HomeMy WebLinkAbout06-10-2019Final
Claringt�n
Council
Date: June 10, 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 mchambersclarin tg on.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
ciaring" toll
Call to Order
Moment of Reflection
Declaration of Interest
Announcements
Council Agenda
Date: June 10, 2019
Time: 7:00 PM
Place: Council Chambers
Adoption of Minutes of Previous Meeting(s)
5.1 Council Minutes Minutes of a regular meeting of Council May 21, 2019
May 21, 2019
Presentations
6.1 2019 Awards of Academic Excellence
Page 7
6.2 Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding
Agricultural Land Uses and Environmental Protection
Delegations
There are no Delegations as of the time of publication.
Communications — Receive for Information
8.1 ADR Chambers Jonathan Jacobs, ADRO Investigator, ADR Chambers, Page 22
Investigation Report - Reference Number: MUN-322-0818
8.2 Memo from Memo from the Director of Planning Services regarding Page 27
Director of 26 Concession Street West, Heritage Designation
Planning (Agenda Item 14.1)
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Council Agenda
Date: June 10, 2019
Time: 7:00 PM
Place: Council Chambers
Communications — Direction
9.1 KAPP Tom Jukica, Project Manager, KAPP, Regarding Noise Page 29
By-law Exemption Request
(Motion to Approve an exemption to the
Municipality's Noise By-law 2007-071 for Road
Reconstruction at Regional Road 57 between
Concession Road 3 and North of Old Scugog
Road from June 15, 2019 to June 16, 2019)
10 Committee Reports
10.1 Advisory Committee Reports
10.1.1 Museum Minutes Minutes of the Clarington Museum and Archives Board Page 33
dated May 10, 2019
10.1.2 Heritage Minutes of the Clarington Heritage Committee dated Page 36
Committee May 21, 2019
10.1.3 Diversity Minutes of the Clarington Diversity Advisory Committee Page 41
Committee dated April 24 and May 22, 2019
10.1.4 Newcastle Arena Minutes of the Newcastle Arena Board dated Page 45
Board May 14, 2019
10.1.5 Tourism Advisory Minutes of the Clarington Tourism Advisory Committee Page 47
Committee dated May 29, 2019
10.2 General General Government Committee Report of May 27, 2019 Page 50
Government
Committee
10.3 Planning & Planning and Development Committee Report of Page 61
Development June 3, 2019
Committee
Page 3
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11 Staff Reports
Council Agenda
Date: June 10, 2019
Time: 7:00 PM
Place: Council Chambers
11.1 Report Request from Board for Municipality to Assume Orono Cemetery Page 66
CLD-014-19
11.2 Report 2019 Federal Gas Tax Funding Top -Up
FN D-020-19
Page 75
12 Business Arising from Procedural Notice of Motion
12.1 Reconsideration of Resolution #C-175-19 pertaining to the Strategic Page 79
Priorities for the Municipality of Clarington
13 Unfinished Business
None
14 By-laws
14.1 2019-039 Being a by-law to designate the property known for Municipal Page 80
purposes as 26 Concession Street West, Bowmanville,
Municipality of Clarington as a property of historic or architectural
value or interest under the Ontario Heritage Act, R. S. O. 1990,
Chapter 0.18
14.2 2019-040 Being a by-law to amend By-law 2012-062, a by-law to regulate
open-air burning
(Item 12 of the General Government Committee Report)
14.3 2019-041 Being a by-law to amend the Exotic Animal Bylaw 2012-045
(Item 5 of the General Government Committee Report)
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Council Agenda
Date: June 10, 2019
Time: 7:00 PM
Place: Council Chambers
14.4 2019-042 Being a By-law to amend By-law 2014-059 entitled "a By-law to
Regulate Traffic and Parking on Highways, Private Property and
Municipal Property"
(item 31 of the General Government Committee Report)
15 Procedural Notices of Motion
16 Other Business
17 Confirming By -Law
18 Adjournment
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Council Agenda
Date: June 10, 2019
Time: 7:00 PM
Place: Council Chambers
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Council
Minutes
May 21, 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 May 21, 2019, at 7:00 PM, in the
Council Chambers.
Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill until
9:22 PM, Councillor M. Zwart
Staff Present: A. Allison, T. Cannella until 9:10 PM, J. Caruana until 9:10 PM,
F. Horvath, M. Marano until 9:10 PM, R. Maciver, T. Pinn,
M. Seaman until 9:10 PM, G. Weir until 9:10 PM, A. Greentree,
M. Chambers
1 Call to Order
Mayor Foster called the meeting to order at 7:00 PM.
2 Moment of Reflection
Councillor Jones led the meeting in a moment of reflection.
3 Declaration of Interest
Councillor Neal declared an indirect interest in Item 32 of the General Government
Committee Report regarding the grant application request for Autism Home Base
Durham and (Application #19-23).
Members of Council announced upcoming community events and matters of community
interest.
Members of Council thanked Joe Caruana, the Director of Community Services, for his
dedication, hard work and wished him all the best in his retirement.
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5 Adoption of Minutes of Previous Meeting
Resolution #C-181-19
Moved by Councillor Traill seconded by Councillor Zwart
That the minutes of the regular meeting of the Council held on April 29, 2019, be
approved; and
That the minutes of the special meeting of the Council held on May 1, 2019, be
approved.
Carried
Alter the Agenda
Resolution #C-182-19
Moved by Councillor Jones seconded by Councillor Traill
That the Agenda be altered to consider the Delegation portion of the Agenda at this
time.
Carried
7.1 Ibi Biesenthal, PI Tool Limited, was present regarding Report EGD-009-19,
Servicing of Industrial Lands in South Courtice — Courtice Court (Item 7 of the
General Government Committee Report). She made a verbal presentation to
accompany an electronic presentation. Ms. Biesenthal explained to the Members
of Council that she is representing business owners of the Courtice Industrial Park.
She noted that there are currently two business looking to expand and three
businesses from the Toronto area that have chosen to move into the area since
2018. Ms. Biesenthal feels that these businesses moving into Clarington will bring
significant tax revenue. She continued by thanking the Clarington Board of Trade
for all of their work to assist the existing business owners and new business
owners coming into the area. Ms. Biesenthal explained that the Business Group
was disappointed after the May 6, 2019 Committee meeting as they felt the
Members of Council knew very little about a group of businesses that have been in
this area for over 40 years. She explained that 41 years ago lots were being sold
in Courtice Industrial Park and at that time there was no water, sewer or natural
gas available. Ms. Biesenthal explained that they now have natural gas but are
still waiting for water and sewer services. She stating that several of the
businesses have plans to expand, but these plans are on hold due to the lack of
services. Ms. Biesenthal added that there have been issues with water supplies in
the wells since construction starting in this area in 2018. She noted that she feels
this is a desirable location for businesses and would be even more desirable is
these services were available. Ms. Biesenthal concluded by asking the Members
of Council to assist this group of businesses. She thanked Members of Council
and Staff and answered questions.
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May 21, 2019
7.2 Richard Ward was present regarding Confidential Report LGL-004-19, Richard
Ward Regarding Flooding in Kendal (Item 1 n of the General Government
Committee Report). He explained that there has still been no resolve to the issue of
flooding on his property. Mr. Ward noted that Municipal Law Enforcement was out
to visit his property and he believes that the Section 3.2 a. of the Site Alteration
By-law should have been considered when investigating this matter. He feels that
the only resolve this issue for is to restore the original grading of the property. Mr.
Ward noted the Operations Department Staff are coming to visit his property
tomorrow and he believes measurements will be taken. He reviewed the current
situation of the flooding and what actions of been taken to date. Mr. Ward
concluded by stating the property should not have been altered and the original
swale needs to be restored. He answered questions from Members of Council.
8 Presentations
6.1 Mayor Foster presented cheques in the amount of $22,782.24 to Ann-marie Harley,
President and Brian Mountford, Treasurer, A Gift of Art and to Dionne Powlenzuk,
Executive Director, Board of Directors, Visual Arts Centre of Clarington for the
proceeds of the 2019 for the Love of Art Mayor's Gala.
6.2 Mayor Foster presented Louise Foster, Tribute Communities, with a gift in
appreciation of the sponsorship of the 2019 for the Love of Art Mayor's Gala.
7 Delegations
The Delegation portion of the Agenda was considered earlier in the meeting.
8 Communications — Receive for Information
8.1 Integrity Commissioner Annual Report 2018
Resolution #C-183-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Communication Item 8.1 be received for information.
Carried
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9 Communications — Direction
9.1 Morgen Dobson, Durham Regional Police, Neighbourhood Watch
Coordinator — Implementation of a Newport-Pebblebeach Neighbourhood
Watch Program
Resolution #C-184-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Correspondence Item 9.1 from Morgen Dobson, Durham Regional Police,
Neighbourhood Watch Coordinator, Regarding Implementation of a Newport-
Pebblebeach Neighbourhood Watch Program, be endorsed by the Municipality of
Clarington.
Carried
10 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
Resolution #C-185-19
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
Moved by Councillor Jones, seconded by Councillor Hooper
That Advisory Committee Report Items 10.1.1 and 10.1.4, be approved with the exception of
10.1.2
Carried
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10.1.2 - Clarington Active Transportation and Safe Road Advisory Committee
Moved by Councillor Hooper, seconded by Councillor Jones
That Clarington Active Transportation and Safe Road Advisory Committee Report, be
approved.
Carried
10.2 General Government Committee Report of May 6, 2019
Resolution #C-186-19
Moved by Councillor Zwart, seconded by Councillor Traill
That the recommendations contained in the General Government Committee Report of
May 6, 2019, be approved, on consent, with the exception of items #1 i, #1 n, #7, #32,
#42, #45, #5, #47, #1 h, and #1 j.
Carried
Item 1 i — Grant Application #19-18, from Wind Reach Farm
Resolution #C-187-19
Moved by Councillor Zwart, seconded by Councillor Neal
That Grant Application #19-18, from Wind Reach Farms, be approved in the amount of
$1,252.00.
Carried
Item 1 n — Report LGL-004-19 - Richard Ward Regarding Flooding in Kendal
Resolution #C-188-19
Moved by Councillor Neal, seconded by Councillor Hooper
That Report LGL-004-19 — Richard Ward Regarding Flooding in Kendal, be referred to
the end of the Agenda.
Carried
Item 5— Linda Kent, Library Director & CEO, Clarington Public Library, Regarding
Report FND-002-19, Budget Policy
Resolution #C-189-19
Moved by Councillor Neal, seconded by Councillor Jones
That the Communication Item from Linda Kent, Library Director, Clarington Public
Library, Regarding Report FND-002-19, be referred to the May 27, 2019 General
Government Committee meeting.
Carried
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Recess
Resolution #C-190-19
Moved by Councillor Neal, seconded by Councillor Hooper
That Council recess for five minutes.
Carried
The meeting reconvened at 8:06 PM.
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May 21, 2019
Item 7 — Servicing of Industrial Lands in South Courtice - Courtice Court
Resolution #C-191-19
Moved by Councillor Neal, seconded by Councillor Jones
That Council approve the front -ending water and sewer services for Courtice Court as
described in Report EGD-009-19, provided that:
a) The share of the cost for the participating owners is fully recovered; and
b) Either:
(i) The Region of Durham provide reasonable assurance to Clarington that no
non -participating owner will be allowed to connect to the water and sewer
services without first paying Clarington its share of the cost, plus interest;
or
(ii) Clarington protect its recovery from non -participating owners by way of a
common elements condominium.
Carried
Item -32 - Autism Home Base Durham
Councillor Neal declared an indirect interest in the Grant Application #19-28 from
Autism Home Base Durham as he is a member of the Board of Directors. Councillor
Neal left the room and refrained from discussion and voting on this matter.
Resolution #C-192-19
Moved by Councillor Hooper, seconded by Councillor Jones
That Grant Application #19-23, from the Autism Home Base Durham, be approved in
the amount of $2,000.00.
Carried
Councillor Neal returned to the meeting.
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Item 42 — Benefit Increase Charges
Resolution #C-193-19
Moved by Councillor Neal, seconded by Councillor Traill
That Report COD-006-19 be received; and
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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.
Carried
Item 45 - Single Use Plastics and Garbage Pails
Resolution #C-194-19
Moved by Councillor Neal, seconded by Councillor Zwart
That the matter of banning of single use plastics (non -recyclable) from Municipal
Buildings where possible, be referred to Staff to a Report back at the
September 23, 2019 General Government Committee meeting.
Carried
Item 47 - Central Lake Ontario Conservation Authority - Funding
Resolution #C-195-19
Moved by Councillor Hooper, seconded by Councillor Anderson
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;
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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%;
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; and
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 MP's and MPP's.
Carried
Item 1 h - Grant Application #19-22, from the Boys and Girls Club of Durham
Resolution #C-196-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Grant Application #19-22, from the Boys and Girls Club of Durham, be respectfully
denied.
Carried
Item 1 j - Application #19-19, from the Rehoboth Christian Reformed Church
Resolution #C-197-19
Moved by Councillor Anderson, seconded by Councillor Hooper
That Grant Application #19-19, from the Rehoboth Christian Reformed Church, be
respectfully denied.
Carried
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10.3 Planning & Development Committee Report of May 13, 2019
Resolution #C-198-19
Moved by Councillor Neal, seconded by Councillor Traill
That the recommendations contained in the Planning & Development Committee Report
of May 13, 2019 be approved, on consent, with the exception of items #3 and #6.
Carried
Item 3 — Presentation by Brandon Weiler, Planner 11 and Paul Wirch, Senior
Planner, Regarding Courtice Main Street
Resolution #C-199-19
Moved by Councillor Neal, seconded by Councillor Jones
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.
Carried
Item 6 — Provincial Flood Task Force
Resolution #C-200-19
Moved by Councillor Hooper, seconded by Councillor Anderson
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;
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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;
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, The Regional Municipality of Durham, and all Area Municipalities for
their endorsement and support.
Carried
11 Staff Reports
11.1 Report LGL-005-19—Enbridge Gas Franchise Agreement
Resolution #C-201-19
Moved by Councillor Neal, seconded by Councillor Anderson
That Report LGL-005-19 be received; and
That the By-law as Attachment 1 to Report LGL-005-19, be approved.
Carried
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12 Business Arising from Procedural Notice of Motion
None
13 Unfinished Business
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13.1 Alexander Harras, Manager of Legislative Services/Acting Clerk, Town of
Ajax regarding the Pickering Airport.
Resolution #C-202-19
Moved by Councillor Traill, seconded by Councillor Neal
That the correspondence from Alexander Harras, Manager of Legislative
Services/Acting Clerk, Town of Ajax regarding the Pickering Airport, be received for
information.
Carried
Later in the Meeting
Suspend the Rules
Resolution #C-203-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Rules of Procedure be suspended to allow Members of Council to speak to the
matter of the foregoing Resolution #C-202-19 a second time.
Carried
The foregoing Resolution #C-202-19 was then put to a vote and carried on the following
recorded vote.
Council Member
Yes
No
Declaration of
Interest
Absent
Councillor Anderson
X
Councillor Hooper
X
Councillor Jones
X
Councillor Neal
X
Councillor Traill
X
Councillor Zwart
X
Mayor Foster
X
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13.2 Memo from the Director of Engineering Services regarding the Farewell Trail
Design (Referred from the May 6, 2019 General Government Committee
Meeting)
Resolution #C-204-19
Moved by Councillor Neal seconded by Councillor Jones
That Staff be directed to site the ending of the Farewell Trail in the ravine north of
Pinedale Blvd. but south of the original route such, that it remains above the top of bank
for the creek, and south of the drainage manhole;
That any additional cost be funded at the discretion of the Director of Finance.
Carried
13.3 Confidential Memo from the Municipal Solicitor regarding the Servicing of
Industrial Land in South Courtice
Resolution #C-205-19
Moved by Councillor Neal, seconded by Councillor Traill
That the Confidential Memo from the Municipal Solicitor regarding the Servicing of
Industrial Land in South Courtice, be received for information.
Carried
13.4 Closed Session
Resolution #C-206-19
Moved by Councillor Neal, seconded by Councillor Anderson
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with advice that is
subject to solicitor -client privilege, including communications necessary for that
purpose.
Carried
13.5 Rise and Report
The meeting resumed in open session at 9:22 PM with Mayor Foster in the Chair.
Mayor Foster advised that one item was discussed in "closed" session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Councillor Traill left the meeting.
rectify the situation.
Carried
14 By-laws
Resolution #C-208-19
Moved by Councillor Hooper, seconded by Councillor Anderson
That leave be granted to introduce By-laws 2019-036 to 2019-037
14.1 2019-036 Being a By-law to exempt a certain portion of Registered Plan 40M-
2540 from Part Lot Control
14.2 2019-037 Being a By-law to Authorize a Franchise Agreement Between the
Corporation of the Municipality of Clarington and Enbridge Gas
(Agenda Item 11.1)
That the said by-laws be approved.
Carried
15 Procedural Notices of Motion
15.1 Procedural Notice of Motion to Reconsider Resolution #C-175-19 pertaining
to the Strategic Priorities for the Municipality of Clarington
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:
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A. Engaged Communities
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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
16 Other Business
None
7 Confirming By -Law
Resolution #C-209-19
Moved by Councillor Hooper, seconded by Councillor Anderson
That leave be granted to introduce By-law 2019-038, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held on
the 21 st day of May, 2019; and
That the said by-law be approved.
Carried
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18 Adjournment
Resolution #C-210-19
Moved by Councillor Neal, seconded by Councillor Jones
That the meeting adjourn at 9:29 PM.
Mayor
Carried
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ADR Chambers Ombuds Office
Telephone: 1.844.23 5.4442
Fax: 1.877.803.5127
Email: ombudsman@adr.ca
P.O. Box 1006, 31 Adelaide St. E., Toronto, Ontario MSC 21<4
Complaint Reference Number: MUN-322-081.8
Complaint Commenced: February 5, 201.9
Date Required Information Received: April 3, 2019
Report Date: May 30, 2019
Investigator: Jonathan Jacobs
Terms of Reference
This report has been prepared pursuant to the ADR Chambers Ombuds Office (ADRO) Terms of
Reference for the Municipality of Clarington ("Clarington") which describe the scope of
ADRO's mandate, its process upon receiving Complaints, and the authority and responsibilities
of an ADRO Investigator. Defined terms used below have the same meaning as in the Terms of
Reference.
Complaint
The Complainant and some of her neighbours who purchased real property in the new
subdivision of Delta Rae Homes, complain that Clarington should have been prohibited from
installing a sidewalk that cuts across the middle of their driveways. The Complainant and the
neighbours assert that they were led to believe that no sidewalks would be installed across their
lots in any location at the time they purchased their houses from the developer. Two Municipal
Councilors sought a council meeting to review Clarington's decision to install the sidewalk
across these residents' lots before construction began, and requisitioned a report from.
Clarington's Engineering Services Department regarding the installation of the sidewalk in the
undesirable location. At the Municipal Council meeting, a majority of councilors voted to accept
and maintain the Engineering Services Department's report regarding the installation of the
sidewalk across the middle of the residents' driveways. This outcome was not to the
Complainant's satisfaction. The Complainant proceeded to ask a Municipal Councilor, an
assistant to the mayor, and a representative of the Engineering Services Department whether it
was possible for the municipality to reconsider, or for her to appeal, the decision of the
Municipal Council that confirmed the Engineering Services Department's recommendation to
install the sidewalk across their driveways. Upon being informed by all of these municipal
personnel that it was not possible for her to obtain a reconsideration of the decision, nor that any
right existed to appeal to an office or department within Clarington, the Complainant escalated
W
the matter to the Ontario Ombudsman where she sought to appeal the decision of the Municipal
Council.
Decision of Clarington
Clarington Municipal Council decided to confirm the Engineering Services Department's Report
(EGD-013-18) that recommended the installation of a sidewalk on the west side of Tooley Road
from Nash Road to 275 meters north as indicated in the subdivision drawings that was approved
by Clarington's Engineering Department, and in accordance with the Clarington Official Plan.
The placement of the to -be installed sidewalk was to cut across the middle of the driveway of
each of 9 single-family house lots on Tooley Road. The Municipal Council's decision to install
the sidewalk was confirmed through its passage of By -Law 2018-066 on the same date that
Municipal Council had its vote, which was July 3, 2018. Different personnel of Clarington
determined and informed the Complainant that there was no ability for a resident to seek the
reconsideration of a Municipal Council decision, or to appeal the decision, to an office or
department of the municipality.
ADRO Investigation
After an initial view letter was sent to the Complainant regarding the inability of the ADRO to
review the basis for the decision of Council to install the sidewalk, the ADRO decided to
investigate the issue as to whether or not the Complainant was provided with incorrect
information by Clarington regarding the inability of a resident to seek reconsideration, or appeal,
of a decision by Municipal Council to an office or department of the municipality.
ADRO reviewed the documentation provided by both the Complainant, a fellow resident of the
Delta Rae Homes community, and Clarington and conducted telephone interviews with:
- The Complainant and a fellow resident of the Delta Rae Homes community
- Principal Planner of Clarington
ADRO Analysis
Background
The Complainant asserts that she was told by the Delta Rae Homes developer that she purchased
her house from that there would not be sidewalks placed across the driveways of the to -be built
lots. She cites an unsigned site plan prepared by Baseline Properties Ltd. that she received from
the developer with a hand-written date of January 29, 2017, that showed the lots without either
driveways or the inclusion of a sidewalk across the driveways. Furthermore, the Complainant
provided an email from Delta Rae Homes dated February 19, 2017 that explicitly indicated that
driveways that face Tooley Road (which included the Complainant's house) would not have
sidewalks. Finally, she cites an e-mail from a Municipal Councilor to her that indicated at the
time approval of the development it was agreed that no sidewalks would be placed on the to -be
2
23
developed lots abutting Tooley Road, in order to keep the rural feel of the street, and that it was
not in Clarington's plans for the near future to install sidewalks. The Complainant relies on this
evidence to support hers, and her neighbours' position, that the Municipal Council's decision to
confirm the installation of the sidewalk across their lots was made in contravention of the site
plan and the indications of the developer and Municipal Councilor that were given to her.
The Planning Department confirmed that the Official Plan of Clarington had, long before the
development was approved, provided for the installation of sidewalks on the area of Tooley
Road at issue due to that section of Tooley Road having been designated as a collector road with
sidewalks planned to be installed on both the east and west sides of the road. When the initial
developer applied to develop the property that would become known as Delta Rae Homes, the
Clarington Planning Department required, as a condition of the approval of the subdivision
development, that a sidewalk on the west side of the Tooley Road from Nash Road to the
northern property boundary be installed to the satisfaction of the Director of Engineering
Services (Planning Department Report PSD-015-16). This decision of the Planning Department
was issued on February 10, 2016, and notification to all interested parties was delivered shortly
thereafter. A lot grading plan was subsequently prepared by D.G. Biddle dated April 2016 and
was submitted to Clarington's Director of the Engineering Services Department for approval.
Included in that lot grading plan was a clear and detailed drawing of the location of a sidewalk
across the middle of the driveways of the 9 single-family house residential lots.
At that time, the Complainant was not an interested party as she had not yet purchased a pre -
development lot from the developer. The opportunity to appeal the decision of the Planning
Department that approved the subdivision (per Report PSD-015-16) to the Ontario Local
Planning Appeal Tribunal (LPAT) with the aforementioned condition of the installation of the
sidewalk, was required to be made within 20 days after the Planning Department rendered its
decision. That notice of appeal was to be submitted to the Municipal Clerk, which would be
forward to the LPAT. No appeal was taken by any of the notified interested parties and the
Planning Department's conditional approval of the subdivision, including the location of the
placement of the sidewalk, was confirmed. The final draft plan for the development, which
included the placement of the sidewalk across the driveway of the Complainant's and her
neighbours' houses, as per the April 2016 lot grading plan, was confirmed in May 2017.
The Ability To Review Or Appeal Municipal Council's Decision
Following a request by a Municipal Councilor for Council to review the installation of the
sidewalk on Tooley Road at a future Council meeting, the Engineering Services Department was
asked to provide a report regarding the placement of the sidewalk in the location that was
undesirable to the Complainant. This was provided in the form of an Engineering Services
Department Report (Report EGD-013-1.8), which continued to support the placement of the
sidewalk in the location provided for in the lot grading plan. The report was submitted to
Municipal Council for its review at a July 3, 2018 council meeting. The Municipal Council
adopted, through a 4-3 vote, the recommendations provided for in the Engineering Services
Department's report and the installation of the sidewalks proceeded as per the Official Plan, the
Planning Department's subdivision approval conditions, and the lot grading plan that was
Mj
submitted and ultimately approved in May 2017 by the Director of Engineering Services. By -
Law 2018-066 was passed by Clarington that confirmed Municipal Council's approval.
I have reviewed the Municipal Act, Clarington's Public Complaints Handling Policy, and the
jurisprudence, and have not located any authority that provides for a resident's right to challenge
or review a vote by Municipal Council to an appeal body within the municipality, or other
municipal department, on account of that resident's dissatisfaction with the outcome of the
Council's vote.
Accordingly, I do not find that the Clarington personnel the Complainant contacted after the
Council's vote incorrectly indicated to the Complainant that no right of reconsideration or appeal
of the decision of Municipal Council existed, at least as concerns an appellate department or
office within the municipality.
I note that a Court proceeding could be commenced by a resident to the Superior Court against
the municipality to challenge the validity or enforceability of a by-law passed by Municipal
Council that may be alleged to be ultra vires to matters within the municipality's authority and
jurisdiction. While that may be considered an available route to `appeal' a Municipal Council's
vote that produces a by-law that confirms their decision, this course of action does not appear to
me to be the type that was contemplated by the Complainant or the Ontario Ombudsman when it
raised the question as to what rights of appeal of a Municipal Council decision the Complainant
may have available. Even though an opportunity for the Complainant to formally appeal
Clarington's Planning Department's decision to its Municipal Clerk for review by :LPAT was
available for 20 days starting in mid -February 2016, the Complainant, who was not yet an
interested party in the development, would not have been in a position to be mindful of
challenging the determination made by Clarington regarding the requirement imposed on the
initial developer to install the sidewalk. In any event, it does not appear that the Complainant
was advised by any representative of Clarington that these avenues to review the municipality's
decision regarding the installation of the sidewalk were available, notwithstanding their
questionable applicability as the right method for the Complainant to avail herself of challenging
the Municipal Council's decision.
It is my understanding that the actual developer of the 9 single-family homes on Tooley Road,
which includes the Complainant's lot, acquired these lots from the initial developer who
submitted the plans to Clarington and upon whom Clarington imposed the conditions regarding
the requirement to install the sidewalk. It is unknown what information the actual developer of
the 9 lots obtained from the initial developer regarding the sidewalk requirements. In any event,
the decision by the actual developer to provide the information that it did to the Complainant is
concerning given the knowledge that it had, or ought to have had, regarding the conditions that
Clarington imposed on the initial developer regarding the installation of the sidewalk when it
conditionally approved the subdivision. Furthermore, the actual developer ought to have known
of the requirements provided by Clarington's Official Plan to install the sidewalks on Tooley
Road, and the lot grading plan that the initial developer submitted that included the presence of
the sidewalk across the driveways. The Complainant acknowledged during her interview that,
prior to purchasing a pre -development lot from the actual developer, she did not attend at
Clarington's Planning Department to retrieve or review any documents related to the
M1
development, all of which would have been available to review prior to her purchase of the
single-family house from the actual developer.
Unfortunately for the Complainant, and her neighbours, it appears that the developer they
purchased their houses from misrepresented to them that no sidewalk would be installed across
their driveways. It is unclear why the developer made that representation, given the existence of
the submitted lot grading plan of April 2016, the Clarington Official Plan and the Planning
Services Report of February 2016.that had all clearly identified the requirement to install a
sidewalk on the lots to -be built on the west side of Tooley Road. It is also unclear why the
developer provided the Complainant only the Baseline Properties site plan for their lots, which
doesn't show the presence of the sidewalk. In so doing, the developer gave the impression to the
Complainant, and her neighbours, that a sidewalk would not be installed across the driveways of
their to -be built lots.
Recommendation
ADRO has found that the Complainant was not incorrectly advised that an appeal route of a
Municipal Council decision was unavailable within the offices or departments of the
municipality. Accordingly, there is no need for Clarington to take any action regarding a
reconsideration or review of Municipal Council's decision that confirmed the Engineering
Services Department's and Planning Department's reports that respectively recommended and
required the developer to install the sidewalk on Tooley Road across the Complainant's and her
neighbours' driveways.
Respectfully submitted,
Jonathan Jacobs
ADRO Investigator
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: Michael Seaman, Director of Planning Services
Date: June 6, 2019
Subject: 26 Concession Street W, Heritage Designation
File: LD2018-003 & 004
As a condition of Land Division, 26 Concession Street West is being designated under
the Ontario Heritage Act. Council previously approved PSD-061-18, at the July 3, 2018
Council meeting. Over the past year the owners have been working on the land division
of the two lots shown on the layout below with red hatch lines.
The land survey for the two severed lots and the remaining lot for 26 Concession Street
West was recently (May 12, 2019) as 40R-3051 1.
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6 1905-623-3379
27
The necessary advertisement regarding the designation was advertised in the
newspaper and the Clerk did not receive any objections. As such the designating by-
law is on the June 10, 2019 Council agenda.
Michael Seaman, MCIP, RPP
Director of Planning Services
IIK_PP'
The Municipality of Clarington
Engineering Department
1780 Rudell, Newcastle,
ON; 1_113 IG8
RE: Regional Municipality of Durham Contract D2018-004
Road Reconstruction on Reg. Rd 57 from Concession Rd.3 to north of Concession R. - Noise
By-law exemption
Infrastructure is applying for a noise exemption permit. The following details apply,
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Type *f W#ARaziwtvlk- Crxsttr�, 0 Aew 2ligAmeAt tA RegitxA-Rit
57&Concession Rd 3 and Regional Rd 57&Old Scugog Rd I
Tom jukica
Project Manager
416-989-0924
tjukica@kappinfrastructure. com
161 Trade Valley Drive, Vaughan, ON L4H 312 9. 905.738.6678 1 F.905.738.6281 I KAPPinfrastructure.com
Special Provisions — General Requirements Contract D2018-004
1 The Work shall be performed in seven stages as detailed below, unless approved
by the Contract Administrator.
2 All work required to complete Concession Road 3 (1 +000 to 1+200) and Regional
Road 57 (9+800 to 11 +100), including permanent traffic signals and illumination is
to be completed in 2018.
3 All work required to complete Regional Road 57 (111 +100 to 12+400) and
Concession Road 4 is to be completed in 2019.
Stage 1 — Conc. Road 3 from 1 +010 to the east limit (Sta. 1 +010 to 1+200) 190m — 3
Weeks
Close Concession Road 3 from Regional Road 57 to Middle Road (local traffic only) to
complete the work.
Detour via Longworth Avenue and Scugog Street / Middle Road.
Full depth pavement removal from 1 +010 to 1+200
Partial reconstruction with new granular "A" from 1 +010 to 1+065.
Full depth reconstruction from station 1 +065 to 1 + 180.
Construct entire storm sewer system.
Construct new curb and sub drain, boulevards and MUP, including seed and sod and
traffic and illumination works.
Pave two layers of base asphalt from station 1 +010 to 1+200.
Place final configuration line markings.
Stage 2 — Regional Road 57 south of Conic. Rd. 3 (Station 9+800 to 10+020) 220m — 2
weeks
Open Concession Road 3 to traffic.
Pulverize Regional Road 57 from 9+800 to 10+010.
Complete excavation, widening, sub drain, concrete curb, boulevard works, traffic
signals and illumination works.
Complete a temporary connection to the existing alignment at 10+020.
Pave two layers of base asphalt from station 9+800 to 10+020.
Place temporary lane markings.
Adjust signal heads (x2) N/S to accommodate shifts in traffic.
Stage 3 — 3A, 3B & 3C — Reg. Rd. 57 north of Con. R. 3 to north of Old Scugog Road
(STA 10+020 to 10+440)
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Construct the new road, boulevards, sidewalk and illumination works up to the east
edge of existing Reg. Rd. 57 shoulder on the proposed new alignment.
Construction to occur offline of existing Regional Roadr57.
Construct storm sewer crossings and place temporary asphalt at sta. 10+430 and
2+040 during off peak hours utilizing flagging and lane closures.
I B.
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Special Provisions — General Requirements Contract D2018-00e.
Detourtraffic 'Road (Rea.Rd4), LibertyStreet North (Reg. Rd.-14)
andonqwoO"nue.
IIMT,f 777�m
Stage X (10+020 to 10+440) 420m — 1 Week
ligil"Irar-lilmlilm
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signals and illumination works.
Construct DIMH 7 and connection to existing 1050mm diameter concrete pipe.
Pave two lifts of base asphalt HDBC between 10+020 to 10+440.
Place temporary line markings.
Adjust signal heads at Reg. Rd. 57 and Conc. Rd. 3 to accommodate shifts in
traffic.
Energize permanent signals.
Stage 4 (10+440 to 11+100) 660m — 4 Weeks
Construct remaining works to the north limit of Location 1 to station 11 +100.
Complete works within Location 2 between stations 11+100 to 11+700.
Clearing and grubbing (details provided under item 1.01.01)
Remove and replace entrance culverts.
Strip organic materials from the shoulder and fore slope rounding throughout.
Cold plane existing pavement, partial depth 40 mm, to remove existing surface asphalt.
Pulverize existing asphalt pavement, underlying granular and adjacent shoulder to a
depth of 200 mm.
Regrade pulverized material over full width of existing road platform and compact.
Place, grade and compact Granular A full width at an average depth of 75 mm.
Place one 60 mm average depth lift of HDBC (PGAC 64-28) 8 m wide over new granuk
grade.
Place one 60 mm average depth lift of HDBC (PGAC 64-28) 10 m wide.
Tack coat between all lifts of new and existing hot mix asphalt.
Place 40 mm average depth HL 1 (PGAC 64-28) over new base asphalt.
The use of a material transfer vehicle is required for placement of both the base and
surface asphalt.
Recycled Asphalt Pavement shouldering, typical 6% cross -fall, average width 1.0 m.
Ditching (details provided under Gradall rental item 1.20.01)
Restoration of driveway aprons and adjustment of mailboxes to suit new grade.
Sodding and seeding of disturbed ditches and boulevards as directed by Contract
Administrator.
Place waterborne pavement markings.
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REGiONAL ROAD 57
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O SIGNALS TO ACCOMMODATE
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NOT TO SCALE
STAGE 313
10+060.00
ONE WEEKEND CLOSURE OF REG. RD. 57
51
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45
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CONSTRUCT DIMH7 AND CONNECTION TO
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STAGE 3B — WORK ZONE
STAGE 3C — WORK ZONE
NOTE: ALL DIMENSIONS ARE IN METRES UNLESS OTHERWISE NOTED.
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GENERAL NOTES.
THE POSTED SPEED LIMIT OF 80km/h WILL BE REDUCED TO
60km/h DURING CONSTRUCTION STAGING. ACCESS TO
RESIDENCES AND BUSINESSES SHALL BE MAINTAINED AT ALL
TIMES. TAPER LENGTHS AND LANE SHIFTS TO BE DESIGNED
FOR 80km/h.
TC-54 MARKERS SPACING TO BE 5m WITHIN 60m OF
INTERSECTIONS AND WITHIN 60m OF NORTH AND SOUTH
CONSTRUCTION LIMITS ON REG. RD. 57 (8m MAXIMUM
SPACING EVERYWHERE ELSE.) TC-54 MARKERS TO EXTEND
MINIMUM 25m BEYOND CONSTRUCTION.
THE CONSTRUCTION STAGING PLAN SHOWN HERE IS
SCHEMATIC ONLY. REQUIRED TRAFFIC CONTROL DEVICES AND
CONSTRUCTION SIGNAGE ARE NOT SHOWN ON THESE PLANS.
DISTANCE OFFSET FROM TRAVELED LANE TO TC-54 MARKER
MINIMUM 0.3m MINIMUM LANE WIDTH 3.30m DURING
CONSTRUCTION.
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...:I. VIE E: 2018 OR
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A. GORMAN DATE: 2018 OR
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THE REGIONAL MUNICIPALITY
OF DURHAM
WORKS DEPARTMENT
WHITEY ONTARIO
CONSTRUCTION STAGING PLAN
STAGE 3
3/4 N "o57 �o CLARINGTON
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Clarington Museums & Archives
Meeting of the Board:
May 8, 2019
MAC Meeting Room 1 C, 163 Church Street, Bowmanville, Ontario
Present: A. Foster, S. Middleton, M. Morawetz, S. Reiner, M. Ross, K. Warren, H.
Ridge (ED), G. Anderson
1. Call to Order:
K. Warren, Chair of the Board, called the meeting to order at 7:01 pm
2. Adoption of Agenda:
Moved by: S. Reiner Seconded by: A. Foster
THAT: The agenda be approved.
MOTION CARRIED
3. Disclosure of Interests:
None
4. Adoption of Previous Minutes:
Moved by: S. Reiner Seconded by: M. Morawetz
THAT: The minutes be approved with corrections in the reports section, b)
Membership, where the subject of the discussion was actually whether keeping
memberships was necessary, and that A. Anderson, as read in Regrets, should have
read G. Anderson.
MOTION CARRIED
5. Business Arising from Minutes:
None
6. Correspondence:
None.
7. Announcements:
M. Morawetz passed out Door's Open Clarington and Door's Open Ontario
pamphlets to all in attendance, and encouraged everyone to attend. She also
mentioned that Door's Open Clarington was still looking for volunteers for June 8tn
She thanked the Museum for assisting with research and hoped that the Museum will
33 1of3
continue to be involved in the event. S. Middleton stated that on June 1 st, Newcastle
United Church will be holding a cemetery tour. M. Morawetz said that Eldad United
Church was doing something similar.
8. Reports:
a) Finance:
A question was raised regarding financial forecasting for the Museum, and whether
current operations are sustainable. H. Ridge said that the financial statements could
look different from last year due fluctuations in donations and sponsorships for
several exhibits. H. Ridge asked if the Board would like the Museum's bookkeeper to
attend a future meeting. It was decided that financial statements from past years will
be assessed in order to get a more complete picture first.
b) Programming:
A question was raised regarding the Museum's participation in this year's Maple
Fest. H. Ridge explained that it was quite successful with a new approach to the
downtown festivals. A full report will be included in the June Program Report.
A question was asked about annual events that the Museum offers, and if they had
retained their value to the community. K. Warren mentioned that Canada Day and
Edwardian Christmas were the two largest events, pulling in the most people, but
also were historically low revenue streams.
Moved by: S. Middleton Seconded by: M. Ross
THAT: The all Reports of May 2019 be received.
IJ[641[C7,[a_1NN1:4
9. Strategic Plan Working Group:
S. Reiner explained that CMOG was aware that some organizations were feeling
rushed with the need for a better strategic plan, so they allowed organizations to
either give a 2-year plan, or the full 5-year plan. S. Reiner told the board that the
Strategic Planning Group had decided to prepare a 2 year plan which would provide
the basis for the 5 year plan that the Museum would have to complete in the future.
She said that the Group would have a draft plan ready for the June board meeting.
In order to gain more input for the strategic plan, the Group would be holding a
workshop for Museum staff this month. Meetings with other community stakeholder
groups will be held for the future 5-year strategic plan.
10. New Business
a) M. Morawetz asked for the board's approval to have staff be involved in Door's
Open Clarington if they wished. The event is volunteer driven, but in the past, the
Museum has allowed paid staff to attend and assist. The board gave its approval
and H. Ridge will discuss with staff where they are most needed for the event.
b) K. Warren and H. Ridge discussed their phone call with J. Roantree, a past
Museum donor who had inquired about the Museum's current collections policy.
34 2of3
c) S. Reiner raised a discussion for the Board that in a previous Strategic Plan
Working Group meeting, the group had discussed the resource constraints of the
annual Canada Day celebration. The Museum's Canada Day event involves a
heavy expenditure of staff, volunteers and event funding. Issues include all staff
working on a statutory holiday, which is costly; and historically, weather has
played a large part in the attendance of the event as it is held primarily outside.
There have also been issues with too much or too little food, as well as difficulty
finding volunteers as it is a long weekend. Food trucks have been suggested as a
solution for both finding volunteers and issues related to food sourcing and sales.
It was discussed that there may be issues relating to permits, and it could be
difficult due to timing to explore this avenue for 2019. There was a suggestion of
contacting a local pizza chain restaurant to discuss the possibility of selling slices.
All ideas would be considered for the event, and an update will be provided for
the next meeting.
11.In Camera
None
12. Date and Place of Next Board Meeting:
The next meeting will be held on June 12, 2019 at 7 p.m.
Location: MAC Meeting Room 1 C, Bowmanville Library
13.Adjournment:
Moved by: A. Foster Seconded by: M. Ross
THAT: The meeting be adjourned at 7:44 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
kp
3of3
Clarington Heritage Committee
ClaringtonMinutes
May 21, 2019
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Minutes of the Clarington Heritage Committee held on May 21, 2019, at 7:00 PM, at the
Clarington Municipal Offices in Room 1 C.
Members Present Were: David Reesor, Marina Ross (Museum), Ron Sproule, Jason
Moore (ACO), Peter Vogel, Bob Malone (NVDHS), Noel
Gamble (until 8:25p.m.), Kathryn Warren, Victor Suppan
Regrets: Councillor Hooper, Steven Conway
Staff Present: Faye Langmaid, Sarah Allin, Planning Services
Guests: J. Gallagher, Deputy Clerk
1 Declaration of Pecuniary Interest
There were no disclosures of interest stated at this meeting.
2 Adoption of Agenda
Moved by B. Malone, seconded by D. Reesor
The Agenda be adopted with the following amendment: `Committee Orientation' under
Business Arising, be dealt with as the first item under Delegations/Presentations with a
presentation by J. Gallagher, Deputy Clerk,
"Carried"
3 Adoption of Minutes of Previous Meeting
Moved by B. Malone, seconded by N. Gamble
That the minutes of the Meeting of April 16, 2019 be accepted.
"Carried"
4 Delegations/Presentations
4.1 Committee Orientation; Presentation by J. Gallagher, Deputy Clerk
J. Gallagher provided a presentation on Committee Orientation. Topics covered
included the roles and responsibilities of the Heritage Committee and its members, code
of conduct, and accessibility training. The presentation was based on materials
previously circulated to the Committee as part of the May 21, 2019 agenda package.
Clarington
Clarington Heritage Committee
Minutes
May 21, 2019
All Heritage Committee members are required to complete an online accessibility
training module. Planning staff will provide the link to the module. Alternative
arrangements for completion of the training can be made in the event Heritage
Committee members do not have access to a computer.
The new items in the protocol package are the Municipal Conflict of Interest legislation,
the Freedom of Information and Privacy Act information and Code of Conduct items.
Committee members were asked to review these.
Planning staff will circulate the draft Heritage Committee meeting agendas to the Chair
and Vice Chair prior to posting to the website.
4.2 Municipal Register; Presentation by Planning Services Staff
Planning Services staff provided a presentation previously delivered to Planning &
Development Committee on April 23, 2019 regarding the addition of properties to the
Municipal Register. The presentation accompanied Planning Services Report PSD-025-
19. An article summarizing the presentation was published in the May 13, 2019 edition
of the Clarington This Week.
V. Suppan requested an overview of how frequently staff will be moving forward with the
Committee's recommendations to add properties to the Municipal Register. Planning
staff will consider in light of the changes to the Ontario Heritage Act proposed by `Bill
108 More Homes, More Choices, 2019' and report back at a subsequent Committee
meeting.
5 Business Arising
5.1 Ontario Heritage Conference; Goderich ON, May 30-June 1, 2019
M. Ross has registered to attend the conference, and has arranged accommodations at
no cost. Committee members thanked M. Ross for arranging to attend and look forward
to hearing about her experience. It was recommended by committee that M. Ross
purchase a gift certificate in the value of $75 for the family that is hosting her at the
conference at no cost.
6 Correspondence and Council Referrals
None.
7 Reports from other Committees
7.1 Bowmanville, Orono & Newcastle CIP
Public art projects funded by OMAFRA's Main Street Revitalization initiative are moving
along; ideas for each community were presented to the respective CIP meetings in
April, and are being formalized in preparation for issuing proposal calls
-2-
kh
Clarington
Clarington Heritage Committee
Minutes
May 21, 2019
• Bowmanville: The project in Bowmanville will be a form of wall art promoting the
expression of youth. It is hoped that the artists would work with a local youth
group to create and install the project on a wall in the downtown. Possible wall
locations include James Insurance building (replacement of mural) and other
blank walls in the downtown.
• Orono: The public art project in Orono will include the procurement and
installation of artistic bike racks in strategic locations in the downtown area to
build upon Orono's popularity as a destination for cyclists. An event to celebrate
cycling and chalk art is being considered for Fall 2019. Grant funding has been
received to proceed with an accessibility elevator at Orono Town Hall. Clarington
staff will attend a future Heritage Committee meeting on this matter. The Orono
Town Hall clock tower work was included in the 2019 budget. Operations has
been alerted to the drainage issue at the southeast corner of the building.
• Newcastle: Newcastle's public art project idea is a garden sculpture treasure
hunt; several sculptures would be located in public gardens in the downtown
area. As well, private properties would be invited to participate. A Gift of Art will
be involved in the process. Buster's, identified as having heritage building, has
removed the front canopy and pillars for safety reasons. The CIP Group was
apprised of the Committee's recommendation to add DocVille (816 Reg. Rd 17)
to the Municipal Register. The Walbridge House will be 200 years old this year,
and consideration should be given to honouring it in some manner.
7.2 Architectural Conservancy of Ontario (ACO), Clarington Branch
Continued preparations for Doors Open, scheduled for June 8, 2019. Presence
at Maple Fest was successful in promoting Doors Open, and Jury Lands tours. A
Doors Open orientation night is being held shortly to prepare all the volunteers.
Send along any young people to volunteer who might be interested in obtaining
community service hours.
Jury Lands tours are growing in popularity; donations are being accepted and
group specific tours can be scheduled.
7.3 Newcastle Village District Historical Society (NVDHS)
A corporate members' recognition event was held on May 4, 2019. Invitations to
future recognition events will be delivered.
The digitization project is progressing, and appears to be on budget to date. The
hope is to complete the project on budget, however the NVDHS is looking to the
Heritage Committee or its members for donations to the project. Committee
Chair and Vice Chair invited the NVDHS to make a presentation at the June
Committee meeting. Presentation materials will be provided to committee
members in advance.
• NVDHS is promoting Doors Open.
-3-
Clarington Heritage Committee
ClaringtonMinutes
May 21, 2019
7.4 Museum
The approach to MapleFest this year was to have staff walk around the event,
rather than have a static location. The event generated 90 attendees at Waverley
Place, and 50 attendees at the Sarah Jane Williams Heritage Centre; an
improvement from previous years.
June 8, 2019 is the Teddy Bear Picnic
Museum Board is lending support to Doors Open by encouraging staff to
volunteer.
7.5 Wilmot Heritage Park
On April 2, 2019 a meeting was held with D. Mowat, the community Liaison for
the Mississauga First Nations of Scugog. B. Malone and V. Suppan met with D.
Mowat more recently at the NVDHS Room, and the site of the future heritage
park. A follow-up meeting with the First Nations communities of the Williams
Treaty is expected to be scheduled shortly. Efforts will continue to involve all
stakeholders, and the Committee will be kept apprised of the project's progress.
8 Project Reports
8.1 Municipal Inventory and Register Committee:
Committee members evaluated two (2) properties for potential inclusion on the
Municipal Register, and recommend as follows:
• 120 Wellington Street (Central Public School): Group 1 Evaluation; the
structure and the surrounding property be designated under Part IV;
significant to the community and its past, and its Romanesque design
represents the importance the community placed on education and public
access; and
• 41 Temperance Street (former Bowmanville Post Office): Group 1 Evaluation;
the structure be designated under Part IV; significant as it represents the few
buildings constructed in the mid-century modern style in Clarington, and as its
contribution to the community as a post office.
19.18 Moved by B. Malone, seconded by D. Reesor
That the Clarington Heritage Committee recommends to Council that the properties at
120 Wellington Street and 41 Temperance Street be added to the Municipal Register
via designation under Part IV of the Ontario Heritage Act.
"Carried"
• Committee requested Planning staff look into the logistics of pursuing designation of
a federal building.
t
Clarington
Clarington Heritage Committee
Minutes
May 21, 2019
The sub -committee will bring forward additional information regarding Haydon
School at the Committee's June meeting.
The sub -committee will be focusing on properties subject to Interim Control By -Law
2018-083 and the Neighbourhood Character Study, specifically those in Area 1.
Members are considering the modification of the date score on the Building
Evaluation System Score Sheet to reference age of the structure, rather than a
specific date range. Proposed modifications will be presented at a subsequent
meeting.
8.2 Outreach/Education Committee: Members have been providing support to Doors
Open. No additional items.
9 New Business
• Upcoming Works: Operations - Building staff will be attending a subsequent
Committee meeting to discuss Orono Town Hall and Bowmanville Museum works;
• Site Plan Application SPA2019-0003 Re: 280 King Street East: The Committee
was circulated the site plan application for the redevelopment of the property which
includes the demolition of the existing dwelling. The Committee recently evaluated
the dwelling and recommended that it be photographed and documented prior to
demolition. Planning staff will circulate the Heritage Impact Assessment prepared by
the applicant, and forward the Committee's recommendation to appropriate staff.
• Bill 108, More Homes, More Choices Act, 2019: Planning staff provided a brief
summary of the changes to the Ontario Heritage Act proposed by Bill 108 (Schedule
11). A summary document provided by the ACO ((provincial office) will be circulated
to Committee members. The proposed changes are open for consultation through
Ontario's Environmental Registry until June 1, 2019; all are encouraged to review
the proposed changes and submit comments.
• Acknowledgements:
o The passing of Mavis Carlton; an integral participant on LACAC in the 1980-
90s, and active in community initiatives; and
o The retirement of Bert Duclos from his position as Heritage Outreach
Consultant with the Ministry of Tourism, Culture, and Sport, effective May 8,
2019.
• Heritage Incentive Grants (HIG): One HIG has been received for 2019 to date.
Additional applications received in advance of the May 31s' deadline for 2019 grants
will be brought forward at the June meeting.
10 Adjournment
K. Warren and D. Reesor at 9:10 p.m.
Next Meeting: June 18, 2019, 7:00 p.m. Clarington Municipal Offices, Room 1 C
-5-
EN
Clarington
Clarington Diversity Advisory Committee
Wednesday, April 24, 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 (until 8:15 p.m
Derryck Lamptey (until 8:00 p.m.)
Rajeshwari Saharan
Laila Shafi
Rachel Traore
Also Present: Erica Mittag — Community Development Coordinator
Regrets: Ashfaque Choudhry
Kenneth Ilechukwu
Dorothy Koziorz
John Sawdon
The meeting called to order at 7:07 p.m.
1. Adoption of Agenda
Moved by Rachel Traore, seconded by Rajeshwari Saharan
That the agenda of the meeting of April 24, 2019 be approved.
Carried
2. Adoption of Minutes
Moved by Rachel Traore, seconded by Laila Shafi
That the minutes of the meeting of March 27, 2019 be approved.
Carried
3. Committee Mission and Vision Statements
Laila Shafi reviewed the Mission and Vision Statements developed at the March 27,
2019 meeting. Amendments were made to the wording by the Committee members.
alu
Moved by Rachel Traore, seconded by Laila Shafi
That the mission and vision statements as amended be approved.
Carried
4. Land Acknowledgement Statements
Erica Mittag provided an update on the status of developing a Land Acknowledgement
Statement. A meeting has been set up with Dave Mowat, Consultation, Lands and
Membership Supervisor with Mississaugas of Scugog Island First Nation, for Tuesday,
May 14 at 1:00pm. The following committee members will attend with Erica Mittag:
Derryck Lamptey, Rajeshwari Saharan, Rachel Traore (to be confirmed) and Councillor
Ron Hooper.
5. Strategic Planning Exercise
The Committee brainstormed and had some initial discussion towards developing a
workplan and goals. The discussion will continue at the next meeting of the committee.
Next meeting: Wednesday May 22, 7:00 PM
Municipal Administrative Centre, Room 1A
Clarington
Clarington Diversity Advisory Committee
Wednesday, May 22, 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 (arrival 7:30pm; departed 8:40 p.m.)
Dorothy Koziorz
Derryck Lamptey
Rajeshwari Saharan
John Sawdon
Laila Shafi (until 8:00 p.m.)
Also Present: Erica Mittag — Community Development Coordinator
June Gallagher and Samantha Gray — Clarington Municipal
Clerks Department (until 7:45 p.m.)
Regrets: Ashfaque Choudhry
Kenneth Ilechukwu
Rachel Traore
The meeting called to order at 7:10 p.m.
1. Adoption of Agenda
Moved by John Sawdon, seconded by Dorothy Koziorz
That the agenda of the meeting of May 22, 2019 be approved.
Carried
2. Adoption of Minutes
Moved by Laila Shafi, seconded by Dorothy Koziorz
That the minutes of the meeting of April 24, 2019 be approved.
Carried
3. Committee Responsibility Review
193
Samantha Gray and June Gallagher gave a presentation "Boards and Committees Mini
Orientation" and provided a hand out of the presentation to Committee members. The
presentation had three primary topics: Protocol, Meetings, Legislation.
4. Land Acknowledgement Statement - Update
Erica Mittag shared an update with the Committee on a meeting held May 14 2019 with
Dave Mowat, Consultation, Lands and Membership Supervisor with Mississaugas of
Scugog Island First Nation attended by Derrcyk Lamptey, Rachel Traore, Councillor
Ron Hooper and Erica Mittag. Mr. Mowat was able to provide some history and
background to treaties and land acknowledgement work in order to support the
Committee's recommendation that Council use a Land Acknowledgement Statement. A
draft statement will be shared with Mr. Mowat by Erica Mittag on behalf of the
Committee for his review and approval as our community expert on Indigenous history.
Moved by Laila Shafi, seconded by Dorothy Koziorz
That the proposed Land Acknowledgement Statement as amended be shared
with Mr. Mowat.
Carried
5. Strategic Planning Exercise
The Committee continued their brainstorming exercise and further discussion towards
developing a workplan and goals. The discussion points will be summarized and
reviewed and prioritized by the committee at their next meeting.
6. Other Business
Derryck Lamptey shared information about the inauguration of Ecole Viola Leger on
Friday May 24 at 2:00 p.m.
Erica Mittag and Dorothy Koziorz shared information about an upcoming ribbon cutting
ceremony for a new Rainbow Crosswalk in Bowmanville being held Thursday June 13
at 7:00 p.m. on Mearns Avenue in Bowmanville near John M. James Public School.
The meeting was adjourned at 9:00 p.m.
Next meeting: Wednesday June 26, 7:00 PM
Municipal Administrative Centre, Room 1A
Minutes of Meetinz — Tuesday, May 14, 2019
(Not vet annroved by committee)
In Attendance — Peter Kennedy, Chair Bryan Wiltshire, Arena Manager
Councillor Granville Anderson, Shea -Lea Latchford, Gary Oliver, Todd Taylor, Susan White,
Councillor Margaret Zwart
Regrets: Dave Bouma
Agenda Motion #19-020
Moved by Todd Taylor, seconded by Sue White THAT: the Agenda be accepted
as proposed.
2. Acceptance of Minutes Motion #19-021.
Moved by Gary Oliver, seconded by Sue White THAT: the minutes of
April 9, 2019 be accepted.
CARRIED
Chair's Report - Peter reported the cleaning and painting are on schedule and
thanked Staff for all their hard work. The Home and Art Show have been
scheduled and Ball Hockey schedule has started. We have received an update
Operations Manual from the Municipality which will be reviewed by the Chair
and Arena .Manager and any areas of concern will be brought to the Board. Three
of the four approved project proposals have been completed under budget. There
was been little progress on the remaining capital proposals to date. Peter also
reported that we have a signed contract the Farmers Market for 2019 season. The
Market opened this past weekend with a good turnout despite the miserable
weather.
4. Manager's Report — Brian presented his report and confirmed the Fire
Inspection was performed and the sprinkler repairs were complete. The painting
is on schedule and a Family Room is now available for use. `No :Parking' signs
and a speed strip will be installed by the Municipality. Also his staff has been
reduced to 3 members including himself for the Spring/Summer season.
n_m
2.
5. Treasurer's Report — Todd presented April and YTD financial reports in detail.
Motion: #19-022 -Moved by Gary Oliver, seconded by Margaret Zwart THAT:
these reports be adopted.
6. Motion #19-023 —Moved by Margaret Zwart, seconded by Gary Oliver THAT:
The purchase of Office Furniture Office at the cost of $3000be approved.
Motion #19-024 - Moved by Sue White, seconded by Granville Anderson
THAT: That the refreshing of the Arena Signs as per James Publishing Quote be
approved.
7. Next Meeting - TBD.
8. Adiournment Motion #19-01.9
Moved by Sue White, seconded by Todd Taylor THAT: the meeting be
adjourned.
The meeting adjourned at 9:15 PM
Chair
Secretary
w
Minutes of Meeting
May 29, 2019, 7 p.m.
MAC Meeting Room 1A
Members Present: Fred Archibald, Chair
Ann Harley
Councillor Ron Hooper (left meeting at 8 pm)
Evan King
Christine McSorley
Kim Neziroski
Brandon Pickard, Durham Tourism
Petra Schwritz
Bonnie Wrightman, CBOT
Regrets: Erin Senior
Amy Closter
Staff: Ashlee Kielbiski, Tourism Programmer
Laura Knox, Tourism Coordinator
Basia Radomski, Communications and Tourism Manager
1. Call to Order
Meeting was called to order — 7:02 pm
Introductions, new members: Christine McSorley, Kim Neziroski
2. Adoption of Agenda
Moved by, Ann Harley, seconded by, Petra Schwirtz:
That the agenda for May 29, 2019 be adopted.
Carried
3. Approval of April 11, 2019 Meeting Minutes
Moved by, Ron Hooper, seconded by, Evan King:
That the meeting minutes of April 11, 2019 be approved.
Carried
4. Presentations
o None
M
5. New Business
• Basia Radomski, Strategic planning working session:
o Basia presented an overview of the current state of the Tourism Division,
specifically, its focus and activities so that the committee could use that
information for strategic goal setting. Using a visual actions chart, Basia mapped
out the current state, action items and future goals, listing the current work plan
items that Clarington Tourism staff deliver on an annual basis.
o Basia presented a draft version of a Tourism mission and vision statement for the
committee to review and offer feedback. Out of the municipal strategic planning
survey, 55.2% of residents responded that Clarington is their `home'. The vision
and mission statement presented was used as a starting point for discussion. Due
to the short timeframe of the meeting and the amount of material that had to be
covered, the committee opted to move on and asked staff to email the sample
mission and vision to all members for review and suggestions for next meeting.
(Laura to email out to the group for feedback at next meeting)
o From there, Basia asked each member to brainstorm three to four vital priorities
Clarington Tourism should work towards for 2022. The group was to focus on the
future state. This would include strategic priorities and goals to achieve. The
group reviewed each idea and suggestion that was written and grouped them
based on similarities and common focus. Basia mapped out the suggestions on
the Action Chart.
o Moving forward, staff will review the future state strategic goals as outlined by the
Tourism Advisory committee and formulate appropriate action to achieve each
strategic goal. A summary draft of the Strategic Goals and actions will be
presented at the next committee meeting for review.
o The Tourism Advisory Committee hopes to recommend to Council its version of a
Tourism Strategic Plan in September 2019 for consideration.
o Meeting extension past 8:30 pm — agreed.
o The committee emphasized that branding awareness and a brand strategy is a
vital piece for Tourism and the division's strategic plans.
o Motion to council from the committee:
Whereas the Tourism Advisory Committee convened and has begun to develop a
tourism strategic plan;
And whereas branding the Municipality has come up as the key issue, one that is
of utmost importance;
Now therefore be it resolved that the Tourism Advisory Committee recommends
that Council expedite the development of a branding strategy for the Municipality,
which incorporates Tourism.
Motion: Fred Archibald, Seconded: Evan King CARRIED
6. Other Business
• None
7. Date of next meeting:
• Laura to send out dates for meeting end of June
8. Motion to adjourn
Moved by, Ann Harley; seconded by, Petra Schwirtz, Carried.
The meeting concluded at 9:00 p.m.
. •
Clarington
General Government Committee
Report to Council Meeting of June 10, 2018
Report to Council
Subject: General Government Committee Meeting of Monday, May 27, 2018
Recommendations:
1. Receive for Information
(a) 8.1 Minutes of the Ganaraska Region Conservation Authority
dated April 18, 2019
(b) 8.2 Minutes of the Bowmanville Business Improvement Area
dated April 9, 2019
(c) 8.3 Mark Majchrowski, Chief Administrative Officer, Kawartha
Conservation — 2018 Kawartha Conservation Annual Report
(d) FND-016-19 2018 Annual Statement for Cash In Lieu of Parkland Reserve
Fund
(e) CAO-002-19 New Staffing Policy
2. Jeannette Whynot, Accessibility Coordinator, Regarding National
AccessAbility Week (NAAW)
That the delegation of Jeannette Whynot, Accessibility Coordinator, regarding
National AccessAbility Week (NAAW), be received with thanks.
3. Pam Lancaster, Stewardship Technician, Ganaraska Region
Conservation Authority, Regarding an Annual Update on the
Ganaraska Region Conservation Authority
That the delegation of Pam Lancaster, Stewardship Technician, Ganaraska Region
Conservation Authority, regarding an annual update on the Ganaraska Region
Conservation Authority programs, be received with thanks.
4. Robert Malone and Henry Wildeboer, Clarington Task Force on
Affordable Housing, Regarding Surplus Properties
That Council receive the delegation from the Clarington Taskforce on Affordable
Housing and ask that their findings and recommendations be submitted to staff for
the development of an Affordable Housing Strategy and Toolkit;
Page 1
PE
Clarington
General Government Committee
Report to Council
That an update from staff be provided in October, pending Bill 108 regulations, with
a draft Toolkit outlining potential options for the Clarington Affordable Housing
Taskforce and Clarington Council to consider; and
That a draft of the toolkit be provided to the Clarington Affordable Housing
Taskforce in order to provide input and comment.
5. Status of Jungle Cat World under the Exotic Animal By-law
That Report CLD-013-19 be received;
That the By-law attached as Attachment 1 to Report CLD-013-19 be approved; and
That all interested parties listed in Report CLD-013-19 and any delegations be
advised of Council's decision.
6• Ralph Walton, Regional Clerk/Director of Legislative Services, Region
of Durham, Regarding Recommendation to Postpone "Come into
Force" date of the Construction Act
That the following resolution of the Region of Durham, regarding Recommendation
to Postpone "Come into Force" date of the Construction Act, be endorsed by the
Municipality of Clarington:
A) That the Regional Chair, in consultation with Corporate Services — Legal
Services Division, be authorized to write to the Attorney General and
request that:
i. the implementation of the prompt payment scheme and the
implementation of a mandatory adjudication system in the
Construction Act, R.S.O 1990 c. C.30 originally scheduled to come
into force on October 1, 2019 be delayed until one year following the
establishment of the Authorized Naming Authority; and
ii. the Province undertake to provide Municipalities with training and/or
guidance on the implementation of prompt payment and adjudication
for the protection and preservation of present and future public
projects; and
B) That the Regional Clerk be directed to send a copy of Report #2019-A-15
of the Commissioner of Corporate Services, any related resolution of
Regional Council and the Regional Chair's letter referenced above, to all
area municipalities for them to endorse and/or prepare their own letters to
the Attorney General in respect of delaying the implementation of the
prompt payment and mandatory adjudication system.
For Council Meeting of June 10, 2019 Page 2
Uarington
General Government Committee
Report to Council
7. Adam Hicks, Administrative Assistant, Township of Mulmur, Regarding
Aggregate
That the following resolution of the Township of Mulmur, regarding Aggregate, be
endorsed by the Municipality of Clarington:
That The Township of Mulmur recognizes the importance of aggregate
extraction and the proper management of aggregate resources, including
recycling aggregates;
Whereas Mulmur owns and operates a gravel pit;
Whereas the inappropriate extraction of aggregate can impact host
communities, including, but not limited to: risk to surface and
underground water supplies stress placed on local infrastructure; road
safety; air and noise pollution; loss of farmland; encroachment on
residential communities; interference with natural heritage systems;
Whereas, the Ontario Government commenced a detailed review of the
Aggregate Resources Act in 2016;
Whereas the Ministry of Natural Resources hosted a summit on
Aggregate Reform on March 29, 2019, and did not include municipal
government as stakeholders;
Whereas the Township supports the recommendations to allow policy
interpretation for accessing material under Road Allowances; and
Now Therefore Be It Resolved That The Township of Mulmur hereby
requests the following:
a) The Provincial Government provide for municipal representation
at future meetings related to the Aggregate Reform;
b) Municipalities be provided authority to regulate hours of
operation and haul routes within municipal boundaries;
c) If the Provincial level is accepted as a single level for
applications, Municipalities be provided a process through which
to provide comments on aggregate extraction activities
proposed within or in the vicinity of their boundaries;
For Council Meeting of June 10, 2019 Page 3
PM
Uarington General Government Committee
Report to Council
d) The comments on "Cutting the Red Tape" provided by the
Ontario Sand and Gravel Association be evaluated from the
perspective of the local host community and ensure that there
are mechanisms/processes in place to address impacts.
e) That land unavailable for extraction due to changes on the rules
to endangered and threatened species and other policies within
the Natural Heritage System continue to be protected.
$• Mandi Pearson, Clerk/Operations Clerk, Town of Petrolia, Regarding
Ontario Good Roads Association Re-establishment of a Combined
Conference for both OGRA and ROMA
That the following resolution of the Town of Petrolia, regarding Ontario Good Roads
Association Re-establishment of a Combined Conference for both OGRA and
ROMA, be endorsed by the Municipality of Clarington:
Whereas on the May 13, 2019 regular council agenda, correspondence item
12 q) was received from the Ontario Good Roads Association;
And whereas during the 2019 OGRA conference AGM a resolution was
passed regarding the reestablishment of an annual combined conference for
both OGRA & ROMA;
And whereas a past attendee of the combined conference, it makes great
sense for the OGRA & ROMA conference to be returned to a combined
conference effort each February, not only financially for the municipality but
also for availability for participation of members of Council and staff;
Now therefore be it resolved that the Council of the Town of Petrolia support
the original resolution passed at the OGRA AGM to re-establish a combined
OGRA & ROMA conference;
And furthermore that a letter be sent to the ROMA Board of Directors,
outlining our support for a collaborative OGRA ROMA annual combined
conference, and that this letter of support be circulated to the Ontario
Municipalities, and the OGRA Board of Directors.
For Council Meeting of June 10, 2019
Page 4
53
Uarington
General Government Committee
Report to Council
9. Alexander Harras, Manager of Legislative Service/Acting Clerk, Town
of Ajax, Regarding 2022 Ontario Summer Games Bid
That the following resolution of the Town of Ajax, regarding 2022 Ontario Summer
Games Bid, be endorsed by the Municipality of Clarington:
Whereas Sport Durham is seeking approval by Regional Council to submit a
bid to host the 2022 Ontario Summer Games in the Durham Region;
And whereas this three-day event would take place in August, 2022 hosting
21 sports, bringing in 3,000-3,500 participants and generating $4-6 million in
region -wide economic impact;
And whereas the Town has an opportunity to participate by hosting sporting
events which may include baseball, softball and soccer, as determined by
the organizing committee;
And whereas hosting the 2022 Ontario Summer Games would further
advance the Region and Town's successful track records of hosting multi -
sport games, including the 2019 Parasport Games and the 2015 Pan Am
games;
And whereas the Town has invested over $9 million in capital improvements
to the baseball and softball fields at Audley Ballpark, and the creation of two
Artificial Turf fields at Ajax Community Centre (jointly funded by the
Government of Canada and the Town). Part of the 2015 Pan Am Games
Facility Agreement for Audley Ballpark requires the Town to provide access
to high performance organizations, for no less than 10% of programming
hours of the facility, at a preferred rate of no more than 75% of normal
charge out rates for use of the facility, for a period of twenty years;
Now Therefore be it resolved that Ajax Council support Sport Durham's bid
to host the 2022 Ontario Summer Games, encouraging Regional Council to
provide their support; and acknowledge that if the Region is awarded the bid,
the Town of Ajax is a willing host and participant in the games;
And that if the Region is awarded the bid, Ajax staff will report back to
Council with detailed information regarding the Town's participation in the
games, including associated costs and resource implications;
And that this resolution be distributed to the Region of Durham, all Durham
Region Municipalities, Sport Durham, MPP Rod Phillips and MP Mark
Holland.
For Council Meeting of June 10, 2019 Page 5
Uarington
General Government Committee
Report to Council
10. Alexander Harras, Manager of Legislative Service/Acting Clerk, Town
of Ajax, Regarding Regional Government Review
That the following resolution of the Town of Ajax, regarding Regional Government
Review, be endorsed by the Municipality of Clarington:
Whereas the Government of Ontario is undertaking a Regional Government
Review to examine governance, decision -making, and service delivery
functions of Ontario's 8 regional municipalities, Simcoe County, and all
respective lower -tier municipalities;
And whereas the Regional Municipality of Durham ("the Region") and its 8
lower -tier municipalities continue to be leaders and advocates for good
governance in the municipal sector, as is evidenced by the Region's decision
to engage voluntarily in the 2015 Regional Council Composition Review, and
the decision of Durham voters to elect the position of Regional Chair as of
2014;
And whereas there is a strong and proven relationship between the Region
and its lower -tier municipalities in Durham, and the double -direct voting
system ensures that members of both local and regional councils are well
informed about all issues and concerns impacting residents;
And whereas Ajax Council ("the Town") agrees that there are opportunities
for transfer of services and/or better service alignment between the Town
and the Region to increase efficiencies for residents and businesses;
And whereas Ajax Council is confident that, through the Regional
Government Review, the Province of Ontario will respect municipal
autonomy, identity and representation;
Now therefore be it resolved that Ajax Council supports a continued two-tier
municipal structure and double -direct voting system and governance model
throughout Durham Region, noting that the Town is open to improving the
alignment of services between the upper- and lower -tiers in order to achieve
increased efficiencies;
And that this resolution be distributed to all Durham Region municipalities,
the Region of Durham, the Regional Government Review Advisors, Minister
Steve Clark, MPP Rod Phillips, and all Durham Region MPPs.
For Council Meeting of June 10, 2019 Page 6
Uarington General Government Committee
Report to Council
11. Township of McNab Braeside, Regarding Government of Ontario
E-Learning
That the following resolution of the Region of Durham, regarding Aggregate, be
endorsed by the Municipality of Clarington:
Whereas the Government of Ontario is proposing education adjustments;
And whereas the Government of Ontario announced that secondary school
students will be required to take four (4) out of thirty (30) high school credits
as online course;
And whereas thirty (30) credits are required for an Ontario high school
diploma, the government is not providing rural Ontario with the same
broadband access as the rest of the Province;
And whereas throughout much of rural and northern Ontario, broadband
service is lacking, making e-learning impossible, and may set our students
up for a two-tier education system due to the lack of internet access;
And whereas online e-learning will disproportionately affect students with
special needs, who may need more attention from their teachers, and
students in low-income families, who may not have access to a laptop and
internet at home to do their online course work;
Therefore be it resolved that the Township of McNab/Braeside respectfully
requests the Premier of Ontario to reconsider these online courses until rural
Ontario students can be given the same opportunity to access the internet as
the urban students; and
Be it further resolved that this motion be circulated to Ontario Premier Doug
Ford, Minister of Education Lisa M. Thompson, MPP of Renfrew-Nipissing-
Pembroke John Yakabuski, MP for Renfrew-Nipissing-Pembroke Cheryl
Gallant, all Municipalities in the Province of Ontario, AMO, ROMA and
School Boards.
12. Amendment to Open Air Burning By-law
That Report ESD-004-19 be received; and
That the draft amending By -Law (Attachment 1 to Report ESD-004-19), being a
by-law to amend the Open Air Burning By -Law 2012-062, be approved.
For Council Meeting of June 10, 2019
Page 7
PR
That Report CSD-006-19 be received;
That Council consider all submitted sponsorship requests; and
That all interested parties listed in Report CSD-006-19 and any delegations be
advised of Council's decision by the Department.
14. Sabrina Dennis and Bettina Crocker
That Sponsorship Application #S19-10, from Sabrina Dennis and Bettina Crocker,
be approved in the amount of $2,000.00.
15. Clarington Minor Football Association
That Sponsorship Application #S19-19, from the Clarington Minor Football
Association, be approved in the amount of $2,000.00.
16. Great Canadian Town Band Festival
That Sponsorship Application #S19-09, from the Great Canadian Town Band
Festival, be approved in the amount of $500.00.
17. Hampton United Church
That Sponsorship Application #S19-17, from the Hampton United Church, be
approved in the amount of $500.00.
18. Orono Agricultural Society
That Sponsorship Application #S19-15, from the Orono Agricultural Society, be
approved in the amount of $2,000.00.
19. Newcastle Business Improvement Area
That Sponsorship Application #S19-21, from the Newcastle Business Improvement
Area, be approved in the amount of $2,000.00.
20. Central Lake Ontario Conservation Authority
That Sponsorship Application #S19-16, from the Central Lake Ontario Conservation
Authority, be approved in the amount of $1,000.00.
For Council Meeting of June 10, 2019
�I
Uarington General Government Committee
Report to Council
21. Newcastle's Art Show Inc.
That Sponsorship Application #S19-14, from the Newcastle's Art Show Inc., be
approved in the amount of $1,500.00.
22. Newcastle Memorial Arena Board
That Sponsorship Application #S19-22, from the Newcastle Memorial Arena Board,
be approved in the amount of $2,000.00.
23• Newcastle Village Concerts
That Sponsorship Application #S19-12, from the Newcastle Village Concerts, be
approved in the amount of $1,500.00.
24. Newtonville Music in the Park
That Sponsorship Application #S19-11, from the Newtonville Music in the Park, be
approved in the amount of $1,500.00.
25• Concerts in the Park
That Sponsorship Application #S19-13, from the Concerts in the Park, be approved
in the amount of $1,500.00.
26• Newtonville Community Hall
That Sponsorship Application #S19-20, from the Newtonville Community Hall, be
approved in the amount of $800.00.
27• Huntington Society of Canada - Durham Chapter
That Sponsorship Application #S19-18, from the Huntington Society of Canada -
Durham Chapter, be approved in the amount of $1,500.00.
28. Prospect Street Reconstruction
That Report COD-008-19 be received;
That Eagleson Construction with a total bid amount of $2,171,275.20 (Net HST
Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of Tender CL2019-10 be awarded the contract for the Prospect
Street Reconstruction, as required by the Engineering Services Department;
For Council Meeting of June 10, 2019
Page 9
Uarington
General Government Committee
Report to Council
That the funds required for this project in the amount of $3,009,600.00 (Net HST
Rebate) which includes the construction cost of $2,171,275.20 (Net HST Rebate)
and other costs such as design, property acquisition, soil testing, utility relocation,
inspection, contract administration, permit fees and contingency of $838,324.80
(Net HST Rebate) be funded by the Municipality from the approved budget
allocations as follows:
Prospect St. Reconstruction (2019 Budget)
(O'Dell St to Fourth St.) 110-32-330-83242-7401 $1,040,000.00
Prospect St. Reconstruction (2017 Budget) (utility relocations and property
acquisition) 110-32-330-83242-7401 $150,000.00
Prospect St. and Lambs Lane Area Design
(2014 Budget) 110-32-330-84242-7401 $106,076.09
Municipal Capital Works
Reserve Fund 511-00-000-00000-7418 $124,823.91
Prospect St. Reconstruction (O'Dell St. to Fourth St.)
Region of Durham Recovery 110-32-330-83242-7402 $1,588,700.00
That all interested parties listed in Report COD-008-19 and any delegations be
advised of Council's decision by the Corporate Services Department.
29• Clarington Beech Centre Roof Replacement
That Report COD-009-19 be received;
That Triumph Roofing and Sheet Metal Inc. with a bid in the amount of $244,366.46
(Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions
and specifications of Tender CL2019-13 be awarded the contract, as required by
the Operations Department;
That the funds required for this project in the amount of $276,984.70 (Net HST
Rebate) which includes the construction cost of $244,366.46 (Net HST Rebate) and
other costs such as design, inspection, consulting, and contingency of $32,618.24
(Net HST Rebate) be funded by the Municipality as follows:
Various Roof Replacements 110-36-370-83687-7401 $276,984.70
That all interested parties listed in Report COD-009-19 and any delegations be
advised of Council's decision by the Department.
For Council Meeting of June 10, 2019 Page 10
Uarington
General Government Committee
Report to Council
30. Annual Statement for the Development Charges Reserve Funds for the
Year Ended December 31, 2018
That Report FND-015-19 be received; and
That a copy of this report be posted on the Municipality's website.
31. Proposed Amendment to By-law 2014-059, being a By-law to Regulate
Traffic and Parking on Highways, Private Property and Municipal
Property
That Report EGD-013-19 be received;
That the By-law as Attachment 1 to Report EGD-013-19 be approved; and
That all interested parties listed in Report EGD-013-19 and any delegations be
advised of Council's decision.
32• Budget Policy
That Report FND-002-19 be received; and
That the draft policy entitled "Budget Policy" be adopted, with the following
changes:
That Staff report back to a General Government Committee meeting in
September, on the cost of living increase;
That Council, at that time, adopt a budget guideline; 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 June 10, 2019 Page 11
.1
Uarington Planning & Development Committee
Report to Council
Report to Council Meeting of June 10, 2019
Subject: Planning & Development Committee Meeting of Monday, June 3, 2019
Recommendations:
1 • Receive for Information
(a) 9.1 Chris Jones, Director of Planning and Regulation, Central Lake
Ontario Conservation Authority, Regarding Comments for
Excess Soil Regulatory Proposal and Enhancing MECP
Enforcement Tools
(b) 9.2 Chris Darling, Chief Administrative Officer, Central Lake
Ontario Conservation Authority, Regarding Comments for
Modernizing Conservation Authority Operations
(c) 10.2 Jackie Harman, G360 Institute for Groundwater Research,
University of Guelph, Regarding Drilling 100 Metre and 50
Metre Boreholes and Installing G360 Groundwater Monitoring
Systems at Municpality of Clarington Hydro One Site
2• Michael de Rond, Town Clerk, Town of Aurora, Regarding Response to
Bill 108, The More Homes, More Choice Act
That the following resolution of the Town of Aurora, regarding Response to Bill 108,
The More Homes, More Choice Act, be endorsed by the Municipality of Clarington:
Whereas the legislation that abolished the OMB and replaced it with LPAT
received unanimous — all party support; and
Whereas All parties recognized that local governments should have the
authority to uphold their provincially approved Official Plans; to uphold their
community driven planning; and
Whereas Bill 108 will once again allow an unelected, unaccountable body
make decisions on how our communities evolve and grow; and
Page 1
Al
Uarington Planning & Development Committee
Report to Council
Whereas On August 21, 2018 Minister Clark once again signed the MOU
with the Association of Municipalities of Ontario and entered into "...a legally
binding agreement recognizing Ontario Municipalities as a mature,
accountable order of government."; and
Whereas This MOU is "enshrined in law as part of the Municipal Act". And
recognizes that as "...public policy issues are complex and thus require
coordinated responses... the Province endorses the principle of regular
consultation between Ontario and municipalities in relation to matters of
mutual interest"; and
Whereas By signing this agreement, the Province made "...a commitment to
cooperating with its municipal governments in considering new legislation or
regulations that will have a municipal impact"; and
Whereas Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017,
Conservation Authorities Act, Development Charges Act, Education Act,
Endangered Species Act, 2007, Environmental Assessment Act,
Environmental Protection Act, Labour Relations Act, 1995, Local Planning
Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and
Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning
Act, Workplace Safety and Insurance Act, 1997.
Now Therefore Be it Hereby Resolved That the Town of Aurora oppose Bill
108 which in its current state will have negative consequences on
community building and proper planning; and
Be it further resolved that the Town of Aurora call upon the Government of
Ontario to halt the legislative advancement of Bill 108 to enable fulsome
consultation with Municipalities to ensure that its objectives for sound
decision making for housing growth that meets local needs will be
reasonably achieved; and
Be It Further Resolved That a copy of this Motion be sent to the Honourable
Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy
Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the
Honourable Andrea Horwath, Leader of the New Democratic Party, and all
MPPs in the Province of Ontario; and
Be It Further Resolved That a copy of this Motion be sent to the Association
of Municipalities of Ontario (AMO) and all Ontario municipalities for their
consideration.
For Council Meeting of June 10, 2019
RN
Uarington Planning & Development Committee
Report to Council
3• Clint Cole, Chair, Enniskillen Environmental Association, Regarding
Groundwater Protection Issues Surrounding the Clarington Transformer
Station
That Council receive the communication from Clint Cole Chair of the Enniskillen
Environmental Association regarding Groundwater Protection Issues surrounding
the Clarington Transformer Station;
That the Ministry of Environment, Conservation and Parks be requested to
re-establish a Community Liaison Committee to share new information and provide
transparent, public reporting by Hydro One to the community;
That Hydro One be requested to do the following:
a) Extend the existing groundwater monitoring program for private wells
beyond 2021;
b) Participate in and facilitate the re-established Community Liaison
Committee;
c) Provide replacement wells for residents that have experienced supply and
contamination issues; and
d) Provide additional arm's length professional oversight private well of the
monitoring which is being done by Hydro One's consultant.
That Staff are to confirm with CLOCA the arrangements for the monitor at
well MW5-14 and to clarify the monitoring by the Oak Ridges Moraine
tGhroundwater Program and G360 drilling of the air rotary well and access to
4• John l�resta, Director, Environmental Services, Regarding the Region
of Durham, Regional Municipality of Durham Sanitary Sewerage and
Water Supply Systems
That the presentation from John Presta, Director, Environmental Services,
regarding The Region of Durham, Regional Municipality of Durham Sanitary
Sewerage and Water Supply Systems, be received with thanks.
For Council Meeting of June 10, 2019
Page 3
63
Uarington Planning & Development Committee
Report to Council
5. Summary of Proposed Amendments to The Growth Plan for the
Greater Golden Horseshoe 2019; Bill 108, The More Homes, More
Choice Act, and other related Legislation
That Report PSD-027-19 be received;
That Council reaffirms Resolution #C-061-19 passed on February 25, 2019, in
respect to Provincially Significant Employment Zones and the Major Transit Station
Areas;
That the Minister of Municipal Affairs and Housing be forwarded a copy of Report
PSD-027-19 and Council's decision;
That the Durham Regional Planning and Economic Development Department be
forwarded a copy of Report PSD-027-19 and Council's decision; and
That all interested parties listed in Report PSD-027-19 and any delegations be
advised of Council's decision.
6. Renaming of King Street in Haydon and King Street in Bowmanville
That Report PSD-028-19 be received;
That Staff be authorized to hold two Public Information Sessions, one in Haydon
and one in Bowmanville;
That all landowners fronting onto the affected streets be provided notice through
direct mail circulation;
That Staff be authorized to take appropriate actions under Section 48 of the
Municipal Act to hold a Public Meeting regarding the proposed street name
changes that emerge as the preferred option through the Public Information
Sessions;
That a copy of Report PSD-028-19 and Council's decision be forwarded to the
Durham Regional Police Service and the Durham Regional Planning and Economic
Development Department; and
That all interested parties listed in Report PSD-028-19 and any delegations be
advised of Council's decision.
For Council Meeting of June 10, 2019
Page 4
MIA
Uarington Planning & Development Committee
Report to Council
7. Community Vision for Jury Lands, Urban Design Master Plan + Design
Guidelines for former Ontario Boys Training School and WWII Prison of
War Camp 30
That Staff prepare a Recommendation Report on the Proposed Official Plan
Amendment for consideration at the September 30, 2019 Planning and
Development Committee meeting; and
That all interested parties listed in Report PSD-029-19 and any delegations be
advised of Council's decision.
$• Confidential - Potential Acquisition of Lands
That the Municipality continue to work with the Jury Lands Foundation on the terms
set out in the existing MOU to preserve the historical significance of the Camp 30
lands and buildings.
9. Confidential - Potential Acquisition of Lands
That Resolution #CPD-003-19, passed in Closed Session, be ratified.
For Council Meeting of June 10, 2019
Page 5
Clarftwn
Clerk's
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: June 10, 2019
Report Number: CLD-014-19 Resolution:
File Number: By-law Number:
Report Subject: Request from Board for Municipality to Assume Orono Cem
Recommendations:
That Report CLD-014-19 be received;
2. That, subject to the approval of the Ministry of Consumer Services, the Municipality
dissolve the Orono Cemetery Board and assume all responsibility related to the Orono
Cemetery Board located at 5875 Main Street, Orono, Ontario LOB 1 MO;
3. That the Mayor and the Clerk be authorized to execute, on behalf of the Municipality, all
documents necessary to give effect to the above recommendation;
4. That the funding approved in the 2019 Budget for the Orono Cemetery Board grant be
re -allocated for internal operating expenses related to the assumption of the Orono
Cemetery; and
5. That all interested parties listed in Report CLD-014-19 and any delegations be advised
of Council's decision.
Municipality of Clarington
Report CAD-014-19
Report Overview
• ' .J
The Orono Cemetery Board, at its first meeting, passed a resolution recommending that the
Municipality assume all responsibility for the operation and maintenance of the Orono
Cemetery.
1.1 Arising out of Report OPD-005-19, the following Resolution #GG-213-19 was approved
by the General Government Committee on April 15, 2019 and ratified by Council on
April 29, 2019:
That Report OPD-005-19 be received;
That the Orono Cemetery Board continue to assume all responsibility
relating to the operation and maintenance of the Orono Cemetery and that
the trust funds remain to be held by the Municipality of Clarington; and
That the Ministry of Consumer Services and Orono Cemetery Board be
advised of Council's decision.
1.2 Applications for appointments to the Orono Cemetery Board were also considered by
Council on April 29, 2019 (through Report CLD-012-19), and Council appointed the
following five members to the Orono Cemetery Board:
• Councillor Marg Zwart
• Mary Clapdorp
• Eldene Edwards
• Jo -Ann Meijer
• Wendy Partner
1.3 In preparation of the transfer to the newly formed Orono Cemetery Board, staff prepared
a number of resources to assist the Board in fulfilling its responsibilities.
1.4 The first meeting of the Orono Cemetery Board was held on May 28, 2019. The intent of
the meeting was to provide orientation for the new members regarding legislative
responsibilities and the Board's terms of reference and responsibilities, and to share best
practices (based on the knowledge and expertise of staff involved in managing the
Municipality's four active cemeteries).
RE
Municipality of Clarington Page 3
Report CAD-014-19
1.5 At the conclusion of the orientation portion of the meeting, and prior to undertaking any of
the Board business items, such as the appointment of a chair, vice -chair, and secretary -
treasurer, some members raised concerns that they were unable to fulfill the requirements
of the Board and the cemetery operation obligations. Two members indicated that they
would be stepping down from the Board. Based on this discussion, the following resolution
was passed by the Board:
Whereas the work and responsibility of this Municipal Service Board
(Orono Cemetery Board) is significant and beyond that of the volunteer
expectations;
Now therefore the Orono Cemetery Board recommends that the
management and operations of the Orono Cemetery be assumed by the
Municipality of Clarington staff and not a Municipal Service Board,
effective immediately.
1.6 Staff in the Clerk's Department and the Operations Department are very knowledgeable
and competent in this area of work as they currently manage and operate four active
cemeteries.
2. Discussion
2.1 In anticipation of the transfer from the former Board to the newly formed Orono Cemetery
Board, staff from the Operations, Finance and Clerk's Departments met with the
representatives of the former Board and determined that all documentation is in order. As
well, staff were able to take advantage of the meeting to gather a thorough understanding
of the operational and administrative rules and procedures which have traditionally been
followed at the Orono Cemetery.
2.2 Based on the outcome of the recent Orono Cemetery Board meeting, it is recommended
that the Municipality assume the operations and administration of the Orono Cemetery.
Should Council approve the recommendations contained in this report, the Ministry will
ultimately need to approve the transfer.
2.3 Once the Ministry approval is given, the Municipality will amend By-law 2012-061, being a
by-law for the maintenance, management, regulation and control of cemeteries by the
Municipality of Clarington to include the Orono Cemetery. The rates and fees for the
Orono Cemetery will remain as they are currently, until such time as the Ministry approval
is given and staff have a solid understanding of the Orono Cemetery business. At that
time, the rates and fees for the Orono Cemetery will be harmonized with the Municipality's
other cemeteries.
Municipality of Clarington Page 4
Report CAD-014-19
Impact on Municipal Resources
2.4 The former Board has conveyed to staff the average annual volume of burials. Based on
these volumes as they are understood, and given the staff expertise in this area, the
additional administrative demand for sales, transfers and record keeping should be able
to be absorbed with minimal impact. That said, there may be some staff overtime
required in order to update the existing cemetery data base with the Orono Cemetery
data. No additional training will be require though for staff. This impact of service
demands on Clerk's Department staff will be monitored.
2.5 The impact of grounds maintenance, and funeral / burial services will not, however, be
able to be assumed by Operations staff at this time. Currently there is a caretaker which
was on contract with the former Board for maintenance and funeral/burial services. Staff
has entered into an eight month contract with the caretaker which will allow operations
staff to assess the additional service demands, while ensuring continuity of services to the
clients and burial rights holders of the Orono Cemetery.
3. Financial Implications
4. Concurrence
This report has been reviewed by the Director of Finance/Treasurer, Director of
Operations, and the Municipal Solicitor who concur with the recommendations.
5. Conclusion
Based on the foregoing, it is respectfully recommended that the Municipality of Clarington
assume responsibility for the maintenance and operations of the Orono Cemetery and that
the Orono Cemetery Board be dissolved.
Municipality of Clarington Page 5
Report CAD-014-19
6. Strategic Plan Application
Not applicable.
Submitted by:
Municipal Clerk
Reviewed by:
Andrew C. Allison, B. Comm, LL.
CAO
Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext 2102 or
agreentree@clarington.net
Attachments:
Attachment 1 - Minutes of the Orono Cemetery Board Meeting — May 28, 2019
The following is a list of the interested parties to be notified of Council's decision:
Mary Clapdorp
Eldene Edwards
Betty Lycett
Jo -Ann Meijer
Wendy Partner
Viola Vanderveen
Courtice Funeral Chapel
Morris Funeral Chapel Ltd.
Northcutt Elliott Funeral Home
Newcastle Funeral Home Ltd.
Armstrong Funeral Home Limited
Maclntosh-Anderson-Kellam Funeral Home Ltd.
m
Attachment 1 to Report CLD-014-19
claftm Orono Cemetery Board Transition Training
and Initial Board Meeting Minutes
May 28, 2019
Minutes of a meeting of the Orono Cemetery Board held on Tuesday, May 28, 2019 at
1:00 PM in the Council Chambers.
Present Were: Councillor Marg Zwart, Mary Clapdorp, Eldene Edwards, Jo -Ann Meijer,
Wendy Partner
Staff Present: Teresa Aide, Paul Creamer, Fred Horvath, June Gallagher, Anne
Greentree, Lindsey Patenaude, Michelle Pick, Trevor Pinn
Call to Order
Anne Greentree, Municipal Clerk, called this first Orono Cemetery Board meeting to order at
1:03 PM. Ms. Greentree introduced everyone and explained the purpose of the meeting.
2 Orientation and Training
2.1 Role of the Board
Fred Horvath, Director of Operations, provided the Board with background information about
the Board and explained that the Board is an independent cemetery board, but also a board of
Council. He used an electronic presentation to review the board information including:
Bereavement Authority of Ontario (BAO)
Legislative Requirements, including:
o the cemetery grounds
o price list requirements
o contract requirements including paperwork required at closure
o record keeping
o trust fund requirements
Relationship of the Board to Council
Responsibility for compliance to the Funeral, Burial, Cremation Act
"Moving Forward" items:
o Approve the Terms of Reference
o Amend the Cemetery Rules, Fees and Rates
o Municipality will issue the grant cheque
o Create budget, address staffing
o Develop cash handling policy
2.2 Governing legislation (Submitting Notice of Business Change)
Fred Horvath explained that the Operations Department will assist in submitting the Notice of
Business Change to the BAO.
71 Page 1 of 4
Clarington Orono Cemetery Board Transition Training
and Initial Board Meeting Minutes
May 28, 2019
2.3 Boards/Committee Training
By-law and Terms of Reference
Anne Greentree reviewed the sections of the proposed draft municipal service board by-law,
which details the Board's terms of reference.
Financial Matters
Michelle Pick provided the Committee with general information regarding the financial
requirements, including payroll. She noted that the investments are managed by the
Municipality of Clarington. It was noted that only the interest for the Perpetual Care Fund can
be used by the Board. The Finance Department Staff offered to have a separate meeting to
discuss the financial matters in greater detail. Trevor Pinn noted that the Municipality has a
Donation Policy which addresses monetary as well as in kind services donations.
Policies
Anne Greentree explained that the Board must develop a Purchasing Policy (a template is
available from the Operations Department) and a Hiring Policy. Trevor Pinn noted that the
Finance Department and Corporate Services Department are available to answer questions
on these policies.
Board and Committee Orientation
June Gallagher provided the Committee with an information package as well as an electronic
presentation with included information regarding:
• Chair & Vice -Chair responsibilities
• Obligations of Members
• Quorum
• Conflict of Interest
• Agendas
• Code of Conduct
• Minutes
• Accessibility
• Municipal Freedom of Information and Protection to Privacy Act (MFIPPA)
• Records Retention/Management
72 Page 2 of 4
Clarington Orono Cemetery Board Transition Training
and Initial Board Meeting Minutes
May 28, 2019
2.4 Best Practices (Procedures / Forms)
Anne Greentree reviewed the forms required to administer the cemetery, including the existing
forms and suggested new forms. She also reviewed a "HOW TO" document and a "Transition
Notes" document.
Ms. Greentree highlighted the current fee structure, in particular the areas that may be
considered as part of the adoption of new fees.
2.5 Financial matters
See also above section 2.3. Trevor Pinn also reviewed the following financial aspects: VISA,
investments ($9,700 interest in 2018), bank accounts, utilities (including pre -authorized
payments (PAP)), and the $10,200 municipal grant cheque.
Recess
The Board recessed for 10 minutes and reconvened at 3:20 PM in the Ante Room.
3 Discussion on the Future of the Orono Cemetery Board
Jo -Anne Meijer and Eldene Edwards indicated that the work involved in running the Board is
more than they had anticipated and that they would not be able to fulfill these obligations and
therefore would be stepping down from the Board.
Moved by Councillor Zwart, seconded by Eldene Edwards
Whereas the work and responsibility of this Municipal Service Board (Orono Cemetery Board)
is significant and beyond that of the volunteer expectations;
Now therefore the Orono Cemetery Board recommends that the management and operations
of the Orono Cemetery be assumed by the Municipality of Clarington staff and not a Municipal
Service Board, effective immediately.
Carried
Anne Greentree thanked the members for volunteering and stepping forward to put their
names forward for the Orono Cemetery Board. She indicated that Staff will need to meet
shortly to discuss the next steps.
No further matters of business were considered based on the resolution passed by the Board.
73 Page 3 of 4
Not applicable
5 Adjournment
Moved by Wendy Partner, seconded by Councillor Zwart
That the meeting be adjourned at 3:35 PM.
Carried
74 Page 4 of 4
Clarftwn
Finance Department
Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: June 10, 2019
Report Number: FND-020-19 Resolution:
File Number: By-law Number:
Report Subject: 2019 Federal Gas Tax Funding Top -Up
Recommendations:
1. That Report FND-020-19 be received; and
2. That Council approves the use of the additional $2.2 million in Federal Gas Tax funds
announced by the Government of Canada in 2019 for the following projects:
a. Lakeshore Road from Riley Road to East Townline
b. Concession Road 10 from Townline Road to Bowmanville Ave.
ICJ
Municipality of Clarington
Report FND-020-19
Report Overview
Page 2
This report seeks to obtain Council approval on two capital projects which were not included
in the 2019 budget, which will be funded from a one-time top up in Federal Gas Tax money
announced by the Government of Canada in March 2019.
� 7-fin U=#
11 On March 19, 2019 the Government oada presented its 2019 budget "Investing in
the Middle Class".
1.3 The Municipality of Clarington received notification that our additional funding would be
consistent with the 2018 funding level. In 2018, the Municipality received $2.95 million
in Federal Gas Tax funding.
1A Finance fbrwarded to departments the notification that the Municipality would be
receiving this additional funding. Operations and Engineering reviewed potential
projects to determine suitability for this funding.
1.5 As this fbnding was announced after the adoption of the 2019 budget, the proposed
projects were not included as there was no funding availability. This report is in front of
Council to get approvao use the top -up funding for two new projects which would not
otherwise have been completed in 2019.
1.6 The funding can be used for any project which meets the Federal Gas Tax program
guidelines. The guidelines do allow for funding to be utilized up to 5 years from the date
of receipt, however it was clearly indicated that the expectation from the Federal
Government was that this addonal funding be used to address short term
infrastructure needs.
17 The Director of Operations and the Director of Engineering worked together to
determine which road projects may provide the Municipality with the greatest return for
these funds. It was felt that these projects met the guidelines of the Federal Gas Tax
W
Municipality of Clarington
Report FND-020-19
Page 3
program the best and would not otherwise be completed but for the incremental funding
by the Government of Canada.
1111 lip"I II111II11I I III I 1111 1 11
IFITZ11111112 1 11!
1.9 While the funding is not time sensitive, the proposed projects are being recommended
for completion in 2019 as the additional funding would allow for these projects to be
completed now in time for use in the summer and fall bike seasons and would alleviate
the back log of projects. If the funding were to be deferred to 2020, these tWO projects
would still be the recommended candidates for use of this funding.
2. Proposed Projects
Overview
24 This section of Lakeshore Road forms part of the Waterfront Trail and is used
extensively on an annual basis and is host to several well organized rides in support of
various causes.
2.5 This section is part of the Provincial cycling network and there have been concerns with
the condition of this road.
Concession Road 10 from Townline Road to Bowmanville Avenue
2.6 This project would include 7.6krn of rehabilitation with high float, ditching and safety
improvements including guide rails.
M
Municipality of Clarington
Report FND-020-19
Page 4
27 This road is a class 4-5 road with a speed limit from 50 to 70 km/h. ITTith increased
development there is higher traffic on this road and there has been 22 accidents on th
stretch of road from 2016 to 2019. 1
3. Concurrence
This report has been reviewed by the Director of Engineering Services and Director of
Operations who concur with the recommendations.
4. Conclusion
It is respectfully recommended that Council approve the use of additional one-time
funding for the aforementioned capital projects which are included in the asset
management plan and would not otherwise be completed in 2019.
5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed b z
Trevor Pinn, B.Com, CPA, CA, Andrew C. Allison, B. Comm, LL.B
Director of Finance/Treasurer- CO
Staff Contact: Trevor Pinn, B.Com, CPA, CA, Director of Finance / Treasurer, 905-623-3379
ext.2602 or tpinn@clarington.net
There are no interested parties to be notified of Council's decision.
U�
Me% =1 H. ® � MAINF4�112M
7
That the following 'esolution #C-1 75-19, 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:
Strategic themes
A. Engaged Communities
B. Strong Economy
C. Sustainable Infrastructure Growth
D. Legacy Projects
A. 1. Enhance two-way communication with community
A.2. Establish and develop a unique Clarington brand for promoting our
community
MINEMMUM=5
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
BA Expand our transportation network into commercial and industrial areas
B.5. Explore an economic development strategy1framework in collaboration
with the business community and other stakeholders
C, Sustainable Infrastructure Growth
C.2. Develop a strategies for infrastructure investments, including
employment lands
U�]
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:
D. Legacy Projects
D.1. Clearly articulate our plans for:
a) Courtice waterfront
b) Port Darlington waterfront
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
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The Corporation of the Municipality of Clarington
By-law 2019-039
Being a by-law to designate the property known for municipal purposes as
26 Concession Street West, Bowmanville, Municipality of Clarington as a property of
historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990,
Chapter 0.18;
Whereas the Ontario Heritage Act, R. S. O., 1990, c.0.18 authorizes the Council of the
Municipality to enact by-laws to designate properties to be of historic or architectural
value or interest for the purposes of the Act; and
Whereas the Council of the Corporation of the Municipality of Clarington has caused to
be served upon the owner of the property known for municipal purposes at 26
Concession Street West, Bowmanville and upon the Ontario Heritage Foundation,
Notice of Intention to Designate the aforesaid real property and has caused such Notice
of Intention to be published in the Clarington This Week, a newspaper having general
circulation in the area of the designation on July 11, 2018; and
Whereas the reasons for the designation of the aforesaid property under the Ontario
Heritage Act are contained in Schedule "A" attached to and forming part of this by-law;
and
Whereas the Clarington Heritage Committee has recommended that the property known
for municipal purposes as 26 Concession Street West, Bowmanville, be designated as a
property of historic or architectural value or interest under the Ontario Heritage Act; and
Whereas no notice of objection to the proposed designation was served upon the
Municipal Clerk within the period prescribed by the Ontario Heritage Act;
Now Therefore the Council of the Corporation of The Municipality of Clarington hereby
enacts as follows:
1. The property known for municipal purposes at 26 Concession Street West,
Bowmanville which is more particularly described in Schedule "B" which is
attached to and forms part of this by- law, is hereby designated as a property
which has historic or architectural value or interest under Section 29 of the Ontario
Heritage Act, R. S. O. 1990, c., O. 18.
2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a
copy of this by-law to be registered against the title to the property described in
Schedule "B" hereto.
3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be
served upon the owner of the property described in Schedule "B" hereto and on
the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause
notice of the passing of this by-law to be published in the Clarington This Week, a
newspaper having general circulation in the area of the designation.
Passed in Open Council this 10th day of June, 2019
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
Schedule 'A'
To By-law 2019-039
Statement of Significance and list of character defining features.
Description of Property
26 Concession Street West, known as Dundurn, is a one and half storey residence
located on a large lot on the north side of Concession Street West in Bowmanville.
Statement of Cultural Heritage Value or Interest
Dundurn's physical heritage value lies it being an excellent example of a country villa
built in the Regency style with Gothic Revival details. Built in 1854 on a spacious parcel,
it is one of the earliest brick houses in Bowmanville. It features an upper storey gable in
the centre of the front fagade. All the windows are surmounted by wooden hood
mouldings, a decorative element associated with the Gothic Revival style. The
bargeboard that adorns the eaves is light and lacy in character unlike the heavier
bargeboard that was used later in the century. The front door is surrounded by a
rectangular transom and sidelights and there are two pairs of French doors on either
side of the main entrance. A columned porte-cochere extending from the east side of
the house and an open veranda similarly supported by large columns at the front of the
house were early 20th century additions to the house.
Dundurn's associative heritage value lies in its association with two prominent local
residents, Reverend Dr. Alexander MacNab and John Milne. Dr. Alexander MacNab
(1811-1891) was appointed as the first Rector in charge of the Anglican Church for
Darlington Township in 1854 and had Dundurn built as his family's residence in the
same year. He most likely named the house `Dundurn' after his ancestral home in
Scotland. A relative Sir Allan Napier MacNab who was Prime Minister of the United
Canada's from 1854 to 1856 had `Dundurn Castle' built in Hamilton. Dr. Alexander
MacNab lived at Dundurn until 1867 when he sold it to local merchant and politician,
John Milne (1822-1889). John Milne was a member of the first Town Council in 1858
and ran for Parliament as a Conservative in 1863 and 1867. He was a friend of Sir John
A. Macdonald who is reported to have visited Dundurn several times including for a
garden party on Dundurn's grounds while also having slept in the south-east bedroom.
The home has been owned and well maintained by the Morrison family since the
1950's, over 60 years.
Typical to the Regency style, Dundurn's contextual heritage value lies in its original
siting on spacious grounds which visually underscores the stately nature of the dwelling
and provides expansive views of the house from the street.
Description of heritage attributes
Key heritage attributes that exemplify the heritage value of Dundurn as an excellent
example of a Regency villa designed with Gothic Revival details include:
- The front fagade roof gable
- The brick fagade
- The front door with its rectangular transom and sidelights
- The wooden hooded mouldings above the windows
- The bargeboard adorning the eaves
- The columned porte-cochere
- The columned front veranda
- The original location in the centre of the lot
171-4,36-71
Schedule 'B'
To By-law 2018- 039
Legal Description:
Part 1, Plan 40R-30511 (Bowmanville)
Municipality of Clarington
Regional Municipality of Durham