Loading...
HomeMy WebLinkAbout05-21-2019Final ciffiW4017 Council Agenda Date: May 21, 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 aarbgton 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: May 21, 2019 Time: 7:00 PM Place: Council Chambers 5.1 Council Minutes Minutes of a regular meeting of Council April 29, 2019 Page 6 April 29, 2019 5.2 Special Council Minutes of a special meeting of Council May 1, 2019 Page 17 Minutes May 1, 2019 6 Presentations 6.1 Ann-marie Harley, President, Brian Mountford, Treasurer, Gary Blake, Secretary, and Sharon Rose, Recording Secretary - A Gift of Art and Dionne Powlenzuk, Executive Director, Board of Directors, Visual Arts Centre of Clarington — Proceeds of the 2019 for the Love of Art Mayor's Gala 6.2 Recognition of Sponsorship — 2019 for the Love of Art Mayor's Gala 7 Delegations 7.1 IN Biesenthal, PI Tool Limited, Regarding Report EGD -009-19, Servicing of Industrial Lands in South Courtice - Courtice Court (Item 7 of the General Government Committee Report) 7.2 Richard Ward regarding Confidential Report LGL -004-19, Richard Ward Regarding Flooding in Kendal (Item 1 n of the General Government Committee Report) 8 Communications — Receive for Information 8.1 Integrity Integrity Commissioner Annual Report 2018 Page 22 Commissioner Page 2 9 Communications — Direction Council Agenda Date: May 21, 2019 Time: 7:00 PM Place: Council Chambers 9.1 Durham Regional Morgen Dobson, Durham Regional Police, Page 30 Police Neighbourhood Watch Coordinator — Implementation of a Newport-Pebblebeach Neighbourhood Watch Program (Motion to Endorse) 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Museum Minutes Minutes of the Clarington Museum and Archives Board dated April 10, 2019 10.1.2 Clarington Active Transportation and Safe Road Advisory Committee 10.1.3 Clarington Diversity Advisory Committee 10.1.4 SW NAMAC Minutes 10.2 General Government Committee 10.3 Planning & Development Committee Minutes of the Clarington Active Transportation and Safe Roads Advisory Committee dated April 17, 2019 Minutes of the Clarington Diversity Advisory Committee dated March 27, 2019 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 9, 2019 General Government Committee Report of May 6, 2019 Planning and Development Committee Report of May 13, 2019 Page 32 Page 36 Page 46 Page 51 Page 62 Page 3 a Ir 11 Staff Reports 11.1 LGL -005-19 Enbridge Gas Franchise Agreement Council Agenda Date: May 21, 2019 Time: 7:00 PM Place: Council Chambers 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 Town of Ajax 13.2 Memo from Director of Engineering 13.3 Confidential Memo from the Municipal Solicitor 14 By-laws 14.1 2019-03 Page 67 Alexander Harras, Manager of Legislative Services/Acting Page 81 Clerk, Town of Ajax regarding the Pickering Airport. (Referred from the April 29, 2019 Council Meeting) Memo from the Director of Engineering Services regarding the Farewell Trail Design (Referred from the May 6, 2019 General Government Committee Meeting) Confidential Memo from the Municipal Solicitor regarding the Servicing of Industrial Land in South Courtice [Distributed Under Separate Cover] Being a By-law to exempt a certain portion of Registered Page 83 Plan 40M-2540 from Part Lot Control 14.2 2019-03 Being a By-law to Authorize a Franchise Agreement Between the Corporation of the Municipality of Clarington and Enbridge Gas (Agenda Item 11.1) Page 4 15 Procedural Notices of Motion Council Agenda Date: May 21, 2019 Time: 7:00 PM Place: Council Chambers 15.1 Procedural Notice of Motion to Reconsider Resolution #C-175-19 pertaining to the Strategic Priorities for the Municipality of Clarington 16 Other Business 17 Confirming By -Law 18 Adjournment Page 5 Clarington- Council Minutes April 29, 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 April 29, 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 M. Zwart Regrets: Councillor C. Traill Staff Present: A. Allison, S. Brake, T. Cannella, J. Caruana, 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 Hooper led the meeting in a moment of reflection. 3 Declaration of Interest Councillor Jones declared an indirect interest in Report FND-011-19 regarding the Gift Agreement with Bowmanville Hospital Foundation (Item 11 of the General Government Committee Report). Councillor Zwart declared an indirect interest in Unfinished Business Item 13.1, Memo from the Municipal Solicitor regarding Request to amend Interim Control By-law 2018-083 for 10 Victoria Street, Bowmanville (Unfinished Business Item 13.1). 4 Announcements Members of Council announced upcoming community events and matters of community interest. Suspend the Rules Resolution #C-152-19 Moved by Councillor Neal, seconded by Councillor Anderson That the Rules of Procedure be suspended to add Correspondence Item 9.2 regarding the GO Train East Extension to the Agenda. Carried -1- A• Clar-in o n Council Minutes April 29, 2019 9.2 Mayor Adrian Foster, Municipality of Clarington, Draft Correspondence - GO Train East Extension Resolution #C-153-19 Moved by Councillor Anderson, seconded by Councillor Neal That Correspondence Item 9.2 from Mayor Adrian Foster, Municipality of Clarington, regarding the GO Train East Extension, be endorsed by Council. Carried 5 Adoption of Minutes of Previous Meeting Resolution #C-154-19 Moved by Councillor Anderson seconded by Councillor Hooper That the minutes of the regular meeting of the Council held on April 8, 2019, be approved. Carried 6 Presentations 6.1 Judy Hanson, Justin Humprey and Jonny Selimovic, Home Base Durham — Presentation of Community Connector and Leadership and Innovation Awards Judy Hanson, Home Base Durham, was present regarding the presentation of the Community Connector and Leadership and Innovation Awards. She thanked the Members of Council for their continued support of Home Base Durham. Ms. Hanson highlighted the activities and achievements of the award recipients which included Justin Humprey - Community Connector Award, Jonny Selimovic - Leadership and Innovation Award. She noted that Rebecca Sullivan, the recipient of the Citizenship Award was unable to attend this evening. Mayor Foster presented Justin Humprey with the Community Connector Award and Jonny Selimovic with the Leadership and Innovation Award. Community Connector Award. -2- Clarington Council Minutes April 29, 2019 7 Delegations 7.1 Kevin Adams, The Old Newcastle House Taps & Grill Inc., Regarding a Stationary Refreshment Vehicle By-law Exemption (Item 3 of the General Government Committee Report) Kevin Adams, The Old Newcastle House Taps & Grill Inc., was present regarding a Stationary Refreshment Vehicle By-law Exemption (Item 3 of the General Government Committee Report). He noted the section of the Refreshment Vehicle By-law that requires him to apply for an exemption. Mr. Adams reviewed the plan for the property which includes a stationary trailer which will sell ice cream. He explained to Members of Council that he is looking for an exemption to be approved and then he will apply for the minor variance in hopes that he can open this summer. Mr. Adams answered questions from Members of Council. 8 Communications — Receive for Information There were no Communications to be received for information. 9 Communications — Direction 9.1 Alexander Harras, Manager of Legislative Services/Acting Clerk, Town of Ajax regarding the Pickering Airport. Resolution #C-155-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the following Resolution from the Town of Ajax be endorsed by the Municipality of Clarington: WHEREAS airports are valuable economic drivers in the development of business, communities, and the infrastructure around them; WHEREAS it is anticipated that the results of the forthcoming Federal "Pickering Lands Aviation Sector Analysis" will be positive; WHEREAS the federal government has set aside approximately 8,700 acres of land in the City of Pickering to accommodate a future airport and other possible economic development uses ("the Airport Lands"); WHEREAS the Airport Lands are located in north -central Pickering adjacent to their Innovation Corridor, about 55 km east of Toronto Pearson International Airport within an integrated transportation network; -3- 0 Clarington- Council Minutes April 29, 2019 WHEREAS the aerospace industry (the fifth largest employer in Canada) has a membership struggling for land and space to expand business operations in close proximity to Toronto Pearson; WHEREAS a second airport would create tens of thousands of high-quality jobs for residents of Durham Region, and attract spinoff businesses and indirect jobs; WHEREAS a portion of the Airport Lands could be retained for economic development uses, including transportation/logistic facilities, high-tech enterprises and agriculture, such as year-round indoor farming; WHEREAS the development of the Airport Lands is key to building a prosperous future not just for Durham Region, but for the entire Greater Toronto Area; NOW THEREFORE IT BE RESOLVED: THAT the Government of Canada be advised that the Municipality of Clarington supports the development of an airport in the City of Pickering in principle, based on an approved business case presented by the federal government; and THAT a copy of this resolution be forwarded to the Federal Minister of Transportation, Durham MPs, the Premier of Ontario, Durham MPPs, all Durham Region municipalities, all Durham Region Boards of Trade and Chambers of Commerce, and the Toronto Region Board of Trade. Motion Referred Later in the Meeting (See following motions) Resolution #C-156-19 Moved by Councillor Zwart, seconded by Councillor Neal That Correspondence Item 9.1 from Alexander Harras, Manager of Legislative Services/Acting Clerk, Town of Ajax, regarding the Pickering Airport be referred to the May 21, 2019 Council Meeting. Motion Withdrawn Resolution #C-157-19 Moved by Councillor Neal, seconded by Councillor Zwart That Correspondence Item 9.1 from Alexander Harras, Manager of Legislative Services/Acting Clerk, Town of Ajax, regarding the Pickering Airport be deferred until the Federal Business Case be brought forward for review. Motion Lost Later in the Meeting (See following motions) E Clariiw-n Council Minutes April 29, 2019 Suspend the Rules Resolution #C-158-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow Members of Council to speak to the matter of the foregoing Resolution #C-156-19 a second time. Carried The foregoing Resolution #C-156-19 was then put to a vote and lost. Resolution #C-159-19 Moved by Councillor Zwart, seconded by Councillor Neal That the foregoing Resolution #C-155-19 regarding, Correspondence Item 9.1 from Alexander Harras, Manager of Legislative Services/Acting Clerk, Town of Ajax, regarding the Pickering Airport, be referred to the May 21, 2019 Council meeting. Carried -5- 10 Clarington Council Minutes April 29, 2019 10 Committee Reports 10.1.1 Newcastle Minutes of the Newcastle Arena Board dated April 9, 2019 Arena Board 10.1.2 Affordable Housing Task Force Minutes 10.1.3 Agricultural Advisory Committee Minutes 10.1.4 Heritage Committee Minutes 10.1.5 AAC Minutes 10.1.6 Tourism Advisory Committee Minutes Resolution #C-160-19 Minutes of the Clarington Affordable Housing Task Force dated March 19, 2019 Minutes of the Agricultural Advisory Committee dated April 11, 2019 Minutes of the Clarington Heritage Committee dated April 16, 2019 Minutes of the Accessibility Advisory Committee dated March 6, 2019 Minutes of the Clarington Tourism Advisory Committee dated April 11, 2019 Moved by Councillor Zwart, seconded by Councillor Neal That Advisory Committee Report Items 10.1.1 and 10.1.6, be approved. Carried 10.2 General Government Committee Report of April 15, 2019 Resolution #C-161-19 Moved by Councillor Jones, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of April 15, 2019, be approved, on consent, with the exception of item #11. Carried M 11 Clarington Council Minutes April 29, 2019 Item 11 —Gift Agreement with Bowmanville Hospital Foundation Councillor Jones declared an indirect interest in Report FND-011-19, Gift Agreement with 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. Resolution #C-162-19 Moved by Councillor Neal, seconded by Councillor Hooper That Report FND-011-19 be received; That the Mayor and Municipal Clerk be authorized to sign the Gift Agreement with the Bowmanville Hospital Foundation on behalf of the Municipality; and That all interested parties listed in Report FND-011-19 and any delegations be advised of Council's decision. Carried Councillor Jones returned to the meeting. 10.3 Planning & Development Committee Report of April 23, 2019 Resolution #C-163-19 Moved by Councillor Neal, seconded by Councillor Jones That the recommendations contained in the Planning & Development Committee Report of April 23, 2019 be approved, on consent, with the exception of item #3. Carried Item 3 — Townhouse/Condominium Air Conditioning Units and other Condensing Units Resolution #C-164-19 Moved by Councillor Neal, seconded by Councillor Anderson That Item 3 of the Planning and Development Committee Report regarding Townhouse/Condominium Air Conditioning Units and other Condensing Units be referred to the May 13, 2019 Planning and Development Committee meeting. Carried -7- 12 Clarington Council Minutes April 29, 2019 11 Staff Reports 11.1 Report CLD -012-19 —Appointments to the Orono Cemetery Board and Public Library Board Resolution #C-165-19 Moved by Councillor Zwart, seconded by Councillor Neal That Report CLD -012-19 be received; That the Committee consider the applications for appointments to the various boards and committees, and that the vote be conducted to appoint the citizen representatives to the various boards and committees, in accordance with the Appointment to Boards and Committees Policy; That Councillor Zwart be appointed as the Council Representative on the Orono Cemetery Board; and That all interested parties listed in Report CLD -012-19 and any delegations be advised of Council's decision. Carried Resolution #C-166-19 Moved by Councillor Zwart, seconded by Councillor Anderson That the following individuals to the Orono Cemetery Board for a term ending December 31, 2022 or until a successor is appointed: Mary Clapdorp Eldene Edwards Jo -Ann Meijer Wendy Partner Public Library Board The following appointment was made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy, for the Public Library Board for a term ending December 31, 2022 or until a successor is appointed. x Donald McKenzie 13 Clarington 12 Business Arising from Procedural Notice of Motion None Recess Resolution #C-167-19 Moved by Councillor Zwart, seconded by Councillor Jones That Council recess for five minutes. Carried The meeting reconvened at 8:11 PM. 13 Unfinished Business Council Minutes April 29, 2019 13.1 Memo from the Municipal Solicitor regarding Request to amend Interim Control By-law 2018-083 for 10 Victoria Street, Bowmanville Councillor Zwart declared an indirect interest in Unfinished Business Item 13.1, Memo from the Municipal Solicitor regarding Request to amend Interim Control By-law 2018- 083 for 10 Victoria Street, Bowmanville as a member of her family owns property in the Interim Control By-law area. Councillor Zwart left the room and refrained from discussion and voting on this matter. Resolution #C-168-19 Moved by Councillor Neal, seconded by Councillor Anderson That Report PSD -023-19 and the Memo dated April 24, 2019 from the Municipal Solicitor regarding a request to amend Interim Control By-law 2018-083 for 10 Victoria Street, Bowmanville, be received for information. Carried Councillor Zwart returned to the meeting. 14 Clarington 14 By-laws Resolution #C-169-19 Moved by Councillor Hooper, seconded by Councillor Jones That leave be granted to introduce By-laws 2019-029 to 2019-033 Council Minutes April 29, 2019 14.1 2019-029 Being a by-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2019 and to provide for the collection thereof (Approved by Council on February 19, 2019) 14.2 2019-030 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets and lanes within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them (Item 5 of General Government Committee Report) 14.3 2019-031 Being a By-law to assume certain streets and lanes within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 6 of General Government Committee Report) 14.4 2018-032 Being a by-law to authorize the execution of an Amended and Restated Inter -creditor Agreement between The Toronto Dominion Bank, the Municipality of Clarington, the Town of Ajax, the City of Pickering, the City of Belleville, the Town of Whitby, Elexicon Corporation and Elexicon Energy Inc. (Item 9 of General Government Committee Report) 14.5 2019-033 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 1 Planning and Development Committee Report) 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. -10- 15 Clartw � Council Minutes April 29, 2019 16 Other Business 16.1 Councillor Neal asked questions of the Director of Engineering and the Director of Finance/Treasurer regarding the Farewell Creek Trail Phase 2 Route Options. 17 Confirming By -Law Resolution #C-170-19 Moved by Councillor Hooper, seconded by Councillor Jones That leave be granted to introduce By-law 2019-034, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 29th day of April, 2019; and That the said by-law be approved. Carried 18 Adjournment Resolution #C-171-19 Moved by Councillor Neal, seconded by Councillor Anderson That the meeting adjourn at 8:22 PM. Mayor Carried -11- 16 Municipal Clerk Clarington Special Council Minutes May 1, 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 special meeting of Council held on May 1, 2019, at 8:30 AM, in the Clarington Public Library — Newcastle Branch. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor M. Zwart Regrets: Councillor C. Traill Staff Present: A. Allison, S. Brake, T. Canella, J. Caruana, M. Marano, R. Maciver, T. Pinn, M. Seaman, G. Weir, A. Greentree, L. Kent 1 Call to Order Mayor Foster called the meeting to order at 8:30 AM. 2 Declaration of Interest None 3 Presentations 3.1 Peter Spratt, Facilitator, Bakertilly - Facilitation of Finalizing the Strategic Plan Components Mr. Spratt welcomed those present. He advised that the objective of today's meeting it to finalize the components of the Strategic Plan for the Municipality of Clarington. Mr. Spratt reviewed the process to date, restated the draft priorities set during the March 29th session (four (4) strategic themes / directions being: Engaged Communities, Strong Economy, Sustainable Infrastructure Growth, and Legacy Projects). Mr. Spratt highlighted the key objectives for this meeting. Resolution #C-172-19 Moved by Councillor Neal, seconded by Councillor Hooper That the Strategic Priorities Chart (beginning on page 4 of the Agenda) be put on the table for discussion and consideration. Carried Members discussed the draft recommended approach to achieve the goal of community engagement. Mr. Allison confirmed that a formal policy on community engagement would be a Council approved policy. -1- 17 Clarington Special Council Minutes May 1, 2019 Resolution #C-173-19 Moved by Councillor Neal, seconded by Councillor Anderson That bullet 1 in B.1 "Complete streetscape plan for Bowmanville (eg implement paving rehabilitation in consultation with BIA)" be deleted and replaced with "Revisit revise streetscapes for Courtice and Orono" Motion Lost Recess Resolution #C-174-19 Moved by Councillor Neal, seconded by Councillor Jones That Council recess for five minutes. Carried The meeting reconvened at 9:39 AM. The members of Council discussed the options for proceeding with the meeting Agenda and the best way to move forward to set the Strategic Plan. Resolution #C-175-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Council approve the Strategic Priorities A, B and C, as drafted by Council during the March 29, 2019 Strategic Plan Workshop, and as amended during the May 1, 2019 Strategic Plan Workshop, as Councils Goals for the 2019-2022, as follows: 1. Strategic themes A. Engaged Communities B. Strong Economy C. Sustainable Infrastructure Growth D. Legacy Projects 2. Preliminary goals for these priorities were identified by Council as follows: A. Engaged Communities A.1. Enhance two-way communication with community A.2. Establish and develop a unique Clarington brand for promoting our community -2- W Clarington Special Council Minutes May 1, 2019 B. Strong Economy B.1. Complete the implementation of the Downtown Plans B.2. Create partnerships in broadband expansion, working towards 100% connectivity B.3. Create partnerships to promote investment in infrastructure to make natural gas more accessible B.4. Expand our transportation network into commercial and industrial areas B.5. Explore an economic development strategy/framework in collaboration with the business community and other stakeholders C. Sustainable Infrastructure Growth C.1. Develop an Affordable Housing Policy C.2. Develop a strategies for infrastructure investments, including employment lands Carried Later in the Meeting (See following motions) Recess Resolution #C-176-19 Moved by Councillor Neal, seconded by Councillor Jones That Council recess for five minutes. Carried The meeting reconvened at 10:52 AM. The foregoing Resolution C-175-19 was then put to a vote and Carried. Resolution #C-177-19 Moved by Councillor Neal, seconded by Councillor Jones That Council approve the Strategic Priority D, as drafted by Council during the March 29, 2019 Strategic Plan Workshop, and as amended during the May 1, 2019 Strategic Plan Workshop, as Councils Goals for the 2019-2022, as follows: -3- 19 Clarington D. Legacy Projects D.1. Clearly articulate our plans for: a) Courtice waterfront b) Port Darlington waterfront Special Council Minutes May 1, 2019 D.2. Pursue a final decision from AECL and CNL respecting the disposition of lands for the Port Granby Nature Reserve D.3. Develop the concept, financing, project plan and potential construction schedule for Council in 2019, for consideration in the 2020 budget, with a design to follow DA Articulate a vision of a Performing Arts space D.5. Make a decision on Camp 30 Carried Later in the Meeting (See following motion) Extend the Meeting Resolution #C-178-19 Moved by Councillor Neal, seconded by Councillor Jones That the meeting be extended by 15 minutes. Carried The foregoing Resolution #C-177-19 was then put to a vote and carried. 4 Confirming By -Law Resolution #C-179-19 Moved by Councillor Hooper, seconded by Councillor Anderson That leave be granted to introduce By-law 2019-035, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 1 st day of May, 2019; and That the said by-law be approved. Carried 20 ClarWww-n 5 Adjournment Resolution #C-180-19 Moved by Councillor Neal, seconded by Councillor Zwart That the meeting adjourn at 12:12 PM. Chair Carried -5- 21 Municipal Clerk Special Council Minutes May 1, 2019 Integrity Commissioner 2018 Annual Report Integrity Commissioner for Durham Region and Brock, Clarington, Oshawa, Pickering, Scugog, Uxbridge and Whitby Annual Report 1. Introduction 1 I was appointed as Integrity Commissioner for the Regional Municipality of Durham and its local municipalities pursuant to the following by-laws' effective the following dates: Municipality Regional Municipality of Durham By -Law No. 58-2016 Date Passed Dec. 14, 2016 Effective Date Jan. 1, 2017 Township of Brock 2715 -2017 -AP Jan. 16, 2017 Jan. 1, 2017 Municipality of Clarington 2017-019 Feb. 27, 2017 Feb. 28, 2017 City of Oshawa 45-2018 April 30, 2018 April 30, 2018 City of Pickering 7538/17 Jan. 16, 2017 Jan. 1, 2017 Township of Scu o 15-17 March 6, 2017 Jan. 1, 2017 Township of Uxbridge 2017-085 June 26, 2017 June 26, 2017 Town of Whitby 7234-17 Feb. 21, 2017 Feb. 21, 2017 In appointing me all of the local municipalities relied on the Region's Request for Proposal 1042A-2016. Consequently, it makes sense for me to present a joint annual report. However, the different effective dates mean that I have not served each municipality for the same length of time. For the sake of consistency, I issue these reports on a calendar year basis. This report covers calendar year 2018. I am not the Integrity Commissioner of the Town of Ajax, so Ajax is not covered by this report. The responsibilities of the Integrity Commissioner include: providing information and advice to councils and members of council on codes of conduct and the issues arising under them; providing advice to councils on other policies and procedures that relate to the ethical behaviour of members; providing information to the public on codes of conduct and the obligations of members under the codes; submitting an annual report to Each municipality has adopted its own Code of Conduct for Members of Council and separately appointed me as Integrity Commissioner under section 223.3 of the Municipal Act, 2001. Integrity Commissioner 2018 Annual Report 22 Integrity Commissioner 2 2018 Annual Report each council; and conducting independent investigations of complaints alleging that a code of conduct has been contravened. 2. Guidance and Advice While the Integrity Commissioner's independent investigative role is extremely important, it has been observed that the investigation of potential contraventions is a last resort. Ideally, members should act ethically and in compliance with codes so that a contravention never occurs. To this end, the Integrity Commission plays a vital "proactive" role, providing advice and guidance to promote ethical compliance across the Region and the local municipalities. One of the Integrity Commissioner's roles is to provide confidential guidance to individual members of councils. While all members of councils are encouraged to reach out to the Integrity Commissioner, some seek guidance while others do not. In 2018 1 provided guidance to two different council members from one municipality. I also provided guidance to the administration of some municipalities: x I provided guidance, which eventually was shared with all municipalities in the Region, on the relationship between an integrity commissioner's Bill 68 responsibility to provide written advice to council members on matters that include Municipal Conflict of Interest Act compliance and an integrity commissioner's Bill 68 responsibility to consider applications alleging contraventions of the MCIA. x I provided guidance to a municipality related to the application of the code of conduct to election activity. x I provided guidance to a municipality on sharing information (or, more precisely, the importance of not sharing information) about specific by-law enforcement files. x I answered questions from several municipalities on the portions of Bill 68, the Modernizing Ontario's Municipal Legislation Act, 2017, related to codes of conduct, integrity commissioners and the Municipal Conflict of Interest Act. 3. Internal Outreach, Education and Training During 2018, 1 conducted the following internal outreach, education and training: x December 6, 2018, Town of Whitby, Council Orientation x December 6, 2018, City of Oshawa, Special Council Meeting — Education and Training x December 7, 2018, Municipality of Clarington, Council Orientation Session Integrity Commissioner 2018 Annual Report 23 Integrity Commissioner 2018 Annual Report 4. Complaints and Investigations K, An important component of the Integrity Commissioner's role is to receive complaints (from councils, members of councils and members of the public) and to conduct independent investigations to determine whether contraventions have occurred. In the event of a contravention the Integrity Commissioner makes a penalty recommendation (reprimand or suspension of up to 90 days' pay) to council and council has sole responsibility to decide whether the penalty should be imposed. Not all complaints are investigated. Some complaints relate to rules and laws (e.g., Municipal Freedom of Information and Protection of Privacy Act) other than the Code of Conduct. Some complaints fail to contain sufficient grounds to investigate. The Integrity Commissioner may also decline to investigate if a complaint appears to be frivolous, vexatious or made in bad faith. I issued a total of two investigation reports covering complaints received in 2018. One of those investigation reports was issued in 2019. Regional Municipality of Durham Township of Brock Municipality of Clarin ton _gi!y of Oshawa City of Pickering Township of Scugog Township of Uxbridge Town of Whitby The above table that does not include complaints that were not investigated because either they did not provide grounds for investigation or they were withdrawn. For example, I did not investigate a complaint alleging that council members contravened the code of conduct when they failed to accept invitations to various meetings and public gatherings. Also, as Integrity Commissioner I am often copied on emails that members of the public send to council members and other municipal officials. Under the Municipal Act, in 2018 1 only had jurisdiction over code of conduct complaints and therefore did not respond to communications that did not fall into this category. Integrity Commissioner 2018 Annual Report 24 Integrity Commissioner 2018 Annual Report 121 To promote transparency, I now attach to each investigation report a statement of the time spent on the investigation and the total cost to the municipality. To my knowledge I am the only Integrity Commissioner in Canada who does this. 5. Public Outreach Another important role is to provide information to the public about codes of conduct and the obligations of members under the codes. This involves direct contact with members of the public and on occasion with the news media. While accessibility to the public is an essential aspect of my role, there are certain boundaries that I do not cross: x I cannot assist anyone to draft a complaint against a member. I limit my role to sending out copies of the Code of Conduct and the Complaint Protocol. x While I can give general information about the Code to the news media and public, I cannot comment on specific cases, real or hypothetical. The only individuals to whom I provide specific advice in individual cases are the individual councillors. x Similarly, I will not give advice to one member of a council concerning the conduct of another member of a council. x I will not comment to the news media on the conduct of an ongoing investigation, nor even whether an investigation is occurring. Once a report to council is submitted, I let the report speak for itself and will not answer news media questions about it. An exception is made if a council instructs me to explain my report to the media. x If a news media inquiry were to relate to a municipal program or service, then I would refer the journalist to the appropriate municipal spokesperson. 6. Bill 68 (changes effective March 1, 2019) Effective March 1, 2019, important changes to the Municipal Act include the following: x It is now mandatory to adopt codes of conduct applying to council members and members of local boards. x Requests by members for an Integrity Commissioner's advice, and the Integrity Commissioner's responses, must now be communicated in writing. x A new section of the Municipal Act permits an elector or other person demonstrably acting in the public interest to apply to an Integrity Commissioner when the applicant believes that a council member or local board member has contravened the Municipal Conflict of Interest Act. While these changes were not in effect during 2018, municipalities and I spent time during the year preparing for the March 1, 2019, effective date. Integrity Commissioner 2018 Annual Report 25 Integrity Commissioner 5 2018 Annual Report The statutory process for filing an MCIA application with the Integrity Commissioner is different than the process for submitting a code of conduct complaint. For example, the applicant must include "a statutory declaration attesting to the fact that the applicant became aware of the contravention not more than six weeks before the date of the application." The legislation does not require that a specific form be used to make an MCIA application, but the legislation does require that the application include required content. Attached is an application form that covers all the content required by legislation. Municipalities that have not already done so (or issued a similar form) make wish to make it available 7. Access to Integrity Commissioner Reports Subsection 223.6(3) of the Municipal Act provides that "The municipality and each local board shall ensure that reports received from the Commissioner by the municipality or by the board, as the case may be, are made available to the public." Some municipalities make the reports public only by including them in the online agenda packages of the meetings where the reports are considered. A few municipalities devote a Web page (or portion of a page) to the Code of Conduct and the role of the Integrity Commissioner, and post any reports there. While the Municipal Act does not specify how municipalities are to make reports public, the latter approach is obviously more transparent than the former. As a separate initiative, the Canadian Legal Information Institute (CanLll) is working to include integrity commissioner reports in its free, public, online database of Canadian legal decisions and authorities. (CanLll is a non-profit organization engaged by members of the Federation of Law Societies of Canada to establish a virtual library of Canadian legal information.) The collection of integrity commissioner reports, which is continually being updated, as available here: https://www.canlii.org/en/on/onmic/ At the time of writing, the collection includes seven reports involving the Region and its local municipalities. Respectfully submitted, Guy iorno Integrity Commissioner for Regional Municipality of Durham, Township of Brock, Municipality of Clarington, City of Oshawa, City of Pickering, Township of Scugog, Township of Uxbridge, Town of Whitby May 7, 2019 Integrity Commissioner 2018 Annual Report 26 Application for Inquiry into Alleged Contravention of Municipal Conflict of Interest Act About the Applicant Full Name Address Phone Email Applicant is (check one): [ ] an elector in the municipality where the Member of Council holds office [ ] an individual demonstrably acting in the public interest [ ] a corporation (including a municipality) demonstrably acting in the public interest Where the Applicant is a corporation please identify its authorized representative for purposes of this application: About the Allegation Name of the Member of Council who is the subject of the allegation (complete a separate form for each Member who is the subject of an allegation): The Applicant alleges that the Member contravened the following sections of the Municipal Conflict of Interest Act (check all that apply): [ ] section 5 [ ] section 5.1 [ ] section 5.2 27 The following are the Applicant's reasons for believing that the Member has contravened the above section(s) of the Municipal Conflict of Interest Act: (If more room is required then please attach additional sheets that set out the reasons in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact. If you wish to include exhibits to support this application then please refer to the exhibits as Exhibit A, B, etc., and attach them to this form.) PLEASE READ BEFORE SIGNING: If the Integrity Commissioner launches an inquiry into an allegation then the content of this form, including the Applicant's identity, will typically be shared with the Member who is the subject of the allegation. Also, information on this form and information obtained during the inquiry, including possibly the identities of the parties involved, might be disclosed in the Integrity Commissioner's published reasons at the end of the inquiry and might be disclosed in an application to the Superior Court. Only sign this application form if you understand and accept the potential for disclosure of your identity and the information you provide. The Applicant applies to the Integrity Commissioner for an inquiry to be carried out concerning the alleged contravention: Signature of Applicant Date (or of representative if Applicant is a corporation) Personal Information on this form is collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act and Part V.1 of the Municipal Act and will be used by the Integrity Commissioner to consider this application and to conduct an inquiry into it. Questions about the collection of this information should be directed to the clerk of the municipality. Note: The statutory declaration on the next page is a mandatory part of the application (required by the Municipal Act). It must be declared before a person authorized to take declarations in Ontario (including any Ontario lawyer). WY --7 I, DECLARATION Required by subsection 223.4.1(6) of the Municipal Act (insert full name), of the etc.) of (specify municipality), (add province/country if outside Ontario/Canada) solemnly declare that: 1. I am the Applicant. 1. The Applicant is a corporation and I am its authorized representative. (strike out the line above that does not apply and initial the striking out) (city, town, 2. I attest to the fact that the Applicant became aware of the Member's alleged contravention of the Municipal Conflict of Interest Act not more than six weeks before today. 2. [In a municipal election year:] I attest to the fact that the Applicant became aware of the Member's alleged contravention of the Municipal Conflict of Interest Act within the period of time starting six weeks before the fourth Friday of July, and ending on voting day. (strike out the paragraph above that does not apply and initial the striking out) 3. I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath. DECLARED before me at the of this day of 20 A Commissioner, etc. 29 Applicant or Representative Monday, May 13, 2019 DURHAM REGIONAL POLICE SERVICE Leaders in Community Safety P.O. Box 911, 605 Rossland Road West, Whitby, Ontario, L1N OB8 Phone 1-888-579-1520 Fax (905) 668-5697 Anne Greentree, Clerk The Municipality of Clarington, 40 Temperance Street BOWMANVILLE, Ontario LIC 3A6 Paul Martin - Chief of Police Chris Fernandes - Deputy Chief of Police To the Governing Municipal Body: RE: THE IMPLEMENTATION OF A COMMUNITY NEIGHBOURHOOD WATCH "Newport-Pebblebeach Neighbourhood Watch" Through the implementation of Crime Prevention Programs, dedicated community volunteers work with police to help reduce crime in their communities. One such "Citizen Involved" Crime Prevention Program is Neighbourhood Watch. It is a program which employs an elegantly simple technique of "neighbours looking out for neighbours" to reduce threats of crime against potential victims. This letter is to introduce you to a group of concerned citizens who want to get involved in such a program. Through persistence, devotion and hard work, these people have made an honourable effort to form a Neighbourhood Watch within their community. They have met all criteria as set out in the Durham Regional Police Service "Neighbourhood Watch Guidelines" and have received a commitment from their fellow neighbours of at least 51 % participation. In so doing, they have demonstrated their understanding that Crime Prevention is not just a job for a few professionals. Rather, the attitude and involvement of these citizens proves their genuine concern to work together to make our community a better place to live. The Durham Regional Police Service endorses this new organization as an official Community Neighbourhood Watch. It is recommended that they be granted permission to erect approved Neighbourhood Watch signs in their area as a crime deterrent. A map outlining proposed sign locations will be forwarded under separate cover. Yours in Crime Prevention and Safety, �L-� � Pe ��� Morgen Dobson #1150 (mdobson(afts.ca) Durham Regional Police Neighbourhood Watch Coordinator Cc: Mayor Adrian Foster, Ward 1 Councillor Janice Jones& Regional Councillor Joe Neal, c/o Clerk Anne Greentree Mr. Slav Potrykus, Municipality of Clarington Traffic Coordinator Inspector Chuck Nash & Staff Sergeant Steve Lawson, East Division Leadership Team Sergeant James Lamothe & Constable Steve Finnegan, East Division Community Resource Unit Sergeant Ryan Rayner, Community Safety Branch & Constable Darryl Rice, Crime Prevention Officer Mr. John Lewis, Chair, Newport-Pebblebeach Neighbourhood Watch 30 �.. lfEV1UNGNAY DRIVE Ira )� Q 73 49 4745 75 46 w 4M1 7 77 44 A3 Penr l2T'�`4 ti TB f9 so 74 8T 4Q X 19 72r 2 �3 5 C g3 7- B9 39 CO 37 124 qw i23 ar a vv n n 35 3a tej Q 35 a= 129 125 y x 2a 5 91 4� - 27 4 29 z5 $5$ 9a z4 a 2322 PEBBLEBEACH —z— 19 1B - 18 N 17 N 5g q W 15 69 sT �1 NE'NPQRTAVE Q 9 0 N � Q ] 2 A�•M'm iN [�N m � 8 LL! I 6 z i Q ❑R ` 21 25 23 •25 _ 2 SUMMERLEA a 21 ® 24 CT0U1 1sT irl 97 �� 1i t7 t5 G7 74 F L 12 73 tt a in 4 1Q m g 7 TURNBERRY CRESCENT Ei- RSTREET 7�0-1 p E V MotherTeresa Separafe 41 THORNBUF Elementary School 1 31 GLEN EAGLES q 11 Clarington Museums & Archives Meeting of the Board: April 10, 2019 MAC Meeting Room 11C, 163 Church Street, Bowmanville, Ontario Present: A. Foster, S. Middleton, M. Morawetz, S. Reiner, M. Ross, K. Warren, H. Ridge (ED) Regrets: A. Anderson 1. Call to Order: K. Warren, Chair of the Board, called the meeting to order at 7:02 pm 2. Adoption of Agenda: Moved by: S. Middleton Seconded by: A. Foster THAT: The agenda be approved. MOTION CARRIED 3. Disclosure of Interests: None 4. Delegation — Rob Groen, Supervisor, Buildings and Property R. Groen came as a delegation to discuss Museum building maintenance scheduled for this year, as well as projects for the next few years. Maintenance this year will include structural repairs in Waverly Place, including work in the upstairs rooms, beams in the basement and other conservation efforts to the porch and balcony. The Clarington Heritage Committee and Municipal staff representatives will be consulted Several training opportunities associated with the Municipality were brought up including: a Training and Information day for Municipal boards, CPR/AED, Asbestos Awareness, Food Handling and Ladder Safety. R. Groen mentioned that the walkway that connects the Sarah Jane to Waverly Place would be the next large project that may require additional funding. Action: That R. Groen contact the Heritage Committee in order to get their input on a better material for the finials on the porch balcony. 5. Approval of Previous Board Meeting Minutes: Moved by: S. Reiner Seconded by: S. Middleton THAT: The minutes be approved. 32 1of4 MOTION CARRIED 6. Business Arising from Minutes: None 7. Correspondence: 1) Letter from S. Jethalal sent on behalf of the Minister of Canadian Heritage and Multiculturalism regarding the Museums Assistance Program, March 13, 2019: Through a grant, applied for by Curator J. Steen, the Museum will receive $50,000 towards obtaining compact shelving, which will allow the Museum more space to store artifacts. 2) Letter from J. Roantree to Chair, March 22, 2019: Inquiring about collections policy. J. Roantree's correspondence was recieved and discussed. K. Warren proposed a response to the letter, as well as a conference call. 8. Announcements: H. Ridge (ED) reminded the Board of the volunteer appreciation Clue event the following night from 6:30-8 PM, and invited Board Members to attend. 9. Reports: a) Finance: H. Ridge requested motions regarding new signing officers required with the appointment of the new Board. Questions were asked regarding the types of reserves that the Museum currently has. H. Ridge confirmed that all bequests were included in the reserve funds. K. Warren brought up potentially exploring the idea of placing some funds into a GIC or other investment account. Moved by: A. Foster Seconded by: S. Middleton THAT: M. Morawetz be removed as a signing officer. MOTION CARRIED Moved by: M. Ross Seconded by: A. Foster THAT: S. Reiner be added as a signing officer. MOTION CARRIED Moved by: M. Morawetz Seconded by: S. Reiner THAT: The Museum release non -restricted reserve funds in the amount of $15,000 for the Museum's contribution to the Museum Assistance Program (MAP) grant project. MOTION CARRIED Moved by: S. Reiner Seconded by: S. Middleton 33 2of4 THAT: The Finance Report of April 2019 be received. MOTION CARRIED b) Membership: A question was asked regarding the availability and ease of access of the Museum's membership information. H. Ridge mentioned that all of the benefits and cost of being a member is listed on the membership forms that can be found at the front desk of the Museum. Action: That H. Ridge research past membership numbers at the Museum. Moved by: S. Reiner Seconded by: M. Morawetz THAT: The Membership Report of April 2019 be received. MOTION CARRIED c) Property: S. Middleton asked for an update on the accessible washroom project. K. Warren indicated that the project was not finished yet, but that it should be completed by the next Board meeting. Moved by: S. Middleton Seconded by: M. Morawetz THAT: The Property Report of April 2019 be received. MOTION CARRIED d) Curatorial: Item 1.3 of the Curatorial report, regarding the Visual Arts Centre exhibition, was noted. The art exhibit will include some items that were deaccessioned from the Museum's collection. H. Ridge, J. Steen and K. Warren are able to answer any questions regarding the de -accessioning process. Moved by: M. Morawetz Seconded by: A. Foster THAT: The Curator Report of April 2019 be received. MOTION CARRIED Moved by: M. Ross Seconded by: S. Reiner THAT: The Deaccession List 3 be approved. MOTION CARRIED e) Programming: Moved by: S. Middleton Seconded by: S. Reiner THAT: The Program Coordinator Report of April 2019 be received. MOTION CARRIED 34 3of4 f) Executive Director Report: Susan Laing, a former member of the now disbanded "Friends of the Museum" group which operated to support the Museum through fundraising initiatives, stopped by the Museum to discuss closing a bank account and donating the remaining funds to the Museum. H. Ridge suggested putting forward a few options of projects for the funds. S. Reiner asked if all reports could be accepted at the end, instead of each one as we go along. A. Foster mentioned a consent agenda, where the Board would only bring up items that it specifically wanted to talk about. Moved by: S. Middleton Seconded by: S. Reiner THAT: The Executive Directors Report of April 2019 be received. MOTION CARRIED 10. Strategic Plan Working Group: S. Reiner distributed a timeline for Strategic Planning meetings to all members. She reminded the Board that the new Strategic Plan would require Board approval by June 6t" 11. New Business a. Strategic Planning — SWOT Analysis The Board participated in a SWOT analysis to identify what they believed were the strengths, weaknesses, opportunities and threats surrounding the Museum. 12. In Camera None 13. Date and Place of Next Board Meeting: The next meeting will be held on May 8, 2019 at 7 p.m. Location: MAC Meeting Room 1C, Bowmanville Library 14. Adjournment: Moved by: S. Middleton Seconded by: M. Ross THAT: The meeting be adjourned at 9:31 p.m. Minutes for the meeting of the Clarington Museums and Archives Board have been accepted and approved on Chair, Clarington Museums and Archives Board Executive Director, Clarington Museums and Archives 35 4of4 Clarington MINUTES UDIWPLWIIWWDSSURBRRPPLWWH 3UVI PDQMJWLI-LPI%DW03DfADPORRE-ORU-DCFH -RUJ UBWU@LFN6WRFN PDEBEWUV 51MUWV OBLD&ODVVRIZOILBGLFBIUSODVVRIZOILB$IBIOG ORWHVRUWBELDJBV 6WD113UW 5ROEULJW5REUPQ .ULWLIAOLBUM 3WHLQOI 1. Agenda 0 RMLPRDWEIRWaLFN6WRFNPDQ 2. Minutes of January 17, 2019 0 R&HUBWUBR%LPRDWH 70EWWRLWRIW1$65PWLCBB©DIRUESSSURB 36 3. Presentations CLOCA Conservation Lands Master Plan -DP LBKBM JRPW®WUDOD NEWDULR&R@®WLR612&$)WWEA WRSURKBQMVRI&2&IgR@MWLR(IM)WH30DU FRPSUVOWUDWIiLFBFRWFUBWBWRSURWRWFR@MQWRUH WRRORJLFDOIBWNBIMWLREIIRFLDWBVVKWUDODNEWDULR &R@MWLRIRErMWLRQDHIONKGQZV RNUWD61RWWLD0110 NH SHOLFRIWBDIIRIRWDWLRD/VWEIKOLFDWDNROSMEHM FRBWBWR@WVBDWU30DeNVWINIV MWRUI)OWLSDO SDUWEIV &2&ltBEkDQJRMRWDUIRIEKJRe WDOOHWLM ODQFURWKUOWUMDQUU HUBWRDVR@IOWLRQUBV DEWIKRSiODWLRMJRZIWBDIRURNJU@DFWUDLODQWNH DSSURLDWLRBtYQU8VUQLFDWO\ 701DWU30DQNWRSURKBVURRIBWLVRKEOEWKWK &2&0WUB131OOJK WKDQJRWD$I&2&!V FR$MWLRQDMOGaWL07HWWLRCWRFR@]lWNDO IBW>UMNLRBOWLOOSURKGOFRPSDWLEOFSJIIMOLWY M1RU 13dL13M jz00RZ(I WEIUWDWLRMfRRPPLWWBME WLRUIADUEM FE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1111 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ DDDDDD MOOD ❑ ❑ ❑ ❑ ❑ ❑ ❑ m ❑ ❑ 1111 ❑ ❑ ❑ ❑ 11111111 ❑ ❑ ❑❑ ❑ ❑ 1111 ❑ C ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑m❑❑❑❑ELL ❑❑❑❑❑ ❑]❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑MLL1 LL] LELLLELL] LL] LL] LL] LL1 LL1 LL] =UUnUHQ ❑ ❑ LL ❑❑ ❑ ❑ ❑ LL ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LL ❑ ❑ DEEDED ❑ DDODEEE ❑ DOE DDDEDDEED DEED ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ C EE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ m❑ ❑ ❑ ❑ D ❑ ❑ MI®FTI = FTI ®®[E[EEl[E]®FM®®TT ❑ ❑ ❑❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑] ❑❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ m❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ C IFI ❑ ❑ ❑ ❑ ❑ EE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 4. Discussion Items Winter trail maintenance, Waterfront Trail Signage, Trail Stop Signs -LPI%DWUBUFWffgVUPDLUVQE33UDFWLFialRPMUREM PEFLSDOLWLXJWBWIIWJZWHWUDLOP DLOJEJE,MODUL(WVRHMG EIRIdDJRRUMP LODUWRRWKPVFLSDOLWLV81=10DONE\ SFKORBPRIWKUSDNUDLOV 2SHDWLRWDIIBEIWSUWDWWK PWLaENA IMPLWWBUBRUWLQUR1410LMWRRWRI 37 A M . • • 111 111 ` . ,• 111 . , • III .•.' • ' ' � 1 11 ., • ' • 111, ♦ ' �•. • N 1b . • a �• lu . 1 • IVAJA '�� �� 1 • 7 KH •`i i' . ,I.1 • VVRS NU (N LQ iT• WtT -VRQ DVV I•• MG ' Q V ZOV DCYvR M JC • 11i vLJ • MR 17 • � ' • LN" I •, WfLJCV . IU ,1, . 11 •, . U=vWU1 PES 1' •, K .'S► ' •. D 1I ,' • PIJ W.1 • VVRS NU • . 11„ 111 '• ''t• IG NWLU .•G 11 .• • )KI I W •, • •, •• .' PNJTUDCLW '• •C • VKRVK 23*TV CEQG•11.• U Ell DMNIUG•1I.• • •:HFU FJ BLU;VV RU : 5 7 WX• I CDV" • Sport & Leisure Fair 26MODUFM3D?,DPOBpDlQUUWUWDIIHI$65ERRWRW WBIODULONR66RUWIJMPLUBOWWEIUW5LFNDUSRPSOYN IDLUOBODWWIM5ERRWKMERUPDWLRQDPSBWV UIiDUGffJRUBWLRQOWUDLODIURDEDUWFRPPM/BQRDBWFKK ELFFOBLJWJLEON 9RSIDDUD$ISBRRWLMjHWLQVE1RRWK 7RBSSURPRW$IWLIKJDBRUWDWLRQGDIERDWRRPPLWWRDQ FRRWRDWWEkWKSFRPLIIFRPPBNV@VIVWF-WW065 MULDHLODEOWRHWWg MKVIWINWWRRPPLWW9V ❑] ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ DDD ❑ ❑ DDLLLLLLLL ❑ ❑I ❑ ❑ ❑❑❑ ❑] ❑ LILL ❑ Ell ❑❑1111❑11❑❑❑111111❑❑11111111111111m 11111111❑❑m❑1111111111❑❑❑❑❑❑ ❑❑1111❑❑❑1111❑❑1111❑❑❑1111 Ell ❑ EE ❑ ❑ m ❑ ❑ ❑ [Di ULI [iii [DI E [M WLERR@gLO03DU N REB FRIDBBJRRWIRUDS65ERRWBiSSURpWWHQ IUBMPLORULW8iRBSSRUWWMR DQ SURPRWUIWVDURIQ YRROV Farewell Creek Trail Phase 2 -Update 36EHS@SSUROUNDS LWDOEMWIRUFRWUKWLROKOLF 2SEMBaDU FWRGSODWHU RSRIBRMIBQRHMNOLF IBDFNORWRIWREDWWIIHMRURIWWUDLORMIRPH UWWUWWMMIEQIWKRWBURREIUQERN/WHURSPLWRIWK WUDLOWRWBUUBUDUD XQL(1WDIIPWRQ WBWWHWWUQIWH&RMWLFBIRBILORUV RQWBIWURRRI$ULOWRGVWKUFREIJVKWEMiA/B W .. • 11, 1f • ,7111 .. WFLU , U-GV •11 • •• I, II . 1f• • II 11, ' • • •" 1 1 11 •, • VK)WVELV . F I. • N VVH-BIIU ' • &' • • W f I •E• VKH LPSGTfWR(X . . r 11 Ir •1 VKH Ir ) • LJQ VKH U-M UMLWU K(� Traffic Calming Safety Initiatives 5REUWtWQGMUDIILFFDOPLaLiYWLDWLIROGWLRQO ORFDWLRIRUIOPEOBROCEMBEbWDOOEgMLIIEROOD UB LWDOOBWOULRBRFDWLREWREFLSDOLWB VRLMRUWLNBDFN IURPWRRPPEYVVEIRFDWLRiiN00EHWDOOWDUWLIILQDW$IULOBUO\ ODPDSDWWDFWWLSDOLWLIFROORWLaBWDKWJDDUPBJH ERDUWRVYHPLWWIWLIRIWBROODUB 7RRPPLWW6iii>fila[GWLRQIDQWl4EROODUBMOGFXRJ5RDG IRRISI&RE;kdREiRDEMDIOPEOBROODUORFDWLRCWIMWZ00 EHHWDOOBQ Nash Rd at 418 Drainage Issues � LEILQWDIISIORHBFRPSODLUVIURPDUWWDERNISRRUODLQJH DEROMWHEBRIDI$UL(ERCDERDERRUVUDFWRUF-00 EHFIKUVIRFRUURWWBDLQJLWKWPUDVVKRD®OOERORB IRUM DOfIIli' 9RPSOWWKI7WLRE111 DRRDSOODFFRPPR13WH D PJ0W LHDW KB RZ/E1U L® -I Durham Active Transportation Forum 7MLR[IKWL(WVK NEIP$WLVKJDRRUWDWLRflUR R$IJLOIURP DPSPDWW$IDNRWLR611VUBMDOPREUiRIWK FRPPLWWIItNUEHWVLQWWEWMLRERMUPWBEWDQ LVVUWVE3RPPLWWRREUVDQWWMVRWUNLWUL(D 5. Other Business XEILaWDIISURKB DWRMfMEDMOOBDOOMDLOVVNRQ IURPDBLSRDWRWBWUIURMf7UDL07WUDLOI&J[VRPSOWBW BUWLOODLWL(DRUIRUPDODSSURMOIURP0721RUWWUDLOE13RZIK 2UIDULRL/N6RPLWRPDU13WDFROORWBZII :UHDUDWBLNH IDFLOLWL9701%RNPOOEBDWBQBBiMUOEWKMURQ! WRLM(HEIWLRWRLPSURBIWIRUFFOLWVRUHMUPDWLRCWMDFB &RPPLWWRREUWRTIRRWR50LRDO&RMORUi/1IWLMJBWLRQ RISBLPLWR6WLREkINU RPWR.3+ 39 6. Next Meeting 7F/U=DUPWLaLEWERU Thursday, September 5, 2019DW SPL6RRP& 7. Motion to Adjourn ORMHUBWUVR%BE kIV 70EWWRWLaDIRRHOW 30 &DUULB HE Potential Flex Sign Locations 2019 laringto n Ontario Cvclist Summit 2019 Intro/Share the Road Cycling Coalition Dutch reach may be added into new drivers instruction Expanding Bike Lane Conversations: Exploring the Infrastructure And Social Dimensions of Safe Streets (Jay Pitter, Placemaker & Author) Provincial Advocacy Teach the Reach bill Paved shoulders on provincial roads Clarification riding 2 abreast Emobility regulations update Cycling education Transportation funding Pride Bike Events for LGBTQ Hamilton Consider All Issues Increase inclusivity (encourage minorities, safety, accessibility) Recommendations Design not neutral (different social status, cultural background) Building Safer Streets (moderator: Dave McLaughlin, WSP Canada) Cycling on the Menu Had highest volume of cyclist for any cycling infrastructure installed in city Collisions decreased significantly after cycle track installation Cycling and the MTO (Muktha Tumkur, Ontario Ministry of Transportation) Province wide cycling network Bikeways Design Manual - MTO Design facility on provincial roadways (book 18 is for municipal) Revisions to bike sign policy Updates for cycling incorporated in OTM Book 18 and BDM Mapping of cycling sections on provincial highways (online) Cycling and Design Workshop with the Association of Pedestrian and Bicycling Professionals (APBP) Benita van Miltenburg, City of Guelph Cycling infrastructure at intersections (bike boxes etc.) How to modify left turns for cyclists at big intersections Observations and counts revealed a lot of cyclists walking bikes across/waiting for pedestrian signals/using sidewalk Design: Bike area Pedestrian crossing All cycling traffic moves counter clockwise Avoids biking on sidewalks and on crosswalks https://www.youtube.com/watch?v=Kkeed6HVJX4 https://www.youtube.com/watch?v=P39KJ2LYWG8&feature=youtu.be https://gueIph.ca/living/getting-around/bike/cycling-facilities/#!tab5 James Schofield and Jason Neudorf, WSP Canada Unpacking the Protected Intersection 1. Forward Stop Bars Clarftwn Clarington Diversity Advisory Committee Wednesday, March 27, 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 Ashfaque Choudhry Rajeshwari Saharan John Sawdon Derryck Lamptey Also Present: Lee -Ann Reck — Client Services Manager Regrets: Kenneth Ilechukwu Dorothy Koziorz Rachel Traore Erica Mittag — Community Development Coordinator 1. Meeting called to order at 7:10 p.m. 2. Review and approval of Agenda 3. Review and approval of previous meeting minutes 4. Land Acknowledgement Statement x Committee is still developing the Land Acknowledgement Statement and would like it to be vetted and approved by Indigenous leadership and have it tabled for Council's consideration. Consideration should be given to when it should be read (i.e. Events, meetings, committees, celebrations, etc.) x Reviewed and suggested using the Visual Arts Centre of Clarington Land Acknowledgement statement x Councillor Ron Hooper will connect with the Visual Arts Centre for their contact 5. Committee Mission and Vision Statements x Committee continued strategic planning exercise x Discussed "who we are" and "what we do" statements x Brainstormed and edited the wording of the statements x Committee members who were present appreciate and would like the feedback from other committee members who were unable to attend the meeting x Proposed statements will be shared by email for review at next meeting 6. Other Business x No other business 7. Meeting Adjourned — Moved by Derryck; seconded by Laila Next meeting: Wednesday April 24, 7:00 PM Municipal Administrative Centre, Room 1A 47 Draft minutes — Not vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD TUESDAY APRIL 9, 2019 7:00 PM Present: Rod McArthur Kate Potter Leo Blindenbach Patrick Bothwell Regrets Staff Present 1. AGENDA Brian Reid Councillor Corinna Traill Peter Windolf Tom Hossie Tyson Brooks Meaghan Vandenbrink Evan King MOVED: by Patrick Bothwell SECONDED by Leo Blindenbach THAT: the agenda for April 9, 2019 be accepted with the following additions; March 29 clean-up, bird box cleaning. CARRIED 2. MINUTES OF PREVIOUS MEETING Approval of Minutes MOVED: by Rod McArthur SECONDED by Tom Hossie THAT: the minutes of March 12, 2019 be approved CARRIED SWNA April 2019 minutes 3. UPDATES Spring Clean-up Saturday April 27 at 10:OOAM The annual spring cleanup of the SWNA is scheduled for Saturday April 27 10:OOAM - Noon. It is taking place in conjunction with Clarington Operations Clean Sweep day. Volunteers will meet at the Toronto Street parking lot. Bags will be supplied for volunteers and a BBQ lunch will follow at the Admirals Walk Clubhouse. Kate, Patrick, Meaghan, Tyson, Brian and Tom have said will be able to attend. Rod and Leo will be participating with the Port of Newcastle and Bond Head cleanup. OPG Pollinator Planting event Saturday May 25 at 10:OOAM In 2017 and 2018 OPG provided funding for the purchase of pollinator plants to enhance monarch habitat in the Port of Newcastle Waterfront Park and the SWNA. OPG invited the SWNA to apply for funding this year in a different manner through their Darlington Nuclear Corporate Citizenship Program. An application was submitted by the municipality on behalf of the SWNA. OPG has provided confirmation that the grant will be approved. The Pollinator Planting Event is scheduled for Saturday May 25 at 10:OOAM at the Port of Newcastle Waterfront Park. The planting zone will be extended east from where it ended last year. Friends of Second Marsh Festival May 25, 10:OOAM-3:OOPM Friends of Second Marsh in partnership with General Motors of Canada will be hosting a Feathered Friends Festival at General Motors of Canada head -quarters overlooking the McLaughlin Bay Wildlife Reserve and Second Marsh Wildlife Area in Oshawa. The event is a festival celebrating the return of migratory birds. The theme of the event is birds and all aspects related to birds (feeding, viewing, landscaping, etc.). The SWNA has had a booth at the festival for the last two years and hopes to participate again in 2019. The schedule of the event conflicts with the Pollinator Planting event which many members will be attending. Confirmation of who will attend will be made at the May 14 meeting. iNaturalist Project iNaturalist is a citizen science project and online social network of naturalists, citizen scientists, and biologists built on the concept of mapping and sharing observations of biodiversity across the globe. iNaturalist may be accessed via its website or from its mobile applications. The app can be used for scientific research, or more casually. Tom Hossie has set it up for the SWNA as a "Collection" style project so that any observations submitted to iNaturalist within the SWNA are automatically compiled. 23 observations of 20 species have already been submitted through the app. Anyone interested in reading more about iNaturalist projects can find it at: https://www.inaturalist.orl4/projects/samuel-wilmot-nature-area SWNA April 2019 minutes Tom has also set up a Flickr group for the SWNA where people can share photos of the SWNA, however iNaturalist is probably the better platform for the committee to use. x https://www.flickr.com/groups/samuel wilmot/ The June 11 SWNA meeting will be on-site and Tom will demonstrate the use of the app. Future events may be scheduled to introduce the public to the app. Fishing line disposal signs A March 12 article appeared on the DurhamRegion.com news site reporting that at least two dogs have ingested fishing line with hooks at the SWNA. According to the article the same thing has happened to dogs at other popular fishing locations in the Region. Six laminated notices including an x-ray image showing fishhooks inside of a dog have been mounted around the SWNA to encourage anglers to dispose of excess line and hooks properly. MRN Rangers potential 2019 project Should the MNR Rangers be available to work at the SWNA this summer they will assist with re-routing the worn path leading down to the barrier beach from the Lake Meadow Trail. The bluff adjacent to the worn path has eroded significantly since the path was last re-routed several years ago. March 23 Fishing line Clean-up In response to the article reporting that dogs have ingested fishing line with hooks at the SWNA a clean-up was hastily organized on-line and was attended by 13 residents. Annual Bird Box clean out Brain, Leo and Rod cleaned all of the bird boxes. All but six appear to have been occupied in 2018. 4. OTHER BUSINESS Jocelyn Whalen has moved back to BC for a new job and has resigned from the committee. The Clerks Department will be asked to fill the vacancy. 5. MOTION TO ADJOURN MOVED: by Patrick Bothwell SECONDED by Tyson Brooks THAT: the meeting be adjourned. Adjournment 8:00 PM Next Meeting: May 14, 2019 CARRIED 50 Ciarftwu General Government Committee Report to Council Report to Council Meeting of May 21, 2019 Subject: General Government Committee Meeting of Monday, May 6, 2019 Recommendations: 1. Receive for Information (a) 8.1 Minutes of the Newcastle Community Hall Board dated February 19, March 19 and April 23, 2019 (b) 8.2 Minutes of Tyrone Community Centre dated March 20, 2019 (c) 8.3 Minutes of the Bowmanville Business Improvement Authority #19-22 dated March 12, 2019 (d) 8.4 Minutes of the Newcastle Business Improvement Authority Application dated February 14, 2019 (e) 9.1 Jerri-Lynn Levitt, Deputy Clerk, Municipality of Grey Q) Grant Highlands, Regarding Ontario Municipal Partnership Fund Application (OMPF) (f) ESD -002-19 Emergency Services Activity Report — Q4 2018 (g) ESD -003-19 Emergency and Fire Services 2018 Annual Report (h) Grant Grant Application #19-22, from the Boys and Girls Club of Application Durham #19-22 (i) Grant Grant Application #19-18, from Wind Reach Farm Application #19-18 Q) Grant Grant Application #19-19, from the Rehoboth Christian Application Reformed Church #19-19 (k) FND-012-19 Financial Update as at December 31, 2018 (1) FND-013-19 2018 Annual Investment Report (m) EGD -008-19 Uplands Sales Pavilion/Parking Lot Construction Status (n) LGL -004-19 Richard Ward Regarding Flooding in Kendal Page 1 51 � -N n I # I1' ITI General Government Committee Report to Council 2• Brian Ruck, Vice President, Transportation, GHD, Regarding Noise By- law Exemption Request That the request of Brian Ruck, Vice President, Transportation, GHD, for an exemption to the Municipality's Noise By-law 2007-071 for Highway 35/115 Bridge Rehabilitations from June 1, 2019 to November 30, 2019, be approved. 3• Gabriel Medel-Carratala, Design -Build Director, Blackbird Constructors 407 General Partnership, Regarding Noise By-law Exemption Request That the request of Gabriel Medel-Carratala, Design -Build Director, Blackbird Constructors 407 General Partnership for an exemption to the Municipality's Noise By-law 2007-071 for Highway 407 East Phase 2 from May 24, 2019 to November 30, 2019, be approved. 4• Thomas Gettinby, CAO & Municipal Clerk, Township of Brock, Regarding The Ontario Autism Program That the following resolution of the Township of Brock, Regarding the Ontario Autism Program, be endorsed by the Municipality of Clarington: Be it resolved that the Council of the Township of Brock, on behalf of the resident and the Corporation of the Township of Brock, request that the Province of Ontario pause the plan for the "new" Ontario Autism Program until meaningful consultation and analysis has taken place and revisions to the plan have been made that will have a positive impact on children and families across the Province of Ontario who are impacted by autism. 5• Linda Kent, Library Director & CEO, Clarington Public Library, Regarding Report FND-002-19, Budget Policy That Communication Item 9.6, Linda Kent, Library Director & CEO, Clarington Public Library, regarding Report FND-002-19, requesting a change to the proposed Budget Policy, be approved; and. That the $50,000 reference in Section 5.7 of the proposed Budget Policy, contained in Report FND-002-19, be deleted. For Council Meeting of May 21, 2019 Page 2 52 Ciarftwu General Government Committee Report to Council 6• Memo from Trevor Pinn, Treasurer, Regarding a Request to Release Funds from the Newcastle Business Improvement Authority Whereas the Newcastle Business Improvement Association (BIA) has requested funds from the Newcastle BIA Reserve Fund via letter, dated April 30, 2019, for funding year to year cash flows; And whereas the Municipality of Clarington considers the request not to be consistent with the intent of the "West End Bowmanville Funds" within the Newcastle BIA Reserve Fund; Now therefore be it resolved that the Municipality of Clarington denies the request of providing $10,000 from the Newcastle BIA Reserve Fund going to the Newcastle BIA for unspecified cash flow needs; and That Staff be directed to work with the Newcastle BIA to provide the option for an advance of annual levy in January of each year to provide working capital funds to the BIA, if required. 7• Servicing of Industrial Lands in South Courtice - Courtice Court That Council approve the recommendations contained in Report EGD -009-19, in principal, pending a written legal opinion from the Municipal Solicitor regarding the mechanism for ensuring that the money will be repaid to the Strategic Capital Reserve; and That the final agreements be subject to Council approval. 8• Rates and Fees 2019 to 2021 That Report CSD -003-19 be received; and That Council approve the proposed rates and fees as outlined in Attachment 1 of Report CSD -003-19 for the period September 1, 2019 to August 31, 2021 with the following change: That the Fitness Drop -In 10 visit passes be changed from $8.30/hour to $83.00/10 passes. For Council Meeting of May 21, 2019 53 Page 3 Ciarftwu General Government Committee Report to Council 9• Newcastle Youth Centre (6 month pilot project) That Report CSD -004-19 be received; That funds, as approved by Council as a part of the 2019 budget for the continued operation of the Newcastle Youth Centre for the remainder of 2019, be released to the John Howard Society of Durham Region; and That all interested parties listed in Report CSD -004-19 and any delegations be advised of Council's decision. 10. 2019 Community Grant Requests That Report CSD -005-19 be received; That Council consider all submitted grant requests; and That all interested parties listed in Report CSD -005-19 and any delegations be advised of Council's decision by the Department. 11. Bowmanville Horticultural Society Newcastle Horticultural Society Orono Horticultural Society That the Grant Application #19-11, from the Bowmanville Horticultural Society, be approved in the amount of $500.00 That the Grant Application #19-12, from the Bowmanville Horticultural Society, be approved in the amount of $500.00 That the Grant Application #19-13, from the Bowmanville Horticultural Society, be approved in the amount of $500.00 12. Tyrone Community Centre That Grant Application #19-04, from the Tyrone Community Centre, be approved in the amount of $3,000.00. 13. Hampton Community Association That Grant Application #19-03, from the Hampton Community Association, be approved in the amount of $3,000.00. For Council Meeting of May 21, 2019 54 Page 4 Clarington 14. Invictus Powerlifting Inc. General Government Committee Report to Council That Grant Application #19-35, from Invictus Powerlifting Inc., be approved in the amount of $1,500.00. 15. Architectural Conservancy of Ontario - Clarington Branch That Grant Application #19-07, from the Architectural Conservancy of Ontario - Clarington Branch, be approved in the amount of $2,500.00. 16. The Gathering Place That Grant Application #19-21, from The Gathering Place, be approved in the amount of $2,000.00. 17. Brownsdale Community Centre Solina Community Centre That Grant Application #19-05, from the Brownsdale Community Centre, be approved in the amount of $2,999.00. That Grant Application #19-06, from the Solina Community Centre, be approved in the amount of $2,999.00. 18. Big Brothers Big Sisters of Clarington That Grant Application #19-25, from the Big Brothers Big Sisters of Clarington, be approved in the amount of $3,000.00. 19. Bowmanville Santa Claus Parade That Grant Application #19-10, from the Bowmanville Santa Claus Parade, be approved in the amount of $3,000.00. 20. Clarington Ravens That Grant Application #19-30, from the Clarington Ravens, be approved in the amount of $3,000.00. 21. Bowmanville & District Navy League That Grant Application #19-09, from the Bowmanville & District Navy League, be approved in the amount of $2,000.00. For Council Meeting of May 21, 2019 Page 5 55 Ciarftwu General Government Committee Report to Council 22. Newtonville Community Hall Kendal Community Centre That Grant Application #19-01, from the Newtonville Community Hall, be approved in the amount of $3,000.00. That Grant Application #19-02, from the Kendal Community Centre, be approved in the amount of $3,000.00. 23. Feed the Need Durham That Grant Application #19-20, from the Feed the Need Durham, be approved in the amount of $3,000.00. 24. Bowmanville Allotment Gardens Liberty Allotment Gardens That Grant Application #19-14, from the Bowmanville Allotment Gardens, be approved in the amount of $500.00. That Grant Application #19-15, from the Liberty Allotment Gardens, be approved in the amount of $500.00. 25. Clarington Swim Club That Grant Application #19-29, from the Clarington Swim Club, be approved in the amount of $2,500.00. 26• Soper Valley Model Railroad Association That Grant Application #19-26, from the Soper Valley Model Railroad Association, be approved in the amount of $1,000.00. 27• Orono Agricultural Society That Grant Application #19-16, from the Orono Agricultural Society, be approved in the amount of $2,500.00. 28• Newcastle Village and District Historical Society That Grant Application #19-08, from the Newcastle Village and District Historical Society, be approved in the amount of $1,000.00. For Council Meeting of May 21, 2019 56 Page 6 Ciarftwu General Government Committee Report to Council 29. Kendal Eagles Baseball Club That Grant Application #19-32, from the Kendal Eagles Baseball Club, be approved in the amount of $2,000.00. 30. Lakeshore New Horizons Band That Grant Application #19-27, from Lakeshore New Horizons Band, be approved in the amount of $750.00. 31. The Alliance for Empowerment Female Athletes That Grant Application #19-33, from The Alliance for Empowerment Female Athletes, be approved in the amount of $1,000.00. 32. Autism Home Base Durham That Grant Application #19-23, from the Autism Home Base Durham, be approved in the amount of $2,000.00. 33. Bowmanville Tennis Club That Grant Application #19-28, from the Bowmanville Tennis Club, be approved in the amount of $500.00. 34. Orono Crown Lands Trust That Grant Application #19-17, from the Orono Crown Lands Trust, be approved in the amount of $1,000.00. 35. Clarington Minor Football Association That Grant Application #19-31, from Clarington Minor Football Association, be approved in the amount of $1,000.00. 36. Bowmanville Figure Skating Club That Grant Application #19-36, from Bowmanville Figure Skating Club, be approved in the amount of $1,000.00. For Council Meeting of May 21, 2019 57 Page 7 Ciarftwu General Government Committee Report to Council 37. Clarington Minor Lacrosse Association That Grant Application #19-34, from the Clarington Minor Lacrosse Association, be approved in the amount of $1,000.00. 38. PFLAG Canada Durham Region That Grant Application #19-24, from the PFLAG Canada Durham Region, be approved in the amount of $1,000.00. 39. Community Grant Requests - Increments That the Community Grants be requested in increments of $500.00. 40. Community Grant Process That Staff report on a review of the Community Grant process to include, but not be limited to, the following: a) That, once a Community Grant applicant has received $10,000.00 in aggregate over a number of years, any future applications be required to provide a balance sheet, regardless of the amount applied for; b) Whether Hall Boards should be removed from the Community Grant process and considered in the Budget process; and c) Consideration of applicants with large surpluses. 41. 2019 Surface Asphalt, Various Locations That Report COD -005-19 be received; That Coco Paving Inc. with a total bid amount of $472,511.80 (Net HST Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2019-5 be awarded the contract for the 2019 Surface Asphalt, Various Locations, as required by the Engineering Services Department; That the funds required for this project in the amount of $530,000.00 (Net HST Rebate) which includes the construction cost of $472,511.80 (Net HST Rebate) and other costs such as material testing and contingency of $57,488.20 (Net HST Rebate) be funded by the Municipality as follows: Third St Reconstruction (West of Bernard to Liberty) 110-32-330-83331-7401 $ 31,000.00 For Council Meeting of May 21, 2019 PP Ciarftwu General Government Committee Report to Council Middle Rd (Con Rd 3 to urban Limit) 110-32-330-83268-7401 $ 201,000.00 Scugog St/Middle Rd Reconstruction 110-32-330-83375-7401 Concession Rd 3 (Middle to Gimblett) 110-32-330-83416-7401 Church Street (Emily St to King Ave) Sidewall Replacement Developer Recovery (No Frills, Newcastle) 110-32-330-83211-7401 110-32-331-83215-7401 $ 75,000.00 $ 163,000.00 $ 41,000.00 $ 4,000.00 110-32-331-83215-7403 $ 15,000.00 That all interested parties listed in Report COD -005-19 and any delegations be advised of Council's decision by the Corporate Services Department. 42. Benefit Increase Charges That Report COD -006-19 be received; and That Staff be directed to report back on best practices for negotiating employee benefits to limit increases and provide an indication of other municipality's Council involvement in negotiations. 43. Joint Health & Safety Committee — 2018 Summary That Report COD -007-19 be received; and The Health & Safety Policy Statement, Attachment 1 to Report COD -007-19, be endorsed. 44. Prudent Investor That Report FND-014-19 be received; That Staff, in conjunction with ONE Investment, develop an agreement to establish ONE Joint Investment Board ("ONE JIB"), together with all related matters such as codes, policies and appointments and to adopt the prudent investor regime when these items are in place; and That all interested parties listed in Report FND-014-19 and any delegations be advised of Council's decision. For Council Meeting of May 21, 2019 59 Page 9 Garington General Government Committee Report to Council 45. Single Use Plastics and Garbage Pails That single use plastics (non -recyclable) be banned from the Municipal Administrative Centre and Garnet B. Rickard Recreation Complex; and That individual garbage pails shall be removed from the Municipal Administrative Centre. 46. Voters' List That Staff report back to a June, 2020 General Government Committee meeting as to a process for: a. The vetting of the voters' list to prevent ineligible individuals from voting; and b. Ensuring that eligible individuals can be added to the voters' list. 47. Central Lake Ontario Conservation Authority - Funding Whereas Conservation Authorities in Ontario deliver programs to protect people and property from flooding and erosion by real-time flood forecasting, issuing flood watches and warnings, monitoring stream flows, preparing floodplain mapping, regulating development activities in flood plains, providing natural hazard advice to municipalities, developing watershed plans, and educating the public about flooding and protecting natural cover that helps reduce the impacts of flooding; And whereas we are experiencing more severe and more frequent weather events impacting our communities; And whereas the Ontario Government's "Made —in -Ontario Environment Plan" identifies protecting people, property and natural resources from the threats and impacts of extreme weather and flooding as part of the "core mandate" of conservation authorities; And whereas, in 1996, the total provincial Transfer Payment to all of Ontario's conservation authorities for Flood and Erosion Control and Natural Hazard Prevention was reduced from $50 -million to $7.4 -million, and conservation authorities share of this payment has remained static since 1996; And whereas the recent Provincial budget has further reduced the provincial Transfer Payment to all of Ontario's conservation authorities for Flood and Erosion Control and Natural Hazard Prevention funding for Conservation Authorities by 50%; For Council Meeting of May 21, 2019 Page 10 Ciarftwu General Government Committee Report to Council And whereas the Association of Municipalities of Ontario recognizes that with increases in weather events and pressure for fill/developing in floodplains and wetlands, this is a direct cut to a provincial program that protects people and property which requires more discussion before action is taken; Be it resolved that the Municipality of Clarington objects to the cutback to the provincial Transfer Payment to Ontario's Conservation Authorities for Flood and Erosion Control and Natural Hazard Prevention and asks the Government of Ontario to: 1. Reinstate the full funding for the 2019-2020 fiscal year; 2. Consult directly with Conservation Authorities, Conservation Ontario, and AMO with respect to future funding and delivery of natural hazard programming; and That this resolution be circulated to Ontario Conservation Authorities, Durham Region municipalities and local MPPs. For Council Meeting of May 21, 2019 61 Page 11 Ciarftwu Planning & Development Committee Report to Council Report to Council Meeting of May 21, 2019 Subject: Planning & Development Committee Meeting of Monday, May 13, 2019 Recommendations: • Jennifer Savini, Templeman LLP, regarding Growth Plan Proposed Transition Regulation- OPA 107 Carolyn Molinari, CM Planning Inc., regarding Growth Plan Proposed Transition Regulation- OPA 107 That Staff make written submission with respect to OPA 107 to the Ministry of Municipal Affairs and Housing to request that the transition regulation for the Growth Plan 2019, and the Greenbelt Plan be reviewed and amended to accommodate minor rounding out in the hamlets in appropriate circumstances. 2• Dale Gibbons, Chair, Courtice Family Concerts in the Park — Request for Exemption to Sign By-law That the request of Dale Gibbons, Chair, Courtice Family Concerts in the Park for an exemption to Municipality's Sign By-law 2009-123 for a two month period commencing June 12, 2019 for the property at 1463 Regional Highway No. 2, be approved. 3• Presentation by Brandon Weiler, Planner II and Paul Wirch, Senior Planner, Regarding Courtice Main Street That the presentation by Brandon Weiler, Planner II and Paul Wirch, Senior Planner, regarding Courtice Main Street, be received for information; and. That Staff be thanked for their work on the Courtice Main Street project. 4• An Application by Lindvest Properties (Clarington) Ltd. To Create a Common Elements Plan of Condominium at Aldridge Lane, Newcastle That Report PSD -026-19 be received; That the Draft Plan of Condominium application submitted by Lindvest Properties (Clarington) Ltd. be supported, subject to the conditions substantially as contained in Attachment 1 to Report PSD -026-19; Page 1 62 Ciarftwu Planning & Development Committee Report to Council That the Durham Region Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD -026-19 and Council's decision; and That all interested parties listed in Report PSD -026-19 and any delegations be advised of Council's decision. 5• Lakeshore East GO Train Extension Resolution Whereas in 2011 Metrolinx completed a comprehensive and objective Environmental Assessment (E.A.) for the recommended extension of GO Train Service through Oshawa to Courtice and Bowmanville; And whereas the E.A. considered a number of route options and through public input concluded that the extension along the CP Rail line through Oshawa to Courtice and Bowmanville was the preferred route for both Metrolinx and the local communities; And whereas since 2011, based on the commitment of Metrolinx and the Province to advance the recommended 2011 E.A. route along the CP Rail line, the Region of Durham, the Municipality of Clarington, the City of Oshawa, and the Town of Whitby have undertaken a number of actions such as: flncluding the recommended route and complementary land use policies in the Official Plans and zoning by-laws; fAdvancing development charges, capital expenditures and capital budgets to accommodate the extension; and fAdvancing transit considerations to service the route and proposed stations; And whereas Metrolinx completed a justified business case in 2015 confirming the CP Rail alignment as recommended by the E.A. utilizing their internal business case criteria; And whereas residents and developers have made substantial investments in growth areas identified near the proposed station sites in anticipation that the extension would be delivered along the announced preferred CP Rail line route; And whereas at a May 2, 2019 Town Hall meeting Metrolinx senior staff stated that they had explored four potential extension options as part of an update to the original 2015 business case and that these options would be reviewed with the Region and local communities; For Council Meeting of May 21, 2019 63 Page 2 Ciarftwu Planning & Development Committee Report to Council And whereas the Region of Durham, Municipality of Clarington, City of Oshawa and the Town of Whitby became aware that new route options were being considered by Metrolinx, other than those that were reviewed in the 2011 E.A. and 2015 business case; And whereas the Council of the Municipality of Clarington continues to support the 2011 E.A. approved route through Oshawa to Courtice and Bowmanville along the CP Rail line as it would result in the following benefits: fThe greatest long term community and economic development benefit; fThe creation of jobs and increased assessment growth; fConnectivity, walkability and opportunities for transit oriented development; fDevelopment on and around the Courtice and Bowmanville station sites; And whereas it is important that any option other than the preferred CP Rail line route be subject to an open and transparent review process where municipal and public input can be provided before any decision is made by Metrolinx; And whereas the Council of the Municipality of Clarington is committed to continuing to work together with Metrolinx and the Province to support the Lakeshore East GO Train Extension; Now therefore be it resolved that: Metrolinx explain the criteria and metrics being used for the updated business case and include the Region and local municipalities in that process; 2. Metrolinx act on the requests set out in the April 29, 2019 letter from Clarington Council; 3. Metrolinx be requested to undertake an open and transparent process to inform local and regional government staff, residents, and businesses related to any potential changes to the alignment and business case; and 4. A copy of this resolution be forwarded to the Region of Durham, the City of Oshawa, the Town of Whitby, all Durham MPP's, all Durham MP's, and all affected business and post -secondary partners. For Council Meeting of May 21, 2019 • Page 3 Ciarftwu Planning & Development Committee Report to Council 6• Provincial Flood Task Force Whereas the Province of Ontario has announced the initiation of an internal task force that will consult with municipalities on ways to improve flood resiliency; And whereas the federal, provincial and municipal governments have a joint interest in natural disaster mitigation, climate change adaptation, and the reduction of risks to public safety and infrastructure; And whereas on June 19, 2017, Clarington Council resolved that "the provincial and federal governments be requested to strike a committee to review mitigation and safety plans for the communities fronting the Great Lakes and St. Lawrence Seaway" and that "Clarington be invited to participate on the committee"; And whereas the Municipality of Clarington experienced first-hand in 2017 the devastating effects of flooding, and in 2019 is again being impacted by recent and on-going flooding conditions; And whereas the flooding experienced by Clarington residents has resulted in impacts to their private property and presented safety concerns; And whereas the Municipality of Clarington has expended significant staff and financial resources in aiding area residents, ensuring their safety; And whereas the Municipality of Clarington and impacted residents have worked together to learn from past experience and strengthen flood response and resilience, resulting in the development of a flood preparedness guide, as well as the adoption of a Clarington Flood Response Plan and a municipal standard for response during flooding that has been effective during recent flooding events; And whereas climate change modelling done by the Regional Municipality of Durham projects a wetter future climate for Durham Region, and accordingly it is conceivable and reasonable to anticipate future flooding in the community; Now therefore be it resolved that: 1. The Municipality of Clarington Council thanks the provincial government for taking action to better plan for and reduce the impacts of flooding; 2. The provincial task force consider, as part of their work plan, the provision of adequate funding to support the mitigation of flooding and safety planning for flood vulnerable areas of communities; 3. The Municipality of Clarington be invited to participate in the work of the task force to allow for input on what is needed to make our communities more resilient to increasingly frequent flood events; For Council Meeting of May 21, 2019 65 Page 4 � -N n I # I1' 11 Planning & Development Committee Report to Council 4. The province's internal task force undertake an engagement session in the Municipality of Clarington to hear directly from local residents impacted by flooding in 2017 and now in 2019; and 5. This resolution be distributed to the Premier, Minister of Natural Resources and Forestry, Ministry of Municipal Affairs and Housing, our local MPPs and MPs, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, and the Regional Municipality of Durham for their endorsement and support. 7• Townhouse/Condominium Air Conditioning Units and other Condensing Units That staff be directed to make it a condition of site plan approval that air conditioning units and other condensing units not be placed in the public street facing side of townhouses, wherever possible. For Council Meeting of May 21, 2019 . • Page 5 Clarington Legal 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: May 21, 2019 Report Number: LGL -005-19 Resolution: File Number: L2010-01-03 By-law Number: Report Subject: Enbridge Gas Franchise Agreement Recommendations: 1. That Report LGL -005-19 be received; and 2. That the By-law as Attachment 1 to Report LGL -005-19, be approved. 67 Municipality of Clarington Report LGL -005-19 Report Overview x On February 11, 2019, the General Government Committee endorsed a draft Franchise Agreement with Enbridge Gas, x The draft Franchise Agreement in the form in which it was endorsed by the Municipality has been approved by the Ontario Energy Board and can now be executed. 1. Background Page 2 1.1 At the February 11, 2019 meeting of the General Government Committee, a resolution was passed to approve a draft by-law to authorize a Franchise Agreement with Enbridge Gas, and to submit the draft agreement to the Ontario Energy Board for approval. 2. Update 2.1 The Ontario Energy Board, by its decision dated April 25, 2019, has approved the Franchise Agreement. 2.2 Council is now in a position to enact the attached by-law to grant the necessary permission to Enbridge Gas, and to authorize the execution of the approved Franchise Agreement. 2.3 The agreement should be executed and delivered to Enbridge before the existing agreement expires on May 31, 2019. 2.4 The new agreement will not expire until 2039. 3. Concurrence Not Applicable 4. Strategic Plan Application Not applicable. M Sub fitted by: Reviewed by: Ro ert Maciver, LL.B., MBA, CS, Andrew C. Allison, B. Comm, LL.B Municipal Solicitor CAO Staff Contact: Robert Maciver, LL.B., MBA, CS, Municipal Solicitor, 905-623-3379 ext 2013 or rmaciver@clarington. net • . Municipality of Clarington Page 3 Report LGL -005-19 Staff Contact: Robert Maciver, LL.B., MBA, CS, Municipal Solicitor, 905-623-3379 ext 2013 or rmaciver@clarington.net Attachments: Attachment 1 - By-law to Authorize a Franchise Agreement There are no interested parties to be notified of Council's decision. Municipality of Clarington Attachment 1 to Report LGL -005-19 The Corporation of the Municipality of Clarington By-law 2019 -XXX Being a By-law to Authorize a Franchise Agreement Between the Corporation of the Municipality of Clarington and Enbridge Gas WHEREAS the Council of the Corporation deems it expedient to enter into the attached franchise agreement with Enbridge Gas Inc.; and WHEREAS the Ontario Energy Board by its Order issued pursuant to The Municipal Franchises Act on the 25th day of April, 2019 has approved the terms and conditions upon which and the period for which the franchise provided for in the attached agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of this By-law is not necessary; NOW THEREFORE BE IT ENACTED: 1. That the attached franchise agreement between the Corporation and Enbridge Gas Inc. is hereby authorized and the franchise provided for therein is hereby granted. 2. That the Mayor and the Clerk are hereby authorized and instructed on behalf of the Corporation to enter into and execute under its corporate seal and deliver the aforesaid agreement, which agreement is hereby incorporated into and shall form part of this By-law. Passed in Open Council this XX day of XXXX, 2019. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 70 Page 1 2000 Model Franchise Agreement THIS AGREEMENT effective this day of 12019 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON hereinafter called the "Corporation" - and - ENBRIDGE GAS INC. hereinafter called the "Gas Company" WHEREAS the Gas Company desires to distribute, store and transmit gas in the Municipality upon the terms and conditions of this Agreement; AND WHEREAS by by-law passed by the Council of the Corporation (the "By-law"), the duly authorized officers have been authorized and directed to execute this Agreement on behalf of the Corporation; THEREFORE the Corporation and the Gas Company agree as follows: Part I - Definitions 1. In this Agreement (a) "decommissioned" and "decommissions" when used in connection with parts of the gas system, mean any parts of the gas system taken out of active use and purged in accordance with the applicable CSA standards and in no way affects the use of the term 'abandoned' pipeline for the purposes of the Assessment Act; (b) "Engineer/Road Superintendent" means the most senior individual employed by the Corporation with responsibilities for highways within the Municipality or the person designated by such senior employee or such other person as may from time to time be designated by the Council of the Corporation; 71 Page 2 (c) "gas" means natural gas, manufactured gas, synthetic natural gas, liquefied petroleum gas or propane -air gas, or a mixture of any of them, but does not include a liquefied petroleum gas that is distributed by means other than a pipeline; (d) "gas system" means such mains, plants, pipes, conduits, services, valves, regulators, curb boxes, stations, drips or such other equipment as the Gas Company may require or deem desirable for the distribution, storage and transmission of gas in or through the Municipality,- (e) unicipality;(e) "highway" means all common and public highways and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, and sodded areas forming part of the road allowance now or at any time during the term hereof under the jurisdiction of the Corporation; (f) "Model Franchise Agreement" means the form of agreement which the Ontario Energy Board uses as a standard when considering applications under the Municipal Franchises Act. The Model Franchise Agreement may be changed from time to time by the Ontario Energy Board; (g) "Municipality" means the territorial limits of the Corporation on the date when this Agreement takes effect, and any territory which may thereafter be brought within the jurisdiction of the Corporation; (h) "Plan" means the plan described in Paragraph 5 of this Agreement required to be filed by the Gas Company with the Engineer/Road Superintendent prior to commencement of work on the gas system; and (i) whenever the singular, masculine or feminine is used in this Agreement, it shall be considered as if the plural, feminine or masculine has been used where the context of the Agreement so requires. 72 Part II - Rights Granted 2. To provide gas service Page 3 The consent of the Corporation is hereby given and granted to the Gas Company to distribute, store and transmit gas in and through the Municipality to the Corporation and to the inhabitants of the Municipality. 3. To Use Highways Subject to the terms and conditions of this Agreement the consent of the Corporation is hereby given and granted to the Gas Company to enter upon all highways now or at any time hereafter under the jurisdiction of the Corporation and to lay, construct, maintain, replace, remove, operate and repair a gas system for the distribution, storage and transmission of gas in and through the Municipality. 4. Duration of Agreement and Renewal Procedures (a) If the Corporation has not previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law. or (b) If the Corporation has previously received gas distribution services, the rights hereby given and granted shall be for a term of 20 years from the date of final passing of the By-law provided that, if during the 20 year term of this Agreement, the Model Franchise Agreement is changed, then on the 7th anniversary and on the 14th anniversary of the date of the passing of the By-law, this Agreement shall be deemed to be amended to incorporate any changes in the Model Franchise Agreement in effect on such anniversary dates. Such deemed amendments shall not apply to alter the 20 year term. (c) At any time within two years prior to the expiration of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewed franchise upon such terms and conditions as may be agreed upon. Until such renewal has been settled, the terms and conditions of this Agreement shall continue, notwithstanding the expiration of this Agreement. This shall not preclude either party from applying to the Ontario Energy Board for a renewal of the Agreement pursuant to section 10 of the Municipal Franchises Act. 73 Page 4 Part III — Conditions 5. Approval of Construction (a) The Gas Company shall not undertake any excavation, opening or work which will disturb or interfere with the surface of the travelled portion of any highway unless a permit therefor has first been obtained from the Engineer/Road Superintendent and all work done by the Gas Company shall be to his satisfaction. (b) Prior to the commencement of work on the gas system, or any extensions or changes to it (except service laterals which do not interfere with municipal works in the highway), the Gas Company shall file with the Engineer/Road Superintendent a Plan, satisfactory to the Engineer/Road Superintendent, drawn to scale and of sufficient detail considering the complexity of the specific locations involved, showing the highways in which it proposes to lay its gas system and the particular parts thereof it proposes to occupy. (c) The Plan filed by the Gas Company shall include geodetic information for a particular location: (i) where circumstances are complex, in order to facilitate known projects, including projects which are reasonably anticipated by the Engineer/Road Superintendent, or (ii) when requested, where the Corporation has geodetic information for its own services and all others at the same location. (d) The Engineer/Road Superintendent may require sections of the gas system to be laid at greater depth than required by the latest CSA standard for gas pipeline systems to facilitate known projects or to correct known highway deficiencies. (e) Prior to the commencement of work on the gas system, the Engineer/Road Superintendent must approve the location of the work as shown on the Plan filed by the Gas Company, the timing of the work and any terms and conditions relating to the installation of the work. (f) In addition to the requirements of this Agreement, if the Gas Company proposes to affix any part of the gas system to a bridge, viaduct or other structure, if the Engineer/Road Superintendent approves this proposal, he may require the Gas Company to comply with special conditions or to enter into a separate agreement as a condition of the approval of this part of the construction of the gas system. 74 Page 5 (g) Where the gas system may affect a municipal drain, the Gas Company shall also file a copy of the Plan with the Corporation's Drainage Superintendent for purposes of the Drainage Act, or such other person designated by the Corporation as responsible for the drain. (h) The Gas Company shall not deviate from the approved location for any part of the gas system unless the prior approval of the Engineer/Road Superintendent to do so is received. (i) The Engineer/Road Superintendent's approval, where required throughout this Paragraph, shall not be unreasonably withheld. (j) The approval of the Engineer/Road Superintendent is not a representation or warranty as to the state of repair of the highway or the suitability of the highway for the gas system. 6. As Built Drawings The Gas Company shall, within six months of completing the installation of any part of the gas system, provide two copies of "as built" drawings to the Engineer/Road Superintendent. These drawings must be sufficient to accurately establish the location, depth (measurement between the top of the gas system and the ground surface at the time of installation) and distance of the gas system. The "as built" drawings shall be of the same quality as the Plan and, if the approved pre -construction plan included elevations that were geodetically referenced, the "as built" drawings shall similarly include elevations that are geodetically referenced. Upon the request of the Engineer/Road Superintendent, the Gas Company shall provide one copy of the drawings in an electronic format and one copy as a hard copy drawing. 7. Emergencies In the event of an emergency involving the gas system, the Gas Company shall proceed with the work required to deal with the emergency, and in any instance where prior approval of the Engineer/Road Superintendent is normally required for the work, the Gas Company shall use its best efforts to immediately notify the Engineer/Road Superintendent of the location and nature of the emergency and the work being done and, if it deems appropriate, notify the police force, fire or other emergency services having jurisdiction. The Gas Company shall provide the Engineer/Road Superintendent with at least one 24 hour emergency contact for the Gas Company and shall ensure the contacts are current. 75 Page 6 8. Restoration The Gas Company shall well and sufficiently restore, to the reasonable satisfaction of the Engineer/Road Superintendent, all highways, municipal works or improvements which it may excavate or interfere with in the course of laying, constructing, repairing or removing its gas system, and shall make good any settling or subsidence thereafter caused by such excavation or interference. If the Gas Company fails at any time to do any work required by this Paragraph within a reasonable period of time, the Corporation may do or cause such work to be done and the Gas Company shall, on demand, pay the Corporation's reasonably incurred costs, as certified by the Engineer/Road Superintendent. 9. Indemnification The Gas Company shall, at all times, indemnify and save harmless the Corporation from and against all claims, including costs related thereto, for all damages or injuries including death to any person or persons and for damage to any property, arising out of the Gas Company operating, constructing, and maintaining its gas system in the Municipality, or utilizing its gas system for the carriage of gas owned by others. Provided that the Gas Company shall not be required to indemnify or save harmless the Corporation from and against claims, including costs related thereto, which it may incur by reason of damages or injuries including death to any person or persons and for damage to any property, resulting from the negligence or wrongful act of the Corporation, its servants, agents or employees. 10. Insurance (a) The Gas Company shall maintain Comprehensive General Liability Insurance in sufficient amount and description as shall protect the Gas Company and the Corporation from claims for which the Gas Company is obliged to indemnify the Corporation under Paragraph 9. The insurance policy shall identify the Corporation as an additional named insured, but only with respect to the operation of the named insured (the Gas Company). The insurance policy shall not lapse or be cancelled without sixty (60) days' prior written notice to the Corporation by the Gas Company. (b) The issuance of an insurance policy as provided in this Paragraph shall not be construed as relieving the Gas Company of liability not covered by such insurance or in excess of the policy limits of such insurance. (c) Upon request by the Corporation, the Gas Company shall confirm that premiums for such insurance have been paid and that such insurance is in full force and effect. 76 Page 7 11. Alternative Easement The Corporation agrees, in the event of the proposed sale or closing of any highway or any part of a highway where there is a gas line in existence, to give the Gas Company reasonable notice of such proposed sale or closing and, if it is feasible, to provide the Gas Company with easements over that part of the highway proposed to be sold or closed sufficient to allow the Gas Company to preserve any part of the gas system in its then existing location. In the event that such easements cannot be provided, the Corporation and the Gas Company shall share the cost of relocating or altering the gas system to facilitate continuity of gas service, as provided for in Paragraph 12 of this Agreement. 12. Pipeline Relocation (a) if in the course of constructing, reconstructing, changing, altering or improving any highway or any municipal works, the Corporation deems that it is necessary to take up, remove or change the location of any part of the gas system, the Gas Company shall, upon notice to do so, remove and/or relocate within a reasonable period of time such part of the gas system to a location approved by the Engineer/Road Superintendent. (b) Where any part of the gas system relocated in accordance with this Paragraph is located on a bridge, viaduct or structure, the Gas Company shall alter or relocate that part of the gas system at its sole expense. (c) Where any part of the gas system relocated in accordance with this Paragraph is located other than on a bridge, viaduct or structure, the costs of relocation shall be shared between the Corporation and the Gas Company on the basis of the total relocation costs, excluding the value of any upgrading of the gas system, and deducting any contribution paid to the Gas Company by others in respect to such relocation; and for these purposes, the total relocation costs shall be the aggregate of the following: the amount paid to Gas Company employees up to and including field supervisors for the hours worked on the project plus the current cost of fringe benefits for these employees, the amount paid for rental equipment while in use on the project and an amount, charged at the unit rate, for Gas Company equipment while in use on the project, (iii) the amount paid by the Gas Company to contractors for work related to the project, 77 Page 8 (iv) the cost to the Gas Company for materials used in connection with the project, and (v) a reasonable amount for project engineering and project administrative costs which shall be 22.5% of the aggregate of the amounts determined in items (i), (ii), (iii) and (iv) above. (d) The total relocation costs as calculated above shall be paid 35% by the Corporation and 65% by the Gas Company, except where the part of the gas system required to be moved is located in an unassumed road or in an unopened road allowance and the Corporation has not approved its location, in which case the Gas Company shall pay 100% of the relocation costs. Part IV - Procedural And Other Matters 13. Municipal By-laws of General Application The Agreement is subject to the provisions of all regulating statutes and all municipal by-laws of general application, except by-laws which have the effect of amending this Agreement. 14. Giving Notice Notices may be delivered to, sent by facsimile or mailed by prepaid registered post to the Gas Company at its head office or to the authorized officers of the Corporation at its municipal offices, as the case may be. 15. Disposition of Gas System (a) If the Gas Company decommissions part of its gas system affixed to a bridge, viaduct or structure, the Gas Company shall, at its sole expense, remove the part of its gas system affixed to the bridge, viaduct or structure. (b) If the Gas Company decommissions any other part of its gas system, it shall have the right, but is not required, to remove that part of its gas system. It may exercise its right to remove the decommissioned parts of its gas system by giving notice of its intention to do so by filing a Plan as required by Paragraph 5 of this Agreement for approval by the Engineer/Road Superintendent. If the Gas Company does not remove the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in any highway, the Corporation may remove and dispose of so much of the decommissioned gas system Page 9 as the Corporation may require for such purposes and neither party shall have recourse against the other for any loss, cost, expense or damage occasioned thereby. If the Gas Company has not removed the part of the gas system it has decommissioned and the Corporation requires the removal of all or any part of the decommissioned gas system for the purpose of altering or improving a highway or in order to facilitate the construction of utility or other works in a highway, the Gas Company may elect to relocate the decommissioned gas system and in that event Paragraph 12 applies to the cost of relocation. 16. Use of Decommissioned Gas System (a) The Gas Company shall provide promptly to the Corporation, to the extent such information is known: (i) the names and addresses of all third parties who use decommissioned parts of the gas system for purposes other than the transmission or distribution of gas; and the location of all proposed and existing decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas. (b) The Gas Company may allow a third party to use a decommissioned part of the gas system for purposes other than the transmission or distribution of gas and may charge a fee for that third party use, provided (i} the third party has entered into a municipal access agreement with the Corporation; and (ii) the Gas Company does not charge a fee for the third party's right of access to the highways. (c) Decommissioned parts of the gas system used for purposes other than the transmission or distribution of gas are not subject to the provisions of this Agreement. For decommissioned parts of the gas system used for purposes other than the transmission and distribution of gas, issues such as relocation costs will be governed by the relevant municipal access agreement. 17. Franchise Handbook The Parties acknowledge that operating decisions sometimes require a greater level of detail than that which is appropriately included in this Agreement. The Parties agree to look for guidance on such matters to the Franchise Handbook prepared by the Association of Municipalities of Ontario and the gas utility companies, as may be amended from time to time. 79 Page 10 18. Other Conditions None. 19. Agreement Binding Parties This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively. IN WITNESS WHEREOF the parties have executed this Agreement effective from the date written above. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: Per: Adrian Foster, Mayor Anne Greentree, Municipal Clerk ENBRIDGE GAS INC. Per: Per: Mark Kitchen, Director Regulatory Affairs Steve McGivery, Director, GTA East Operations Town of �x By the Lake 6 RBOEM WW RKPBI RVW@ Z 0 61 Pickering Airport IDUWVVWBOMBXWq'NEJDMIIN> M BGQ0 $I\MXBOMQE IDVMRVV IEXIR FRPXWWWMFWXBWR WW EVIHIHIWMO W W W RRaPH N Bid Vi16MIDOEWId oVBJfiffWylIDIBBBQ WM\RENO WR9FRPWHXWXM CWk$OI FIQE ®BWXWIIp $VISIWFMVIWFWD HNMWWIRVH WORW NP W IWIWWQ$VZ/6R Mfuofwwwwn wmFIgWlyal K)IIw Row) PREIR WNJJOMQQ WW@ W!ROGWWIWRIMK (D1NIM VMBWWBVVW(iwvm/ p/WS/WtOBIAIQQE®HW XUOXMNIMQBJNEBDWM FWJi3XOWXMFH RM $ NEIVVW IlgWBXD!' KWXH WDmw RHBQXWWW®IW$I TOWN OF AJAX 1MW K ON 14 w w BI � ON 14 w w If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2019-036 Being a By-law to exempt a certain portion of Registered Plan 40M-2540 from Part Lot Control Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, for Block 147 in Plan 40M-2540, save and except Parts 6 & 7 on 40R-30034, registered at the Land Titles Division of Whitby (File # ZBA2019-0002); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to Block 147 in Plan 40M-2540, save and except Parts 6 & 7, Plan 40R-30034. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on May 22, 2021. Passed in Open Council this 21 st day of May, 2019 Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk 164 28 W 24 W 20 Ce 16 112 to 08 J 04 J 00 W 96 92 06LLU ENUEa 80 � 87 ;z I.- M CO M cn v 84 80 76 C-4 m o v ao 1c, m o 72 75 N N M 71 GOMME AVENUEW 67 79 66 LU 63 75 62 59 / 71 58 55 W63 54 51 W 59 50 Q 55 46 47 51 42 Q 43 47 7 38 = DONALD-POWEL•L , 43 Z 39 34UJ (.% cRE56ENT 35 30 27 54 59 W31 22 27 m 23 50 55 23 18 19 46 O 19 15 14 15 42 , 11 10 11 38 AL -F 7 34 N M M M 04 7 1 30 GUSUL AVENUE I KN U T u KJLC 237 275 197 Lo M r 271 183 262 267 263 166 242 1 251 222 223 124 0 199 °r° -ALLENS LANE W GEORGE STREET 0 164 LU 189 r- v 146 159 x 143 110 0 129 122 Z 115 m m O 't 98 WILMOT STREE 17 88 $ � LO 78 51 68 58 2426 _ m O 20 OdA - _ 00 _ M Cl) M N N N N N N 14 KING AVENUE W 2> 1 Cl) ra0i M M Lo 16 O 4 3 t 7 M M M M N N N N N N 0 17 s 5 59 LILLIAN CRESCENT 15 38 r 61 v 8 W 7 M v v v v v r°pi M M M M N N 14 13 56 G 10 N 9 63 11 12 11 65 10 68 ~ 14 7 13 67 v v v v v M M M M M N 6 s 76 N EMILY STREE' FOSTER CREEK DRIVE 2 3 5 86 89 rn 1086 m coo M M� M M v v v v v ra0i M M °It N' 28 1 100 m 113 rn 1102 26 1122 24 21 116 127 1128 �mmMMn. �� 19 1�fi 1d1 v _ Location Map (Newcastle) N - Area Subject To Zoning By -Law w ALDRIDGE LANE, NEWCASTLE E S' ZBA2019-0002 :771 Ennisk lie 407 R1,91 O�a/ Rqz z 'o King St V 401 401 Regional Rd Z ■. 401 Clat!Wgt011 Memo 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: Anthony S. Cannella, Director of Engineering Services Date: May 17, 2019 Subject: Farewell Creek Trail Phase 2 - Route Options File: PA.FarewellCreekTrailPhase2.01 In accordance with Resolution #GG -303-19 this memo is to provide council with additional detail on an alternate route for the Farewell Creek Trail Phase 2. Funding for the construction of this project was approved in the 2019 capital budget. On March 27, 2019, a Public Open House was held to obtain feedback on the proposed design for Farewell Creek Trail Phase 2. Prior to the Public Open House, staff presented the proposed trail design to members of the Accessibility Advisory Committee (plan review sub -committee) and the Active Transportation and Safe Roads Committee and both committees support the proposed trail. The greatest challenge on this 1.2 km section of trail is bringing the trail from the bottom of the valley to the top at Townline Road South. There is a 20m change in elevation from bottom to top along the two routes investigated for this memo. Since recreational trails are used by a wide variety of ages and abilities, minimizing the trail grade is essential for accessibility. The recommended route displayed at the Open House to bring the trail from the bottom to the top of the valley follows an existing worn path along the top of bank, behind the rear yards of five homes on Pinedale Crescent (house # 41-49). The recommended route is shown in purple on the attached plan. On May 9 staff met with Councillor Neal on-site to review an alternate route shown in orange on the attached plan. It is difficult to conduct a direct comparison between each trail route as the characteristics of the existing ground conditions for each alignment vary substantially. The alternate route would require more extensive grading leading to higher costs in earthworks as well as vegetation removals (860m2 for the recommended route compared to 2,400m2 for the alternate route) even though the alternate route is shorter in length. Page 11 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 Clat!Wgt011 Memo With a project of this nature the alternate route along a challenging existing ground profile presents several inherent risks and unknown factors that are introduced when disturbances to the existing treed slope are made. The recommended route follows the existing ground profile and is able to keep the degree of disturbance to the existing ground and treed slope to a minimum. This allows for relatively simpler construction as the underlying soils remain largely undisturbed and the surficial soils are removed and replaced with the constructed trail. If substantial cutting and filling is required, as in the case of the alternate route, there is an increase of risk of substantial disturbance as the underlying soil conditions are unknown. The substantial cutting and filling operations will require the removal of the adjacent vegetation which is currently providing stability in the slope. To ensure that the construction of a trail cutting through the slope does not have any detrimental long term affects for slope stability, geotechnical investigation is required to understand the underlying soil characteristics and design to these accordingly. The recommended route was carefully chosen for the following reasons: 1) The route follows the existing worn path behind five homes on Pinedale Crescent where people currently walk down to the bottom of the valley. This route would require a smaller amount of grading and tree removal to construct; 2) The recommended route provides a more accessible trail grade. The average grade on the recommended route is 5% with a maximum grade of 10% over 100m. The average grade on the alternate route is 6.5% with a maximum grade of 10% over 155m; 3) The recommended route would impact 860m2 of vegetation. The alternate route would impact 2,400m2 of vegetation; 4) The recommended route bypasses a large area of wet soil conditions. The alternate route would go through the wet area which would make the trail more susceptible to damage and deterioration; and 5) The additional cost to construct a trail along the alternate route is estimated to be $143,908 due to more extensive grading, tree removals, inferior underlying soil conditions and more difficult construction access. Page 12 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 Clat!Wgt011 Memo Engineering Services recommends that the trail be constructed along the recommended route, that route is where people currently walk down to the bottom of the valley. The recommended route has more moderate slopes, more stable soil conditions and requires less grading and tree clearing, and would also cost less to construct. Planting trees between the proposed trail and rear fence lines is recommended to enhance the buffer between the trail and the adjacent residential properties. Staff met with CLOCA in the Fall of 2018 to review the nature of the existing slope and the potential impacts caused by trail construction in the vicinity of the slope where the alternate route is located. During the walkthrough CLOCA noted several prominent large older growth trees on the slope face that they would not permit to be removed as they were identified to be significant features in the forest ecology as well as providing slope stability from an extensive root system. There is also a risk that the Conservation Authority would not permit the construction of the alternate route trail when an acceptable and less impactful alternative exists. A -- Anthony S. Cannella, C.E.T. Director of Engineering Services ASC/PW/cv Attachment: Key Map Page 13 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1905-623-3379 Farewell Creek - Phase 2 ALTERNATIVE ROUTES May, 2019 �o ARMOUR ONE / I # 51 UAL • ��`�� # 47 LANTINGS SCREENIN # 45 PLAN TIN # 43 #41 / #39 POND/ OUTLET O Staff Recommended Route Alternate Route �o N /zk — /Z Z£ C' 1 I MUNICIPALITY OF CLARINGTON COUNCIL DATE May 21, 2019 RESOLUTION # MOVED BY /M �,2,,Ja.,k— SECONDED BY That the following resolution #C-175-19, setting out the Strategic Priorities for the Municipality of Clarington, approved at the Special Council meeting of May 1, 2019, be reconsidered: That Council approve the Strategic Priorities A, B and C, as drafted by Council during the March 29, 2019 Strategic Plan Workshop, and as amended during the May 1, 2019 Strategic Plan Workshop, as Councils Goals for the 2019-2022, as follows: 1. Strategic themes A. Engaged Communities B. Strong Economy C. Sustainable Infrastructure Growth D. Legacy Projects 2. Preliminary goals for these priorities were identified by Council as follows: A. Engaged Communities A.1. Enhance two-way communication with community A.2. Establish and develop a unique Clarington brand for promoting our community B. Strong Economy B.1. Complete the implementation of the Downtown Plans B.2. Create partnerships in broadband expansion, working towards 100% connectivity B.3. Create partnerships to promote investment in infrastructure to make natural gas more accessible B.4. Expand our transportation network into commercial and industrial areas B.S. Explore an economic development strategy/framework in collaboration with the business community and other stakeholders C. Sustainable Infrastructure Growth C.1. Develop an Affordable Housing Policy C.2. Develop a strategies for infrastructure investments, including employment lands