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Report to Council
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Report To: Council Report Number: JCR -001-19
Date of Meeting: September 16, 2019
Report Subject: General Government and Planning and Development Committee Report
Recommendations:
1. Receive for Information
a. Minutes of the Solina Community Hall Board dated June 20, 2019
b. Minutes of the Newcastle Business Improvement Area dated April 11, May 9,
June 13 and August 8, 2019
c. Durham Region Report #2019 -EDT -10, Durham Economic Development
Partnership Strategic Priorities
d. Tammy Wylie, Clerk Administrator, Township of McKellar, Regarding Municipal
Amalgamation
e. Report FND-022-19, Financial Update as at June 30, 2019
f. Memo from the Director of Engineering dated July 2, 2019, regarding Farewell
Creek Trail Phase 2 - Route Options
g. Report LGL -009-19 Durham Region Smoke -Free By-law 28-2019
2. Delegation of Scott Parnell, Canadian Nuclear Laboratories, Regarding
Port Granby Project Update
That the Delegation of Scott Parnell, General Manager, Canadian Nuclear Laboratories,
regarding a Port Granby Update, be received with thanks.
3. Mary Watson, Board of Director, Bawaajigewin Aboriginal Community
Circle (BACC), regarding Orange Shirt Day
That Communication Item 9.4, be received for information; and
That a copy be forwarded to the Diversity Committee.
Municipality of Clarington Page 2
Resort JCR -001-19
4. Amanda Gubbels, Administrator/Clerk, Town of Warwick, Regarding
Enforcement for Safety on Family Farms
That the following resolution from the Town of Warwick, regarding Enforcement for
Safety on Family Farms, be endorsed by the Municipality of Clarington:
Whereas agriculture is the second largest industry in Ontario, contributing $13.7
billion annually to Ontario's GDP and is essential for putting food on the tables of
millions of people here and around the world;
And whereas in recent months there has been a steady increase in harassment
of farmers and livestock transporters by activists opposed to animal agriculture
and the consumption of animals;
And whereas the protests have become blatantly illegal in nature with extremist
groups trespassing onto private property, unlawfully entering into buildings and
removing animals without fear of prosecution and even promoting and publishing
their crimes on social media;
And whereas maintaining proper biosecurity is essential to ensure the health and
well-being of the animals cared for on these agricultural operations;
And whereas the recent attacks on farmers homes and businesses have resulted
in no criminal charges laid, leaving farmers feeling unprotected by the Ontario
legal system and afraid for the welfare of themselves, their families, their
employees and the animals they care for;
Now therefore be it resolved that the Council for the Corporation of the Township
of Warwick requests that Hon. Doug Downey work with his fellow MPP's and
agricultural leaders to find a better way forward to ensure stronger enforcement
of existing laws - or new legislation - to ensure the safety of Ontario's farm
families, employees and animals;
And be it further resolved that this motion be circulated to Hon. Doug Downey,
Ministry of the Attorney General, Hon. Doug Ford, Premier of Ontario, Hon.
Sylvia Jones, Solicitor General and Hon. Ernie Hardeman, Minister of Agriculture,
Food and Rural Affairs and all Municipalities in the Province of Ontario, AMO,
and ROMA.
5. Mary Medeiros, Interim City Clerk, City of Oshawa, Regarding Fire Safety
during Construction Period of Wood Buildings
That the following resolution from the City of Oshawa, regarding Fire Safety during
Construction Period of Wood Buildings, be endorsed by the Municipality of Clarington:
Whereas in January of 2015, the Ontario Building Code was amended to allow
building up to six stories in height to be constructed of wood; and,
Whereas a building permit for the construction of a 14 unit, 4 storey, wood
framed apartment building at 143 Bloor Street West was issued on November 30,
2018 in accordance with the regulations of the Ontario Building Code; and,
Municipality of Clarington Page 3
Report JCR -001-19
Whereas during the construction period, a significant fire occurred at 143 Bloor
Street West on June 9, 2019 which resulted in the destruction of the building
under construction save and except for the concrete stairwell; and,
Whereas the exterior cladding and balconies of neighbouring buildings and
several nearby cars were also severely damaged as a result of the fire and
residents in nearby buildings had to be evacuated; and,
Whereas current Provincial Best Practice Safety Guidelines for the construction
of buildings applies only to five and six storey wood buildings and is not
applicable law; and,
Whereas the Province is contemplating permitting 12 -storey buildings with wood
construction; and,
Whereas both the City's Chief Building Official and the Fire Chief strongly believe
that the potential changes need to be reviewed and implemented by the Province
to better protect the safety of the public and Fire Services staff for buildings that
are 4 storeys or higher that are under construction and made of wood including a
requirement for 24 hour security during the construction period;
Therefore be it resolved:
1. That the Province of Ontario be requested to:
a. Review the Best Practice Guideline entitled `Fire Safety during
Construction for Five and Six Storey Wood Buildings in Ontario — A best
Practice Guideline' to ensure it is current and meets the fire safety needs
of Ontario residents and require the Guideline to be mandatory as
applicable law for the construction of all wood buildings with four or more
storeys; and,
b. Clarify that these requirements would not apply to wood buildings
regulated under Part -9 of the Ontario Building Code, such as,
townhouses, semi-detached and single detached dwellings that are three
storeys or less in height; and
c. Consult with the Large Municipalities Chief Building Officials group
(LMCBO) and the Ontario Building Officials Association (OBOA) on
changes to legislation including the Ontario Building Code to address this
safety issue; and
2. That a copy of this Resolution be forwarded to the Region of Durham, all
Durham Regional municipalities, all Durham Region M.P.'s and M.P.P's, the
Association of Municipalities of Ontario, the Large Urban Mayor's Caucus of
Ontario, the Federation of Canadian Municipalities, the Large Municipalities
Chief Building Officials group, the Ontario Building Officials Association, the
Ontario Association of Fire Chiefs and the City's Building Industry Liaison
Team.
Municipality of Clarington
Resort JCR -001-19
Page 4
6. Applications by Werrcroft Farms Ltd. to amend the Clarington Official Plan
and Zoning By-law 2005-109 to facilitate a surplus farm dwelling severance
at 8800 Middle Road, Darlington
That Report PSD -032-19 be received;
That the Official Plan Amendment and Zoning By-law Amendment applications
submitted by Werrcroft Farms Ltd. continue to be processed and that a subsequent
report be prepared; and
That all interested parties listed in Report PSD -032-19 and any delegations be advised
of Council's decision.
7. Expansion of Clarington Energy Business Park Secondary Plan Study Area
to include the Courtice Waterfront
That Report PSD -033-19 be received;
That staff be authorized to include the Courtice Waterfront as part of the Clarington
Energy Business Park Secondary Plan Update;
That staff be authorized to engage Urban Strategies Inc. for the additional work
provided that all costs are funded by the Courtice Waterfront landowners;
That the Director of Planning Services be authorized to execute the necessary cost -
recovery agreements;
That the cost recovery agreements with the landowners require payment of 100% of the
costs of the preparation of the Secondary Plan, including consultants and municipal
resources such as review time from various departments, project management and
administration costs; and
That all interested parties for Report PSD -033-19, any delegations and the Region of
Durham Planning and Economic Development Department be notified of Council's
Decision.
8. Intent to Pursue Heritage Designation for two (2) Properties: 120
Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon
That Report PSD -035-19 be received;
That the Clerk issue a Notice of Intention to Designate 120 Wellington Street,
Bowmanville, as a cultural heritage resource under Part IV of the Ontario Heritage Act
pursuant to the provisions of the Ontario Heritage Act;
That the Clerk issue a Notice of Intention to Designate 2503 Concession Road 8,
Haydon (Darlington) as a cultural heritage resource under Part IV of the Ontario
Heritage Act pursuant to the provisions of the Ontario Heritage Act;
Municipality of Clarington Page 5
Report JCR -001-19
That depending on the response to the Notice of Intention to Designate, the Clerk either
prepare the necessary by-law(s) or report back to Council regarding objection(s)
received; and
That the interested parties listed in Report PSD -035-19 and any delegations, be advised
of Council's decision.
9. Residential Neighbourhood Character Study Update and Extension of
Interim Control By-law 2018-083
That Report PSD -038-19 be received;
That the Interim Control By-law Amendment attached to Report PSD -038-19, as
Attachment 1, be approved;
That notice of the passing of the Interim Control By-law Amendment be given in
accordance with Subsection 38(3) of the Planning Act, R.S.O. 1990, C.P. 13, as
amended; and
That all interested parties listed in Report PSD -038-19 and any delegations be advised
of Council's decision.
10. Memorandum of Understanding — Ontario Power Generation
That Report ESD -006-19 be received;
That the conditions outlined in the Memorandum of Understanding with Ontario Power
Generation, for Fire Protection and Community Emergency Management (Attachment 1
to Report ESD -006-19), be endorsed; and
That the Mayor and Clerk be authorized to enter into the Memorandum of
Understanding with Ontario Power Generation for Fire Protection and Community
Emergency Management (Attachment 1 to Report ESD -006-19).
11. Accessible Canada Act
That Report CLD -017-19 be received; and
That all interested parties listed in Report CLD -017-19, and any delegations be advised
of Council's decision.
12. In-house Apartment Registration
That staff be directed to report on in-house apartment registration to advise whether there
are enforcement measures in place for non -registration and, if not, to make proposals for
enforcement.
Municipality of Clarington Page 6
Report JCR -001-19
13. 2020 Budget Guidelines
That Report FND-023-19 be received;
That Staff prepare a draft budget with a target municipal increase of 2%;
That Staff include within the draft budget requests for funding from external agencies up
to a maximum limit of 2%;
That the 2020 Budget Schedule as outlined within the report be approved and that the
Clerk establish the meeting dates;
That the Budget Policy (G14) be amended to include that the budget ratification shall be
targeted for the second Council meeting of any given year; and
That all interested parties listed in Report FND-023-19, and any delegations be advised
of Council's decision.
14. Possible Merger of the Clarington Public Library Board and Clarington
Museum and Archives Board
That Report CAO -009-19 be received;
That Council direct staff to work towards merging the Clarington Public Library Board
and the Clarington Museum and Archives Board, effective January 1, 2020, in the
manner set out in this report; and
That the Clarington Public Library Board and the Clarington Museum and Archives
Board be advised of Council's decision.
15. Motion to Move the Planning and Development Committee of November
11, 2019
That the meeting schedule for the term of Council 2018-2022, as approved by
Resolution #C-246-19, be amended to move the Planning and Development Committee
of November 11, 2019 meeting to November 12, 2019; and
That the published schedules be updated accordingly.
16. Motion to Build a New Long-term Care Facility on the Rekker Property
Whereas the Government of Ontario announced in October 2018 that Clarington would
receive 125 net -new long-term care bed licenses to service our ageing population;
Whereas the recipient of the bed licenses, Durham Christian Homes Inc., has indicated
its intention to create a new facility in Clarington, which will combine the new licenses
and those from the existing Glen Hill Strathaven facility, which must cease to operate by
June of 2025;
Whereas Durham Christian Homes Inc. underwent an extensive campaign to find an
appropriate site in Clarington to build the new facility, culminating in an offer from
Rekker's Garden Center to sever and donate a 3.25 acre parcel of their land at no cost;
Municipality of Clarington
Resort JCR -001-19
Page 7
Whereas land is often one of the most expensive costs in construction of a long-term
care facility, this donation was a major boon for the project;
Whereas Durham Christian Homes Inc. has begun the process to move ahead with
development, but been faced with planning restrictions as a long-term care facility is not
currently permitted by the Region's Official Plan, or by the Municipality's Official Plan
and Zoning By-law on the Rekker property;
Whereas consideration could be given to expanding the Bowmanville Urban Boundary
through the Regional Municipal Comprehensive Review (MCR) as the proposed
property abuts the current urban boundary;
Whereas the MCR is currently underway, but will not be completed until at least mid -
2022, which would make a June 2025 completion unfeasible;
Whereas the Ministry of Health and Long -Term Care has provided clear timelines for
the bed licenses to be operational, there is a serious risk that bed licenses may be lost;
Whereas water and sewer servicing can readily be extended to the site due to the close
proximity to the Bowmanville Urban Boundary;
Whereas the Government of Ontario understands the dire need to build long-term care
beds in order to ease pressure on hospitals so they can be ready for an ageing
population with complex care needs; and
Whereas the Government of Ontario supported the Tollendale Village 2 project in Innisfil
by enacting a Ministerial Zoning Order in an effort "unlock land" and provided a
Ministerial Zoning Order to keep a similar project from being in limbo.
Therefore be it resolved;
That, Clarington Council fully supports Durham Christian Homes Inc. in its effort to build
a new long-term care facility on the Rekker property, abutting the Bowmanville Urban
Boundary; and
That, based upon the increasingly tight timeline and positive social benefit of the project,
the Minister of Municipal Affairs and Housing provide a Ministerial Zoning Order to
enable this proposal to proceed.
17. Zone Clarington — Environmental Review Area & Minimum Vegetation
Protections Zone
That staff be directed to delete the Environmental Review Area (90 metres) and
Minimum Vegetation Protections Zone (30 metres) from the draft zoning by-law
amendment.
Municipality of Clarington Page 8
Report JCR -001-19
18. Zone Clarington — Environmental Protection Areas
Whereas a draft zoning by-law for the rural portions of the Municipality of Clarington
was released in November 2018 for comment; and
Whereas there has been much concern with respect to the zoning of Environmental
Protection (EP) Areas in the draft zoning by-law; and
Whereas the Provincial Policy Statement (PPS) has been issued for review and
comment; and
Whereas the proposed East Gwillimbury Zoning By-law has been appealed to the Local
Planning Appeal Tribunal (LPAT); and
Whereas Bill 108 proposes to amend the Conservation Authorities Act and regulations,
and the Conservation Authorities (CAs) have been advised to restrict their services to
core functions.
Whereas MPP Piccini, at a recent public meeting regarding Zone Clarington, advised
members of the public and municipal Councillors present, that as a Provincial Policy
Statement is being reviewed by the Minister of Municipal Affairs, and movement to
move forward on EP zoning would be irresponsible;
Now therefore be it resolved that:
1. Planning Services Staff be instructed to pause their work on the rural portion of Zone
Clarington for a period of three months, until (a) a decision has been rendered for
the East Gwillimbury LPAT case; (b) there is greater clarity on the PPS revisions;
and (c) it is confirmed that the CAs will have capacity to assist with review of natural
heritage features;
2. Staff report back within 3 months on any changes that have taken place with respect
to paragraph (1);
3. Staff report back on September 30, 2019 on the process for municipal led Official
Plan amendments to the Clarington Official Plan, for correcting errors in EP
designations at no cost to the landowners;
4. Staff report back to the September 30, 2019 on notifying landowners of the EP
changes which took place in the recent Official Plan amendments, as well as EP
changes for Zone Clarington; and
5. The inspection of properties by municipal staff continue where requested by
landowners.
Municipality of Clarington
Report JCR -001-19
19. St. Marys Cement
Page 9
Whereas St. Marys Cement has commenced an application to burn 400 tonnes daily of
Low Alternative Carbon Fuels, and at the same time, Durham Region is drafting Terms
of Reference to expand the Energy From Waste to 250,000 tonnes annually; and
Now therefore be it resolved that St. Marys Cement and the Ministry of the
Environment, Conservation and Parks be requested to have ambient air monitoring for
St. Marys Cement which is consistent with the ambient air monitoring for the Energy
From Waste, including, PM 2.5.
20. Acquisition of Lands
That the recommendations, contained in Confidential Report PSD -037-19, be approved.