re: Regional Review Please be advised that at a meeting held on March 4, 2019 the Council of the Town of Whitby adopted the following as Resolution #94-19: Whereas, the Government of Ontario has announced a review of Ontario's eight regional municipalities, the County of Simcoe, and their lower -tier municipalities by appointed Special Advisors; Whereas, the provincially appointed advisory body will develop recommendations for the Minister for the purpose of improving governance, decision-making and service delivery in the regions and Simcoe County and their lower -tier municipalities; Whereas, the Association of Municipalities of Ontario informed its members that last August, the Minister of Municipal Affairs and Housing began informal discussions, wishing to hear from people about how this system of governance is working recognizing it was established in the 1970s; Whereas, the provincially appointed advisory body has included in the review consideration of moving to single -tier municipalities or amalgamating existing municipalities; and, Whereas, neither the provincial review nor amalgamation was ever discussed during the recent provincial election by the Premier or our local Members of Provincial Parliament; Whereas, 73 percent of residents are satisfied with the customer service they receive from the Town of Whitby; Whereas 91 percent of Whitby residents indicate that the quality of life in Whitby is either good or excellent; Whereas the Town of Whitby has a history of finding efficiencies and savings while enhancing programs, services and facilities; WY__7 Whereas the Town of Whitby has contributed to Durham Region's AAA credit rating; and, Whereas Whitby is recognized as one of Canada's best places to live. Now Therefore be it Resolved 1. THAT the Council of the Town of Whitby endorses the current effectiveness of our two-tier municipal government as it has evolved on mutual agreement with our partner lower -tier municipalities since its foundation in 1974; 2. THAT the residents of Whitby value their choices, voices and diversity of representation and residents should have their say before any change in municipal representation, or possible merger with other municipalities; 3. THAT Mayors and Councils be provided the opportunity to have their say before any change to municipal representation is made; and, 4. THAT this resolution be forwarded to the Special Advisors appointed by the Province, Durham Region municipalities, the Association of Municipalities of Ontario, the Minister of Municipal Affairs and Housing and made publicly available. Should you require further information, please do not hesitate to contact Office of the Town Clerk at 905-430-4315. aisp r Harris Town Clerk Copy: Association of Municipalities of Ontario 200 University Ave. Suite 801 Toronto ON M5H 3C6 Honourable Steve Clark, Minister of Municipal Affairs and Housing 777 Bay Street, 17th Floor, Toronto, ON M5G 2E5 clerk(a)durham.ca alexander. harras(aD_ajax.ca tgettinby(c_townshipofbrock. ca clerks(c),clarington.net clerks(cD.oshawa.ca clerks(cD_pickerinq.ca jnewrnam( scu oc oq.ca dleroux(d,)town.uxbridge. on. ca 29 Page 2 of 2 Affordable Housing Task Force Monday, November 23, 2018 at 10:00 a.m. Municipal Administrative Centre, 40 Temperance Street, Bowmanville Meeting Room 1A ATTENDEES: Mayor Adrian Foster, Municipality of Clarington (attended until 10:53 a.m.) Councillor Wendy Partner, Municipality of Clarington Councillor Ron Hooper, Municipality of Clarington Milt Dakin, Forestree Place (attended until 11:00 a.m.) Joyce Kufta, Parkview Lodge Charlie Trim, Parkview Lodge Bob Malone, Newcastle & Bond Head Ratepayers Association (attended until 11:10 a.m Carlo Pellarin, Manager, Development Review Branch, Municipality of Clarington Jeannette Whynot, Accessibility Coordinator, Municipality of Clarington Heather Keyzers, Community Coordinator, Municipality of Clarington REGRETS: Councillor Corinna Traill, Municipality of Clarington Alan Robins, Acting Director, Housing Services Division, Region of Durham Selena Blake, DAFRS Anthony Adrien, CMHC Henry Wildeboer, Former Pastor Trevor Pinn, Deputy Treasurer, Municipality of Clarington CALL TO ORDER Councillor Partner thanked everyone for attending and called the meeting to order. Councillor Partner welcomed back Jeannette Whynot from her maternity leave and asked everyone to re -introduce themselves. APPROVAL OF MINUTES Moved by Joyce Kufta, seconded by Charlie Trim THAT the minutes dated September 17, 2018, be approved. "CARRIED" UPDATE ON REGION'S NATIONAL HOUSING DAY Heather Keyzers provided an update to Committee Members on the Region's National Housing Day she attended along with Andy Allison, Chief Administrative Officer. She 30 Affordable Housing Task Force November 23, 2018 circulated a copy of the Community Development Council Durham & Durham Mental Health Services' Report entitled "Durham 2018 Pit Count Report. Measuring the Scope and Nature of Homelessness in Durham". Mayor Foster asked if Heather could confirm the percentage quoted (10%) of homeless people within the Municipality of Clarington. Mayor Foster recalls that last year we were at 0% homelessness in our Municipality. Mayor Foster asked if Heather could contact Tim Neeb, President of Mahogany Management to confirm the application process to obtaining housing at his project which is being built on Highway 57 in Bowmanville. UPDATE ON PARKVIEW LODGE Joyce Kufta advised that things are looking positive for Parkview Lodge. The $2.6 million RFP has been recommended by the Region to the Province. Parkview Lodge has also applied to receive CMHC Co -Funding which they are currently at the second phase of the approval process. This would include a $3.2 million low interest loan and $1.24 million in grants. She is hoping that everything will be in place by 2019. Joyce thanked the Planning Department for assisting and granting them extra meeting time. She noted that the Board began discussion of the expansion process three years ago. The expansion will be a 37 unit building connected to the old building. 8 units will be fully accessible. RGI will need to be negotiated with the Region of Durham. Question by Milt Dakin — What is the estimate cost for the 37 units? Joyce advised that the estimated cost is $10 million. Mayor Foster advised Joyce that if the Board needed anything to please ask. WHERE DO WE GO FROM HERE Charlie Trim noted that the Committee should continue to proceed in the direction that we are heading and focus on Clarington. Perhaps Building Permit rules should be changed to limit properties with large acreage (i.e. Estate Homes). Emphasis on up not out. Joyce Kufta stated that we need to change resident's mindset regarding high density. Density is not bad. We need to house people without eliminating all of our farmland. Councillor Partner noted that she always believed that the Rona Site would be a great place to build affordable housing. K 31 Affordable Housing Task Force November 23, 2018 Councillor Hooper stated that we should work more with the developers that are truly passionate about building affordable housing. Bob Malone believes that the Committee should have a more precise focus. When this Committee was established the focus was on affordable rental housing. The Committee needs to change the get in, get out theory of developers. Carlo Pellarin stated that the Development Charges By-law will be review in 2019 and the municipality could provide incentives. OTHER BUSINESS Charlie Trim thanked Milt for the Forestree Place tour which occurred on September 17. He noted that he was impressed with the cleanliness of the facility and how close it was to amenities. Charlie suggested that we invited the new Members of Council to attend our meetings to educate and engaged them. Question by Councillor Partner — are there any plans for Forestree Place to expand or build another facility? Milt stated that the Committee will be discussing future plans in January 2019. Carlo advised that he will be attending a meeting on Thursday, November 29 with the University of Waterloo's students to hear their findings on the Tiny Homes Case Study. He will provide Committee Members with an update. Bob thanked Councillor Partner for chairing this Committee and hoped that she would continue to contribute and hopefully continue to sit as a Member in the future. Councillor Partner thanked everyone for their contributions and being a part of this Task Force and let the Task Force know of her intent to remain committed to the Task Force and would be continuing on. NEXT MEETING Date to be determined. ADJOURNMENT Moved by Councillor Hooper, seconded by Joyce Kufta THAT the meet adjourned at 11:25 a.m. "CARRIED" 3 32 � -N n I # I1' 11 General Government Committee Report to Council Report to Council Meeting of March 18, 2019 Subject: General Government Committee Meeting of Monday, March 4, 2019 Recommendations: 1. Receive for Information (a) 8.1 Minutes of the Tyrone Community Hall Board dated January 16, 2019 (b) 8.2 Minutes of the Newcastle Business Improvement Area dated February 14, 2019 (c) 8.3 Gary Cole, The West Beach Association, Regarding Annual Update (d) EGD -006-19 Building Activity Update January 1 to December 31, 2018 (e) OPD -002-19 Pitch In Week and 2019 Waste Events (f) FND-006-19 Annual Leasing Report — 2018 (g) CAO -003-19 A year in review, Tourism 2018 Update 2. Ramesh Jagannathan, Director, Transportation and Field Services and Amanda Spencer, Project Manager, Road Safety and Data Management Group, Regarding Region of Durham Transportation Priorities in Clarington That the delegation of Ramesh Jagannathan Director, Transportation and Field Services and Amanda Spencer, Project Manager, Road Safety and Data Management Group, regarding Region of Durham Transportation Priorities in Clarington, be received with thanks. 3. Teresa Shaver, Executive Director, Business Advisory Centre Durham, Regarding the Support and Programming Offered by the Business Advisory Centre Durham That the delegation of Teresa Shaver, Executive Director, Business Advisory Centre Durham, regarding the Support and Programming Offered by the Business Advisory Centre Durham, be received with thanks. Page 1 33 � -N n I N I1' ITI General Government Committee Report to Council 4• Mallory Heights Subdivision Phase 1A, Courtice, Plan 40M-2528 (Part of) 'Certificate of Acceptance' and 'Assumption By -Law', Final Works Including Roads and Other Related Works That Report EGD -003-19 be received; That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2528 (part of); That Council approve the by-law attached to Report EGD -003-19 (as Attachment 2) assuming certain streets within Plan 40M-2528, and adjacent Plans 10M-826 and 40R-18661 as public highways; and That all interested parties listed in Report EGD -003-19 be advised of Council's decision. 5• Northglen West Subdivision Phases 1A and 1 B, Bowmanville Plans 40M-2497 and 40M-2523 'Certificate of Acceptance' and 'Assumption By -Law', Final Works Including Roads and Other Related Works That Report EGD -004-19 be received; That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related works constructed within Plans 40M-2497 and 40M-2523; That Council approve the by-law attached to Report EGD -004-19 (as Attachment 2) assuming certain streets within Plan 40M-2497 as public highways; and That all interested parties listed in Report EGD -004-19 be advised of Council's decision. 6• Appointment of Municipal Officers That Report CLD -008-19 be received; That Council pass the draft by-law (Attachment 1 to Report CLD -008-19), repealing By-law 2018-067, and appointing Paul Creamer as the Deputy Treasurer and as the alternate Clarington member on the Durham Municipal Insurance Pool; and For Council Meeting of March 18, 2019 Page 2 34 � -N n I # I1' ITI General Government Committee Report to Council That Council pass the draft by-law (Attachment 2 to Report CLD -008-19), repealing By-law 89-23 and appointing June Gallagher as the Deputy Clerk. 2018 Council Remuneration That Report FND-005-19 be received; and That that Council expenses be included within the quarterly financial reports starting with Q1 2019. A Regional Review Whereas the Province has appointed two special advisors to make recommendations to the Minister of Municipal Affairs and Housing on improving regional governance and service delivery; Whereas the consultation process includes interviews by the advisory body with upper and lower tier heads of Council; Whereas the heads of council ought to consider, with their respective councils, such that they are reflecting the will of the Council that they represent, and such that the review is open and transparent in accordance with the requirements of the Municipal Act; Now therefore be it resolved that: The head of Clarington Council place before Council, at its next Council meeting, in writing, the position put forth to the advisory body regarding Clarington Council Prior to further meeting with the advisory body, the head of Clarington Council submit any proposed recommendations to the advisory body for approval by Clarington Council That Staff be directed to prepare a Report proposing Clarington's input regarding the Province's Regional Governance Review D Q G This resolution be forwarded to the Region of Durham and the Durham municipalities. For Council Meeting of March 18, 2019 Page 3 35 Garington 9• Flooding General Government Committee Report to Council That the Mayor be directed to send a letter, on behalf of Clarington Council, to the Honourable Chrystia Freeland, Minister of Foreign Affairs, regarding Lake Ontario Water Levels, requesting that the Minister take steps to ensure the International Joint Commission take all reasonable actions to ensure there is no repetition of the 2017 flooding; That the letter include the same supporting documents as Mr. Martinello's correspondence; and That the correspondence be copied to the same parties as noted in Mr. Martinello's correspondence. For Council Meeting of March 18, 2019 Page 4 36 Ciarftwu Planning & Development Committee Report to Council Report to Council Meeting of March 18, 2019 Subject: Planning & Development Committee Meeting of Monday, March 11, 2019 Recommendations: 1. Receive for Information (a) 9.1 Minutes of the St. Mary's Cement Community Relations Committee dated September 11, 2018 2• Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, Regarding an Annual Update That the delegation of Brenda Metcalf, Chair, Agricultural Advisory Committee of Clarington, Regarding an Annual Update, be received with thanks. 3• Barry Bolahood— Request an Amendment to the Interim Control By -Law 2018-083 That the request to amend Section 2.e. of Interim Control By-law 2018-83 to add 10 Victoria Street, submitted by Barry Bolahood, be denied. 4• Memo from Carlo Pellarin, Manager of Development Review, Regarding Regional Waste Pick-up for Residential Development with Private Roads Whereas the Region of Durham provides residential waste collection to the residents of Clarington; Whereas the Municipality of Clarington recognizes the importance of providing consistent waste collection for all residents, regardless of dwelling type to achieve best use of the Blue Box and Green Bin programs; Whereas to achieve this, the Municipality of Clarington encourages all applicants of multi -unit residential development to comply with the Region of Durham by-law and regulations for Waste Management Services; Page 1 37 Ciarftwu Planning & Development Committee Report to Council Whereas the Region of Durham By -Law 46-2011 is a By-law regulating the provision of the Waste Management Services under the jurisdiction of The Regional Municipality of Durham. Schedule "P" to the By-law requires all private roads in multi -residential developments used by Regional Waste vehicles be a minimum of 6.5 metres in width and provide a minimum of 13 metres in turning radii; and Whereas the Region of Durham Works Department staff is proposing to review existing policies and by-laws related to the provision of waste collection services, including on multi -residential developments; Now therefore, the Municipality of Clarington requests that part of the review by Regional Works and Planning Staff be the consideration of reducing minimum private road width and turning radii requirements to match those of the Ontario Fire Code for fire truck access on private roads, 6.0 m and 12 metres respectively. 5• Applications by Aspen Gardens Ltd. (Kaitlin) for a Draft Plan of Subdivision and Zoning By-law amendment to permit a 136 -unit residential subdivision at the northwest corner of Baseline Road and Green Road, Bowmanville That Report PSD -016-19 be received; That the application for a proposed Draft Plan of Subdivision and the application to amend Zoning By-law 84-63, submitted by Aspen Gardens Ltd. (Kaitlin), for the development of a 136 -unit plan of subdivision continue to be processed and that a subsequent report be prepared; and That all interested parties listed in Report PSD -016-19 and any delegations be advised of Council's decision. For Council Meeting of March 18, 2019 Page 2 Clarington Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: March 18, 2019 Report Number: EGD -008-19 Resolution: File Number: D.02.34.030 By-law Number: Report Subject: Uplands Sales Pavilion/Parking Lot Construction Status Recommendations: 1. That Report EGD -008-19 be received for information. 39 Municipality of Clarington Report EGD -008-19 Report Overview Page 2 This report provides a status update and expected completion date for the Uplands Sales Pavilion and parking lot construction in Courtice. 1. Background 1.1 At the General Government Committee meeting on February 25, 2019, staff were asked to provide an update on the Uplands Sales Pavilion and parking lot construction in Courtice (see Attachment 1). Specifically regarding the conveyance of the parking lot lands and when it will be available to the public for use. 1.2 The Site Plan Agreement and Licence Agreement are with the developer for execution. Prior to the conveyance of Land to Clarington, a reference plan showing the location of the entrance, parking lot and temporary sales pavilion must be registered by the developer's surveyor. The reference plan is now in the final stages of preparation. The surveyor is estimating it will be registered within 10-14 days. Once this is complete, a transfer will be registered to Clarington for these lands. The Licence Agreement will allow High Street Courtice Ltd. the continued use of the land conveyed to Clarington for use as a temporary sales pavilion, driveway and parking spaces for a two year period with both the possibility of extension as well as terms and conditions for restoration once the Licence is terminated. 1.3 As a condition of the Site Plan Agreement for the Uplands Sales Pavilion and the use of our parking lot lands, the developer was required to construct a future municipal parking lot at an interim gravel standard at the developer's cost. Once complete and inspected to ensure it meets the municipality's standards, the parking lot will be available for public use to access Tooley's Mill Park and Farewell Creek Trail. To compensate for the temporary loss of parking spaces occupied by the sales pavilion, the developer has constructed additional parking to the south-west (on their own property) at their expense (see Attachment 1). 1.4 At the termination of the Licence Agreement, the developer is required to remove the sales pavilion and restore the parking area to the top of gravel, meeting all municipal design and specification standards to the satisfaction of the Municipality. 2. Current Status 2.1 The Building Permit for the Sales Office was issued August 10, 2018. The construction of the Sales Pavilion and parking lot commenced in November 2018. Municipal Staff were on-site to supervise the granular parking lot base installation and are satisfied with the work completed to date. The parking lot works have not been completed and therefore the construction site is currently fenced for safety measures. The Sales Pavilion construction is ongoing and the parking lot construction will recommence as soon as weather permits. Municipality of Clarington Resort EGD -008-19 Page 3 2.2 Staff have discussed this project with the developer and are advised that the parking lot is scheduled to be complete and open to the public in April 2019. The Sales Pavilion is currently scheduled to open mid-May 2019. 3. Concurrence This report has been reviewed by the Director of Planning Services and the Municipal Solicitor who concur with the recommendations. 4. Conclusion It is anticipated that the execution of the Licence Agreement will occur expeditiously and permit the completion of the sales pavilion and parking lot for spring 2019. 5. Strategic Plan Application Not applicable. Submitted by. Anthony Cannella, Director of Engineering Services Reviewed by: Andrew C. Allison, B. Comm, LLB CAO Staff Contact: Karen Richardson, Development Manager, 2327 or krichardson@clarington.net ASC/KR/JB/CP/kb Attachment 1: Uplands Sales Pavilion and Parking Lot Grading Plan There are no interested parties to be notified of Council's decision. 41 - PROP PERIMELER-E (REFER TO DETAIL) PLANNED FUTURE PARKING LOT FOR s `✓ r �.✓'� ■ iOLEY MILLS PAS ,� ■ - -i -� � t \ j \ k EX "�.. 0 0 011 LIMIT OF 6 Om HAZARDACCESS _ O 127.80 N o 6R 127.-r - _ 127.8 kt 81 1R THE SUP ANDS' SALES ENTER FFE 129.00 ALL RAINWATER LEADERS j TO DISCHARGE TOWARDS PARKING LOT AREA OR 4 128.00-128.98k_-- �• / 128.00 k RWL pM ti,, r� HVAC 127.5 127.85 �':.. Ilaaaall 127.85 127.855 k k EXISTING'UTILITY k ,..:,'. POLE TO, MAIN PROP RAMP AS N r - 12 7A6 127.70 KNOWN 127.90k'1 • 5k (V (V k 127.85 k 127.85 - I ma aaSWISS! ®a■10am ■■mss m■■SOON X 127.64 127.7 12x/.80 127.80 -,}- ASPHALT GRAVEL 127.85 _ --"�127.70�- 127.9 TEMPORARY MUD MAT FOR CONSTRUCTION ACCESS (REFER TO DETAIL ON THIS PLAN) 127.75 127.9 t EXISTING DRIVEWAY NOTES: 1. RESPE TING ALL WORK IN THE MUNI \ ;E WAY, CONTRACTOR IS TO PROVIDE HO PRIOR NOTICE TO THE CLARINGTO SERVI S DEPARTMENT STAFF AT (905) 623 `y A RO O UPANCY PERMIT WILL B Q 0 W � y/cyGY.4Y Np ? chi m ° :iv �■ll�l■�■� 12 .51 is ■ _ TEMPORARY EROSION CONTROL % FENCING REFER TO DETAIL ON THIS PLAN) 3.Om WIDE GRASS - FILTER STRIP ■ MATCH TO EXISTING 1 a GRAVEL PARKING LOT TERRAFIX 270R NON -WOVEN GEOTEXTILE FABRIC (OR APPROVED EQUIVALENT) WRAPPED AROUND RIP RAP. RIP RAP A_A INFILTRATION TRENCH DETAIL v. . GR -1 SCALE: N.T.S. WORK ° IN THE MUNICIPAL AL MUD MAT FOR TEMPORARY \ VA ON OF THE ROAD ACE IS T PE T BET EN ECEMBERIST APRII 30 a CONSTRUCTION ACCESS 3. STO TION OR WO a T �v `\ STAFF�RECTION. r \ THE UPLANDS LEGEND: 6m SETBACK FROM PROPOSED REVISIONS TOP OF BANK No. DESCRIPTION THE UPLANDS DEV LOPMENT � � � PROPERTY LINE " DRIPLINE I. ISSUED FOR SITE PLAN APPROVAL MUNICIPALITY OF CLARINGTON - a 2�0 EXISTING CONTOUR PROPOSED TREE 40 TEMPERANCE STREET X123.23EX EXISTING ELEVATION BOWMANVILLE, ONTARIO LIC 3A6 TEL: (905) 623-3379 X 123.23 PROPOSED ELEVATION] EXISTING TREES 1 ® 30 CENTURIAN DRIVE, SUITE 100 MAX 3:1 SLOPE MHO EXISTING MANHOLE SOS consulting MARKHAM, ONTARIO L3R 8138 _ - -FUTURE PARKING LOT LAYOUT GB � EXISTING CATCHBASIN g TEL: (905) 475-1900 EXISTING UTILITY POLE WITH group ltd FAX: (905) 475-8335 PROPOSED TOP OF BANK _40GUY WIRE 25.Om o"'e�r�l.`1: tlr ■`~ sir.R i �'.aa� t11�d� time\ri N.T.S. 99 GEOTEXTILE TO BE WIRED TO PAGE SINGLE STRAND 4mm GALVANIZED WIRE FENCE @ T -BARS AND 1000mm O.C. TENSION WIRE PASSING THROUGH T -BAR AND PASSING THROUGH PAGE WIRE FENCE '>C�r - PAGE WIRE FENCE �✓';GEOTEXTII.E _ EXISTING GROUND II k II II STANDARD U T -BAR F2000 MAX . I ELEVATION AREA TO BE AREA UNDER AREA TO BE AREA UNDER PROTECTED CONSTRUCTION PROTECTED --CONSTRUCTION r -T -BAR T -BAR PAGE WIRE FENCE PAGE WIRE FENCE GEOTEXTILE N GEOTEXTILE MATERIAL OVERLAY TO BE I"19mm CLEAR STONE OR APPROVED PROPERLY COMPACTED RECYCLED CONCRETE. EXISTING GROUND EXISTING GROUND ti l l o I I v1 I i 11300 ~ ALL DIMENSIONS ARE IN Lf LI MILLIMETRES UNLESS CROSS SECTION CROSS SECTION OTHERWISE NOTED. (FROZEN CONDITION) NOTES: 1. GEOTEXTILE TO HAVE A MINIMUM TEAR RESISTANCE OF 210 N (TERRAFIX 270R, LAYFIELD LP4, OR APPROVED EQUIVALENT). 2. GEOTEXTILE TO HAVE A HORIZONTAL OVERLAY OF 1000mm AT JOINTS. 3. PAGE WIRE FENCE OR APPROVED EQUIVALENT. TEMPORARY SEDIMENT CONTROL FENCE N.T.S. DATE BY APPROVED N E UPLANDS COURTICE APR24'18 L.P.M. GRADING PLAN FUTURE PARKING LOT LP 1.0024183,// DESIGNED BY: L.P.M. CHECKED BY: L.P.M. DATE: NOVEMBER 2017 SCALE: 1:250 PROJECT No: 1 Q FIGURE No: �T 1 4FPPP"` DRAWN BY: M.L.M. CHECKED BY: L.P.M. 1 J 6O V Rs 1 42 File: P:\1960 The Uplands Courtice\Drawings\Phase 1\Fig\2017 11(Nov) 06 - Future Porking Lot Grading\196OD-FIGS-GR-1.dwg - Revised by <MMCCLYMONT> : Thu, Nov 09 2017 - 2:23pm HVAC 127.5 127.85 Ilaaaall k k PROP RAMP AS N r - N PER OBC 3.4.3.2 - ■ ■ a_' w 00 O 0, LO rn 0 N N ! 0' k 128.00 00 00 127.90k'1 • 5k (V (V k 127.85 k 127.85 - I ma aaSWISS! ®a■10am ■■mss m■■SOON X 127.64 127.7 12x/.80 127.80 -,}- ASPHALT GRAVEL 127.85 _ --"�127.70�- 127.9 TEMPORARY MUD MAT FOR CONSTRUCTION ACCESS (REFER TO DETAIL ON THIS PLAN) 127.75 127.9 t EXISTING DRIVEWAY NOTES: 1. RESPE TING ALL WORK IN THE MUNI \ ;E WAY, CONTRACTOR IS TO PROVIDE HO PRIOR NOTICE TO THE CLARINGTO SERVI S DEPARTMENT STAFF AT (905) 623 `y A RO O UPANCY PERMIT WILL B Q 0 W � y/cyGY.4Y Np ? chi m ° :iv �■ll�l■�■� 12 .51 is ■ _ TEMPORARY EROSION CONTROL % FENCING REFER TO DETAIL ON THIS PLAN) 3.Om WIDE GRASS - FILTER STRIP ■ MATCH TO EXISTING 1 a GRAVEL PARKING LOT TERRAFIX 270R NON -WOVEN GEOTEXTILE FABRIC (OR APPROVED EQUIVALENT) WRAPPED AROUND RIP RAP. RIP RAP A_A INFILTRATION TRENCH DETAIL v. . GR -1 SCALE: N.T.S. WORK ° IN THE MUNICIPAL AL MUD MAT FOR TEMPORARY \ VA ON OF THE ROAD ACE IS T PE T BET EN ECEMBERIST APRII 30 a CONSTRUCTION ACCESS 3. STO TION OR WO a T �v `\ STAFF�RECTION. r \ THE UPLANDS LEGEND: 6m SETBACK FROM PROPOSED REVISIONS TOP OF BANK No. DESCRIPTION THE UPLANDS DEV LOPMENT � � � PROPERTY LINE " DRIPLINE I. ISSUED FOR SITE PLAN APPROVAL MUNICIPALITY OF CLARINGTON - a 2�0 EXISTING CONTOUR PROPOSED TREE 40 TEMPERANCE STREET X123.23EX EXISTING ELEVATION BOWMANVILLE, ONTARIO LIC 3A6 TEL: (905) 623-3379 X 123.23 PROPOSED ELEVATION] EXISTING TREES 1 ® 30 CENTURIAN DRIVE, SUITE 100 MAX 3:1 SLOPE MHO EXISTING MANHOLE SOS consulting MARKHAM, ONTARIO L3R 8138 _ - -FUTURE PARKING LOT LAYOUT GB � EXISTING CATCHBASIN g TEL: (905) 475-1900 EXISTING UTILITY POLE WITH group ltd FAX: (905) 475-8335 PROPOSED TOP OF BANK _40GUY WIRE 25.Om o"'e�r�l.`1: tlr ■`~ sir.R i �'.aa� t11�d� time\ri N.T.S. 99 GEOTEXTILE TO BE WIRED TO PAGE SINGLE STRAND 4mm GALVANIZED WIRE FENCE @ T -BARS AND 1000mm O.C. TENSION WIRE PASSING THROUGH T -BAR AND PASSING THROUGH PAGE WIRE FENCE '>C�r - PAGE WIRE FENCE �✓';GEOTEXTII.E _ EXISTING GROUND II k II II STANDARD U T -BAR F2000 MAX . I ELEVATION AREA TO BE AREA UNDER AREA TO BE AREA UNDER PROTECTED CONSTRUCTION PROTECTED --CONSTRUCTION r -T -BAR T -BAR PAGE WIRE FENCE PAGE WIRE FENCE GEOTEXTILE N GEOTEXTILE MATERIAL OVERLAY TO BE I"19mm CLEAR STONE OR APPROVED PROPERLY COMPACTED RECYCLED CONCRETE. EXISTING GROUND EXISTING GROUND ti l l o I I v1 I i 11300 ~ ALL DIMENSIONS ARE IN Lf LI MILLIMETRES UNLESS CROSS SECTION CROSS SECTION OTHERWISE NOTED. (FROZEN CONDITION) NOTES: 1. GEOTEXTILE TO HAVE A MINIMUM TEAR RESISTANCE OF 210 N (TERRAFIX 270R, LAYFIELD LP4, OR APPROVED EQUIVALENT). 2. GEOTEXTILE TO HAVE A HORIZONTAL OVERLAY OF 1000mm AT JOINTS. 3. PAGE WIRE FENCE OR APPROVED EQUIVALENT. TEMPORARY SEDIMENT CONTROL FENCE N.T.S. DATE BY APPROVED N E UPLANDS COURTICE APR24'18 L.P.M. GRADING PLAN FUTURE PARKING LOT LP 1.0024183,// DESIGNED BY: L.P.M. CHECKED BY: L.P.M. DATE: NOVEMBER 2017 SCALE: 1:250 PROJECT No: 1 Q FIGURE No: �T 1 4FPPP"` DRAWN BY: M.L.M. CHECKED BY: L.P.M. 1 J 6O V Rs 1 42 File: P:\1960 The Uplands Courtice\Drawings\Phase 1\Fig\2017 11(Nov) 06 - Future Porking Lot Grading\196OD-FIGS-GR-1.dwg - Revised by <MMCCLYMONT> : Thu, Nov 09 2017 - 2:23pm 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: Council Date of Meeting: March 18, 2019 Report Number: CLD -010-19 Resolution: File Number: By-law Number: Report Subject: Appointments of Independent Directors to EI Hxicon Holdco Board Recommendations: 1. That Report CLD -010-19 be received; 2. That the draft resolution, Attachment 2 to Report CLD -010-19, regarding the nomination of Independent Directors and authorizing Clarington's representative to elect the Directors of Merged Holdco be approved; and 3. That all interested parties listed in Report CLD -010-19 and any delegations be advised of Council's decision. 43 Municipality of Clarington Report CLD -010-19 Report Overview Page 2 This report presents the independent directors as recommended by the Veridian Nominating Committee to be appointed to the new merged EI Hxicon Holdco Bodras per the Unanimous Shareholder Agreement (USA). 1. Background 1.1 At the June 11, 2018 Council meeting, Council considered Report CAO -005-18 and passed the following resolution: Resolution #C-199-18 Moved by Councillor Cooke, seconded by Councillor Woo That Report CAO -005-18 be received; and That Council pass the by-law attached to Report CAO -005-18 (Attachment 1) in order to approve the proposed amalgamations between (1) Veridian Corporation and Whitby Hydro Energy Corporation, and (2) Veridian Connections Inc. and Whitby Hydro Electric Corporation. This Report set out the terms and details of the Merger Agreement. By-law 2018-055 was enacted by Council on June 11, 2019, approving the merger of Veridian and Whitby Hydro. 1.2 On January 11, 2019, the Municipal Solicitor and the Municipal Clerk provided Members of Council with a detailed timeline regarding nominations for appointment to Veridian Board and Veridian Connections as well as the steps to be followed to appoint directors to the newly merged companies. 2. Discussion 2.1 The recommendation for appointment of independent directors to the Merged Holdo Board (Elexicon) is presented to Council for consideration as per the requirements of the USA and as per correspondence dated March 1, 2019 from Veridian (Attachment 1). 2.2 The list of independent directors includes the names of at least one individual who currently represents each of the municipal shareholders as follows: Ron Chatterton City of Pickering Jim Macpherson Town of Ajax Brian Mountford Municipality of Clarington Doug Parker City of Bellville Municipality of Clarington Page 3 Report CLD -010-19 The recommended motion for Council's consideration (see Attachment 2), contemplates that Council will nominate the Recommended "Clarington" Independent Director to the Board of Directors of the Merged Holdco for a two year term, nominate the other Independent Directors as chosen for nomination by the other municipal shareholders (ie. Clarington Council will support the other municipalities' nomination for their respective nominees), and will endorse the nominations identified by Whitby. 2.3 The Mayor has been nominated to serve as the Mayor (or mayor's designate) on the Merged Holdco Board, in accordance with the USA. This is consistent with the other municipal shareholders, where each Mayor has confirmed that he will stand as the nominated Director for their respective municipality, instead of a Mayor's designate. 2.4 It has been proposed that each municipal shareholder will nominate and authorize its CAO to take necessary actions in connection with the first shareholder meeting of Merged Holdco. These actions may include the election of the directors of the subsidiaries of Merged Holdco, setting the compensation of such directors and dealing with matters to be decided by the shareholders of Merged Holdco as contemplated in the MPA and the USA, and other actions necessary to effect the merger. Attachment 2 includes the proposed recommendation for Council's consideration to appoint Mr. Allison, CAO as Clarington's Authorized Representative to elect the directors of Merged Holdco and vote at a meeting of shareholders of Merged Holdco, to execute and deliver any necessary agreements, instruments, and any other necessary actions contemplated in the MPA or USA. 2.5 Veridian has indicated that they will be providing the Shareholders with an independent report respecting recommended compensation for Elexicon Directors. Upon receipt of the report from Veridian, the report will be provided to Members of Council under separate cover. 2.6 Aird & Berlis LLP has been providing advice and guidance on the merger process to the merger joint steering committee to ensure that each municipal shareholder correctly follows the appropriate corporate and municipal rules to form the Merged Holdco and the Merged LDC. 2.7 The target date for completion of the amalgamation is April 1, 2019. 45 Municipality of Clarington Page 4 Resort CLD -010-19 3. Concurrence This report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 4. Conclusion Based on the foregoing, and to fulfil Clarington's obligations set out in the MPA and USA, it is respectfully recommended that Council pass the recommendations as recommended by Veridian and included in this Report as Attachment 2. 5. Strategic Plan Application Not applicable. Submitted by:^� Reviewed by. C. nne AGreentree, B.A., CMO, Andrew C. Allison, B. Comm, LL.B Municipal Clerk CAO Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington. net Attachments: Attachment 1: Correspondence from Veridian — March 1, 2019 Attachment 2: Draft resolution nomination of Independent Directors Attachment 3: Independent Compensation Report from Veridian (to be distributed under separate cover) List of interested parties to be notified of Council's decision is on file in the Clerk's Department. \\4f VERIDIAN C O R P O R A T I O N 55 Taunton Road East Ajax, ON UT 3V3 Tel: 905-427-9870 Ext.: 2200 Fax: 905-619-0210 email: tlaschuk@veridian.on.ca NOTICE OF RECOMMENDATION RE INDEPENDENT DIRECTORS RESOLUTION 112019 -VCO2 March 1, 2019 BY ELECTRONIC DELIVERY To: The Corporation of the Town ofAjax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington, and The Corporation of the City of Pickering (together with The Corporation of the Town ofWhitby, collectively known as the "Municipal Shareholders") Re: Project Taunton: Recommendation of Appointment of Independent Directors Please be advised that the board of directors of Veridian Corporation pursuant to Section 3.2(c)(iii) of the form of Unanimous Shareholder Agreement attached to the Merger Participation Agreement between the Municipal Shareholders, Veridian Corporation and Whitby Hydro ( EFU FMRISR 3fiZ❑EAW 3CorporationsEmDEG_FF-4M.❑[RA-USDLWW G3hG1LDCCu:i❑FmR❑❑❑❑KH-FE recommends: Names of Independent Director Nominees Director Term Ron Chatterton Three year term Doug Parker Three year term Jim Macpherson Two year term Brian Mountford Two year term to be directors of the corporation to be formed by the amalgamation of the Corporations. Yours truly, Tanya Laschuk on behalf of the Board of Veridian Corporation. The power to make your community better. Veridian Connections is a wholly 4e7ubsidiary of Veridian Corporation WHEREAS The Corporation of the Municipality of Clarington ("Clarington") is a party to a Merger Participation Agreement dated July 10, 2018 (the "MPA') with respect to the amalgamation (the "Amalgamation") of Whitby Hydro Energy Corporation and Veridian Corporation to form Elexicon Corporation ("Merged Holdco"), to which is attached a form of Unanimous Shareholder Agreement (the "USA") to be executed and come into force as at the date of the Amalgamation; AND WHEREAS, under the USA, Clarington and the municipalities of Ajax, Belleville, and Pickering may nominate certain Independent Directors (as defined below) of Merged Holdco following receipt of a recommendation by the board of directors of Veridian Corporation; AND WHEREAS, Clarington has received such a recommendation; AND WHEREAS, under the USA, the municipality of Whitby may nominate certain Independent Directors (as defined below) of Merged Holdco following receipt of a recommendation by the board of directors of Whitby Hydro Energy Corporation; AND WHEREAS the USA defines an Independent Director in relation to a municipality, as an individual that, at the time of his or her appointment to a Board and throughout his or her term as a member of such Board is not: the Mayor of such municipality; a member of the municipal council of such municipality; a member of a "local board" (as defined in the Municipal Act, 2001) of such municipality; or an employee of such municipality or such local board; AND WHEREAS, under the USA, Clarington and the municipalities of Ajax, Belleville, Pickering, and Whitby shall each nominate one (1) director of Merged Holdco who shall, in the sole discretion of the Mayor of each municipality, be either the Mayor or the Mayor's Designate; AND WHEREAS Clarington has nominated its Mayor as a director of Merged Holdco; AND WHEREAS the above-mentioned nominees would, if elected, fulfill the requirements to be a directors of the Merged Holdco; BE IT RESOLVED THAT: 1. Clarington nominates Brian Mountford as an Independent Director to the Board of Directors of the Merged Holdco for a two year term, effective as at the date of the Amalgamation; 2. Clarington nominates as Independent Directors of Merged Holdco, the individuals chosen for nomination by each of Ajax, Belleville, and Pickering; 3. Clarington endorses the nominations to the Merged Holdco as are identified by Whitby pursuant to the USA; 4. the Chief Administrative Officer, or an individual designated by the Chief Administrative Officer, of Clarington (the "Authorized Representative") is authorized and directed, for and in the name of and on behalf of Clarington: a. to provide notice to the other parties to the MPA of these resolutions and to execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, and to do all such other acts and things as the Authorized Representative may determine to be necessary or advisable in connection with the nomination and election of directors set out in paragraphs 1 2, and 3, the execution and delivery of any such agreement, amendment, instrument, certificate, resolution or other document or the doing of any such other act or thing by the Authorized Representative being conclusive evidence of such determination; and b. execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, and to do all such other acts and things as the Authorized Representative may determine to be necessary or advisable in connection with the first shareholder meeting of Merged Holdco, including without limitation the election of the directors of the subsidiaries of Merged Holdco, setting the compensation of such directors and dealing with matters to be decided by the shareholders of Merged Holdco as contemplated in the MPA or USA, the execution and delivery of any such agreement, amendment, instrument, certificate, resolution or other document or the doing of any such other act or thing by the Authorized Representative being conclusive evidence of such determination.