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09/09/2019 Joint Committees
General Government and Planning and Development Committees Revised Agenda Date:September 9, 2019 Time:9:30 AM Location:Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Samantha Gray, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at sgray@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of General Government Committee meetings. If you make a delegation or presentation at a General Government Committee meeting, the Municipality will be audio recording you and will make the recording public by publishing the recording on the Municipality’s website. Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net *Late Item added after the Agenda was published. Pages 1.Call to Order 2.New Business – Introduction Members of Committee are encouraged to provide the Clerk’s Department, in advance of the meeting, a copy of any motion the Member is intending to introduce, (preferably electronic) such that staff could have sufficient time to share the motion with all Members prior to the meeting. 3.Adopt the Agenda 4.Declaration of Interest 5.Announcements 6.Adoption of Minutes of Previous Meeting 6.1 Minutes of a Regular General Government Meeting of June 17, 2019 9 6.2 Minutes of a Regular Planning and Development Meeting of June 24, 2019 31 7.Public Meetings 7.1 Application for a Proposed Clarington Official Plan and Zoning By-law Amendment 51 Applicant: Werrcroft Farms Ltd. Report: PSD-032-19 Location: 8800 Middle Road, Darlington 8.Delegations 8.1 Scott Parnell, Canadian Nuclear Laboratories, Regarding Port Granby Project Update 8.2 Ornella Richichi, The Torgan Group, Report PSD-034-19 Regarding Request for Surplus Lands-Bowmanville Avenue *8.3 Ken Hoy, Amanda Hoy and Gord Wallace, Regarding Report PSD-039- 19 Exemption Request for 10 Victoria Street from Interim Control By-law Page 2 *8.4 Jim Boate, Regarding Unfinished Business Item 23.1 Farewell Creek Trail Phase 2 - Route Options *8.5 Ryan Guetter, Weston Consulting, Regarding Report PSD-033-19 Expansion of Clarington Energy Business Park Secondary Plan Study Area to include the Courtice Waterfront *8.6 Ryan Guetter, Weston Consulting, Regarding Report PSD-036-19 Application by National Homes (Prestonvale) Inc. to permit a 112 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice *8.7 Katherine Warren, Regarding Report PSD-035-19, Intent to Pursue Heritage Designation for two (2) Properties: 120 Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon 9.Communications – Receive for Information 9.1 Minutes of the Newcastle Business Improvement Area dated April 11, May 9, June 13 and August 8, 2019 53 9.2 Minutes of the Solina Community Hall Board dated June 20, 2019 64 9.3 Durham Region Report #2019-EDT-10, Durham Economic Development Partnership Strategic Priorities 66 9.4 Mary Watson, Board of Director, Bawaajigewin Aboriginal Community Circle (BACC), regarding Orange Shirt Day 69 10.Communications – Direction 10.1 Bradley Archambault, Regarding Bill 66 Restoring Ontario's Competitiveness Act 70 (Motion for Direction) 10.2 Tammy Wylie, Clerk Administrator, Township of McKellar, Regarding Municipal Amalgamation 71 (Motion for Direction) 10.3 Amanda Gubbels, Administrator/Clerk, Town of Warwick, Regarding Enforcement for Safety on Family Farms 74 (Motion to Endorse) 10.4 Mary Medeiros, Interim City Clerk, City of Oshawa, Regarding Fire Safety During Construction Period of Wood Buildings 76 Page 3 (Motion to Endorse) Page 4 10.5 Bob Malone, Immediate Past President Newcastle/Bond Head Ratepayers Association, Regarding Train Whistle Cessation 79 (Refer to the Director of Engineering) 11.Presentations No Presentations 12.Planning Services Reports 12.1 PSD-032-19 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 85 12.2 PSD-033-19 Expansion of Clarington Energy Business Park Secondary Plan Study Area to include the Courtice Waterfront 93 12.3 PSD-034-19 Declaration of Surplus Property at the Bowmanville Avenue Westbound Exit from Highway 401 119 12.4 PSD-035-19 Intent to Pursue Heritage Designation for two (2) Properties: 120 Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon 125 12.5 PSD-036-19 Application by National Homes (Prestonvale) Inc. to permit a 112 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice 150 Referred to Sept 30 PDC 12.6 PSD-038-19 Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083 184 12.7 PSD-039-19 Exemption Request for 10 Victoria Street from Interim Control By-law 195 Referred to Sept 30 PDC 13.Engineering Services Department Reports No Reports 14.Operations Department Reports No Reports 15.Emergency and Fire Services Department Reports Page 5 15.1 ESD-006-19 Memorandum of Understanding – Ontario Power Generation 205 16.Community Services Department Reports No Reports 17.Municipal Clerk’s Department Reports 17.1 CLD-017-19 Accessible Canada Act 227 17.2 CLD-018-19 Parking in Municipal Parking Lots 233 18.Corporate Services Department Reports 18.1 COD-013-19 Council Awards During Council Recess 240 Referred to Oct 15 GGC 19.Finance Department Reports 19.1 FND-022-19 Financial Update as at June 30, 2019 313 19.2 FND-023-19 2020 Budget Guidelines 329 20.Solicitor’s Department Reports No Reports 21.Chief Administrative Office Reports 21.1 CAO-009-19 Possible Merger of the Clarington Public Library Board and Clarington Museum and Archives Board 336 22.New Business – Consideration 22.1 Motion to Move the Planning and Development Committee of November 11, 2019 350 *22.2 Motion to Build a New Long-term Care Facility on the Rekker Property 351 *22.3 Zone Clarington - Environmental Review Area & Minimum Vegetation Protections Zone *22.4 Zone Clarington - Environmental Protection Areas *22.5 Tooley Road Trees Page 6 *22.6 St. Mary's Cement *22.7 Personnel Matter 23.Unfinished Business 23.1 Memo from the Director of Engineering dated July 2, 2019, regarding Farewell Creek Trail Phase 2 - Route Options [Referred from the July 2, 2019 Council meeting] 353 Page 7 24.Confidential Reports 24.1 LGL-009-19 Durham Region Smoke-Free By-law 28-2019 24.2 PSD-037-19 Acquisition of Lands 24.3 Confidential Verbal Report from the CAO regarding a Personnel Matter 25.Adjournment Page 8 General Government Committee Minutes June 17, 2019 - 1 - If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the General Government Committee held on Monday, June 17, 2019 at 9:30 AM in the Council Chambers. Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, and Councillor M. Zwart Regrets: Councillor C. Traill Staff Present: A. Allison, T. Cannella (left the meeting at 3:15 PM), R. Maciver (left the meeting at 3:15 PM), T. Pinn (left the meeting at 3:15 PM), S. Meredith (left the meeting at 3:15 PM), A. Greentree (left the meeting at 3:15 PM), F. Horvath (left the meeting at 3:15 PM), D. Ferguson (left the meeting at 3:15 PM), T. Calhoun (left the meeting at 3:15 PM), J. Gallagher, S. Gray 1 Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2 New Business – Introduction Councillor Neal asked that a new business item, regarding Personnel Matter regarding an identifiable individual, be added to the New Business – Consideration section of the agenda. Councillor Zwart asked that a new business item, regarding Regional Garbage, be added to the New Business – Consideration section of the agenda. Councillor Zwart asked that a new business item, regarding the Strategic Plan, be added to the New Business – Consideration section of the agenda. Councillor Anderson asked that a new business item, regarding correspondence from the Township of Armour, regarding Opposing Bill 115, be added to the Communications for Direction section of the agenda. Page 9 General Government Committee Minutes June 17, 2019 - 2 - 3 Adopt the Agenda Resolution #GG-377-19 Moved by Councillor Jones, seconded by Councillor Neal That the Agenda for the General Government Committee meeting of June 17, 2019 be adopted as presented, with the addition of the new business items regarding: Personnel Matter Regional Garbage The Strategic Plan Communication Item 9.4 from the Township of Amour, regarding Opposing Bill 115 Carried 4 Declaration of Interest There were no declarations of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #GG-378-19 Moved by Councillor Hooper, seconded by Councillor Zwart That the minutes of the regular meeting of the General Government Committee meeting held on May 27, 2019, be approved. Carried Alter the Agenda Resolution #GG-379-19 Moved by Councillor Jones, seconded by Councillor Anderson That the Agenda be altered to consider Item 19.2, Report CAO-006-19, Cedar Crest Beach Update at this time. Carried Page 10 General Government Committee Minutes June 17, 2019 - 3 - Resolution #GG-380-19 Moved by Councillor Jones, seconded by Councillor Neal That Report CAO-006-19, Cedar Crest Beach Update, be referred to the Council meeting of July 2, 2019. Motion Withdrawn Resolution #GG-381-19 Moved by Councillor Jones, seconded by Councillor Anderson That Report CAO-006-19, Cedar Crest Beach Update, be tabled to the Council meeting of July 2, 2019. Tabled Alter the Agenda Resolution #GG-382-19 Moved by Councillor Jones, seconded by Councillor Anderson That the Agenda be altered to consider Item 10.1, Presentation from Viano Ciaglia, Regional Manager, Frank Cowan Company, Regarding The Frank Cowan Home Town Program., at this time. Carried 10.1 Viano Ciaglia, Regional Manager, Frank Cowan Company, Regarding The Frank Cowan Home Town Program Viano Ciaglia, Regional Manager, Frank Cowan Company, was present regarding The Frank Cowan Home Town Program. Mr. Ciaglia presented the Committee with $5,000 to purchase sensory equipment and supplies that can be incorporated into future special events and recreation programs. Councillor Neal left the meeting at 9:43 AM. 7 Delegations 7.1 Audrey Andrews, Manager of Strategic Partnerships and Initiatives, Social Services Department, Region of Durham, and Jason Hunt, Director of Legal Services, Corporate Services Department, Region of Durham, Regarding the Access to Justice Hub Audrey Andrews, Manager of Strategic Partnerships and Initiatives, Social Services Department, Region of Durham, and Jason Hunt, Director of Legal Services, Corporate Services Department, Region of Durham, were present regarding the Access to Justice Hub. They made a verbal presentation to accompany an electronic presentation. Page 11 General Government Committee Minutes June 17, 2019 - 4 - Mr. Hunt explained that there are multiple barriers faced by Durham Region residents including language, low literacy, physical/mental disability, no access to phones or internet or transportation. He stated that the through a ‘gap and needs assessment’ and, in collaboration with the Region of Durham and TeachingCity Oshawa (City of Oshawa), Legal Clinic, Durham College, and itinerant partners the Justice Hub was created. Mr. Hunt noted that it is first of its kind in Ontario. He explained that the Justice Hub will provide integrated community service, advocacy, support and financial empowerment resources to a broad range of residents of Durham Region. Mr. Hunt stated that the Hub will complement the services of the Durham Community Legal Clinic. He mentioned that the Justice Hub will help fill the gaps between the areas of legal, social services, and financial needs. Ms. Andrews outlined the services being offered and the stakeholders and community partners involved. They concluded the presentation by advising the Committee that they would be continuing community outreach, recruiting Board members, finalizing by-laws and their not-for-profit incorporation status, seeking funding and grants from all available sources, and hiring a Hub student. Councillor Neal returned to the meeting at 9:53 AM. Resolution #GG-383-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the delegation from Audrey Andrews, Manager of Strategic Partnerships and Initiatives, Social Services Department, Region of Durham, and Jason Hunt, Director of Legal Services, Corporate Services Department, Region of Durham, Regarding Access to Justice Hub; be received with thanks; and That the delegation from Audrey Andrews, Manager of Strategic Partnerships and Initiatives, Social Services Department, Region of Durham, and Jason Hunt, Director of Legal Services, Corporate Services Department, Region of Durham, Regarding Access to Justice Hub, be referred to Legal Services. Carried 7.2 Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an Economic Development Update Sheila Hall, Executive Director, Clarington Board of Trade (CBOT), was present regarding an Economic Development Update. She made a verbal presentation to accompany an electronic presentation. Ms. Hall stated that Ontario Power Generation will have a new Corporate Campus and Headquarters in Clarington Energy Park. She explained that the creation of this new campus demonstrates leadership in the industry and will enhance collaboration and innovation. Ms. Hall noted that it will bring over 2000 multi-generational jobs to the Clarington Energy Park with doors expected to open in 2024. She highlighted the Clarington’s energy workforce and the impact it makes and the creation of jobs. Ms. Hall outlined the amount of job creation expected in the next 24 months in distribution and material handling and life and wellness. She stated that Page 12 General Government Committee Minutes June 17, 2019 - 5 - community development impacted by Clarington’s new employment includes: transit, infrastructure, ancillary business and housing. Ms. Hall explained that CBOT has expanded in the cannabis research and innovation. She provided the Committee with an update on projects supporting growth in the community. Ms. Hall concluded by advising the Committee that they will be hosting the Clarington Economic Summit on November 20, 2019. Resolution #GG-384-19 Moved by Councillor Hooper, seconded by Councillor Anderson That the delegation of Sheila Hall, Executive Director, Clarington Board of Trade, Regarding an Economic Development Update, be received with thanks; and That Communication Item 8.3, Sheila Hall, Executive Director, Clarington Board of Trade, Regarding 2019 Q1 KPI Report, be received for information. Carried 7.3 Darlene Brown, Big Brothers Big Sisters of Clarington, Regarding an Update Darlene Brown, Big Brothers Big Sisters of Clarington, Beth Colley, Chair, Big Brothers Big Sisters of Clarington were present regarding an update. They made a verbal presentation to accompany an electronic presentation. Ms. Brown stated that they are committed to helping children and youth develop into self-confident, emotionally strong, and socially responsible adults by providing the highest quality volunteer based mentoring programs. She noted that they offer a wide array of one-on-one and group mentorship programs which served 525 Clarington children last year. Ms. Brown explained that the volunteer mentors provide friendship, support, guidance and opportunities which many children might not otherwise have and highlighted the importance of their mentorship. She stated that they serve over 500 children, working with 19 schools. Ms. Brown explained that there are waiting lists for the traditional program and the in-school mentoring program. She advised the Committee that they are at their capacity. Ms. Brown explained they need more physical space and asked if a municipal building was available. She noted that they are open to collaborations with other agencies to share resources. Ms. Brown mentioned that they need approximately 2,000 sq. feet, with private meeting rooms, accessibility and location. She noted that 80% of the children served are from Bowmanville. Ms. Brown explained that the average cost per child is $750. She asked if there is an opportunity for a multiyear funding program with the Municipality of Clarington. Ms. Brown explained that the estimated program growth is 2.75% over next 5 years. She concluded her presentation and offered to answer questions from the Committee. Page 13 General Government Committee Minutes June 17, 2019 - 6 - Resolution #GG-385-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the delegation of Darlene Brown and Beth Colley, Big Brothers Big Sisters of Clarington, Regarding an Update, be received with thanks. Motion Withdrawn Resolution #GG-386-19 Moved by Councillor Neal, seconded by Councillor Anderson That the delegation of Darlene Brown and Beth Colley, Big Brothers Big Sisters of Clarington, Regarding an Update, be received with thanks; and That the request for space from Darlene Brown and Beth Colley, Big Brothers Big Sisters of Clarington, be referred to staff. Carried 7.4 Dave Mowat, Consultation, Lands and Membership Supervisor for Mississaugas of Scugog Island First Nation, Regarding Report CSD-007-19, Land Acknowledgement Statement Dave Mowat, Consultation, Lands and Membership Supervisor for Mississaugas of Scugog Island First Nation, was present regarding Report CSD-007-19, Land Acknowledgement Statement. He made a verbal presentation to accompany an electronic presentation. Mr. Mowat acknowledged the Diversity Committee’s proactive approach to learn some of the history of First Nation lands and taking the time to visit the Reserve. He provided a brief history of the Royal Proclamation of 1763. Mr. Mowat highlighted William Johnson, Superintendent for Indian Affairs’ involvement in the commissioning the creation of The Great Belt of the Covenant Chain in July 1764 and that this offering was made to renew the relationship with First Nation allies. He stated that the belt is still used today to remind the Crown of the historic relationship. Mr. Mowat displayed two maps of The Gunshot Treaty, 1787-1788, where the Municipality of Clarington is situated. He explained the area includes from the Don River to the Trent River up to the Oak Ridges Moraine. Mr. Mowat displayed a map of Mississauga Hunting Grounds from the 1923 Williams Treaties. He provided the Committee with a history of the Williams Treaties. Mr. Mowat explained that there is a duty to consult and to be notified by the Crown when any activities could compromise the constitutional protected rights over the land. Page 14 General Government Committee Minutes June 17, 2019 - 7 - Suspend the Rules Resolution #GG-387-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the Rules of Procedure be suspended to allow the delegation of Dave Mowat to be extended for an additional five minutes. Carried Mr. Mowat continued by advising the Committee that land acknowledgement statement is 200 years too late and that many municipalities do not have one. He recommended that the Committee take time to research the history of the land within and in proximity to our municipal boundaries. Suspend the Rules Resolution #GG-388-19 Moved by Councillor Neal, seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the delegation a second time. Carried Alter the Ag enda Resolution #GG-389-19 Moved by Councillor Zwart, seconded by Councillor Hooper That the Agenda be altered to consider Report CSD-007-19, Land Acknowledgement Statement, at this time. Carried 14.1 CSD-006-19 Land Acknowledgement Statement Resolution #GG-390-19 Moved by Councillor Zwart, seconded by Councillor Hooper That Report CSD-007-19, Land Acknowledgement Statement, be referred to staff to Report back to the General Government Committee meeting of September 23, 2019. Carried Page 15 General Government Committee Minutes June 17, 2019 - 8 - 7.5 Sarah Delicate, Regarding Report CAO-006-19, Cedar Crest Beach Update Sarah Delicate advised the Municipal Clerk’s Department, prior to the meeting that she would be unable to attend as a delegation. 7.6 Bart Hawkins-Kreps, Regarding Report CAO-006-19, Cedar Crest Beach Update Bart Hawkins-Kreps advised the Municipal Clerk’s Department, prior to the meeting that he would be unable to attend as a delegation. 7.7 Larry Defosse, Regarding Report CAO-006-19, Cedar Crest Beach Update Larry Defosse advised the Municipal Clerk’s Department, prior to the meeting that he would be unable to attend as a delegation. 7.8 Wendy Bracken, Regarding Energy from Waste – Waste Management Advisory Committee, Deferral of Recommendation C) of Report #2019-COW-3 Wendy Bracken, was present regarding the Energy from Waste – Waste Management Advisory Committee (EFW -WMAC), deferral of Recommendation C) of Report #2019- COW -3. She made a verbal presentation to accompany an electronic presentation. Ms. Bracken advised the Committee that the EFW -WMAC requested that Regional Works Committee defer the decision to commence an Environmental Assessment (EA) to expand the incinerator until: There has been public consultation on the Long-Term Waste Management Strategy for 2021-2040; The EFW -WMAC has had a presentation on Report #2019-COW -3: Solid Waste Management Servicing and Finance Study; and A report on how the Organics Management project will impact the incinerator has been considered. Ms. Bracken highlighted Section 2.1: Community Consultation and Communications of the Host Community Agreement that states, “Durham shall support the development and operation of an EFW Site Liaison Committee for the purpose of facilitating input from the community and the distribution of relevant information in regards to the construction, operation and monitoring of the EFW facility”. She also highlighted the mandate of the EFW -WMAC. Ms. Bracken stated that, in order to fulfill their advisory role, the EFW -WMAC Committee and the public must: Be provided with relevant information and apprised of major waste management/incinerator developments in a timely manner and with time to consider in advance of limiting decisions; Be consulted on the recommendation to expand the incinerator before it went to Council; and Page 16 General Government Committee Minutes June 17, 2019 - 9 - Though on the agenda of the April 23, 2019 EFW -WMAC, new EFW-WMAC members were not given a presentation of Report #2019-COW -3 containing the DYEC expansion recommendation. Ms. Bracken mentioned that it was a fair and reasonable request from the EFW-WMAC to the Regional Works Committee, but they refused to act on the request. She requested that the Municipality of Clarington: Direct Clarington Legal Department review the Host Community Agreement in light of expansion proposal and with regards to EFW-WMAC legal obligations Clarington and all Clarington Regional Council members must make clear written and verbal statements in support of WMAC resolution Clarington must consult with the Clarington community over expansion proposal Recess Resolution #GG-391-19 Moved by Councillor Neal, seconded by Councillor Jones The Committee recessed for their one hour scheduled break as per the Procedural By-law. Carried The meeting reconvened at 1:00 PM with Mayor Foster in the Chair. Resolution #GG-392-19 Moved by Councillor Neal, seconded by Councillor Zwart That the Municipal Solicitor be directed to report back on the legal requirements as it pertains to the EFW-WMAC under the Host Community Agreement and the proposed expansion of the EFW. Carried 8 Communications - Receive for Information 8.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding Nomination to the Credit Valley/Toronto and Region/Central Lake Ontario Source Protection Committee (2019-W-33) 8.2 Minutes of the Ganaraska Region Conservation Authority dated May 16, 2019 8.4 Carol Schofield, Manager, Legislative Services/Clerk, Town of Fort Erie, Regarding Issuance of Cannabis Licenses in Residentially Zoned Areas Page 17 General Government Committee Minutes June 17, 2019 - 10 - 8.5 Mary Medeiros, Acting City Clerk, City of Oshawa, Regarding Downed Elevators and Municipal Response Resolution #GG-393-19 Moved by Councillor Hooper, seconded by Councillor Jones That the Communication Items 8.1 to 8.5 be received for information, with the exception of Correspondence Items 8.1 and 8.5. Carried Resolution #GG-394-19 Moved by Councillor Neal, seconded by Councillor Anderson That the Communications Item 8.1, be received for information. Carried Resolution #GG-395-19 Moved by Councillor Neal, seconded by Councillor Jones That the following City of Oshawa resolution, regarding Downed Elevators and Municipal Response, be endorsed by the Municipality of Clarington: That pursuant to Report CORP-19-22 dated February 20, 2019, the Provincial Government be requested to proclaim into force the remaining elements of Bill 8 related to elevating devices in all building stock. That pursuant to Report CORP-19-22 dated February 20, 2019, the Provincial Government be requested to amend the Technical Standards and Safety Act, 2000, as necessary, to: a) Authorize the Technical Standards and Safety Authority inspectors to impose timelines to complete repairs/replacements to elevators in buildings whether subjected to a Technical Standards and Safety Authority order or not and to impose appropriate penalties if there is a non- compliance; and b) Authorize the Technical Standards and Safety Authority inspectors to impose conditions requiring the owner to provide an alternate mechanical means of access above the ground floor when a repair to the single elevator in a building is being undertaken whether such repair is by an order of the Technical Standards and Safety Authority or not and to impose penalties if there is a non-compliance. Page 18 General Government Committee Minutes June 17, 2019 - 11 - That pursuant to Report CORP-19-22 dated February 20, 2019, the Provincial Government be requested to amend the Ontario Building Code to require new single elevator buildings to provide an alternative mechanical means of access above the ground floor or consider requiring multi-level buildings to have two elevators as appropriate and to consult with the building and development industry during the process. That a copy of Report CORP-19-22 and the related Council resolution be sent to: • All Region of Durham Municipalities • Durham Region Members of Parliament and Members of Provincial Parliament • Federation of Canadian Municipalities • Association of Municipalities of Ontario • Local Health Integration Network • Oshawa’s Accessibility Advisory Committee • Durham Regional Accessibility Advisory Committee • Large Urban Mayor’s Caucus of Ontario • Technical Standards and Safety Authority • Advocacy Centre for the Elderly • Federal/Provincial/Territorial Ministers for Seniors • United Senior Citizens of Ontario • Oshawa Senior Citizens Centres • Ministry of Municipal Affairs and Housing • Ministry of Government and Consumer Services • The City’s Building Industry Liaison Team including Durham Region Homebuilder’s Association and Building Industry and Land Development Association • Ontario Building Officials Association • Ontario Non-Profit Housing Association; and, That staff continue to investigate the potential of a stand-alone By-law to address elevating devices in the City of Oshawa.” Motion Withdrawn Resolution #GG-396-19 Moved by Councillor Neal, seconded by Councillor Jones That Communication Item 8.5, regarding Downed Elevators and Municipal Response, be referred to Engineering staff. Carried 8.3 Sheila Hall, Executive Director, Clarington Board of Trade, Regarding 2019 Q1 KPI Report Communication Item 8.3 was considered earlier in the meeting during the delegation portion of the agenda. Page 19 General Government Committee Minutes June 17, 2019 - 12 - 9 Communications – Direction 9.1 Linda J. Laliberte, Chief Administrative Officer / Secretary- Treasurer, Ganaraska Region Conservation Authority, Request for Nomination to the Trent Conservation Coalition Source Protection Committee Resolution #GG-397-19 Moved by Councillor Hooper, seconded by Councillor Neal That Rob Franklin be nominated to the Trent Conservation Coalition Source Protection Committee. Carried 9.2 Basia Radomski, Corporate Communications Officer, Regarding Tourism Advisory Committee Recommendation Regarding Branding Resolution #GG-398-19 Moved by Councillor Neal, seconded by Councillor Hooper That Communication Item 9.2, Tourism Advisory Committee Recommendation regarding branding, be referred to staff. Carried 9.3 Heather Ridge, Executive Director and Katherine Warren, Board Chair, Clarington Museum and Archives Board, Regarding CAO-005-19, Possible Merger of the Museum and Archives Board, Library Board and Visual Arts Centre Resolution #GG-399-19 Moved by Councillor Neal, seconded by Councillor Anderson That Communication Item 9.3, be referred to the Consideration of Report CAO-005-19, Possible Merger of the Museum and Archives Board, Library Board and Visual Arts Centre. Carried Page 20 General Government Committee Minutes June 17, 2019 - 13 - 9.4 Louise Heintzman, Administrative Assistant, Township of Amour, Regarding Opposing Bill 115 Resolution #GG-400-19 Moved by Councillor Anderson, seconded by Councillor Neal That Communication Item 9.4, Louise Heintzman, Adminsitrative Assitant, Township of Amour, Regarding Opposing Bill 11, be referred to the Council meeting of July 2, 2019. Carried 10 Presentations 10.1 Viano Ciaglia, Regional Manager, Frank Cowan Company, Regarding the Frank Cowan Home Town Program The Presentation from Viano Ciaglia, Regional Manager, Frank Cowan Company, Regarding the Frank Cowan Home Town Program, was considered earlier in the meeting during the delegation portion of the agenda. Councillor Anderson chaired this portion of the meeting. 11 Engineering Services Department 11.1 EGD-012-19 Proposal to Close and Convey a Portion of a Road Allowance (Given Road) Situated in Lot 30, Concession 2, Former Township of Clarke Resolution #GG-401-19 Moved by Councillor Zwart, seconded by Councillor Neal That Report EGD-012-19 be received; That the application by Tornat Newcastle Limited to acquire portions of the road allowances of Given Road and McDonald Crescent in Newcastle be approved by Council to advance to the next steps identified in the road closure and conveyance process; and That all interested parties listed in Report EGD-012-19 and any delegations be advised of Council’s decision. Carried Page 21 General Government Committee Minutes June 17, 2019 - 14 - 11.2 EGD-015-19 Rail Safety Improvement Program Agreement Resolution #GG-402-19 Moved by Councillor Neal, seconded by Councillor Zwart That Report EGD-015-19 be received; That the Mayor and Clerk be authorized to execute the funding agreement between the Government of Canada and the Municipality of Clarington; That the By-law attached to Report EGD-015-19, as Attachment 2, be approved; and That all interested parties listed in Report EGD-015-19 and any delegations be advised of Council's decision. Carried Councillor Hooper chaired this portion of the meeting. 12 Operations Department 12.1 OPD-006-19 Cemetery Fees Resolution #GG-403-19 Moved by Mayor Foster, seconded by Councillor Jones That Report OPD-006-19 be received; That the proposed new or revised surcharges for Saturday, Sunday and Statutory Holiday Interments be approved; That all other proposed cemetery fees for 2019, as outlined on Attachment 1 of Report OPD-006-19, be approved; That all cemetery fees for subsequent years be adjusted using the annual, November over November, Ontario All-Items Consumer Price Index (CPI) to take effect each year on January 1; and That Attachment 1 to Report OPD-006-19, amending by-law to By-law 2012-061, being a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington, be approved. Carried Page 22 General Government Committee Minutes June 17, 2019 - 15 - Councillor Zwart chaired this portion of the meeting. 13 Emergency and Fire Services Department 13.1 ESD-005-19 Emergency Services Activity Report – Q1 2019 Resolution #GG-404-19 Moved by Mayor Foster, seconded by Councillor Anderson That Report ESD-005-19 be received for information. Carried 14 Community Services Department 14.1 CSD-007-19 Land Acknowledgement Statement Report CSD-007-19, Land Acknowledgement Statement was considered earlier in the meeting during the delegation portion of the agenda. Councillor Jones chaired this portion of the meeting. 15 Municipal Clerk’s Department 15.1 CLD-015-19 Appointment Private Parking Officers Resolution #GG-405-19 Moved by Councillor Neal, seconded by Mayor Foster That Report CLD-015-19 be received; That the draft By-law attached to Report CLD-015-19 (as Attachment 2) be approved; to appoint Nemesis Security Service, Paragon Security, G4S Canada and Paladin Security as Private Parking Officers and repeal By-laws formerly appointing individuals and for site specific private parking enforcement; and That all interested parties listed in Report CLD-015-19 and any delegations be advised of Council's decision. Carried Page 23 General Government Committee Minutes June 17, 2019 - 16 - Mayor Foster chaired this portion of the meeting. 16 Corporate Services Department 16.1 COD-010-19 Service Delivery Review for Forestry Services Resolution #GG-406-19 Moved by Councillor Anderson, seconded by Councillor Hooper That Report COD-010-19 be received; That the proposal received from WSCS Consulting Inc. being the most responsive bidder meeting all terms, conditions and specifications of RFP2019-1, be awarded the contract for the provision of consulting services to complete the Service Delivery Review for Forestry Services; That the funds required in the amount of $32,797.25 (net HST rebate) be drawn from the following account: Admin. Professional Fees (2018 Budget) 100-13-130-00000-7161 $32,797.25 That all interested parties listed in Report COD-010-19 and any delegations be advised of Council's decision by the Corporate Services Department. Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X 16.2 COD-012-19 GBRRC Roof Refurbishment and SCA Roof /Sealant Replacement Resolution #GG-407-19 Moved by Councillor Hooper, seconded by Councillor Zwart That Report COD-012-19 be received; Page 24 General Government Committee Minutes June 17, 2019 - 17 - That Industrial Roofing Services Limited with a total bid amount of $ 421,468.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2019-18 be awarded the contract for the GBRRC Roof Refurbishment and SCA Roof /Sealant Replacement, as required by the Community Services Department; That the funds required for this project in the amount of $449,548.00 (Net HST Rebate) which includes the construction cost of $421,468.00 (Net HST Rebate) engineering design and testing/inspection be funded by the Municipality from the approved budget allocations as follows: GBRRC - Roof 110-42-421-84256-7401 $250,000 SCA - Roof 110-42-421-84259-7401 150,000 SCA - Exterior Window Control Joints 110-42-421-84259-7401 30,000 Community Services Capital Reserve Fund 518-00-000-00000-7418 19,548 That all interested parties listed in Report COD-012-19 and any delegations be advised of Council's decision by the Corporate Services Department. Carried Later in the Meeting Suspend the Rules Resolution #GG-408-19 Moved by Councillor Neal, seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the matter of the foregoing Resolution #GG-407-19 a second time. Carried The foregoing Resolution #GG-407-19 was then put to a vote and carried. 17 Finance Department 17.1 FND-017-19 Financial Update as at March 31, 2019 Resolution #GG-409-19 Moved by Councillor Neal, seconded by Councillor Jones That Report FND-017-19 be received for information. Carried Page 25 General Government Committee Minutes June 17, 2019 - 18 - 17.2 FND-018-19 Tax Write-Offs under Section 354(2)(a), 354(4)(a) and 354(4)(b) of the Municipal Act, 2001 Resolution #GG-410-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report FND-018-19 be received; and That the Treasurer be authorized, under Section 354(2)(a), 354(4)(a) and 354(4)(b) of the Municipal Act 2001 to write-off taxes as uncollectible and charge back the proportionate amounts to the Region of Durham and the Province of Ontario. Carried 17.3 FND-019-19 2019/2020 Insurance Program Resolution #GG-411-19 Moved by Councillor Neal, seconded by Councillor Jones That Report FND-019-19 be received; That the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self-retention deductible levels for the period July 1, 2019 to June 30, 2020, at an approximate cost to Clarington of $932,094 be confirmed; and That the purchase of cyber liability coverage through the Frank Cowan Company at a cost of $20,000 be confirmed; and That Staff be directed to commence a competitive bidding process in the market for municipal general insurance coverage, in accordance with the notification requirements of the Durham Municipal Insurance Pool. Carried 17.4 FND-021-19 Audit and Accountability Fund Resolution #GG-412-19 Moved by Councillor Anderson, seconded by Councillor Hooper That Report FND-021-19 be received; That the Mayor and Clerk be authorized to enter into any funding agreements with the Province of Ontario to facilitate the transfer of funds from the Province of Ontario; and Page 26 General Government Committee Minutes June 17, 2019 - 19 - That the CAO be authorized, if necessary given the compressed timelines of the project, to enter into a sole sourcing arrangement with a third party service provider capable of completing the work. Carried 18 Solicitor’s Department 18.1 LGL-006-19 Repeal and Replacement of Lot Maintenance By-law 2003-046 Resolution #GG-413-19 Moved by Councillor Hooper, seconded by Councillor Neal That Report LGL-006-19 be received; and That the draft By-law attached to Report LGL-006-19 (as Attachment 1) be approved. Carried 19 Chief Administrative Office 19.1 CAO-005-19 Possible Merger of the Museum and Archives Board, Library Board and Visual Arts Centre Resolution #GG-414-19 Moved by Councillor Neal, seconded by Councillor Anderson That Report CAO-005-19 be received; That Council direct staff to establish a joint Museum Library transition committee, composed of Board members and staff from both organizations; That the Committee Report back in September, 2019 on a potential merger with the intention to preserve the Community Museum Operating Grant; and That the Clarington Library Board, the Clarington Museum and Archives Board and the Visual Arts Centre be advised of Council's decision. Carried 19.2 CAO-006-19 Cedar Crest Beach Update Report CAO-006-19, Cedar Crest Beach Update was considered earlier in the meeting. Page 27 General Government Committee Minutes June 17, 2019 - 20 - 19.3 CAO-007-19 Tax Rebate for Parkview Lodge Resolution #GG-415-19 Moved by Councillor Zwart, seconded by Councillor Hooper That Report CAO-007-19 be received; That the Region of Durham be advised that the Municipality of Clarington supports the proposed affordable housing project (Parkview Lodge expansion) recommended for award by the Region of Durham pursuant to the evaluation of the Request for Proposals 1060-2018, under the Federal-Provincial Social Infrastructure Fund – Investment in Affordable Housing Program (SIF-IAH Program); That the Region of Durham be advised that the Municipality of Clarington will take the necessary steps to set the municipal tax rate for the affordable housing project at the single residential rate for twenty years from the date of building occupancy for any unit that receives funding under the SIF-IAH Program; and That all interested parties listed in Report CAO-007-19 and any delegations be advised of Council's decision. Carried 19.4 CAO -008-19 Energy Conservation and Demand Management Plan 2019-2024 Resolution #GG-416-19 Moved by Councillor Hooper, seconded by Councillor Anderson That Report CAO-008-19 be received; That Council endorse the Energy Conservation and Demand Management Plan 2019-2024, as required under Ontario Regulation 507/18 of the Electricity Act, 1998; That Staff be directed to incorporate the energy conservation and greenhouse gas reduction actions proposed within the Energy Conservation and Demand Management Plan 2019-2024 into Clarington’s Asset Management Plan; and That staff be directed to incorporate the principals of energy conservation and greenhouse gas reductions into the Clarington Climate Action Plan, currently being developed by municipal staff. Carried Page 28 General Government Committee Minutes June 17, 2019 - 21 - 20 New Business – Consideration 20.1 Strategic Plan Resolution #GG-417-19 Moved by Councillor Zwart, seconded by Councillor Neal That Staff provide quarterly updates to Council on the progress of goals outlined in the Municipality of Clarington’s Strategic Plan 2019 – 2022. Carried 20.2 Regional Garbage Resolution #GG-418-19 Moved by Councillor Zwart, seconded by Councillor Jones Whereas Clarington Council decided to upload the residential garbage program to the Region of Durham in 2002, along with the three northern municipalities, to promote more waste diversion, And whereas, further to the 2002 resolution, Council also passed an amendment requesting: That the Region of Durham undertake a comprehensive education program across the municipality including commercial, industrial and institutional, to promote reduce, reuse and recycle initiatives and if the Region cannot successfully undertake this, that opportunities for the area municipalities be explored with all related costs being covered by the Region, and That the Region of Durham report annually to Council on the initiatives of their Waste Management Program outlining customer satisfaction, waste diversion initiatives, area municipality updates and level of service; Now therefore be it resolved that the Municipality of Clarington request a verbal and written report from the Region of Durham staff regarding the comprehensive education programs which they have undertaken to promote reduce, reuse and recycle initiatives in the municipality, across all sectors as per the 2002 resolution, including how much money was spent on these initiatives. Carried Page 29 General Government Committee Minutes June 17, 2019 - 22 - 20.3 Personnel Matter Closed Session Resolution #GG-419-19 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 personnel matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 3:44 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 one resolution was passed to provide direction to staff. 21 Unfinished Business 22 Confidential Reports There were no items considered under this section of the Agenda. 23 Adjournment Resolution #GG-420-19 Moved by Councillor Hooper, seconded by Councillor Neal That the meeting adjourn at 3:44 PM. Carried ________________________ ________________________ Mayor Deputy Clerk Page 30 Planning and Development Committee Minutes June 24, 2019 - 1 - If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Minutes of a meeting of the Planning and Development Committee held on Monday, June 24, 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 (arrived to the meeting at 7:02 PM), Councillor M. Zwart Staff Present: A. Allison, D. Seaman, R. Maciver, F. Langmaid, C. Pellarin, K. Richardson, J. Gallagher, S. Gray 1 Call to Order Councillor Neal called the meeting to order at 7:00 PM. 2 New Business – Introduction There were no new business items added to the Agenda. 3 Adopt the Agenda Suspend the Rules Resolution #PD-097-19 Moved by Councillor Hooper, seconded by Councillor Jones That the Rules of Procedure be suspended; and That the following individuals be added as a delegations regarding the Presentation from Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection: Charlene and Adam Stephenson Rob Whitehead Daniel Moriarity, Urban Planner, IBI Group Carried Page 31 Planning and Development Committee Minutes June 24, 2019 - 2 - Alter the Agenda Resolution #PD-098-19 Moved by Councillor Zwart, seconded by Mayor Foster That the Agenda be altered to consider Item 11.1, Presentation from Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection, at this time. Carried Resolution #PD-099-19 Moved by Councillor Anderson, seconded by Mayor Foster That the Agenda for the Planning and Development Committee meeting of June 24, 2019 be adopted as presented addition of the delegations of: Charlene and Adam Stephenson Rob Whitehead Daniel Moriarity, Urban Planner, IBI Group Carried 4 Declarations of Interest There were no disclosures of interest stated at this meeting. 5 Announcements Members of Committee announced upcoming community events and matters of community interest. 6 Adoption of Minutes of Previous Meeting Resolution #PD-100-19 Moved by Councillor Hooper, seconded by Mayor Foster That the minutes of the regular meeting of the Planning and Development Committee, held on June 3, 2019, be approved. Carried 7 Public Meetings There were no Public Meetings. Page 32 Planning and Development Committee Minutes June 24, 2019 - 3 - 11.1 Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, were present regarding Agricultural Land Uses and Environmental Protection. They made a verbal presentation to accompany an electronic presentation. Ms. Burke explained that they will be providing information on the ZONE Clarington initiative and more specifically discussing the draft zoning by-law released in November 2018 as it relates to agricultural land uses and environmental protection. Ms. Webster advised the Committee that the Planning Act sets out the ground rules for land use planning in Ontario. She stated that the Provincial Policy Statement (PPS) contains policy direction on matters of Provincial interest and includes strong policy direction to protect the Province’s environmental features and agricultural resources, and to direct development away from natural hazards. Ms. Webster outlined the definition of Environmental Features and explained that the PPS does not permit development within environmental features. She stated that the policies of the PPS are reinforced through Provincial plans that are applied to Clarington’s rural areas. Ms. Webster advised the Committee that the Clarington Official Plan was updated in 2017 and included an update to the natural heritage system comprising of environmental features to be consistent with the PPS, the “Greenbelt Plan”, the “Region of Durham Official Plan” policies, and the work of the Conservation Authorities. Ms. Burke stated that environmental protection area designation in the Official Plan protects wetlands, fish habitat and riparian corridors, valleylands, significant woodlands, areas of natural and scientific interest (ANSIs), beach bluffs, and floodplains. She explained the reasons why environmental features must be protected and a brief history of how the Municipality of Clarington has been protecting environmental features. Ms. Webster advised the Committee that the EP zone in Zoning By-law 84-63 only covers what had been identified as flood plain when it was created 35 years ago, that mapping capabilities have improved greatly, and there has been increasing recognition in the importance of protecting our Environmental Features. She noted that the proposed draft zoning by-law permits the continuation of farm uses on lands that are currently under production within the proposed EP zone. Ms Webster explained that restrictions are only applied to new buildings and structures and if a use does exist in the EP zone and there is a need to expand upon that use that may be accomplished through planning approvals. Ms. Burke and Ms. Webster addressed frequently asked questions and concerns from the public. Ms. Webster clarified that the zoning has not changed and that Zoning By-law 84-63 and Zoning By-law 2005-109 remain in effect. Ms. Burke highlighted the guiding principles for Zone Clarington and provided an overview of the work program. She explained that the first draft zoning by-law was released in November 2018 and that four public open houses were held in addition to meetings with organizations and stakeholder groups and a further open house will be held. Ms. Burke explained that prior to the statutory public meeting prescribed under the Planning Act, two draft zoning by-laws and two rounds of public open house sessions will be held to solicit public input. She concluded by highlighting the next steps and where Zone Clarington information can be found online. Page 33 Planning and Development Committee Minutes June 24, 2019 - 4 - 8 Delegations 8.1 Peter Hoekstra, Regarding Agricultural Land Uses and Environmental Protection Peter Hoekstra advised the Municipal Clerk’s Department, prior to the meeting that he would be unable to attend as a delegation. 8.2 Joe Kay, Regarding Agricultural Land Uses and Environmental Protection Joe Kay was present regarding Agricultural Land Uses and Environmental Protection. Mr. Kay stated that he is concerned with the mapping and that there was a lot of EP lands identified. He mentioned that he would like the Municipality of Clarington to embrace the agricultural community as a friend not a foe. Mr. Kay stated that he would like to find a fair solution to the issue and that he is concerned about his land uses and livelihood. He explained that he was not made aware of the proposal until he read a newspaper article. Mr. Kay stated that there is zero evidence that future buildings and farming are being abused on the proposed land. 8.3 Gord Robinson, Regarding Agricultural Land Uses and Environmental Protection Gord Robinson was present regarding Agricultural Land Uses and Environmental Protection. Mr. Robinson is concerned with how new zoning will impact rural areas and agricultural areas. He would like to know the justifications for the zoning changes and if the direction came from the conservation authority. Mr. Robinson explained that he understands that EP land is important but he concerned that the value of the land will decrease and affect young farmers. He advised the Committee that agricultural is the leading industry in Clarington and now there will be more restrictions. Mr. Robinson explained that he has received numerous calls from concerned residents. He asked that the Municipality of Clarington put the brakes on all the properties that have had their zoning changed and go back and take a look at the Official Plan. 8.4 Brian and Mary-Lynne Layng, Regarding Agricultural Land Uses and Environmental Protection Brian Layng was present regarding Agricultural Land Uses and Environmental Protection. Mr. Layng explained that his land has never been zoned EP. He noted that he has owned the property for over 50 years, and was not made aware of the proposal. Mr. Layng would like to know who is responsible for conducting the environmental study, and who they would work for. He would also like to know if he will he be reimbursed for the costs of any studies that need to be completed in order to obtain approvals. Mr. Layng explained that he has been a real estate agent for 36 years and the value of properties zoned EP will decrease. He stated that when the time comes to make a final decision on the proposal that the Committee turn the proposal down. Page 34 Planning and Development Committee Minutes June 24, 2019 - 5 - 8.5 Esther Sims, Regarding Agricultural Land Uses and Environmental Protection Esther Sims was present regarding Agricultural Land Uses and Environmental Protection. Ms. Sims explained that she is representing herself and two other property owners. She would like the Committee to look at the proposal now before it is passed and make changes. Ms. Sims advised the Committee that she was not made aware of the proposal. She noted the EP changes affect all properties no matter the size. Ms. Sims explained that her land went from zero EP to 100% EP. She would like the Municipality of Clarington to look at the mapping in detail, as a seasonal stream may not be the same environmental feature at different time throughout the season. Ms. Sims stated that there needs to be more notice to residents. 8.6 Steve Chandler, Regarding Agricultural Land Uses and Environmental Protection Steve Chandler was present regarding Agricultural Land Uses and Environmental Protection. Mr. Chandler explained that he owns a 30 acre property that has an A1 zoning which is currently 5% EP but will now be 90% EP. He would like to know the basis of the EP changes. Mr. Chandler noted that that there was no consideration for the homeowner when proposing these EP changes. He stated that there should be impact studies done highlighting the adverse effects on the homeowner. Mr. Chandler explained that the EP designation restricts and limits homeowners with no guarantee for approval of future projects. He asked the Committee to clarify where he can find information on what he can and cannot do on his property. Mr. Chandler noted that the proposal is too restrictive, and will result in financial loses. He requested a site visit to his property to remedy the concerns of the proposed EP land. Recess Resolution #PD-101-19 Moved by Councillor Traill, seconded by Mayor Foster That the Committee recess for 10 minutes. Carried The meeting reconvened at 9:20 PM with Councillor Neal in the Chair. 8.7 Susan Shane, Regarding Agricultural Land Uses and Environmental Protection Susan Shane was present regarding Agricultural Land Uses and Environmental Protection. Ms. Shane explained that she is concerned with the proposed zoning will limit what residents can do on their own properties. She noted that she owns a business on Highway 115 and the changes to the zoning will decrease the value of her property and stifle new endeavours. Ms. Shane explained that many people purchased property as their retirement plans and if the proposal goes through it will diminish their retirement Page 35 Planning and Development Committee Minutes June 24, 2019 - 6 - finances. She advised the Committee that there was a lack of transparency to land owners that would be effected by the proposed changes. Ms. Shane explained that notice of the changes were advertised in the newspaper and online, but a letter was never sent to her property directly. She noted that the current zoning on her property is C4-7 and will become RC 2.3 if the proposal is approved, reducing the options available for development and the value of the property. Ms. Shane explained that everyone who is affected by the changes should have a say. 8.8 Harry Schillings, Regarding Agricultural Land Uses and Environmental Protection Harry Schillings was present regarding Agricultural Land Uses and Environmental Protection. Mr. Schillings explained that he owns property in Clarington and would like clarification about who would pay for the environmental impact study. He noted that in the past when he had an environmental study done he had to pay. Mr. Schillings recalled a previous experience and the process, in regards to mapping and environmental features on his property. He stated that he should have received notice on his tax bill. 8.9 Corinne Turansky, Regarding Agricultural Land Uses and Environmental Protection Corinne Turansky, Hugh Allen and Brad Miller, were present regarding Agricultural Land Uses and Environmental Protection. Ms. Turansky explained that there was a communication shortfall which affected over 6000 residents. Mr. Allen stated that he has a tile drain on his property that carries water when it rains and it is now considered EP. He mentioned that he met with Planning staff regarding a proposal for high density on the boarder and the affects it will have on his livestock operations. Mr. Allen would like to know who is the final authority. Mr. Miller stated that there is a stream on his property that does not exist unless there is heavy rain. He noted that his property will now be designated 90% EP. Mr. Miller would like the Committee to take a drive or ask local residents for a walk through of their properties to better understand their concerns. 8.10 John Albi, Regarding Agricultural Land Uses and Environmental Protection John Albi, was present regarding Agricultural Land Uses and Environmental Protection. Mr. Albi advised the Committee that many of his questions have been answered and understands the process better now. He stated that there was a problem of communication to the resident. Mr. Albi explained that his whole property will now be designated EP and it wasn’t before. He advised the Committee that he has no faith that he will get the answer he wants to the concerns he has with designating his whole property EP. Mr. Albi is concerned about the farmers and their future in Clarington. He noted that the residents have been let down through this whole process. Page 36 Planning and Development Committee Minutes June 24, 2019 - 7 - 8.11 Charlene and Adam Stephenson, Regarding Agricultural Land Uses and Environmental Protection Charlene and Adam Stephenson, were not present. 8.12 Rob Whitehead, Regarding Agricultural Land Uses and Environmental Protection Rob Whitehead, was present regarding Agricultural Land Uses and Environmental Protection. Mr. Whitehead read a letter from 2008 addressed to Clarington Council regarding the zoning of his property. He explained that the EP designation decreases the value of his property and removes the freedom to live on his land. Mr. Whitehead noted that EP land will only benefit the people who get the money. 8.13 Daniel Moriarity, Urban Planner, IBI Group, Regarding Agricultural Land Uses and Environmental Protection Daniel Moriarity, Urban Planner, IBI Group, was present regarding Agricultural Land Uses and Environmental Protection. Mr. Moriarity stated that he represents the owners of 0 Courtice Road and 1766 Baseline Road. He expressed support in the Municipality of Clarington’s position in requesting that the lands of 0 Courtice Road be brought into the urban boundary through Envision Durham. Mr. Moriarity requested that staff and the Committee consider the impact of the expanded EP lands. He mentioned that Communication Item 10.2 of this meeting, highlights discrepancies within the proposed EP designation. Mr. Moriarity requested that an additional provision be added stating that, “should lands be brought into the urban boundary following the adoption and enactment of the comprehensive zoning by-law, that the required buffer limits for an environmental feature be transitioned from the rural requirement of 30 metres to 15 metres. Suspend the Rules Resolution #PD-102-19 Moved by Mayor Foster, seconded by Councillor Anderson That the Rules of Procedure be suspended; and That Steve Shine be added as a delegation regarding, Agricultural Land Uses and Environmental Protection. Carried Page 37 Planning and Development Committee Minutes June 24, 2019 - 8 - 8.14 Steve Shine, Regarding Agricultural Land Uses and Environmental Protection Steve Shine was present regarding Agricultural Land Uses and Environmental Protection. Mr. Shine stated that he owns 140 acres in Clarington and it will be affected by the proposed changes to EP lands. He explained that there are many more people in attendance in other rooms, and it takes away from their ability to make an impact on these meetings. Mr. Shine noted that he found out about the proposal from a local resident through the newspaper and he stated that notice in that manner should not continue. He stated that currently 15 acres of his property is EP but will be expanded to 97%. Mr. Shine advised the Committee the value of his property will be affected. He noted that the planning staff talk in good faith but there is no assurance for permit approvals in the future. Mr. Shine would like to know why the Municipality of Clarington is rezoning. He stated that he believes a lot of the mapping has come from the Central Lake Ontario Conservation Authority. Resolution #PD-103-19 Moved by Councillor Zwart, seconded by Councillor Jones That, as part of the Zone Clarington exercise, Staff be directed to report back on a process whereby Official Plan amendments made to correct errors in Environmental Protection designations in Clarington’s Official Plan be made at no cost to the property owner. Carried Councillor Neal left the Chair. Mayor Foster chaired this portion of the meeting. Resolution #PD-104-19 Moved by Councillor Traill, seconded by Councillor Jones Whereas the Municipality of Clarington adopted a new comprehensive Official Plan which came into effect in 2018; Whereas in November, 2018 Clarington released the first draft of the new zoning by-law to consolidate the existing Zoning By-law 84-63 and Zoning By-law 2005-109 and such review process has been assigned the name Zone Clarington; Whereas the new draft zoning by-law included updated general provisions and definitions that apply to all of Clarington, and zone categories and mapping for Clarington’s rural areas; Whereas residents are concerned because the new draft zoning by-law does not delete the restrictions on agriculture uses within the Natural Core and Natural Link Areas of the Oak Ridges Moraine, as defined within the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan; Page 38 Planning and Development Committee Minutes June 24, 2019 - 9 - Whereas the new draft zoning By-Law may also contain an arbitrary additional buffer of approximately thirty metres for all proposed re-designations to Environmental Protection; Whereas Clarington residents affected by the proposed zoning changes, and particularly those landowners whose properties or portions thereof with be adversely affected; Whereas residents of Clarington detrimentally affected by the proposed changes have not received adequate notice in order to provide cogent input into the proposed re- designations; Whereas, the Zone Clarington project team has now moved into the third phase of the project that will determine the zone categories and mapping for the urban areas of Courtice, Bowmanville, and Newcastle; Whereas, until a new Clarington Zoning By-law is approved by Council, the existing zoning by-laws will remain in full force and effect; Whereas, Members of Council and the Zone Clarington Team are guided by the following principles: To implement the Official Plan, helping Clarington to develop and thrive To modernize and improve usability of the Zoning By-law To respect our unique mix of urban and rural communities Whereas, Members of Council and the Zone Clarington Team are committed to ensuring they are accountable to the public for their actions as required by Clarington Corporate Policy # F011 Transparency and Accountability; Whereas, Policy F011 has two guiding principles: Accountability the Municipality of Clarington is responsible to its stakeholders for decisions made and policies implemented, as well as its actions or inactions. Transparency the Municipality of Clarington actively encourages and fosters stakeholder participation, clarity and openness in the decision making processes; Whereas, many Clarington property owners claim the notifications made to individual taxpayers did not mention that approximately 50% of Clarington lands would be designated to Environmental Protection (EP) in the Official Plan; Whereas, the geographic area of Clarington totals 151,000 acres, and the Municipality has geographic area which is greater than the combined total geographic areas of the Municipalities of Pickering (57,229 acres), Ajax (16,576 acres), Whitby (36,211 acres) and Oshawa (36,000 acres); Whereas, currently 37,140 acres of Clarington lands are zoned Environmental Protection (EP), representing 25% of Clarington’s 151,000 acres; Page 39 Planning and Development Committee Minutes June 24, 2019 - 10 - Whereas the Zone Clarington Draft Zoning By-law for the rural portion of the Municipality of Clarington proposes to increase by 90% these EP lands by adding another 33,600 acres of land (another 22% of Clarington’s 151,000 acres) to these existing Environmental Protection lands; Whereas, this phase of the Draft Zoning By-law process the Zone Clarington Team will expand the EP lands in these urban areas by applying the same criteria and principles used to expand EP lands in the rural areas of Clarington, with a net result of approximately 50% of Clarington lands will be rezoned EP; Whereas, the Commissioner of Planning and Economic Development for the Regional Municipality of Durham, as the approval authority, made a decision on June 19, 2017 to approve Amendment No. 107 to the Municipality of Clarington Official Plan as adopted by Council of the Municipality of Clarington on November 1, 2016, subject to modifications and deferrals under Subsection 17(34) of the Planning Act, R.S.O., c.P.13, as amended; Whereas, the last date to file a Notice of Appeal was July 10, 2017, therefore the Clarington Official Plan has been approved; Whereas, the Ontario Municipal Act -Section 9 – Powers of Natural Person states: “A municipality has the capacity, rights, powers and privileges of a natural person for the purposes of exercising its authority under this or any other Act; Whereas, many Clarington property owners claim the notices given to property owners by the Municipality of Clarington were not consistent with the notification process required by the Municipality of Clarington as specified on the Clarington website which explains the steps involved with the rezoning application process; Whereas, excerpts from the “Rezoning Application” section of the Municipality of Clarington website states: rezoning application is a request to change current Zoning By-law provisions as they apply to your property. Before submitting an application, the property owner /applicant must consult with staff and agencies in accordance with the Municipality’s pre-consultation procedure. You will be given information on how to post a sign on the property advertising the rezoning application and the date of the scheduled Public Meeting. The Municipality will mail notice of your proposal to all property owners within 120 metres (400 feet) of the property boundaries. The Planning and Development Committee will hold a Public Meeting in the Council Chambers at the Municipal Administrative Centre at 40 Temperance Street in Bowmanville. This is the opportunity for anyone who wants to speak in support of, or in opposition of the application to voice an opinion; Whereas, many Clarington property owners have expressed concerns these rezoning changes will cause them lasting irrevocable detrimental financial damage on their Page 40 Planning and Development Committee Minutes June 24, 2019 - 11 - families, and will restrict and reduce the enjoyment of current and future uses of their property; Whereas, many Clarington property owners have expressed this EP issue is not just a “farming” issue and they have expressed concerns to Clarington Staff and to Members of Council these rezoning changes will: reduce the fair market value of their property, reduce or restrict qualifying for mortgage financing and personal lines of credit, erase, erode and impede the growth of equity in their property, reduce the marketability of their property to future buyers, create for them great personal financial hardship in their retirement years; and Negatively impact the future sale of their property; Whereas, notwithstanding the Draft Zoning By-law permits “farming” in an EP designated area, many Clarington property owners in the farming community are concerned Conservation Authorities may dictate to the farming community “how to farm” by introducing restrictive farming policies or ban certain farming practices within EP zoned lands and the EP Buffer Zoned lands; Whereas, many Clarington residents have expressed that unbeknownst to them, their lands are now deemed to be within a regulated EP area, and any further development now requires a Conservation Authority permit. This permitting requirement is often discovered when the landowner approaches the municipality for a building permit under the Building Code. What they discover is that the requirements for a building permit under the Building Code are generally clear, however it is often very difficult, expensive and time-consuming to determine what the requirements are for a Conservation Authority permit and whether those requirements can be met by the property owner; Whereas, the Ontario Municipal Act – states: “Section 2. PURPOSES: Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act for the purposes of providing good government with respect to those matters.” Whereas, the Ontario Municipal Act – Role of Council states: ``Section 224. It is the role of council, a. To represent the public and to consider the well-being and interests of the municipality; b. To develop and evaluate the policies and programs of the municipality; c. To determine which services the municipality provides; d. To ensure that administrative policies, practices and procedures and controllership policies practices and procedures are in place to implement the decisions of council; e. To ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; f. To maintain the financial integrity of the municipality; and Page 41 Planning and Development Committee Minutes June 24, 2019 - 12 - g. To carry out the duties of council under this or any other Act; Whereas, the Ontario Municipal Act – Section 227 Municipal Administration states “It is the role of the officers and employees of the municipality, a) To implement council`s decisions and establish administrative practices and procedures to carry out council`s decisions; B) To undertake necessary research and provide advice to council on the policies and programs of the municipality; and C) to carry out duties required under this or any Act and other duties assigned by the municipality; Whereas, the Ontario Municipal Act Section 270 (1) states: “A municipality shall adopt and maintain policies with respect to the following matters: 5. The manner in which the municipality will try to ensure it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public”; Whereas, Municipality of Clarington Corporate Policy # F011 Transparency and Accountability is a reflection of the municipality fulfilling the requirement by the Province of Ontario as stated in Section 270 of the Ontario Municipal Act; Whereas, Clarington Municipal Staff have been cooperative and helpful in explaining the Zone Clarington process and answering questions as best they can. However neither Members of Council nor Municipal Staff have been able to answer the following questions; And Whereas the Municipality of Clarington is committed to protecting and promoting the rights of all residents across the Municipality and the ability of landowners to plan for their futures and future generations; Now therefore be it resolved: 1. That the Staff Presentation on Agricultural Land Uses and Environmental Protection be received; 2. That Clarington Staff report back on whether the proposed zoning by-law is ultra vires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to "agricultural uses" within Natural Core and Natural Link Areas of the Oak Ridges Moraine; 3. That Clarington Staff report back on whether an additional thirty-metre setback, or any setback, was added to all properties proposed to be re-zoned to Environmental Protection and if so, what justification Staff have for such an expansion of the zoning; 4. That Clarington Staff, the Ganaraska Conservation Authority and the Central Lake Ontario Conservation Authorities visit every property affected by the proposed zoning changes where the existing zoning is being re-zoned to Environmental Page 42 Planning and Development Committee Minutes June 24, 2019 - 13 - Protection and to provide a written explanation for each proposed change based on the topography, natural heritage features, mapping etc. of the property; 5. That every landowner affected by the Zoning By-Law Amendment be notified of the proposed change in zoning and be invited to provide input, either through a representative or personally, regarding the proposed re-designation; 6. That Clarington defer ratification of any proposed Zoning By-Law Amendment until such time as Council can review the written justifications for each proposed re-designation and the input of each affected landowner; 7. That Staff explore funding options for compensation to landowners adversely affected by a new Zoning By-Law; 8. That after Staff have had an opportunity to provide planning justifications for all proposed zoning re-designations to Environmental Protection, the Municipal Solicitor report to Council with a report outlining legal ramifications of not conforming with the Official Plan with respect to the re-zoning of properties to Environmental Protection which do not have sound planning rationale or which do not have justification to the satisfaction of members of Council; and 9. That all interested parties and any delegations be advised of Council’s decision. Motion Divided - Paragraphs 1, 2, 3, 4, 5, and 9 carried as amended and Paragraphs 6, 7 and 8 carried as amended Later in the meeting (See following motions) Resolution #PD-105-19 Moved by Councillor Neal, seconded by Councillor Hooper That the foregoing Resolution #PD-104-19, be divided to vote on the recitals separately from the main motion. Carried Resolution #PD-106-19 Moved by Councillor Neal, seconded by Councillor Anderson That the foregoing Resolution #PD-104-19, be divided to vote on Paragraphs 1, 2, 3, 4, 5, and 9 separately from Paragraphs 6, 7 and 8. Carried Page 43 Planning and Development Committee Minutes June 24, 2019 - 14 - Resolution #PD-107-19 Moved by Councillor Traill, seconded by Councillor Neal That Paragraphs 1, 2, 3, 4, 5, and 9 of the foregoing Resolution #PD-105-19, as follows be approved: 1. That the Staff Presentation on Agricultural Land Uses and Environmental Protection be received; 2. That Clarington Staff report back on whether the proposed zoning by-law is ultra vires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to "agricultural uses" within Natural Core and Natural Link Areas of the Oak Ridges Moraine; 3. That Clarington Staff report back on whether an additional thirty-metre setback, or any setback, was added to all properties proposed to be re- zoned to Environmental Protection and if so, what justification Staff have for such an expansion of the zoning; 4. That Clarington Staff, the Ganaraska Conservation Authority and the Central Lake Ontario Conservation Authorities visit every property affected by the proposed zoning changes where the existing zoning is being re- zoned to Environmental Protection and to provide a written explanation for each proposed change based on the topography, natural heritage features, mapping etc. of the property; 5. That every landowner affected by the Zoning By-Law Amendment be notified of the proposed change in zoning and be invited to provide input, either through a representative or personally, regarding the proposed re- designation; 9. That all interested parties and any delegations be advised of Council’s decision. Carried as Amended Later in the Meeting (See following motions) Page 44 Planning and Development Committee Minutes June 24, 2019 - 15 - Resolution #PD-108-19 Moved by Councillor Neal, seconded by Councillor Traill That the third paragraph of the foregoing Resolution #PD-107-19 be reworded as follows: 3. That Clarington Staff report back, in general, on whether setbacks were added to properties proposed to be re-zoned to Environmental Protection and if so, what justification Staff have for such expansion of the setbacks; Carried Suspend the Rules Resolution #PD-109-19 Moved by Councillor Hooper, seconded by Councillor Traill That the Rules of Procedure be suspended to allow the meeting to be extended for an additional 30 minutes to 11:30 PM. Carried Resolution #PD-110-19 Moved by Councillor Neal, seconded by Councillor Traill That the fourth paragraph of the foregoing Resolution #PD-107-19 be reworded as follows: 4. That Clarington Staff afford any owners of a property affected by the proposed zoning changes the opportunity to have their properties inspected to verify any Environmental Protection features; Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Page 45 Planning and Development Committee Minutes June 24, 2019 - 16 - Resolution #PD-111-19 Moved by Councillor Neal, seconded by Councillor Traill That the fifth paragraph of the foregoing Resolution #PD-107-19 be reworded as follows: 5. That every landowner materially affected by the Zoning By-Law Amendment be notified of the proposed change in zoning in writing where there is an expansion of EP lands, and be invited to provide input, either through a representative or personally, regarding the proposed re- designation; Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X The foregoing Resolution #PD-107-19 was then put to a vote and carried as amended. Councillor Traill withdrew paragraph seven from the Foregoing Resolution #PD-104-19. The Committee then considered Paragraph 6 of Resolution #PD-104-19, with the following new wording. Resolution #PD-112-19 Moved by Councillor Traill, seconded by Councillor Neal That Clarington defer ratification of any proposed Zoning By-Law Amendment until such time as Council can review the written justifications for each proposed re-designation and the input of each affected landowner. Motion Lost on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Page 46 Planning and Development Committee Minutes June 24, 2019 - 17 - The Committee then considered Paragraph 8 of Resolution #PD-104-19, with the following new wording. Resolution #PD-113-19 Moved by Councillor Traill, seconded by Councillor Neal That the Municipal Solicitor report to Council with a report outlining legal ramifications of not conforming with the Official Plan with respect to the re-zoning of properties to Environmental Protection which do not have sound planning rationale or which do not have justification to the satisfaction of members of Council. Motion withdrawn (See following motion) Resolution #PD-114-19 Moved by Councillor Traill, seconded by Councillor Anderson That the Municipal Solicitor report to Council with a report outlining legal ramifications of not conforming with the Official Plan. Carried later in the meeting Suspend the Rules Resolution #PD-115-19 Moved by Councillor Anderson, seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting until 11:45 PM. Carried The foregoing Resolution #PD-114-19 was then put a vote and carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Page 47 Planning and Development Committee Minutes June 24, 2019 - 18 - The Committee then considered the recitals of Resolution #PD-104-19. Resolution #PD-116-19 Moved by Councillor Neal, seconded by Councillor Anderson That the all of the recitals in Resolution #PD-104-19 be struck. Carried Carried on the following recorded vote: Council Member Yes No Declaration of Interest Absent Councillor Neal X Councillor Traill X Councillor Zwart X Councillor Anderson X Councillor Hooper X Councillor Jones X Mayor Foster X Councillor Neal returned to the Chair. 9 Communications - Receive for Information There were no Communications for Information. 10 Communications – Direction 10.1 Matthew Stephenson, Regarding Agricultural Land Uses and Environmental Protection Resolution #PD-117-19 Moved by Mayor Foster, seconded by Councillor Hooper That Communication Item 10.1, from Matthew Stephenson, Regarding Agricultural Land Uses and Environmental Protection, be referred to staff. Carried Page 48 Planning and Development Committee Minutes June 24, 2019 - 19 - 10.2 Amy Emm, Senior Urban Planner, IBI Group, Regarding Clarington's Draft Comprehensive Zoning By-Law - 0 Courtice Road, Courtice, ON Resolution #PD-118-19 Moved by Councillor Jones, seconded by Mayor Foster That the Communication Item 10.2, from Amy Emm, Senior Urban Planner, IBI Group, Regarding Clarington's Draft Comprehensive Zoning By-Law - 0 Courtice Road, Courtice, ON, be referred to staff. Carried 11 Presentation(s) 11.1 Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection The Presentation from Tracey Webster and Amy Burke, Joint Project Managers - Zone Clarington, regarding Agricultural Land Uses and Environmental Protection was considered earlier in the meeting. 12 Planning Services Department Reports 12.1 PSD-030-19 Recommendation to Add Two (2) Properties to the Municipal Heritage Register 12.2 PSD-031-19 Proposed Alterations to Designated Heritage Property: 110 Wellington Street, Bowmanville Resolution #PD-119-19 Moved by Mayor Foster, seconded by Councillor Traill That Reports PSD-030-19 and PSD-031-19, be approved on consent. PSD-030-19 Recommendation to Add Two (2) Properties to the Municipal Heritage Register That Report PSD-030-19 be received; That 98 Church Street, Bowmanville be added to the Municipal Register; That 816 Regional Road 17, Newcastle be added to the Municipal Register, and That all interested parties listed in Report PSD-030-19 and any delegations be advised of Council's decision. Page 49 Planning and Development Committee Minutes June 24, 2019 - 20 - PSD-031-19 Proposed Alterations to Designated Heritage Property: 110 Wellington Street, Bowmanville That Report PSD-031-19 be received; That permission be granted to repair and/or replace the front steps on the dwelling at 110 Wellington Street, Bowmanville, provided the replacement steps are curved as existing, and in accordance with the applicable Designation By-law 95-029, and Section 33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and That the Ontario Heritage Trust, the Clarington Heritage Committee, the property owners, and all interested parties listed in Report PSD-031-19 be advised of Council's decision. Carried 13 New Business – Consideration There were no New Business Items to be considered under this Section of the Agenda. 14 Unfinished Business 15 Confidential Reports There were no Confidential Reports scheduled under this Section of the Agenda. 16 Adjournment Resolution #PD-120-19 Moved by Councillor Traill, seconded by Councillor Anderson That the meeting adjourn at 11:44 PM. Carried ________________________ ________________________ Chair Deputy Clerk Page 50 Revised Notice of Public Meeting A land use change has been proposed, have your say! The Municipality is seeking public comments before making a decision on an application to amend the Clarington Official Plan and Zoning By-law 2005-109. Proposal Werrcroft Farms Ltd. proposes to amend the Official Plan and Zoning By-law 2005-109 to facilitate a surplus farm dwelling severance at 8800 Middle Road in Darlington. The Official Plan amendment will permit the farm parcel to be less than 40 hectares. The Zoning By-law amendment will prohibit residential dwellings on the retained parcel. The application submission has been deemed complete. Property Address: 8800 Middle Road, Darlington The property is located on the northeast corner of Regional Road 20 and Middle Road. How to be Informed The proposed Official Plan and Zoning By-law amendments together with any additional information are available for review at the Planning Services Department. Questions? Please contact Isabel Lima at 905-623-3379, extension 2428, or by email at ILima@clarington.net How to Provide Comments Speak at the Public Meeting: Date: Monday, September 9, 2019 Time: 9:30 am Place: 40 Temperance Street, Bowmanville, ON L1C 3A6 Council Chambers, Municipal Administrative Centre Or write to the Planning Services Department to the attention of Isabel Lima. File Numbers: COPA2019-0001 ZBA2019-0011 Page 51 Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Appeal Requirements If you do not speak at the public meeting or send your comments or concerns to the Municipality of Clarington before the by-law is passed: a) you will not be entitled to appeal the decision to the Local Planning Appeal Tribunal; and b) you will not be able to participate at a hearing of an appeal before the Local Planning Appeal Tribunal, unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Faye Langmaid FCSLA, RPP Acting Director, Planning Services Department I:\^Department\Application Files\COPA-Official Plan Amendment\2019\COPA2019-0001 8800 Middle Road\Public Notice\NOT_Revised Public Meeting Notice_8800 Middle_08'15'2019.docx Page 52 Newcastle BIA MINUTES April 11, 2019 www.villageofnewcastle.ca Attendance: Marni Lewis, Janeen Calder, Helen Vatandoust, Leslie Ray, Jane Black, Theresa Vanhaverbeke, Donna Wood, Lena Schmahl, Joanna Bastas, Tracy Yates Regrets: Greg Lewis, Ann Harley, Valentine Lovekin, Karen Bastas, Granville Anderson Attendance taken. 1.Meeting called to order at 9:00 a.m. Chaired by Theresa 2.Approval of March Minutes: Motion to accept: Jane Black Seconded: Janeen Calder 4. Business Arising from Minutes: Marg Zwart looked into the lack of building permit and the deficient fencing at Busters. The following is the staff’s response: I have had one of my inspectors visit the site and we will be following up with the owner to have the fence removed where it is not required and reinstate where it is required when they resume construction. We will also get them to post the permit. Brent 5. Council Report - n/a 6. President’s Report: n/a 7. Treasurer’s Report: Our current bank balance is $31,800.00. Leslie will be following up with the Municipality for the $10,000 buffer we requested. 8. Committee Reports: Safety & Decor: The flowers have been ordered for the baskets. Advertising: The website is getting 2300 page views, top searches are for the Town hall, the business directory and the events calendar. Facebook has 1400 likes, and 4200 post reach. Top posts were Massey House pizza night, Buddha Belly vegan cheese, The Snug on St. Paddy’s day, Kim Alldread, Pedi and Nail. Page 53 A local business not located in the BIA territory has inquired about membership. They cannot be a BIA member but can join the Chamber of Commerce. Donna will put together a price guide for non-BIA members to advertise on the www.villageofnewcastle.ca website. Special Events: Tracy Yates is going to prepare an events letter for the BIA businesses to see what and when the events will be held this year and to let them know that the event committees will be approaching them for a donation at different times of the year. Theresa is going to follow up with Granville Anderson regarding the Municipal grants and sponsorships available to the BIA. a)Town Hall Lighting - The committee is looking at a new company that installs commercial Christmas lights. b) Breakfast with Santa- Hall is booked for November 30th. c) Santa Parade - They are having a meeting at the end of April. They always welcome new people that are interested in getting involved. d) Easter Scavenger Hunt - Please make sure your questions are sent in to the Gift of Art if you are planning on participating. e) Harvest Festival - The theme this year will be a Country Fair feel. New this year will be goat yoga. They have a country musician lined. f) Canada Day - The Gift of Art and RONA are organizing this event. They have received a $5000 grant from Heritage Canada. 9. CBOT: AGM is Thursday, April 25. 10. Chamber News: The new directory will be out in May. Their Annual Home Show is May 26 at the Newcastle Arena. 11. CIP: Their next meeting is April 18th 12. New Business: Page 54 n/a 13. Next meeting, Thursday, May 9, 2019 at 9am. 14. Motion to adjourn meeting by Janeen Calder, seconded by Helen Vatandoust Page 55 Newcastle BIA MINUTES May 9, 2019 www.villageofnewcastle.ca Attendance: Marni Lewis, Janeen Calder, Helen Vatandoust, Jane Black, Theresa Vanhaverbeke, Joanna Bastas, Tracy Yates, Councillor Marg Zwart Regrets: Sheila Hall (CBOT), Greg Lewis, Granville Anderson, Donna Wood, Leslie Ray Attendance taken. 1.Meeting called to order at 9:00 a.m. Chaired by Theresa 2.Approval of April Minutes: Motion to accept: Joanna Bastas Seconded: Janeen Calder 4. Business Arising from Minutes: n/a 5. Council Report: Marg is trying to coordinate with Granville about timing of meetings and attendance. A Public meeting is being held on Monday April 15, in Bowmanville regarding Townhouses being built on Alldread Cres. in the Gracefield subdivision. 6. President’s Report: n/a 7. Treasurer’s Report: The Municipality suggested we consider getting a bridge loan in reply to our request for the $10,000 west end money buffer. 8. Committee Reports: Safety & Decor: Banners will be going up mid-May. Advertising: Page likes are now 1432, We’ve had 4,513 post engagements in April. Top 5 posts: New dollar store in town had 1.5K views and 275 post engagements. Greek Night at Massey House had 2.5K views and 143 post engagements. Easter Scavenger Hunt had 847 views and 37 post engagements. Town of Clarington post Page 56 about the Bowmanville expansion project had 2.1K views with 218 post engagements. Scavengers Hunt winners had 1.1K views and 151 post engagements. Special Events: Town Hall Lighting - Janeen is getting a quote from a light hanging company, and will provide it at the next meeting. b) Breakfast with Santa- Hall is booked for November 30th. Marni will get in touch with entertainment and Santa. c) Santa Parade - They have had their first meeting. They are working on permits. Planning has started for the Christmas Tree raffle fundraiser. d) Easter Scavenger Hunt - Buddha Belly had over 100 kids in their business, they felt it was successful for a new business. e) Harvest Festival - Scheduled for October 5, 2019. f) Canada Day - July 1, 2019, behind the library, watch for posters, advertising around town 9. CBOT: Lots of events coming up, check their website for event details. 10. Chamber News: Their Annual Home Show is May 26 at the Newcastle Arena. 97 booths are booked 11. CIP: The 4 communities received a grant from OMAFRA for $110,000. The money will go towards sculptures in Newcastle. The committee is always looking for new members if you are interested in getting involved. 12. New Business: n/a 13. Next meeting, Thursday, May 9, 2019 at 9am. 14. Motion to adjourn meeting by Helen Vatandoust, seconded by Tracy Yates Page 57 Newcastle BIA MINUTES June 13, 2019 www.villageofnewcastle.ca Attendance: Marni Lewis, Janeen Calder, Helen Vatandoust, Jane Black, Councillor Marg Zwart, Councillor Granville Anderson, Leslie Ray, John Thistle, Ann Harley, Karen Bastas, Donna Wood, Ken Easey (new BIA member from Gold Reflections), Lina Schmahl Regrets: Sheila Hall (CBOT), Greg Lewis, Theresa Vanhaverbeke Attendance taken. 1.Meeting called to order at 9:00 a.m. Chaired by Karen 2.Approval of May Minutes: In the Council report please amend Alldread Cres. to read Donald Powell Cres. Motion to accept: Helen Vatandoust Seconded: Ann Harley 4. Business Arising from Minutes: n/a 5. Council Report: Theresa spoke to Granville about different Municipal grants available to the BIA, he directed her to speak to Ron Hooper from Bowmanville BIA. We asked Granville to provide an update on what’s happening in Newcastle at future BIA meetings. Marg updated us that the townhouses on Donald Powell Cres. will now be available for purchase, and not rentals. What’s happening at Busters? There is no dumpster available for tenants garbage, and there have been lots of rats and garbage issues going on since they gutted the building. Shouldn’t the landlord have to supply something? Is this a Municipality issues? Granville will look into this. What’s going on with the old fire station? The BIA is going to send a letter to the Municipality supporting the GO bus route be changed to travel along Brookhouse to Edward Street. With the new Brookhouse condos at the east end, many seniors would benefit with a closer stop to the GO bus. 6. President’s Report: n/a 7. Treasurer’s Report: Current bank balance is $36,500 . The Harvest Festival money is starting to come in. Page 58 8. Committee Reports: Safety & Decor: n/a Advertising: We are getting 2700 views on the website. Top searches are the Gift of Art, Town Hall and events. Facebook has 1451 likes, and reached 1600 Top 5 posts: Vatandoust Open House post reached 604, Farmers Market post, reached 2300, Mothers day post, reached 945, Refinery Salon and Barber-new barber post reached 700, Da Taste-Curry chicken special reached 790. Special Events: a) Town Hall Lighting - They are waiting for a quote from a new light company, but not getting any response. They will contact the company that hung the lights last year for a quote. b) Breakfast with Santa- Hall is booked for November 30th. Santa is booked. More details at the next meeting. c) Santa Parade - They need 2-3 new people to join their parade committee. John Thistle volunteered to help. The theme this year is “Christmas Lights”. e) Harvest Festival - Scheduled for October 5, 2019. There was a discussion about the $1400 cost to hang the banner and the event budget of $2000. The committee will have to decide if there is money to hang it. They may just advertise and promote the event through social media, posters. f) Canada Day - July 1, 2019- The event planning is going well, they have a great committee working hard. Posters are around town with the details. This is a free event for the community. 9. CBOT: Lots of events coming up, check their website for event details. 10. Chamber News: Page 59 They had a successful Home Show. The new Directories are out. They are having a networking event June 19 at BOAA. 11. CIP: n/a 12. New Business: The Gift of Art’s 12th Annual Artist ad Artisans Show and Sale is July 13-14, 2019 at the Newcastle Memorial Arena. At the July meeting we will discuss ideas to use the West End money. 13. Next meeting, Thursday, July 11, 2019 at 9am. 14. Motion to adjourn meeting by Helen Vatandoust, seconded by Janeen Calder Page 60 Newcastle BIA MINUTES August 8, 2019 www.villageofnewcastle.ca Attendance: Marni Lewis, Janeen Calder, Councillor Marg Zwart, Leslie Ray, Donna Wood, Ken Easey, Lina Schmahl, Theresa Vanhaverbeke, Jane Black, Karen Bastas, Adam Jeronimo (CBOT) Regrets: Helen Vatandoust, Tracy Yates, Greg Lewis, Ann Harley,Granville Anderson, Debbie Miller Attendance taken. 1.Meeting called to order at 9:00 a.m. 2.Approval of July Minutes: Jane Black Seconded by: Leslie Ray 4. Business Arising from Minutes: n/a 5. Council Report: Marg is going to look into the MOC cleaning around the flower boxes at the Beaver/King St. E. corner. As well, inquire about the state of the old firehall and if it can be cleaned up? It looks like garbage bins have been placed at the back of Busters for tenants to dispose of their garbage, and fix the rats problem. 6. President’s Report: n/a 7. Treasurer’s Report: Current bank balance is $34,476 . $5000 Canada Day grant money is still in there. 8. Committee Reports: Safety & Decor: n/a Advertising: Facebook likes are up to 1499, posts are reaching 5300. Top posts are: Art Show, Buddha Belly/Mt. Everest post, Sticks & Tones, Shop downtown Newcastle, Ice Cream truck - First customers. Page 61 Website stats- 660 people have looked at the events page, Lovekin Law, Business Directory, LCBO, Harvest Festival, Town Hall. Special Events: The Hall rental contract has come up with the Hall Board. They require separate contracts for every event (even if 2 community groups are using the hall in the same day/evening ). Theresa moved that the BIA, when renting the Hall is strictly for their own event for liability purposes. Seconded by Karen Bastas. a) Town Hall Lighting - The horse and buggy have been booked. The lights are going to be installed before Halloween at a reduced rate. b) Breakfast with Santa- Hall is booked for November 30th. Santa is booked. Entertainment is booked. Plans are coming along c) Santa Parade - they have 4 new committee members, November 17th, 5:30pm start with fireworks, please share the Facebook page to help spread the word. e) Harvest Festival - Scheduled for October 5, 2019. If the Harvest Festival comes out with a positive balance after the event, they will motion to use those funds for the 2020 event. The committee is looking at getting new bag signs to go up the week before. They have the funds in their budget. They are going to reach out to the Firefighters, Algoma, Pine-Ridge Rent-All to help hang the banners across the street poles. f) Canada Day - A full report will be submitted at the September meeting. Next year the Gift of Art will hold this event on their own and apply for the Grant through their non-profit. 9. CBOT: They are working with the listing agent for the old Busters building and continue to follow up if they can help in any way. The old LCBO has a conditional offer on it right now. The Mayor’s address is September 19th at the Newcastle Town Hall. August 19-25 is Clarington Food Week, promoting local foods, restaurants and farmers 10. Chamber News: Page 62 Next meeting is in September. They are looking into a Hospice fundraiser in the Fall, stay tuned for details. 11. CIP: n/a 12. New Business: Ken from Gold Reflections is looking into a new event for 2020, he will follow up with this in September. As of December this year, Karen Bastas will be stepping down as Vice-Chair of the BIA. After 20 years of hard work and dedication to Newcastle, we are so grateful for all that she has done. 13. Next meeting, Thursday, September 12, 2019 at 9am. 14. Motion to adjourn meeting by Leslie ray seconded by Theresa Vanhaverbeke Page 63 Solina Community Centre Board Meeting - June 20, 2019 - 7 PM Members Present - Councillor Jones, Karen Dair, Ron & Bev Whitbread, Herb Tink and Jenny Bowman Regrets - Councillor Neal Minutes - Ron Whitbread made the motion to approve the minutes as read via email Seconded by Bev Whitbread. Carried Treasurers Report - Herb Tink reported that we had a current balance of $46,027.15. We had also received the Town Community Grant for $2999.00. Old Business The answering machine at the Hall will be updated to include the booking co-ordinators - Ron and Bev’s telephone number. At the last meeting we had discussed the need for on line banking that would allow clients to do e-transfers and Herb to pay bills on line and also have a card to pay for purchases on site. Jenny and Karen met with Jack Lu at the RBC in Oshawa to get the details and it was decided this was going to be much easier for our clients and Herb. Herb, Jenny and Karen will meet with Jack and set up online banking on our RBC Business account. Jenny will contact Jack and make the appointment. Stripping and waxing of the kitchen, bathrooms and foyer tile floors . Herb will make an appointment to have this done after the installation of the new dishwasher. The carpets in the lower hall have to be cleaned so Herb will rent the cleaner and the members of the Board will go down Monday ( June 24) and help move chairs and tables to facilitate the cleaning. Harmony Hills - they decided not to use our facility as an emergency site. Durham Farm Connection catering - Karen gave a brief report on this catering. It was a success and not too much work. We served approximately 80 people chili, garlic bread and homemade pie. There were a few who came late and pie /coffee was available for them. We charged $15 per person and made $660 plus the rental - $225 for a total of $885. Solina Night - Jenny reported that the Solina Night brought back 50 -60 folks who had lived in Solina. There were lots of memories exchanged and a video was playing all night with old pictures and newspaper clippings that had been identified . These included Bakers School, Solina School, Bradley’s School, Eldad United Church, 4H, Solina Community Hall, WI and local pictures of interest. We did not get the newer residents of Solina which had been our goal but it did help gather and compile a good history of the village. We received $325 in donations. Community Hall Info Meeting - Jenny presented a short version of the Community Halls Meeting that Fred Horvath had held in May to keep all the Hall Boards up to date on the changes and requirements of Hall Boards in running the Halls. Food Handling course - Jenny, Karen and Bev attended the course and now have their certificates. No word on Smart Serve Page 64 We had discussed the need for more Basket Ball hoops but this was tabled until a later date. Herb has purchased a new BBQ for the park. The cost was $428.27. Jenny and Karen went to Dayco in Oshawa to price a new dishwasher for the Community Centre. We received a quote for $ 4,785.21. After much discussion a motion to accept the quote was made by Herb Tink and seconded by Ron Whitbread to purchase the dishwasher from Dayco. Carried. Karen Dair will proceed with the purchase of the dishwasher. It requires 40 amp fuse so we will contact Tim Welsh to see if the Town does the electrical upgrade. It was also brought forward that we need to upgrade our electrical outlets in the upper hall. Jenny will ask Tim about this also. New Business We discussed having another Dine and Learn in November or December. These are a smaller venue to help with fund raising so it was decided to have a Dine and Learn on November 9, 2019 , 6PM - The menu to be Pork Ribs, Charred Sugar Snap Peas, Roasted Cauliflower, Parmesan Baked Sweet Potatoes, a salad to be decided , possibly soup and a dessert. Jenny, Karen and Bev will be in charge of this event. Bartenders for events at the Community Centre - June 15 - Herb Tink & Philip Broome July 6 - Herb and Debbie Tink July 20 - Philip Broome and Brandi Flowers Bartenders for events at Solina Community Park - August 24,25 - Herb Tink, Kathy Baker September 7,8 - Herb Tink, Kathy Baker Herb verified that all above bartenders have their Smart Serve. A discussion about the 3 days used by the church to prepare the food for their Annual Beef Supper in November and Salad Supper in April was brought to the table. There was a question about the possibility of us renting the Hall on the Friday night should we have the chance. The church feels it is necessary to have the three days for food preparation. They currently pay $160 for the three days. Karen and Jenny picked up replacement water jugs 5 - coffee karaffs 2 ( 1 coffee & 1 tea ) cutting boards (3) and meat a thermometer that we can calibrate. Herb met with Fred Horvath and the parks manager to discuss the issue with baseballs possibly hitting a new house built to the south of the park. The use of the aluminum bats has allowed the teams to bat the balls further and there is a chance that one could hit the 2 story house. The former tenant had a bungalow and the balls did have occasion to land on the property. Fred will look into quotes to put up netting for 360 feet. It will run from the playground to the 3/4’s of the lot where the house is located. Herb was asked to provide a Park Rental Park Schedule for Ron/Bev for the Hall ( hall rental co-ordinators) and Don Dair who does the grounds maintenance. Eric, Herb and Ron will repair the back stops on both ball diamonds on June 24. Eric will remove gravel from the lawns with the tractor and bucket. Hearing no further business the meeting was adjourned by Karen Dair. Next Meeting - October 10, 2019. 7 pm. Solina Community Hall. Page 65 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564 Header To: From: Report: Date: Planning and Economic Development Committee Commissioner of Planning and Economic Development #2019-EDT-10 June 4, 2019 Subject: Durham Economic Development Partnership (DEDP) Four-Year Strategic Priorities Recommendation: That the Planning and Economic Development Committee recommends to Regional Council: That this report be received for information. Report: 1.Purpose 1.1 The purpose of this report is to inform members of the Planning and Economic Development Committee and Council of the outcomes of the Durham Economic Development Partnership (“DEDP”) facilitated session March 7, 2019 to refresh their strategic priorities, as well as to share the newly-drafted 2019-2022 DEDP Action Plan Goals. 2.Background 2.1 The DEDP is a group of Regional and Area-Municipal economic development staff which has been meeting formally since 2006 and collaborating to deliver joint and coordinated economic development programming. 2.2 It was determined that a facilitated session, which included area municipal Mayors, CAOs, the DEDP and the Regional Chair, would be beneficial for gathering valuable input toward the creation of strategic priorities for the DEDP’s Page 66 Report #2019-EDT-10 Page 2 of 3 joint and coordinated programming delivery. 3.Facilitated DEDP Session March 7, 2019 3.1 On March 7, 2019 members of the DEDP met in the morning to develop a recommended Plan of Action for joint programming designed to effectively position Durham Region’s economy for the future. This proposed Plan of Action was shared during the afternoon session with the Regional Chair, municipal Mayors, and CAOs, who in turn provided comments and input on the Plan by identifying several critical imperatives and refinements to the strategic priorities. The need to work together in partnership and collaboration was a broadly- supported message and against this backdrop of even greater collaboration, elected officials, senior executives and economic development staff finalized a path forward for 2019. 3.2 Included as Attachment #1 is the DEDP Facilitated Session Proceedings Report which captures the salient points of discussion and specific terms of agreement that were reached by those in attendance. The consensus was that the session offered a unique opportunity to convene a collective dialogue across municipal boundaries, and to jointly define strategic priorities that would provide broad benefit across Durham. In closing the session, Regional Chair Henry’s remark that “A win for one is a win for all” captures the overall theme of the resulting Action Plan. 4.Action Plan 4.1 The outcome of the March 7th session is the 2019 to 2022 DEDP Action Plan Goals (included as Attachment #2) which outlines nine strategic priorities for joint and collaborative program design and delivery, namely: 1.Culture Shift, Customer Service, Common Strategic Plan objective; 2.Employment Land Servicing; 3.Marketing Initiatives (Competitiveness and Talent Recruiting); 4.Innovation and Entrepreneur Support; 5.Investment Attraction to Support Business Retention and Expansion; 6. Broadband; 7.Workforce: Support Sector Profile and Workforce Events; 8.Transit Service Gaps Identification for Workforce; and 9.Recommendations to Increase Financial Competitiveness for Investment. Page 67 Page 3 of 3 4.2 The term of this Action Plan coincides with the current term of Regional Council and incorporates the guidance and feedback from the Regional Chair, Area Municipal Mayors and CAOs, and sets the strategic priorities of the DEDP to build economic prosperity for the Region as a whole. 5.Conclusion 5.1 The March 7 strategic planning session of the DEDP has enabled the finalization of a 2019 to 2022 DEDP Action Plan which sets strategic priorities for the DEDP to work together on programming that advances Regional economic prosperity. 5.2 Implementation of this Action Plan will include the development and execution of specific projects and programs jointly and in collaboration by the DEDP to create and retain jobs, increase our investment-readiness, support and grow our talented workforce, and market all of the competitive attributes that make Durham Region a great place to live, work and grow. 6. Attachments Attachment #1: DEDP Facilitated Session Report Proceedings Attachment #2: 2019 to 2022 DEDP Action Plan Goals Respectfully submitted, Original signed by Brian Bridgeman, MCIP, RPP Commissioner of Planning and Economic Development Recommended for Presentation to Committee Original signed by Elaine C. Baxter-Trahair Chief Administrative Officer Page 68 Bawaajigewin Aboriginal Community Circle 2019-09-04 Mayor & Council Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 Bawaajigewin Aboriginal Community Circle (BACC) represents the Indigenous Community in the Durham Region. Bawaajigewin is an Ojibway word that means the action of taking something that is a dream and making it into something you can see in real life. Our goal is to build a strong sense of community, awareness and cultural pride by empowering Indigenous voices, supporting family and community development, and celebrating the diversity of our knowledge, perspectives and teachings. On September 30, 2019, BACC Board Member Mary Watson (Thessalon First Nation, Ojibway, Bear Clan) will have a table set up at the Courtice Community Centre in honour of Orange Shirt Day, during the hours of 10 am – 1:30 pm. Orange Shirt Day will bring awareness to the community about First Nation peoples and cultures, past and present. We would be very pleased if members of Clarington’s Council could visit our table and see not only what we are exhibiting but also materials in the Clarington Public Library as they celebrate First Nations Public Library Week (September 29th to October 5th). Yours truly, Mary Watson Board of Director Bawaajigewin Aboriginal Community Circle https://bawaajigewin.ca/ Page 69 Page 70 Township of McKellar_______________________ 701 Hwy #124, P.O. Box 69, McKellar, Ontario POG 1C0 Phone: (705) 389-2842 Fax: (705) 389-1244 July 16, 2019 Hon. Doug Ford, Premier Legislative Building Rm 281, Queen’s Park Toronto, Ontario M7A 1A1 Dear Premier Ford, Re: MUNICIPAL AMALGAMATION ______________________________________________________________________________ Please be advised that at its regular meeting held, Monday July 15, 2019 the Council of the Township of McKellar passed the following resolution: 19-355 WHEREAS there are 444 municipalities in Ontario that are very efficient and well- governed, and who respond quickly to ratepayer’s needs; AND WHEREAS in the 1990’s the Conservative Government forced many municipalities to amalgamate on the guise they would become more efficient, effective, save money, lower taxes and ultimately reduce the provincial deficit; AND WHEREAS there has never been a valid evidence-based study that supported these outcomes; AND WHEREAS forced amalgamation actually accomplished just the opposite: ill feelings, increased animosity and mistrust, job losses, rise in local taxes and an increase in the provincial deficit; AND WHEREAS there are many positive examples of small rural and northern municipalities working together in a collaborate and cooperative manner via shared agreements that responds to local needs without amalgamation and provincial interference; AND WHEREAS the Provincial Government has a large deficit due to their own decision-making; AND WHEREAS recently the same Conservative Government recently reduced one large regional municipal government by 50%, without “consultation”; AND WHEREAS this same Conservative Government is presently reviewing other provincial regional governments through a purported “consultative” approach with a view to reduce or eliminate them; Page 71 2 AND WHEREAS the Provincial Government should investigate all other internal ways of reducing their deficit and becoming more fiscally responsible over time rather than downloading to the one level of government that is the most efficient, has the lowest cost and is closest to the electorate which will not put a dent in the provincial deficit; AND WHEREAS the Province could look at what other provinces have done to reduce the debt with one singular education system, organizing unorganized municipalities, controlling OPP costs, substantially increase fines, and find a way to collect millions and millions of dollars in unpaid fines and instead, invest in the north to create jobs and stimulate and enhance economic development; NOW THEREFORE BE IT RESOLVED that before the Provincial Government forces amalgamation in any of the 444 municipalities in Ontario, our AMO organization go beyond requesting “consultation” and “demand” that the Provincial Government do the following: 1) Hold a local referendum letting the citizens decide to amalgamate or not 2) Conduct an evidence-based study to show that amalgamation actually saves costs, jobs, lowers taxes and reduce the provincial deficit 3) Allow those municipalities to work out their own local collaborative agreement that best suit their local needs and to be permitted to do so on their own time line and volition 4) To ensure that there is absolutely no conflict of interest in this consultative process 5) To emphasize the political reality of forcing amalgamation on the many rural and northern municipalities across Ontario AND FURTHER that a copy of this resolution be sent to Doug Ford, Premier of Ontario; Christine Elliott, Deputy Premier; Steve Clark, Minister of Municipal Affairs; Andrea Horwath, Leader of the New Democratic Party; and all MPPs in the Province of Ontario; AND FURTHER that a copy of this resolution be sent to the Association of Municipalities of Ontario (AMO), the Northwestern Ontario Municipal Association (NOMA), Rural Ontario Municipalities Association (ROMA), Federation of Northern Ontario Municipalities (FONOM), the District of Parry Sound Municipal Association (DPSMA) and all Ontario municipalities for their consideration. Carried Sincerely, Page 72 3 Cc: Deputy Premier of Ontario; Minister of Municipal Affairs and Housing; Leader of the New Democratic Party; All Ontario MPP’s; Association of Municipalities of Ontario (AMO); Northwestern Ontario Municipal Association (NOMA); Rural Ontario Municipalities Association (ROMA); Federation of Northern Ontario Municipalities (FONOM); District of Parry Sound Municipal Association (DPSMA); all Ontario municipalities O:\Council mtg letters\July 15 2019/Municipal Amalgamation Page 73 vail June 26, 2019 The Honourable Doug Downey, Attorney General of Ontario Ministry of the Attorney General 720 Bay Street 11th Floor Toronto, ON M7A 2S9 Dear Honourable Sir: Re: Resolution Regarding Enforcement for Safety on Family Farms Please be advised that Warwick Township Council adopted the following resolution at their regular meeting on June 17, 2019: 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; TOWNSHIP OF WARWICK “A Community in Action” 6332 Nauvoo Road, R.R. #8, Watford, ON N0M 2S0 Township Office: (519) 849-3926 / 1-877-849-3926 Works Department: (519) 849-3923 Watford Arena: (519) 876-2808 Fax: (519) 849-6136 Website: www.warwicktownship.ca E-mail: info@warwicktownship.ca Page 74 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. - Carried. Yours truly, Amanda Gubbels Administrator/Clerk Township of Warwick cc: The Honourable Doug Ford, Premier of Ontario The Honourable Sylvia Jones, Solicitor General The Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs All Ontario Municipalities Association of Municipalities of Ontario (AMO) Rural Ontario Municipal Association (ROMA) Page 75 Corporate Services Department City Clerk Services The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1H 3Z7 Phone 905 436 3311 1 800 667 4292 Fax 905 436 5697 www.oshawa.ca File: A-2100 July 5, 2019 DELIVERED BY E-MAIL (premier@ontario.ca) The Honourable Doug Ford Premier of Ontario Re: Fire Safety During Construction Period of Wood Buildings Oshawa City Council considered the above matter at its meeting of June 24, 2019 and adopted the following recommendation: “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, 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 Page 76 2 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.” If you need further assistance concerning the above matter, please contact Warren Munro, Commissioner, Development Services Department at the address listed below or by telephone at 905-436-3311. Mary Medeiros Interim City Clerk /fb c. Region of Durham City of Pickering Town of Ajax Town of Whitby Municipality of Clarington Township of Uxbridge Page 77 3 Township of Scugog Township of Brock Dr. Colin Carrie, Oshawa Celina Caesar-Chavannes, Whitby Hon. Erin O’Toole, Durham Mark Holland, Ajax Jamie Schmale, Haliburton-Kawartha Lakes-Brock Jennifer O’Connell, Pickering-Uxbridge Kim Rudd, Northumberland-Peterborough South Jennifer French, Oshawa Lindsey Park, Durham Lorne Coe, Haliburton-Kawartha Lakes-Brock Rod Phillips, Ajax David Piccini, Northumberland Peterborough South Association of Municipalities of Ontario Large Urban Mayor’s Caucus of Ontario Federation of Canadian Municipalities Large Municipalities Chief Building Officials group Ontario Building Officials Association Ontario Association of Fire Chiefs Building Industry Liaison Team Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Planning Services Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report Number: PSD-032-19 Report To: Joint Committees Date of Meeting: September 9, 2019 By-law Number: Submitted By: Faye Langmaid Resolution #: Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: COPA2019-0001 & ZBA2019-0011 Cross Reference: ROPA2019-003 Report Subject: 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. Recommendations: 1.That Report PSD-032-19 be received; 2.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 3.That all interested parties listed in Report PSD-032-19 and any delegations be advised of Council’s decision. Page 85 Municipality of Clarington Report PSD-032-19 Page 2 Report Overview The Municipality is seeking the public’s input on applications to amend the Clarington Official Plan and Zoning By-law 2005-109, submitted by Werrcroft Farms Ltd. The applications are to facilitate a surplus farm dwelling severance at 8800 Middle Road in Darlington. The Official Plan amendment will permit the retained farm parcel to be less than 40 hectares. The Zoning By-law amendment will prohibit residential dwellings on the retained farm parcel. 1. Application Details 1.1 Owner/Applicant: Kevin Werry, Werrcroft Farms Ltd. 1.2 Agent: Bob Clark, Clark Consulting Services 1.3 Proposal: General To facilitate a surplus farm dwelling severance at 8800 Middle Road. The retained farm parcel will be 21.73 hectares in size and will consolidate with non-abutting farmlands owned by Werrcroft Farms Ltd. The severed residential parcel will be 0.41 hectares in size. Official Plan Amendment To permit the retained farm parcel at 8800 Middle Road to be less than 40 hectares in size. Rezoning To rezone the retained farm parcel at 8800 Middle Road to prohibit residential dwellings on the lot. 1.4 Area: 22.14 hectares (54.7 acres) 1.5 Location: South-west corner of Regional Road 20 and Middle Road 1.6 Roll Number: 181701015008900 1.7 Within Built Boundary: No 2. Background 2.1 A future land division application for 8800 Middle Road will be submitted to the Durham Region Land Division Committee to permit the severance of a surplus farm dwelling as a result of the consolidation of non-abutting farm parcels. To facilitate such severance, a Regional Official Plan Amendment, Clarington Official Plan Amendment and Zoning By- law Amendment have been submitted. Page 86 Municipality of Clarington Report PSD-032-19 Page 3 Figure 1: Proposed retained and severed parcels 2.2 The Regional Official Plan Amendment is required to permit the severance of a farm dwelling rendered surplus as a result of a farmer acquiring a non-abutting farm and wishing to sever the surplus dwelling lot. As part of a surplus farm dwelling severance, the Clarington Official Plan requires the retained farm parcel to be a minimum of 40 hectares. An Official Plan Amendment is required to permit the retained farm parcel with an area of 21.73 hectares. A Zoning By-law Amendment is required to prohibit the establishment of a future residential use on the retained farm parcel, in compliance with Provincial, Regional, and Local policies. 2.3 The applicant has submitted the following studies in support of the applications: Planning Justification Report and Minimum Distance Separation Review; and Phase I Environmental Site Assessment. Page 87 Municipality of Clarington Report PSD-032-19 Page 4 3. Land Characteristics and Surrounding Land Uses 3.1 The subject lands are 22.14 hectares (54.7 acres) in area with an existing single detached dwelling on the east side of the property, fronting onto Middle Road. There is a wooded area located in the south-west corner of the property and a hydro corridor running across the property in the north. The majority of the property is farmed for corn and feed grain crops that support the owners’ dairy operation. 3.2 The surrounding uses are as follows: North: Regional Road 20, hydro corridor, agricultural lands, woodlands; South: Agricultural lands; East: Middle Road, agricultural lands and woodlands; and West: Agricultural lands, and woodlands. Figure 2: Zoning Amendment Sketch Page 88 Municipality of Clarington Report PSD-032-19 Page 5 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement (PPS) protects prime agricultural areas for long-term agricultural uses. The PPS permits lot creation in prime agricultural areas for the severance of a surplus farm dwelling as a result of farm consolidation. 4.2 The proposal is consistent with the Provincial Policy Statement. Greenbelt Plan 4.3 The policies of the Greenbelt Plan are intended to protect prime agricultural areas for long-term agricultural uses. Within the Oak Ridges Moraine Area of the Greenbelt, lot creation is permitted in the Countryside Area for the severance of a surplus farm dwelling as a result of farm consolidation, provided that the surplus dwelling area is limited in size and no new residential dwellings are constructed on the retained parcel of farmland. 4.4 The proposal is consistent with the Greenbelt Plan. 5. Official Plans Durham Region Official Plan 5.1. The Durham Region Official Plan designates the property “Countryside Area” and “Prime Agricultural Area” within the Oak Ridges Moraine Area designation. The severance policies of the Plan state that the severance of a farm dwelling rendered surplus as a result of the consolidation of non-abutting farms is permitted through amendment to the Plan, and provided that the surplus dwelling area is limited in size and the retained farm parcel be rezoned to prohibit the establishment of a residential dwelling. 5.2 The applicant has submitted an application for an amendment to the Durham Region Official Plan. Clarington Official Plan 5.3 The Clarington Official Plan designates the property as “Prime Agriculture Area” and “Environmental Protection Area”. The severance of a farm dwelling rendered surplus as a result of the consolidation of non-abutting farms is permitted, provided that the farm is a minimum of 40 hectares, the surplus dwelling lot be less than 0.6 hectares and the retained farm parcel be rezoned to prohibit the establishment of a residential dwelling. 5.4 The retained farm parcel will be 21.73 hectares in size and the surplus dwelling lot will be 0.41 hectares. The applicant has submitted an application for an amendment to the Page 89 Municipality of Clarington Report PSD-032-19 Page 6 Clarington Official Plan to permit the farm parcel to be 21.73 hectares, as opposed to the minimum required 40 hectares. 6. Zoning By-law 6.1 Zoning By-law 2005-109 zones the subject lands “Prime Agriculture (A) Zone” and “Environmental Protection (EP) Zone”. The proposed Zoning By-law Amendment would rezone the agriculturally zoned portion of the retained farm parcel to prohibit any residential uses and will fulfil the requirements of Provincial policy and Durham Region and Clarington Official Plan policies. 7. Summary of Background Studies 7.1 A Planning Justification report prepared by Clark Consulting was submitted in support of this application. The report concludes that the application in support of severance of a surplus farm dwelling meets the objectives and requirements of the Provincial Policy Statement, Region of Durham Official Plan policies and the intent of the Clarington Official Plan policies. As part of the report a map identifying the other farm parcels owned by Werrcroft Farms Ltd. was provided. A total of eight land holdings, including the subject lands, make up the Werrcroft Farms Ltd. operation (see Figure 3). Figure 3: Location of farm parcels owned by Werrcroft Farms Ltd. 7.2 The report also addresses the Minimum Distance Separation formulae. The report concludes that the application meets the policies of the Minimum Distance Separation formulae. Page 90 Municipality of Clarington Report PSD-032-19 Page 7 7.3 A Phase I Environmental Site Assessment was also submitted. This report concluded that a Phase II review is not required. 8. Public Notice 8.1 Public notice was mailed to each landowner within 300 metres of the subject lands on August 15, 2019 and Public Meeting signs were installed fronting onto Regional Road 20 and Middle Road on August 19, 2019. 8.2 Staff have not received any comments at the time of finalizing this report. 9. Agency Comments Durham Region 9.1 Comments from Durham Region Planning, Works and Health have not been received at the time of finalizing this report but will be included in a subsequent report. Central Lake Ontario Conservation Authority 9.2 Comments from the Central Lake Ontario Conservation Authority have not been received at the time of finalizing this report but will be included in a subsequent report. Other Agencies 9.3 Comments from Hydro One have not been received at the time of finalizing this report but will be included in a subsequent report. 10. Departmental Comments Engineering Services Department 10.1 The Engineering Services Department provided comments that they had no objections to the proposed applications. 11. Discussion 11.1 The Provincial Policy Statement encourages the long-term viability of agricultural areas and limits the opportunities to create new parcels in the rural area. Severances of surplus farm dwellings are permitted by the Province, as it is recognized that farmers may not be interested in acting as landlords when acquiring additional farmland. The Durham Region and Clarington Official Plans allow farm consolidation when possible to ensure long-term viability of agricultural operations. The Plans set out regulations for the severance of a surplus farm dwelling as a result of farm consolidation. Page 91 Municipality of Clarington Report PSD-032-19 Page 8 11.2 When a surplus farm dwelling is severed, the Regional and Clarington Official Plans in conformity with the Provincial Policy Statement require the retained farm parcel to be rezoned to prohibit the establishment of a residential dwelling on the lot. 11.3 The Clarington Official Plan policies require that when a surplus dwelling is severed from a farm parcel that is non-abutting, the farm parcel must have a minimum lot area of 40 hectares. The purpose of this policy is to ensure that the lands are viable for a farm operation. This application proposes an amendment to the Clarington Official Plan to permit the retained farm parcel to be 21.73 hectares in size. The proposed severance does not alter the existing land uses of the retained farm parcel, which is being farmed for corn and feed grain crops that support the owners’ dairy operation. Upon severance, the retained farm parcel will continue to be used for agricultural purposes. The proposed retained farm parcel is deemed viable for a farm operation. 11.4 There have been no objections to this application from any circulated agencies or the public to date. 12. Concurrence Not Applicable. 13. Conclusion 13.1 The purpose of this report is to provide background information on the development applications submitted by Werrcroft Farms Ltd. for the Public Meeting under the Planning Act. Staff will continue processing the application including the preparation of a subsequent report upon resolution of the identified issues. Staff Contact: Isabel Lima, Planner I, (905) 623-3379 ex 2428 or ILima@clarington.net A list of interested parties to be notified of Council’s decision is on file in the Planning Services Department. Page 92 Planning Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: PSD-033-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Faye Langmaid Resolution: Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: PLN 41.6 Report Subject: Expansion of Clarington Energy Business Park Secondary Plan Study Area to include the Courtice Waterfront Recommendations: 1. That Report PSD-033-19 be received; 2. That staff be authorized to include the Courtice Waterfront as part of the Clarington Energy Business Park Secondary Plan Update; 3. That staff be authorized to engage Urban Strategies Inc. for the additional work provided that all costs are funded by the Courtice Waterfront landowners; 4. That the Director of Planning Services be authorized to execute the necessary cost- recovery agreements; 5. 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 6. 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. Page 93 Municipality of Clarington Page 2 Report PSD-033-19 1. Background Official Plan Update 1.1 The updated Clarington Official Plan was approved by the Region of Durham in June of 2017 as Official Plan Amendment 107 (OPA 107). Prior to OPA 107, the subject lands located between the Clarington Energy Business Park Secondary Plan (Energy Park) area and Darlington Provincial Park south of Highway 401 were designated “Waterfront Greenway” with “Environmental Protection” along the Lake Ontario shoreline and Tooley Creek valley (see location in Figure 1 below). The intention of the “Waterfront Greenway” designation is for areas located near the Lake Ontario waterfront to accommodate recreational and tourism uses. For reference regarding the subject lands’ ownership, see Attachment 1. Report Overview This report outlines a strategy to develop the Courtice Waterfront implementing the Clarington Official Plan and Council’s recently adopted Strategic Plan 2019 to 2022. Council identified in its Strategic Plan the Courtice Waterfront as one of its Legacy Projects. This report identifies the steps to explore the development potential of the Courtice Waterfront in collaboration with the private sector (landowners of the area). The Courtice Waterfront will explore the development of a municipal wide waterfront park together with other uses such as tourism and residential. Given that the lands are adjacent to the Clarington Energy Business Park Secondary Plan area, the project will also explore opportunities to complement the Energy Park vision, especially after the Ontario Power Generation (OPG) announcement to centralize its offices and bring approximately 2,000 new jobs to the Clarington Energy Business Park. Page 94 Municipality of Clarington Page 3 Report PSD-033-19 Figure 1. Area to be added to Energy Park Secondary Plan Update 1.2 The approval of OPA 107 modified the vision for this area from a “District” to “Municipal Wide Park” designation along a large portion of the Lake Ontario waterfront. Community access to the waterfront already exists in Bowmanville and Newcastle but less so in Courtice. The goal of the “Municipal Wide Park” designation is to create better public access and facilities for the waterfront in Courtice. 1.3 Prior to Council approval of OPA 107, Municipal staff had discussions with the property owner of the lands identified as the future Municipal Wide Park. It was decided that the extent and configuration of the future Municipal Wide Park would be best determined in conjunction with a future development application submitted by the owner. As a result, the “Municipal Wide Park” designation was deferred by Durham Region. Page 95 Municipality of Clarington Page 4 Report PSD-033-19 History of the Clarington Energy Business Park 1.4 The Secondary Plan for the Energy Park was adopted in 2006. It outlines a vision for the Energy Park that focuses on the development of prestige, energy-related employment uses on a site that is adjacent to the OPG Darlington Nuclear Generating Station. 1.5 The original vision for the Energy Park – to foster employment growth in the fields of energy and environment – was established at a time when growth in energy-related uses and expansion of the Darlington Nuclear Generating Station were expected. Soon after the adoption of the Secondary Plan, however, expansion plans at Darlington were put on hold and development of the Energy Park did not proceed as rapidly as anticipated. 1.6 After approval of OPA 107, in 2018 the Municipality of Clarington retained Urban Strategies Inc. to undertake a review of the Secondary Plan for the Energy Park. The purpose of this review is to identify a renewed vision and updated policy framework for the future. Urban Strategies is also the Municipality’s consultant preparing the Courtice Employment Lands Secondary Plan and the Southwest Courtice Secondary Plan Update. OPG Moving Headquarters to Clarington 1.7 As Council is aware, the vision for the Energy Park received a major boost earlier this year when OPG announced that it was moving its headquarters to the Energy Park. While preparing the Secondary Plan in 2006, planning staff held discussions with OPG about creating a campus at the Energy Park. Subsequently, OPG bought lands to accommodate the Darlington Energy Complex and additional lands for a future OPG Campus. 1.8 In 2011, the Municipality prepared and Council adopted the Streetscape and Sustainable Development Design Guidelines for the Energy Park. As part of the planning for these guidelines, Urban Strategies Inc. planning staff and OPG explored conceptual designs for the OPG Campus (see Attachment 2). The OPG announcement on June 10, 2019 to bring more than 2,000 OPG jobs to the Municipality will make this vision a reality and attract additional jobs. The OPG announcement mentions “this is an exciting opportunity for OPG to create a high-tech energy hub that promotes innovation and collaboration across the organization and with our partners and suppliers”. 2. Land Owner Request and Terms of Reference 2.1 On March 1, 2019, after a number of discussions with planning staff, the Municipality received a letter from Weston Consulting representing the owner of the subject lands (see Attachment 3). In the letter, the owners request that the study area of the Energy Park Secondary Plan be modified to include their lands to the west (see Attachment 1). Page 96 Municipality of Clarington Page 5 Report PSD-033-19 2.2 The letter stated the size and location of their lands should be included in order to achieve a progressive planning vision for both the Energy Park and the Courtice Waterfront. Planning staff agree this approach implements the intent of the Clarington Official Plan. 2.3 After receiving the letter, Planning Services staff met with the owners of the subject lands. The owners have agreed to fund the additional work to expand the study area for the Energy Park Secondary Plan Update. The pattern of private funding for secondary plan work has previously been endorsed by Council and has already been implemented in several other areas throughout Courtice and other urban area of Clarington. 2.4 The Municipality uses a roster to select planning consultants for the different secondary plans. The roster has been successful as it has significantly reduced the time to secure a consultant. Urban Strategies Inc. is part of this roster and is currently undertaking the Energy Park Secondary Plan Update and preparing the Courtice Employment Lands Secondary Plan for the Municipality. Should Council decide to proceed with this project, Urban Strategies Inc.’s current scope of work will be expanded to include the Courtice Waterfront as outlined in the attached Terms of Reference (Attachment 4). 2.5 After the landowners made a commitment to fund the project, staff requested Urban Strategies Inc. prepare preliminary Terms of Reference (TOR) for the additional work. The preliminary TOR are included as Attachment 4. The proposed work would take 12 to 15 months to complete and encompass three phases: a. Analysis and Visioning (5-6 months); b. Preferred Concept (3-4 months); and c. Secondary plan (4-5 months). 2.6 Once Council approves the strategy outlined in Report PSD-033-19, staff will circulate the TOR to all agencies and work closely with Durham Region to finalize the document. 3. Concurrence 4. Conclusion 4.1 Staff recommend that Council include the Courtice Waterfront when undertaking the update of the Clarington Energy Business Park Secondary Plan. This provides Council with the opportunity to initiate the planning for one of its Legacy Projects: the Courtice Waterfront. Moreover, it will allow the Municipality to develop the planning tools to support the OPG expansion and create jobs in the Energy Park. 4.2 All additional costs for consultants and municipal project management will be covered by the landowners. As Urban Strategies Inc. is currently updating the Clarington Energy Page 97 Municipality of Clarington Page 6 Report PSD-033-19 Business Park Secondary Plan and preparing the secondary plan for the employment lands to the north, staff recommends that their scope of work be expanded to include the TOR as proposed subject to 100% funding commitments from the owners (see Attachment 5). Staff Contact: Carlos Salazar at 905-623-3379 x 2409 or csalazar@clarington.net Attachments: Attachment 1 – Subject area with public/private land ownership identified Attachment 2 – Urban Strategies Inc. Conceptual Drawing – OPG Campus Attachment 3 – Letter from owners requesting land to be added Attachment 4 – Urban Strategies Inc. – Terms of Reference Attachment 5 – Letter of Funding Commitment List of interested parties to be notified of Council's decision is on file in the Planning Services Department. Page 98 Attachment 1 to Municipality of Clarington Report PSD-033-19 Subject area with public/private land ownership identified Page 99 Attachment 2 to Municipality of Clarington Report PSD-033-19 Urban Strategies Conceptual Drawing – OPG Campus (figure from Clarington Energy Park Streetscape and Sustainable Development Design Guidelines, 2011) Courtice Road Page 100 Page 101 Page 102 1 June 18, 2019 Carlos Salazar, MCP, MCIP, RPP Manager of Community Planning and Design Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 BY EMAIL: csalazar@clarington.net Dear Mr. Salazar, Re: Energy Park Secondary Plan Update – Study Area Expansion to Include Courtice Waterfront Proposal for Consulting Services Urban Strategies is pleased to submit this letter in response to your request for a proposal to expand the scope of the Claringtron Energy Park Secondary Plan Update to include the “Courtice Waterfront Lands” immediately to the west, extending to the east boundary of Darlington Provincial Park. In expanding the study area, we would examine opportunities for future development and public open spaces to complement the Energy Park while enhancing the larger Courtice community and linking it to Lake Ontario. In this respect, the expanded study would also be a timely complement to our ongoing work on the secondary plans for Southwest Courtice and the Courtice Employment Lands. Depending on the outcomes of our analysis and consultation regarding the waterfront lands, it may be appropriate to expand and further amend the Energy Park Secondary Plan. We have allowed for such changes in our proposal, recognizing that the Municipality may decide not to proceed in that direction. We would maintain the same consultant team for this additional work, including WSP, who will support us with analysis and advice regarding transportation. We understand the major landowner west of Courtice Road has retained D.G. Biddle and Associates Ltd. to undertake a conceptual servicing study for the additional lands. We assume staff at the Municipality and the Region will peer review their work and therefore additional support from WSP in this regard is not required. The study will benefit from the Robinson Creek and Tooley Creek Subwatershed Study by Aquafor Beech, and we understand the major landowner has also retained Niblett Environmental Associates Inc. to undertake a preliminary natural heritage constraints study for the additional lands. We, therefore, are not proposing to include an environmental consultant on our team; however, the Municipality may wish engage Aquafor Beech to peer review Niblett’s study. Note, at this time we also are not proposing to include a real estate market consultant on our team, but we may recommend adding one at a later date to test the viability of different land use scenarios and development concepts that emerge through the planning process. Below we provide an overview of our proposed work plan and a fee estimate for the expanded study. METHODOLOGY AND WORK PLAN Urban Strategies will bring its collaborative, multi-disciplinary approach to this assignment. We will work closely with Planning and technical staff at the Municipality and Durham Region to ensure their input and Page 103 2 expertise informs the work. We will also consult regularly with other key stakeholders, including major landowners, the Conservation Authority and Ontario Parks. To ensure there is thorough consultation and collaboration, it may be appropriate to augment the Steering Committee for the Energy Park Secondary Plan Update with additional key stakeholders. As outlined below, we propose a three-phase work plan for the expanded study. In addition to the main tasks identified, we anticipate regular meetings or conference calls with the Core Project Team to review work in progress, confirm directions and coordinate next steps. Note, we anticipate there will be a range of potentially complex land use, infrastructure and environmental issues to be addressed by the expanded study, given the expansion area’s adjacencies, existing features and isolation from the Courtice urban area. There may also be a high degree of public interest in the study’s outcomes. Our proposed work plan, timeframes and budget allow for the careful study and consultation that will be required to establish a vision and policy framework for the larger area that are both technically sound and broadly endorsed. We are anticipating a timeframe of 12-15 months for the additional work. Phase 1: Analysis and Visioning (5-6 months) Phase 1 will focus on an analysis of the expanded study area in its context from the perspectives of policy, land use, urban design, transportation and utilities. We will develop a clear understanding of how future development and open space improvements on the waterfront lands would complement the Energy Park, for example, by potentially accommodating commercial or other amenities for employees in the park. An initial public information centre (PIC) will be used to gather ideas from the community on what they would like to see on the Courtice waterfront. Three preliminary land use scenarios based on our analysis will be presented at a second PIC at the conclusion of Phase 1. Phase 1 will also conclude with a supplementary report to our original Phase 1 Technical Report for the Energy Park Secondary Plan Update, as well as a draft vision and principles for the waterfront lands based on our analysis and public input. The report will address the land use and urban design opportunities as well as any challenges associated with developing the lands. We will recommend whether the Secondary Plan Update for the Energy Park should proceed to approval as currently scoped or should be delayed to allow for planning and integration of the waterfront lands. Main Tasks: Kick-off meeting with Project Team and site visit Update base mapping Policy review (PPS, Growth Plan, Durham OP, Clarington OP) Review other background information (including Robinson Creek and Tooley Creek Subwatershed Study) Interviews with additional key stakeholders (including Region and MNRF staff, major landowners) Prepare materials for and facilitate PIC #1 (note, this PIC is included within our current scope of work and budget for the Energy Park plan update and would be used to gather public input to the waterfront lands study) Analysis of land use and urban design opportunities and challenges Analysis of environmental constraints and opportunities (Niblett) Analysis of transportation opportunities and challenges (WSP) Analysis of utilities opportunities and challenges (Biddle) Prepare preliminary “high-level” conceptual land use strategies Page 104 3 Synthesize and summarize analysis Project Steering Committee workshop Prepare materials for and facilitate PIC #2 (workshop format) Prepare Supplementary Technical Report Prepare Draft Vision and Principles for waterfront lands (illustrated with precedents) Council update presentation Phase 2: Preferred Concept (3-4 months) If the Municipality decides to proceed with further planning of the waterfront lands, in the next phase of work we build on the Phase 1 work to develop a preferred land use and urban design concept for the waterfront lands as the basis for further updates to the Secondary Plan, engaging stakeholders and the public. Main Tasks: Prepare draft Land Use and Urban Design Concept (including designations, streets and open space framework and built form parameters—illustrated with 2D drawings and precedents) Preliminary technical analysis of draft concept (transportation, servicing, natural heritage, potentially market) Project Steering Committee meeting Refine draft Land Use and Urban Design Concept Prepare materials for and facilitate PIC #3 (open house) Refine Vision, Principles and Land Use and Urban Design Concept Prepare draft policy directions Project Steering Committee meeting Refine preferred Land Use and Urban Design Concept and policy directions Prepare Preferred Land Use Concept Report Council update presentation Phase 3: Secondary Plan (4-5 months) In the final phase of the project, the Phase 2 work will provide the basis for a new Secondary Plan that encompasses the Energy Park and the Courtice Waterfront Lands. We anticipate a high-level of consultation with the Core Project Team and key stakeholders as the plan is developed and refined. Main Tasks: Prepare draft updated Secondary Plan and Urban Design Guidelines Steering Committee meeting Revise and refine draft Secondary Plan and Urban Design Guidelines Prepare materials for and facilitate PIC #4 Revise and refine draft Secondary Plan and Urban Design Guidelines Project Steering Committee meeting Prepare for and present at statutory public meeting Finalize Secondary Plan and Urban Design Guidelines Page 105 WESTON CONSULTING planning + urban design Planning Services Department Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1C 3A6 Attn: Carlos Salazar, Manager of Community Planning and Design August 16, 2019 File 9365 Re: Participation in the Clarington Energy Business Park Secondary Plan Update 113 DOWN RD & PT LT 31 CON BROKEN FRONT DARLINGTON PT 1 Municipality of Clarington As you know, Weston Consulting is the authorized planning consultant for 1725596 Ontario Limited, the registered owner ("Owner") of the lands known as 113 Down Road and PT LT 31 CON BROKEN FRONT DARLINGTON PT 1 in the Municipality of Clarington (herein referred to as the "subject lands"). This letter continues our correspondence regarding the Municipality's evaluation of the subject lands as part of the Clarington Energy Business Park Secondary Plan Update, including two (2) letters submitted to the Municipality dated March 1st, 2019 and June 5th, 2019, respectively, which are attached for reference. At this time, we are pleased to inform the Municipality of Clarington that the Owner of the above noted lands has accepted the work plan and budget associated with Urban Strategies' evaluation of the subject lands as part of the Secondary Plan Update, and as outlined in their letter dated June 18, 2019. The Owner's acceptance herein is based on and is subject to the finalization of the appropriate agreement, which is to be negotiated in good faith between the owner and the Municipality. We are currently reviewing the draft agreement provided and will provide our comments under separate cover. It is recognized that the agreement will include relevant components of the Urban Strategies work programs and may reflect any resultant modifications to the work plan that may be required. The Owner is keen to move the planning process forward in a collaborative manner with the Municipality and is committed to this partnership. In addition to the above information, we would like to reiterate our understanding of certain components of the Urban Strategies work program and scope as discussed with Staff. In accordance with the Terms of Reference documents enclosed with our letter dated June 5th, 2019, we request that the Municipality of Clarington formally recognize D.G Biddle & Associates Limited and Niblett Environmental Associates Inc. as consultants to our client with respect to the evaluation of the subject lands as part of the Clarington Energy Business Park Secondary Plan Update. Vaughan Office 201 Mill way Avenue. Suite 19, Vaughan, Ontario L4K 5K8 T. 905.738.8080 Toronto Office 268 Berkeley Street, Toronto, Ontario MSA 2X5 T. 416.640.9917 westonconsulting.com l-800-363-3558 F. 905.738.6637 Attachment 5 to Report PSD-033-19 Page 106 2 Moreover, we request that Weston Consulting and the Owner be instated as members of the applicable Stakeholder/Steering Committee and this will ensure effective collaboration and will also allow the Owners' and our input to be of assistance to the Municipality and Urban Strategies through this process. Weston Consulting and the Owner look forward to working with the Municipality of Clarington and Urban Strategies and actively participating in the Clarington Energy Business Park Secondary Plan review and update process. We kindly request that our team be notified of any updates pertaining to the Energy Business Park Secondary Plan and look forward to discussing this further with you in the coming weeks. If you have any questions, or if there is anything you would like to discuss, please contact the under ed at ext. 241. C. ·o Limited Attach men ts: 1.Letter from Weston Consulting, dated March 1st, 2019; (provided) 2.Letter from Weston Consulting, dated June 5th , 2019; 3.Letter from Urban Strategies, dated June 18, 2019, (provided) Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario L4K 5K8 T. 905.738.8080 Toronto Office 268 Berkeley Street, Toronto, Ontario MSA 2X5 T. 416.640.9917 westonconsulting.com l-800-363-3558 F. 905.738.6637 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: PSD-034-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Faye Langmaid Resolution #: Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: RE 16.41 Report Subject: Declaration of Surplus Property at the Bowmanville Avenue Westbound Exit from Highway 401 Recommendations: 1.That Report PSD-034-19 be received; 2.That Council declare surplus approximately 587 square metres of the property identified as Part 1, 2 and 12 on plan 40R-22625 and shown in Figure 1 of Report PSD-034-19; 3.That the property be transferred to Bowmanville Creek Development Inc. and appropriate enhancements be included in the site plan agreement; and 4.That all interested parties listed in Report PSD-034-19 and any delegations be advised of Council’s decision. Page 119 Municipality of Clarington Page 2 Report PSD-034-19 Report Overview The Municipality is in discussion with Bowmanville Creek Development Inc. (Torgan) the owner of a commercial property at Highway 401 and Bowmanville Avenue. To facilitate their project, Torgan has requested that the adjacent Municipal lands be incorporated into their development. A portion of these lands were previously given by Torgan to the Municipality. The remainder was given by the adjacent Shell station when it developed. To dispose of Municipally owned properties they must be declared surplus. 1. Background 1.1 Interest has been expressed by Bowmanville Creek Investments Inc. (Torgan) in the acquisition of 587 square metres (0.14 acres) to be used in conjunction with their properties to the east and north for commercial development (Attachment 1). The requested parcel of land is on the north side of the 401 westbound exit ramp to Bowmanville Avenue shown in Figure 1 (next page). 1.2 The commercial development proposed by Torgan will be the subject of a future Site Plan amendment application. 1.3 By-law 2011-11, being a by-law to establish procedures governing the sale of real property, states that from time to time Council may propose the sale of land providing that: It is declared surplus; At least one appraisal or letter of opinion of fair market value of the land to be sold from a qualified appraiser is obtained; and Notice is given to the public by publication or an advertisement and/or posting on the Municipality’s website. Page 120 Municipality of Clarington Report PSD-034-19 Page 3 Figure 1 – Key Map showing lands at the westbound exit ramp from the 401 to Bowmanville Avenue to be declared surplus Page 121 Municipality of Clarington Report PSD-034-19 Page 4 2. Next Steps 2.1 The lands being requested were gratuitously conveyed to the Municipality for the purpose of installing a “Welcome to Bowmanville” sign near Highway 401. The sign has since been constructed on Bowmanville Avenue at Waverley Road. The lands were gratuitously conveyed to the Municipality as part of the Site Plan approvals for the Shell station and the Torgan commercial development that has not yet been constructed. The logical owner for these lands would be the adjacent property owner (Torgan). 2.2 Torgan will be responsible for ensuring any proposal for the lands conforms with the Official Plan and Zoning By-law or seek approval of the required amendments. Notice of the proposed transfer would be given on the Municipal website. 3. Concurrence 3.1 This report has been reviewed by the Director of Engineering Services and the Municipal Solicitor who concur with the recommendations. 4. Conclusion 4.1 The lands were gratuitously conveyed to the Municipality as part of the Site Plan requirements for the adjacent properties. Torgan is proposing to acquire approximately 587 square metres to consolidate with their other lands for a commercial development. Given that these lands are no longer required by the Municipality, it is recommended that the lands be declared surplus and that staff be authorized to negotiate appropriate arrangements with Torgan as part of their forthcoming Site Plan application. Staff Contact: Paul Wirch, Senior Planner 905-623-3379 ext.2418 or pwirch@clarington.net Attachment 1 –Torgan letter of August 22, 2019 Attachment 2 – Confidential Memo – Distributed under separate cover The following is a list of the interested parties to be notified of Council’s decision: David McKay, MHBC Planning Ornella Richichi, Torgan Page 122 230-7050 WESTON ROAD / WOODBRIDGE / ONTARIO / L4L 8G7 / T 905 761 5588 / F 905 761 5589 / WWW.MHBCPLAN.COM KITCHENER WOODBRIDGE LONDON KINGSTON BARRIE BURLINGTON August 22, 2019 Paul Wirch, MCIP, RPP Senior Planner Planning Services Department Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mr. Wirch: RE: REQUEST TO DEEM MUNICIPAL LAND SURPLUS BY THE TORGAN GROUP NORTHEAST CORNER OF BOWMANVILLE AVENUE AND HIGHWAY 401 OFF-RAMP OUR FILE: 18388B On behalf of our client, The Torgan Group, please accept this request to the Municipality of Clarington to deem the lands located at the northeast corner of Bowmanville Avenue and the Highway 401 off-ramp as surplus such that the lands can be transferred back to our client. The requested lands (in red) are legally described as Parts 1, 2 & 12 on Plan 40R-22625, as shown below. Page 123 2 In 2006, these lands were subject to a previous development application. At that time, the Municipality requested these lands be transferred to them for the purposes of installing municipally related signage. The lands currently remain vacant and it our understanding that they are no longer needed for municipal purposes. As you are aware our client is pursuing the development of the western portion of their lands with a revised application for retail commercial purposes. The surplus lands would be integrated into this proposal, with appropriate regrading and installation of landscaping commensurate with the proposed retail commercial development. A conceptual treatment as integrated with the retail commercial development in this area of the site is shown below and would include a variety of deciduous and coniferous trees, shrubs and flowering plants which will beautify this gateway area into Bowmanville. We look forward to a positive decision from the Municipality on this matter. Please feel free to contact myself or our client directly as required. Thank you. Yours truly, MHBC David A. McKay, MSc, MLAI, MCIP, RPP Vice President and Partner cc: Ornella Richichi, The Torgan Group Page 124 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: PSD-035-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Faye Langmaid Resolution #: Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: PLN 34.16.3 and 34.5.4.29 Report Subject: Intent to Pursue Heritage Designation for two (2) Properties: 120 Wellington Street, Bowmanville and 2503 Concession Road 8, Haydon Recommendations: 1. That Report PSD-035-19 be received; 2. 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; 3. 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; 4. 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 5. That the interested parties listed in Report PSD-035-19 and any delegations, be advised of Council’s decision. Page 125 Municipality of Clarington Report PSD-035-19 Page 2 Report Overview The Municipality is responsible for the identification and conservation of heritage resources. Central Public School and Haydon Community Hall are fine examples of their respective architectural styles in Clarington, and are identified as Primary resources on the Municipality’s cultural heritage resources list. The Clarington Heritage Committee and staff recommend the designation of these properties under Part IV of the Ontario Heritage Act to ensure the future of these significant cultural resources is appropriately conserved and they continue to be part of Clarington’s history. 1. Background 1.1 The Region of Durham and Municipality of Clarington have policies in their Official Plans that speak to the protection and conservation of cultural heritage resources. 1.2 The Clarington Heritage Committee (CHC) evaluated the properties subject to this report, and made recommendations to designate the properties under Part IV of the Ontario Heritage Act. Council may designate a property under Part IV of the Ontario Heritage Act if it considers the property to meet at least one of the criteria establishing cultural heritage value or interest in accordance with Ontario Regulation 9/06 of the Ontario Heritage Act. The criteria is based upon three overarching values related to physical/design, associative/historical, and contextual. Central Public School and Haydon Community Hall have been evaluated as having cultural heritage significance that merits designation, as shown on the Index Map (Figure 1), and summarized below. Page 126 Municipality of Clarington Report PSD-035-19 Page 3 Figure 1: Index Map of Recommended Properties 2. Central Public School 2.1 120 Wellington Street, known as Central Public School, is identified as a primary heritage resource in the Municipality’s inventory of cultural heritage resources, and is one of the finest examples of the Richardson Romanesque style of architecture in Clarington. The building has been well maintained, and appears to be in excellent physical condition. The school was built in 1889 on a large parcel of land in the centre of Bowmanville, and is a striking two-storey, red brick structure with a cross gable roof, and Ashlar cut granite foundation. Its Richardsonian influences result in a unique and simplified application of the style with its classically symmetrical front façade. Page 127 Municipality of Clarington Report PSD-035-19 Page 4 Figure 2: Central Public School Figure 3: Aerial of 120 Wellington Street 2.2 The gable itself exhibits details indicative of the Richardson Romanesque style, including intricate patterned brickwork within and above blind arches over the second storey windows, pressed terra cotta spirals and decorative banding and corbelling. The building also features narrow pilasters with capitals, and variation in the grouping of windows. 2.3 Central Public School, along with its surrounds, illustrates the substantial importance the community placed on education and public access dating back to the late 19th century, and is reminiscent of the community’s past civic events and celebrations. The complete description of the cultural heritage attributes of this property is included in Attachment 1. 3. Haydon Community Hall 3.1 Built in 1876, the Haydon schoolhouse located at 2503 Concession Road 8 is a fine representation of the simple brick building style used for one-room schoolhouses throughout the Township of Darlington in the 19th century. The building is particularly significant because it is one of the oldest rural schoolhouses in Darlington Township still remaining. 3.2 The one-storey, red brick building has a gable roof, six over six windows with brick lintel detailing, and a granite fieldstone foundation. The interior of the schoolhouse still features the original slate chalkboard. Haydon Public School was built for “School Section 21”. The building’s use as a school ceased in 1965, and on December 20th of that year the Public School Board of the Township School Area of Darlington sold it to the Corporation of the Township of Darlington for public purposes. After 1965 the building was referred to as Haydon’s “Club 21”, originally a Home and School club. Today it continues to be well preserved and used as a local community hall and gathering place, and is a well-known Page 128 Municipality of Clarington Report PSD-035-19 Page 5 local landmark. The complete description of the cultural heritage attributes of this property is included in Attachment 2. Figure 4: Haydon Community Hall Figure 5: Aerial of 2503 Concession Rd. 8 4. Protecting Cultural Heritage Resources 4.1 The conservation of significant architectural, cultural, historical and archaeological resources is a matter of provincial interest identified in the Provincial Policy Statement (PPS), 2014 which is reinforced by the Growth Plan, 2019 and the Ontario Heritage Act itself. 4.2 Section 2 of the PPS, 2014 directs that significant built heritage resources that have been determined to have cultural heritage value or interest shall be conserved. The Province is currently undertaking a review of the PPS, 2014. The proposed changes to the PPS, 2014 relating to cultural heritage generally consist of clarification and alignment with amendments to the Ontario Heritage Act recently introduced through Bill 108, and do not appear to affect the designation of the subject properties going forward. Planning staff will continue to monitor the Province’s review. 4.3 Section 4 of the Growth Plan, 2019 identifies cultural heritage resources as valuable assets that must be conserved in order to foster a sense of place, and benefit communities. It is necessary to plan for growth in a manner that protects cultural heritage resources and maximizes their benefits to make our communities unique and attractive places to live. Page 129 Municipality of Clarington Report PSD-035-19 Page 6 5. Legislation Ontario Heritage Act 5.1 The Ontario Heritage Act empowers a municipality to pass a by-law to designate a property that is considered to be of cultural heritage significance. The Clarington Heritage Committee (CHC) is in support of the designation of the subject properties. 5.2 The Ontario Heritage Act outlines the process for designation. The CHC has recommended the designation, as noted above. If Council concurs, the next step is publishing the Notice of Intention to Designate in the locally circulated newspaper. A summary description of the heritage designation process is attached to this report as Attachment 3. 5.3 Once a property is designated by by-law under Part IV of the Ontario Heritage Act, the property owner is required to obtain the consent for any proposed significant alterations to the building’s heritage features that are listed in the designation by-law, or for demolition of all or part of the structure. 5.4 On June 6, 2019 the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Bill 108 amends the Ontario Heritage Act, among numerous other pieces of legislation. Such changes are due to come into force on a day to be named by proclamation of the Lieutenant Governor. Staff will continue to monitor the status of the Ontario Heritage Act amendments, and implement the changes as necessary. A summary of the changes to the Ontario Heritage Act introduced by Bill 108 was included in Planning Services Report PSD-027-19. Region of Durham Official Plan 5.5 Section 2 of the Regional Municipality of Durham Official Plan sets out goals for the preservation of historic and cultural heritage, including built heritage. The Region’s Official Plan encourages Councils of the area municipalities to utilize the Ontario Heritage Act to conserve, protect and enhance the built and cultural heritage resources. Clarington Official Plan 5.6 Section 8 of the Clarington Official Plan, 2018 directs the designation of cultural heritage resources under Part IV of the Ontario Heritage Act, with assistance from the CHC, in support of achieving the Municipality’s cultural heritage objectives. 6. Public Notice 6.1 Under the Ontario Heritage Act notification is required before Council passes a by-law to designate a property. Staff has advised the Kawartha Pine Ridge District School Board by way of a letter in June 2019. Staff has also been in contact with Clarington’s Operations Page 130 Municipality of Clarington Report PSD-035-19 Page 7 Department, and the Haydon Community Hall Board. Notice of this report was provided to property owners in mid-August. 7. Concurrence Not applicable. 8. Conclusion 8.1 The Clarington Heritage Committee and staff are in support of the designation of 120 Wellington Street and 2503 Concession Road 8 as individual designations under Part IV of the Ontario Heritage Act. 8.2 Should no objections be received by the Municipal Clerk within 30 days of publishing the Notice of Intention to designate, the proposed by-laws designating the properties will be forwarded to Council for approval. Alternatively if an objection(s) is received the Clerk will provide a report to Council. 8.3 Upon designation the owners of the properties will be presented with a bronze plaque signifying the significance of the property to the community and the Municipality as a whole. Owners of designated properties are eligible to apply for the Municipality’s Heritage Incentive Grant Program, which provides an opportunity for financial assistance with the costs of repair and restoration of designated heritage properties. Staff Contact: Sarah Allin, Planner, 905-623-3379 ext. 2419 or sallin@clarington.net Attachments: Attachment 1 – 120 Wellington Street; Statement of cultural value and heritage attributes Attachment 2 – 2503 Concession Road 8; Statement of cultural value and heritage attributes Attachment 3 – Heritage designation process Attachment 4 – Proposed Draft By-law for 120 Wellington Street Attachment 5 – Proposed Draft By-law for 2503 Concession Road 8 A list of interested parties is on file with the Planning Services Department. /nl Page 131 Attachment 1 to Report PSD-035-19 1 120 Wellington Street; Central Public School Statement of Significance and List of Character Defining Features Description of Property 120 Wellington Street, Bowmanville is known as Central Public School, and has occupied the site at the northeast corner of Wellington and Elgin Streets since its opening in December 1889. Its school yard extends north to Horsey Street, and the building itself offers a striking terminating vista at the north end of Silver Street. Statement of Cultural Heritage Value or Interest Central School at 120 Wellington Street was built in 1889 on a large parcel of land in the centre of Bowmanville. The School is an imposing two-storey red-brick structure with an Ashlar cut granite foundation built in the Richardson Romanesque style designed by A.A. Post of Whitby. Its Richardsonian influences, which were popular between 1880 and 1900, result in a simplified application of the style with its classically symmetrical façade clad in red brick laid in running course. The building does not appear to have the heaviness generally associated with Romanesque architecture. The original structure featured a square tower and cupola 80 feet high, within was a 400 pound Meneally bell from the Bell foundry in Troy, New York. The central section of the symmetrical front façade projects forward, terminating in a triangular gable. The gable itself exhibits details indicative of the Richardson Romanesque style, including intricate patterned brickwork within and above blind arches over the second storey windows, pressed terra cotta spirals and decorative banding and corbelling. The building also features cross Page 132 2 gables, narrow pilasters with capitals, dentils, wide arches, and variation in the grouping of windows. The interior of the building was originally organized into ten classrooms off of two corridors, which exhibit an arcade effect typical of the Romanesque style. A play area was included in the basement of the school to be used during rainy or stormy weather. Wainscoting in the interior classrooms and corridors is white pine and beaded, finished in oil, and varnished. The original Smead-Dowd heating system was a progressive system of its time and considered to be the best and most economical manner of heating schools. The Central Public School building that exists today replaced an earlier school on the site. The former building, built in 1855, served as the Union School and Town Hall. The Union School took over the entire building when the present Town Hall at King and Temperance Streets was built. Then the Union School burned in 1887 the public sought a centrally located district school that integrated the best aspects of the elementary school program of the time. The high school portion of the former Union School was relocated to the school that formerly occupied 105 Queen Street. The building has undergone modifications over its 130 year history. In 1926 an addition was constructed on the east side of the school. The original slate roof was removed in favour of asphalt shingles around 1955, which have since been replaced by a metal roof. In 1976, the upper portion of the bell tower, including the bell itself, was removed. The bell now occupies a spot on the front lawn. More recently, certain finials have been removed, windows were replaced in 2013, the playground was redone in 2015, and the main entrance was remodeled in 2016. Historical and Contextual In its 130 years of service, Central Public School has reinforced its sense of local comfort, security and public access through its built form (William Humber, Preface, Central Public School, 1889-1989). Central Public School is an institution in Bowmanville, and the building is representative of a period of educational reform in Ontario. Page 133 3 Thousands of students have received their elementary school education at Central Public School. Over the years, there have been a number of graduates who have made notable contributions to local and national history. Dr. Ross Tilley and Hubert Hooper were honoured by the British Empire for their actions during World War Two. Dr. Ross Tilley was recognized for his innovative treatment of burned airmen during World War Two, and went on to become one of Canada’s most successful plastic surgeons. George James and his nephew John became known for their editing and operation of the local Canadian Statesman newspaper. Nina Neads was one of the first successful business women in Bowmanville with her proficiency and entrepreneurship in the insurance industry. Brent Hughes enjoyed a successful career in the National Hockey League, and World Hockey Association, and Elford Cox became a renowned sculptor whose work has been exhibited at the Art Gallery of Ontario, and Vacouver Art Gallery. The school yard at 120 Wellington Street has hosted a circus, carnivals, and local softball games, and still functions as the staging area for Bowmanville’s annual Santa Claus Parade in November. The Central Public School Band has been a Parade staple. Central Public School, along with its surrounds, illustrates the substantial importance the community placed on education and public access dating back to the late 19th century, and is reminiscent of the community’s past and civic events and celebrations. Description of Heritage Attributes Key heritage attributes that exemplify the heritage value of the Central Public School (120 Wellington Street) as an excellent example of Richardson Romanesque architecture include: Exterior: Overall massing of the building and two-storey facades Red brick construction, including the intricately patterned brickwork Granite stone foundation Hipped roof with its cross gables and finials The symmetrical front façade with its projecting central bay and triangular gable Placement of the chimney Placement and variation of the grouping of the windows, including the brick lintels Intricate patterned brickwork within and above blind arches over the second storey windows Doorways topped with semi-circular arches Pressed terra cotta spirals in the gable, and decorative banding and corbelling above the second storey windows Narrow pilasters with capitals, dentils, wide arches Meneally bell (and its placement on the property) “AD 1889” date stone and “Public School” lettering on front façade Corner stone marking the School’s centennial (1889-1989) Page 134 4 Interior: The arcade effect along the corridors, typical of the Romanesque style White pine beaded wainscoting in the classrooms Other character defining elements include: The location of the building on the property, and in the centre of old Bowmanville, and its physical and visual relationship to the streetscape Page 135 Attachment 2 to Report PSD-035-19 1 2503 Concession Road 8; Haydon Community Hall (formerly Haydon Schoolhouse) Statement of Significance and List of Character Defining Features Description of Property 2503 Concession Road 8, known as Haydon Community Hall, is located on the south side of Concession Road 8, east of Charlesville Lane in the hamlet of Haydon in the former Township of Darlington. Statement of Cultural Heritage Value or Interest The lands on which the Haydon schoolhouse was built were originally part of the Weldon property, according to the Durham County Map (1861). Built in 1876 as the settlement was expanding, the Haydon schoolhouse is fine representation of the simple brick building style used for one-room schoolhouses throughout the Township of Darlington in the 19th century. The building is particularly significant because it is one of the oldest rural schoolhouse in Darlington Township still remaining, in addition to the fact that it has been relatively unaltered. The one-storey, one-room, rectangular and symmetrical red brick building has a gable roof, and six over six windows with brick lintel detailing, and a granite fieldstone foundation. The interior of the schoolhouse still features the original slate chalkboard. Although the structure appears much as it was when it was constructed, the entrance porch on the west side was enlarged, and its west wall clad in metal siding. The original belfry has been removed. Page 136 2 The schoolhouse was likely based on a design first published in the Canada Farmer newspaper in the 1860s, which set a pattern for schoolhouses built in rural communities as they were needed. The hamlet of Haydon was originally known as the village of Charlesville, and Concession Rd. 8 was once known as Charles Street. The settlement of Haydon grew around a tributary of the Bowmanville Creek, and a three-storey grist and saw mill established by Charles Somers Bates in 1847, who had been a Leiutenant in the local militia. At one time, the mill existed amongst the forest, and lumber contributed to the growth of the local economy. The mill was later owned by John Rowse, and Robert and Arthur Reid, and is thought to have operated until approximately 1940 and was demolished in 1973. Haydon Public School was built for “School Section 21”. The building’s use as a school ceased in 1965, and on December 20th of that year the Public School Board of the Township School Area of Darlington sold it to the Corporation of the Township of Darlington for public purposes. After 1965 the building was referred to as Haydon’s “Club 21”, originally a Home and School club. Today it continues to be well preserved and used as a local community hall and gathering place, and is a well-known local landmark. There are several old trees on the property that contribute to its contextual and historical significance. Description of Heritage Attributes Key heritage attributes that demonstrate the heritage value of the Haydon Community Hall (and former schoolhouse) include: Red brick construction with gable roof Original location, size, and massing Windows, each 6 over 6 Page 137 1. Designation by Municipal Bylaw (Section 29 of the Ontario Heritage Act) Property listed on municipal and provincial registers Property listed on Canadian Register Notice of Designation: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Notice of Withdrawal of Intention to Designate: 1. Served on property owner 2. Served on OHT 3. Published in newspaper Designating bylaw passed & registered on title Property not designated Property not designated Designation proposed Council consults with MHC Objections within 30 days? Notice of Intention to Designate: 1. Served on property owner 2. Served on OHT 3.Published in newspaper Objection referred to CRB for hearing Notice of Hearing published in newspaper CRB hearing and report Council considers CRB Report YES YES NO NO YES NO Council Decision: Designate property? Council Decision: Proceed with designation? Designating Heritage Properties • Appendix: Flowcharts 34 Page 138 Attachment 4 to Municipality of Clarington Report PSD-035-19 The Corporation of the Municipality Of Clarington By-Law 2019 – Being a by-law to designate the property known for municipal purposes as 120 Wellington Street, 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.O. 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 120 Wellington Street, 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_________ ; 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 120 Wellington Street, 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 120 Wellington Street, 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. Page 139 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 ____ day of _____, 2019 _____________________________ C. Anne Greentree, Municipal Clerk ___________________________ Adrian Foster, Mayor Page 140 Schedule 'A' To By-law 2019- Statement of Significance and List of Character Defining Features Description of Property 120 Wellington Street, Bowmanville is known as Central Public School, and has occupied the site at the northeast corner of Wellington and Elgin Streets since its opening in December 1889. Its school yard extends north to Horsey Street, and the building itself offers the striking terminating vista at the north end of Silver Street. Statement of Cultural Heritage Value or Interest Central School at 120 Wellington Street was built in 1889 on a large parcel of land in the centre of Bowmanville. The School is an imposing two-storey red-brick structure with an Ashlar cut granite foundation built in the Richardson Romanesque style designed by A.A. Post of Whitby. Its Richardsonian influences, which were popular between 1880 and 1900, result in a simplified application of the style with its classically symmetrical façade clad in red brick laid in running course. The building does not appear to have the heaviness generally associated with Romanesque architecture. The original structure featured a square tower and cupola 80 feet high, within was a 400 pound Meneally bell from the Bell foundry in Troy, New York. The central section of the symmetrical front façade projects forward, terminating in a triangular gable. The gable itself exhibits details indicative of the Richardson Romanesque style, including intricate patterned brickwork within and above blind arches over the second storey windows, pressed terra cotta spirals and decorative banding and corbelling. The building also features cross gables, narrow pilasters with capitals, dentils, wide arches, and variation in the grouping of windows. The interior of the building was originally organized into ten classrooms off of two corridors, which exhibit an arcade effect typical of the Romanesque style. A play area was included in the basement of the school to be used during rainy or stormy weather. Wainscoting in the interior classrooms and corridors is white pine and beaded, finished in oil, and varnished. The original Smead-Dowd heating system was a progressive system of its time and considered to be the best and most economical manner of heating schools. The Central Public School building that exists today and replaced an earlier school on the site. The former building, built in 1855, served as the Union School and Town Hall. The Union School took over the entire building when the present Town Hall at King and Temperance Streets was built. Then the Union School burned in 1887 the public sought a centrally located district school that integrated the best aspects of the elementary school program of the time. The high school portion of the former Union School was relocated to the school that formerly occupied 105 Queen Street. Page 141 The building has undergone modifications over its 130 year history. In 1926 an addition was constructed on the east side of the school. The original slate roof was removed in favour of asphalt shingles around 1955, which have since been replaced by a metal roof. In 1976, the upper portion of the bell tower, including the bell itself, was removed. The bell now occupies a spot on the front lawn. More recently, certain finials have been removed, windows were replaced in 2013, the playground was redone in 2015, and the main entrance was remodeled in 2016. Historical and Contextual In its 130 years of service, Central Public School has reinforced its sense of local comfort, security and public access through its built form (William Humber, Preface, Central Public School, 1889-1989). Central Public School is an institution in Bowmanville, and the building is representative of a period of educational reform in Ontario. Thousands of students have received their elementary school education at Central Public School. Over the years, there have been a number of graduates who have made notable contributions to local and national history. Dr. Ross Tilley and Hubert Hooper were honoured by the British Empire for their actions during World War Two. Dr. Ross Tilley was recognized for his innovative treatment of burned airmen during World War Two, and went on to become one of Canada’s most successful plastic surgeons. George James and his nephew John became known for their editing and operation of the local Canadian Statesman newspaper. Nina Neads was one of the first successful business women in Bowmanville with her proficiency and entrepreneurship in the insurance industry. Brent Hughes enjoyed a successful career in the National Hockey League, and World Hockey Association, and Elford Cox became a renowned sculptor whose work has been exhibited at the Art Gallery of Ontario, and Vacouver Art Gallery. The school yard at 120 Wellington Street has hosted a circus, carnivals, and local softball games, and still functions as the staging area for Bowmanville’s annual Santa Claus Parade in November. The Central Public School Band has been a Parade staple. Central Public School, along with its surrounds, illustrates the substantial importance the community placed on education and public access dating back to the late 19th century, and is reminiscent of the community’s past and civic events and celebrations. Description of Heritage Attributes Key heritage attributes that exemplify the heritage value of the Central Public School (120 Wellington Street) as an excellent example of Richardson Romanesque architecture include: Exterior: Overall massing of the building and two-storey facades Red brick construction, including the intricately patterned brickwork Page 142 Granite stone foundation Hipped roof with its cross gables and finials The symmetrical front façade with its projecting central bay and triangular gable Placement of the chimney Placement and variation of the grouping of the windows, including the brick lintels Intricate patterned brickwork within and above blind arches over the second storey windows Doorways topped with semi-circular arches Pressed terra cotta spirals in the gable, and decorative banding and corbelling above the second storey windows Narrow pilasters with capitals, dentils, wide arches Meneally bell (and its placement on the property) “AD 1889” date stone and “Public School” lettering on front façade Corner stone marking the School’s centennial (1889-1989) Interior: The arcade effect along the corridors, typical of the Romanesque style White pine beaded wainscoting in the classrooms Other character defining elements include: The location of the building on the property, and in the centre of old Bowmanville, and its physical and visual relationship to the streetscape Page 143 Schedule 'B' To By-law 2019- Legal Description: Pt Lot 12, Con. 1; Lot 204 Blk H, Bowman Estate Plan Bowmanville Pt Lot 12, Con. 1; Lot 211 Blk H, Bowman Estate Plan Bowmanville Pt Lot 12, Con. 1; as in DNP697, Bowmanville Municipality of Clarington Regional Municipality of Durham PIN 26626-0095 (R) PIN 26625-0060 (R) Legal Description of unnamed lane: Pt Lot 12, Con. 1; unnamed lane between Union School & Lot 204, Blk H, Bowman Estate Plan, Bowmnaville PIN 26626-0103 (LT) Page 144 Attachment 5 to Municipality of Clarington Report PSD-035-19 The Corporation of the Municipality Of Clarington By-Law 2019 – Being a by-law to designate the property known for municipal purposes as 2503 Concession Road 8, Darlington, 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.O. 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 2503 Concession Road 8, Darlington 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_________ ; 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 2503 Concession Road 8, Darlington, 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 2503 Concession Road 8, Darlington 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. Page 145 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 on this ____ day of _____, 2019 _____________________________ C. Anne Greentree, Municipal Clerk ___________________________ Adrian Foster, Mayor Page 146 Schedule 'A' To By-law 2019- Statement of Significance and list of character defining features. Description of Property 2503 Concession Road 8, known as Haydon Community Hall, is located on the south side of Concession Road 8, east of Charlesville Lane in the hamlet of Haydon in the former Township of Darlington. Statement of Cultural Heritage Value or Interest The lands on which the Haydon schoolhouse was built were originally part of the Weldon property, according to the Durham County Map (1861). Built in 1876 as the settlement was expanding, the Haydon schoolhouse is fine representation of the simple brick building style used for one-room schoolhouses throughout the Township of Darlington in the 19th century. The building is particularly significant because it is the oldest rural schoolhouse in Darlington Township still remaining, in addition to the fact that it has been relatively unaltered. The one-storey, one-room, rectangular and symmetrical red brick building has a gable roof, and six over six windows with brick lintel detailing, and a granite fieldstone foundation. The interior of the schoolhouse still features the original slate chalkboard. Although the structure appears much as it was when it was constructed, the entrance porch on the west side was enlarged, and its west wall clad in metal siding. The original belfry has been removed. The schoolhouse was likely based on a design first published in the Canada Farmer newspaper in the 1860s, which set a pattern for schoolhouses built in rural communities as they were needed. The hamlet of Haydon was originally known as the village of Charlesville, and Concession Rd. 8 was once known as Charles Street. The settlement of Haydon grew around a tributary of the Bowmanville Creek, and a three-storey grist and saw mill established by Charles Somers Bates in 1847, who had been a Leiutenant in the local militia. At one time, the mill existed amongst the forest, and lumber contributed to the growth of the local economy. The mill was later owned by John Rowse, and Robert and Aurther Reid, and is thought to have operated until approximately 1940 and was demolished in 1973. Haydon Public School was built for “School Section 21”. The building’s use as a school ceased in 1965, and on December 20th of that year the Public School Board of the Township School Area of Darlington sold it to the Corporation of the Township of Darlington for public purposes. After 1965 the building was referred to as Haydon’s “Club 21”, originally a Home and School club. Today it continues to be well preserved and used as a local community hall and gathering place, and is a well-known local Page 147 landmark. There are several old trees on the property that contribute to its contextual and historical significance. Description of Heritage Attributes Key heritage attributes that demonstrate the heritage value of the Haydon Community Hall (and former schoolhouse) include: • Red brick construction with gable roof • Original location, size, and massing • Windows, each 6 over 6 Page 148 Schedule 'B' To By-law 2019- Legal Description: Part of Lot 13, Concession 7, Darlington, As In N39491 Municipality of Clarington Regional Municipality of Durham PIN 26735-0081 (LT) Page 149 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: PSD-036-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Faye Langmaid Resolution #: Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: S-C-2017-0010 (Cross reference ZBA2017-0032) Report Subject: Application by National Homes (Prestonvale) Inc. to permit a 112 unit townhouse development at the northeast corner of Prestonvale Road and Bloor Street, Courtice Recommendations: 1. That Report PSD-036-19 be received; 2. That the application for Draft Plan of Subdivision (S-C-2017-0010) submitted by National Homes (Prestonvale) Inc. be supported subject to conditions as generally contained in Attachment 1 to Report PSD-036-19; 3. That no further public meeting is required for future application for Common Elements Condominium; 4. That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-036-19 and Council’s decision; and 5. That all interested parties listed in Report PSD-036-19 and any delegations be advised of Council’s decision. Page 150 Municipality of Clarington Report PSD-036-19 Page 2 Report Overview This is a recommendation report relating to the application for a Draft Plan of Subdivision by National Homes (Prestonvale) Inc. on a 5.158 hectare parcel at the northeast corner of Prestonvale Road and Bloor Street in Courtice. The proposed revised draft plan of subdivision would create 3 blocks (2.289 hectares) for a 112 unit townhouse block, an open space block (2.691 hectares) and blocks for road widenings. The related rezoning application was appealed based on the lack of decision made under the prescribed time frames of the Planning Act. A settlement was presented to the Local Planning Appeal Tribunal on July 29, 2019 in accordance with Council’s endorsement from July 2, 2019. The Local Planning Appeal Tribunal has not issued a decision on the Zoning By-law Amendment presented at the settlement hearing, however a decision is expected this Fall. The conditions of draft approval include a condition that requires the rezoning of the subject lands prior to final approval. 1. Application Details 1.1. Owner/Applicant: National Homes (Prestonvale) Inc. 1.2. Agent: Weston Consulting 1.3. Proposal: Proposed revised draft plan of subdivision To create three blocks (2.289 ha) for 112 condominium townhouse units on a private lane network, an open space block and road widenings. 1.4. Area: 5.158 hectares 1.5. Location: Northeast corner of Prestonvale Road and Bloor Street, Courtice, Part of Lot 33, Concession 2, Former Township of Darlington 1.6. Roll Number: 1817 010 060 07000 and 1817 010 060 06810 1.7. Within Built Boundary: The site is partially within the Built Boundary Page 151 Municipality of Clarington Report PSD-036-19 Page 3 2. Background 2.1 The subject applications were deemed complete on November 30, 2017 and circulated to staff and agencies for comments. The Preliminary Site Plan Concept (Figure 1) shows the layout of townhouse blocks on a network of private lanes with access points along Prestonvale Road. The current proposed unit mix is: 56 – 2-3 storey conventional townhouse units 18 – 3 storey dual frontage townhouse units 38 – 3½ storey stacked townhouse units 2.2 The draft plan of subdivision (Figure 2) proposes 3 blocks to accommodate the townhouse development, blocks for road widenings along both Prestonvale Road and Bloor Street, and the balance being an Open Space block (2.691 hectares) reflecting the location of Robinson Creek and valley system. 2.3 A number of studies and reports were submitted in support of the application, including addenda reports, and are summarized in Section 7 of this report: 2.4 The applicant hosted a Public Information Centre at Dr. G. J. MacGillivray Public School on February 7, 2018, followed by the Statutory Public Meeting on April 3, 2019. A summary of submissions is provided in Section 8 of this report. 2.5 Since the Public Meeting Report, the applicant has worked towards resolving staff, agency and public comments. The latest draft plan of subdivision, and preliminary concept site plan have been revised as follows: Increased the limit of lands to be protected and forming part of the Open Space to address comments from the Clarington Staff and the Conservation Authority; Instead of one single townhouse block, the draft plan now shows 3 distinct blocks to accommodate the proposed townhouse units; Block and unit reconfiguration resulting in a refined concept plan. Page 152 Municipality of Clarington Report PSD-036-19 Page 4 Figure 1: Preliminary Site Plan Concept Page 153 Municipality of Clarington Report PSD-036-19 Page 5 Figure 2: Current proposed draft plan of subdivision Page 154 Municipality of Clarington Report PSD-036-19 Page 6 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are currently vacant, with a section of the Robinson Creek valley system running north-south along the eastern edge of the subject lands. The table lands closest to Prestonvale Road and Bloor Street are relatively flat, but then slope to the east toward the valley (See Figure 3). Figure 3: Northeast View of subject lands from Prestonvale Road/Bloor Street 3.2 The surrounding uses are as follows: North - Existing rural residential properties along Prestonvale Road South - 140 unit apartment/townhouse site, and 74 single detached units in draft approved plan of subdivision (S-C-2012-0001) East - Existing rural residential properties along Bloor Street; vacant land and the Robinson Creek Valley West - Existing residential neighbourhood; Dr. G.J. MacGillivray Public School 4. Provincial Policy Provincial Policy Statement 4.1 The Provincial Policy Statement identifies settlement areas as the focus of growth. Land use patterns shall be based on densities and a mix of land uses that efficiently use land, resources and infrastructure. 4.2. Opportunities for redevelopment and intensification must be promoted. Municipalities must provide a variety of housing types and densities, and a range of housing options that are affordable to the area residents. Page 155 Municipality of Clarington Report PSD-036-19 Page 7 4.3 Healthy and active communities should be promoted by planning public streets to be safe, meet the needs of pedestrians, foster social interaction and facilitate active transportation and community connectivity. Compact and diverse developments promote active modes of transportation such as walking and cycling. 4.4 The application is consistent with the Provincial Policy Statement. Provincial Growth Plan 4.5 The subject lands are partially within the defined Built Boundary of Courtice and partially designated as Greenfield Area. 4.6 Growth will be accommodated by directing a significant portion of new growth to the built up areas through intensification and efficient use of existing services and infrastructure. A minimum of 40 percent of all residential development occurring annually within each upper tier municipality will be within the built up area. 4.7 Within Greenfield Areas, the Growth Plan establishes minimum density targets for residents and jobs. The current target is 50 residents and jobs per hectare measured across the Greenfield area. 4.8 The development of complete communities is encouraged by promoting a diverse mix of land uses, a mix of employment and housing types, high quality public open space and easy access to local stores and services. New transit-supportive and pedestrian- friendly developments will be concentrated along existing and future transit routes. 4.9 The application satisfies the objectives of the Growth Plan. 5. Official Plans Durham Regional Official Plan 5.1 The subject lands are designated Living Area and located along a Regional Corridor. Regional Corridors are higher density mixed use areas, supporting higher order transit services and pedestrian oriented development. Corridors link Urban Growth Centres and Regional Centres, with a focus on active transportation and transit routes. 5.2 Regional Corridors shall support an overall, long-term density target of at least 60 residential units per gross hectare and a floor space index of 2.5. Built form should be a wide variety of building forms, generally mid-rise in height, with some higher buildings. Page 156 Municipality of Clarington Report PSD-036-19 Page 8 5.3 Living Areas and Corridors shall be developed based on the following principles: Compact, higher density and transit-supportive urban form; Urban Design to orient development to the corridor with consolidated access points; Linkages for pedestrians and cyclists to link communities and the transit system; Integrating new development with existing historical main streets and enhancing cultural heritage resources. 5.4 Bloor Street is identified as a Type A Arterial Road, and a designated Transit Spine. In support of existing and future transit services, development adjacent to Transit Spines shall provide for higher densities and mixed uses, buildings oriented toward the street to reduce walking distance to transit, facilities which support non-auto modes (bus shelters, trails, cycling facilities) and limited surface parking. 5.5 The lands are partially within the Built Boundary and partially in the Greenfield area. On an annual basis, a minimum of 40 percent of all residential development is to occur through intensification inside the Built Boundary across the Region. The Clarington urban areas shall be planned to accommodate a minimum 32 percent of all residential development occurring annually through intensification within the built-up area. The target of 50 people and jobs combined per gross hectare applies to the Greenfield area. 5.6 Key Natural Heritage and Hydrologic Features are identified on the subject lands. The location and extent are to be confirmed through appropriate studies including an Environmental Impact Study, including the required vegetation protection zone. 5.7 The application conforms to the Regional Official Plan. Clarington Official Plan 5.8 The Clarington Official Plan designates the lands adjacent to Bloor Street as a Regional Corridor. Remaining lands are designated Urban Residential and Environmental Protection area. The Urban Residential lands are considered to be internal to the neighbourhood according to the Official Plan’s locational criteria.. 5.9 Regional Corridors have a minimum net density of 85 units per hectare, with buildings heights ranging between 3 and 12 storeys. Corridors permit mixed use buildings and apartments, while internal to the neighbourhood is to be a mix of single detached, semi-detached and limited townhouse units, between 1 and 3 storeys. 5.10 Regional Corridors are identified as part of the Priority Intensification Areas which have the greatest mix of uses, heights and densities. These areas are the focus of designing the public realm and targeted for the investment in public infrastructure. Corridors are approximately 100 metres deep. Page 157 Municipality of Clarington Report PSD-036-19 Page 9 5.11 Development in Corridors and Priority Intensification Areas will be designed to: Have buildings sited near the street line to contribute to a sense of enclosure and a strong street edge; Recognize the historic context; Provide active ground floor uses, with entrances directly to the street; Good urban design with an enhanced pedestrian environment Provide transitions in scale to areas of lower density Optimize the use of solar energy through building orientation and design; Minimize adverse shadow and wind impacts. 5.12 Multi-unit residential development will be developed on the basis of the following site development criteria: Suitability of the size and shape of the site; Compatibility with the surrounding neighbourhood; Minimize impact of traffic on local streets; Multiple and direct vehicular accesses from public streets, without reliance on easements; Variety of unit designs; Townhouses sited on blocks shall generally not exceed 50 units. 5.13 Natural Heritage Features, including the Robinson Creek, valley and woodlands are present on the subject lands. Studies will determine the appropriate development limit and buffers in accordance with the Official Plan. 5.14 The lands are located at the intersection of a Prestonvale Road (Type C Arterial Road is deferred by the Region of Durham) and Bloor Street (Type A Arterial Road). Arterial Roads have limitations with respect to access location and spacing. Noise generated from arterial road traffic is to be mitigated. 5.15 The application conforms to the Clarington Official Plan 6. Zoning By-law 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) Zone. A rezoning is required to place lands in appropriate residential zones to implement the draft plan of subdivision. Open space lands and their buffers would be placed in the Environmental Protection (EP) Zone. 6.2 The concurrent Zoning By-law Amendment application was appealed on March 29, 2018 under the Planning Act provision where a decision is not made within the prescribed timeframe of 120 days. At the settlement hearing on July 29, 2019. A Zoning By-law Amendment was presented to the Local Planning Appeal Tribunal. The Zoning By-law Amendment has the effect of permitting the requested density and unit mix, while placing the Open Space lands in the Environmental Protection Zone. Page 158 Municipality of Clarington Report PSD-036-19 Page 10 6.3 The Zoning By-law amendment also establishes special conditions for allowing development to proceed by the lifting of the Holding Symbol following: i. Approval of the location and design of an outlet for stormwater management; ii. Approval of a tree removals and compensation plan iii. Final approval of the subdivision, clearing of subdivision conditions, approval of site plan drawings and execution of the development agreement. 7. Summary of Background Studies Planning Justification Report, Weston Consulting, October 2017 7.1 The report provides planning analysis and justification for the proposal. In summary, the applicant’s planner provided the opinion that the proposed development and associated development applications are based on good planning and urban design principles and supported by applicable policies and the technical and supporting studies. The author provides the opinion that the proposed development represents good planning and should proceed through the process prescribed by the Planning Act. Preliminary Urban Design Brief, Weston Consulting, October 2017 7.2 This preliminary brief provides an urban design concept to demonstrate the proposed vision and character of the proposed development. An inventory of existing development in the neighbourhood is included in the report. The surrounding context is predominantly low rise residential (2-3 storeys) with nearby commercial and institutional uses including a plaza and a school. The proposed built form is suggested to be generally consistent with the neighbourhood, and will promote connectivity, preserve and enhance the natural environment and preserve the neighbourhood character. The development will offer a traditional style of architecture. Functional Servicing and Preliminary Stormwater Management Report, last revised May 2019 7.3 The Functional Servicing and Stormwater Management Report finds that water and sanitary services are available to service the development. Stormwater management will be provided on-site. Stormwater will be collected and stored in underground storage tanks with a controlled outlet to Robinson Creek Valley. The report identifies that stormwater quality treatment can be provided with catch-basin shields and an oil- grit separator. Transportation Impact Study, BA Group, last revised January 2019 7.4 The report finds that there will be no negative impacts to intersections and roads as a result of the development. Roads and intersections are designed to accommodate the new traffic and will operate well today and in the future. Active transportation will be promoted by connections along Prestonvale Road and Bloor Street in the form of sidewalks and multi-use paths, with connections through the site to a future valley trail. Page 159 Municipality of Clarington Report PSD-036-19 Page 11 Noise Control Feasibility Study, SS Wilson Associates, last revised January 2019 7.5 A Noise Control Feasibility Study assessed road noise in accordance with Ministry of Environment, Conservation and Parks guidelines. Units fronting on Bloor Street and Prestonvale will require central air conditioning to ensure windows can be closed to mitigate traffic noise, and will require upgraded building materials (walls, windows and doors) to meet acoustic insulation factors. Interior blocks closest to Bloor Street will require the ducting to accommodate air conditioning in the future. The report provides warning clauses for agreements of purchase and sale. 7.6 An updated Noise Study, based on final grading and site design, will be required as a condition of final approval to ensure the development agreements include appropriate conditions to mitigate noise and warning clauses. Environmental Impact Study, Niblett Environmental Associates, last revised May 2019 7.7 The study provides an inventory of the vegetation communities on the site. The consultant assessed the site for rare species, wildlife habitat and breeding birds. Finally, the report provides a development limit that defines the woodland and valley feature together with buffers in accordance with the Clarington Official Plan. 7.8 The consultant notes that the proposal would result in the loss of vegetation within the development area. While the vegetation provides some cover for wildlife, the vegetation to be removed is either invasive (i.e. Scots pine), lacks diversity and understory vegetation or is uncharacteristic with the rest of the community. These areas are outside of the adjacent valley feature and not considered significant or part of the Natural Heritage System. Compensation will be required for these areas. 7.9 The study finds the development of the property will not have a significant impact on the natural heritage system, EP area, significant valleyland, wetland or Robinson Creek provided the mitigation measures and recommendations are implemented. A number of recommendations regarding the protection of the adjacent wildlife habitat have been made to minimize impacts during the site preparation, construction and post‐construction period. Slope Stability Investigation, Sirati & Partners, las revised January 2019 7.10 This technical report defines the long-term stable top of the valley in accordance with guidelines from Ministry of Natural Resources and the Conservation Authority. The stable slope is defined by existing soil, groundwater and grade conditions, and ensuring the limit is protected during construction and post-development. The development must be beyond the limit of stable slope and must adhere to the recommendations of the report. Page 160 Municipality of Clarington Report PSD-036-19 Page 12 Hydrogeological Report, Sirati & Partners, last revised May 2019 7.11 A Hydrogeological Impact Study was prepared to determine groundwater conditions. This study analyses the condition of base flow of water; impacts to area wells used for drinking water; provides techniques to be used during construction to address groundwater impacts; and reviews opportunities for Low Impact Development measures to encourage the recharge of groundwater. The study considers the hydrogeological impacts resulting from the proposed development negligible. 7.12 The report recommends the following techniques to encourage infiltration and achieve a water balance: Discharge of roof run off to grassed areas Use of infiltration trenches and perforated pipes Provision of extra thick top soil Gradual slopes in open areas and backyards Preliminary Tree Preservation and Compensation Plans 7.13 The applicant has engaged a Landscape Architect to determine which trees around the perimeter of the site that can be protected; an inventory of the trees within the development limit to be removed, and a plan for compensation plantings. The concept of compensation is approved in principal however further study and examination of areas for compensation is required. Archaeological Assessment 7.14 A Stage 1 and 2 Archaeological Assessment was completed for the subject lands. The assessment did not identify any archaeological resources or sites requiring further assessment and no further study is required. Environmental Site Assessment and Soils Report 7.15 The Phase One Environmental Site Assessment recommended further study and soil testing given previous fill activities, agricultural uses and historical heating systems of adjacent properties (i.e. underground oil tanks). A subsequent report indicated no exceedances from the soil sampling taken onsite. A condition of subdivision approval requires completion of environmental site assessments in accordance with provincial and regional regulations. A condition of approval will require clearance on an updated Environmental Site Assessment from the Region of Durham. 8. Public Process and Submissions 8.1 A Public Information Centre was held on February 7, 2018 followed by the Statutory Public Meeting held on April 3, 2018. Notification was provided via Canada Post to all property owners within 120 metres, signage on the property, posting on the municipal website and included in the Planning Services Department E-update. Page 161 Municipality of Clarington Report PSD-036-19 Page 13 8.2 A total of 15 area residents registered as interested parties during the initial consultation period in early 2018. However through the appeal process, 3 of those interested parties had participant status. 8.3 Issues raised during the review of the subject subdivision application and rezoning include: The proposal has too much density; Development does not fit in with character of adjacent lots; provide a similar design to neighouring dwellings; taller buildings should be at rear; opposed to 4 storey stacked townhouse units; The ability of road network and site design to accommodate traffic and parking; Protection of open space from development; Construction impacts to existing residents from blowing dirt, garbage and noise; Safety will be compromised by additional traffic and population; Impact to trees and vegetation, specific concern about trees/hedges along mutual property lines; Loss of privacy; Negative impact to property values; Lack of services and amenities such as a grocery store and gas station in the area; Request no interference with natural drainage; Request involvement through drafting of zoning by-law amendment and site plan application related to items such as fences, on-street parking within site plan area. 9. Agency Comments Regional Municipality of Durham 9.1 The Region of Durham has confirmed the lands are within a Regional Corridor with a gross density target of 75 units per hectare, and a target floor space index of 2.5. The Region finds the density and building form, of approximately 45 units per hectare, will contribute to the corridor targets. 9.2 Regional Planning has provided standard conditions related to site contamination, noise impacts and archaeological potential. 9.3 The Region acknowledges that the Conservation Authority must be satisfied on the findings and recommendations of the Environmental Impact Study prior to development. 9.4 There are no constraints with respect to water and sanitary services for the development. The findings of the Functional Servicing Report are satisfactory, provided the appropriate sanitary sewer design calculations are provided. Final servicing details will be implemented at the site plan stage. 9.5 The site plan drawings must satisfy the design criteria for municipal waste pickup and will be conditions of approval. Page 162 Municipality of Clarington Report PSD-036-19 Page 14 9.6 The Region is satisfied that the findings of the Traffic Study confirm the development will not have a significant impact on the Regional road network. A regional road widening is required along Bloor Street. The Region also requests as a condition of approval that National Homes provide access easements over their lands to allow access for the adjacent Bloor Street properties as they redevelop. Central Lake Ontario Conservation Authority 9.7 CLOCA has provided their concurrence on the development limit, as supported by the Environmental Impact Study, Geotechnical and Soils Investigations and the Slope Stability Study. A site visit confirmed top-of-bank along the valley system. 9.8 CLOCA recognizes that additional design work and justification must be completed with respect to stormwater management, low impact development measures, design and location of the outlet in the valley, and tree removals and compensation. This work will be prepared by qualified consultants, including an update to the Environmental Impact Study. CLOCA supports the special conditions for the removal of the Holding Symbol on the zoning and conditions of draft approval will ensure the technical studies are complete prior to development. 9.9 Any proposed compensation and enhancement is to occur prior to the removal of the feature itself. The compensation plan will also including a monitoring program. 9.10 CLOCA has provided conditions of approval and are included in Attachment 1. Kawartha Pine Ridge District School Board 9.11 The School Board has no concerns at this time and request updates regarding changes to the proposal that may impact future school accommodation plans. Elementary students (JK to Grade 6) will attend Dr. G.J. MacGillivray Public School, while students in Grades 7 to 12 will attend Courtice Secondary School. Other Agencies 9.12 Canada Post, Enbridge, Rogers have provided standard comments and conditions of approval. 10. Departmental Comments Engineering Services 10.1 Engineering Services has no objection to the draft plan approval of the residential and open space blocks. The proposed access locations are acceptable. The preliminary site plan concept demonstrates that sufficient on-site visitor parking can be provided in accordance with the Zoning By-law. 10.2 Consistent with CLOCA comments, further design work is required for the stormwater outlet. The outlet must be located at the toe of the slope, close to the watercourse to prevent erosion concerns. Since the outlet and underground pipes will be within the Page 163 Municipality of Clarington Report PSD-036-19 Page 15 Municipality’s Open Space, an easement must be granted to the developer/condominium corporation who will be responsible for future maintenance and operation of the outlet. 10.3 A condition of approval will require the development to accommodate the future valley trail network. 10.4 A 6 metre road widening is required along Prestonvale Road. 10.5 Through the site plan application, additional detailed work will be required for stormwater management. Technical comments were provided to the applicant at the time of recent preconsultation for the site plan application. 10.6 The developer will be required to construct a sidewalk along Prestonvale Road and a multi-use path along Bloor Street to provide pedestrian connections. 10.7 A cash-in-lieu of parkland payment will be required. 10.8 Standard comments are provided relating to site alteration, road occupancy, road excavation and boulevard works, on-site parking, phasing, provision of sidewalks, and financial requirements. Emergency and Fire Services 10.9 Clarington Emergency and Fire Services has no objections to the proposed draft plan of subdivision and rezoning. Detailed comments have been provided relating the designation of fire routes and turning radius, painting of private hydrants and fire route signage which will be reflected on the approved site plan drawings. 11. Discussion 11.1 The southerly part of this site is located along a Regional Corridor. Regional Corridors have a target of 60 units per gross hectare in the Region’s Official Plan and 85 units per net hectare under the Clarington Official Plan. 11.2 Transit supportive, higher density and compact built form is directed along Corridors in Provincial, Regional and Clarington Planning documents. Bloor Street provides a direct connection to Oshawa and existing GO transit facilities to the west, and toward Courtice Road and the future Courtice GO Train site to the east. Development of the subject lands must support future transit initiatives. 11.3 Based on the polices, density and built form along the Bloor Street corridor, it has the potential to be quite significant based on the urban structure of the Clarington Official Plan. Apartment buildings up to a height of 12 storeys could be located along Bloor Street. Through the review of the application and in discussions with the applicant it was determined that the proposed density and built form of stacked townhouse units conforms at the low end of the corridor policies of both the Region’s and Clarington’s Official Plan. Page 164 Municipality of Clarington Report PSD-036-19 Page 16 11.4 At the time of the public meeting and during negotiation as part of the appeal of the Zoning By-law Amendment, the major issues resolved include: Achieving Regional Corridor targets for density and built form 11.4.1 Planning Staff are satisfied that the density and built form conforms to Provincial and Regional planning policy, and the Clarington Official Plan with respect to Regional Corridors and residential neighbourhoods. The stacked townhouse development on Block 3 are 3½ storeys tall and provide a density of 85 units per hectare which conforms to the density target of the Clarington official Plan for the Regional Corridor. Satisfying the Clarington Official Plan relating to multi-unit residential development including a maximum size of townhouse blocks being 50 units, together with introducing a new public street through the development with a potential future connection to Meadowglade Road 11.4.2 Planning, Engineering and CLOCA staff have determined that introducing a public road network on the east side of Prestonvale Road between Bloor and Meadowglade is not feasible due to grades and environmental impacts. To address the policy on limiting townhouse blocks to a maximum of 50 units, the applicant has divided the residential lands into 3 blocks, versus 1 block. This assists in breaking up the development, however without the introduction of a public street, Staff are satisfied that this development meets the objectives of the policy to the extent possible. Through the site plan process staff will look at ways through site design to create smaller nodes of townhouse blocks versus one large development. The goal is to provide the look and feel of smaller sub-communities within a large townhouse development. Protection of Natural Heritage and providing the buffers as required by the Clarington Official Plan: Based on comments from CLOCA and initial review of the supporting EIS document, the application does not conform to the policies of the Clarington Official Plan in terms of establishing development limits 11.4.3 The applicant has adjusted the development limit to satisfy staff and CLOCA comments and to be consistent with the buffers required by the Clarington Official Plan. The applicant is required to finalize a tree removal and compensation plan and provide details and justification on the stormwater outlet in the valley. These conditions are provided as special conditions for removal of the Holding symbol, and included as conditions of draft approval (Attachment 1). These conditions must be fulfilled prior to any on-site grading or development. Pedestrian linkages to surrounding road network and trail within the valley system; 11.4.4 The development plan accommodates a trail within the buffer to the valley system. This will be a condition of subdivision and site plan approval. Additional connections through the development and public access will Page 165 Municipality of Clarington Report PSD-036-19 Page 17 continue to be considered during the site plan review process. The developer will be required to establish legal easements across the site plan area for public access to the valley from Prestonvale Road and points west. Integration of remaining residential parcels between Meadowgalde Road and Bloor Street through a Master Block Plan process. 11.4.5 The Applicant has provided concepts of how neighbouring lands can redevelop. The development of external parcels may rely on access through the subject development given grade and access limitations, especially along Bloor Street which falls in grade toward to east. National Homes has agreed to this in principle and is a condition of approval. Addressing Comments and Concerns from Neighbouring Residents 11.5 Public comments raised during the public consultation process and during consideration of the appeal have been addressed to the extent possible. Those concerns can be categorized into two – those that didn’t want the development to proceed, leaving the lands as is; and those that understand the development is permitted by the policy framework of the Province and the under the Regional and Clarington Official Plans, but requested the developer consider certain items related to detailed design or site plan matters. 11.6 During the appeal discussions, National Homes has reached out to the three participants who directly abut the development. Items such as height of abutting units, impact to existing fencing and hedging, drainage, tree preservation within and around the perimeter of the site; impact of grading on trees, location of snow storage areas; installation of a barrier at the end of dead-end private lanes; assistance with survey of mutual property limits; block design and massing; loss of satellite service. 11.7 One participant withdrew their objection as an agreement of settlement with National Homes was reached. 11.8 Staff are of the opinion that the remaining concerns from neighbours are site plan related and discussions between National Homes and residents are expected to continue. Staff have no objection to the residents and National Homes privately resolving concerns relating to unit design, hedges, and fencing, however, Staff note that the commitments made by National Homes may differ than the standard items staff review during the site plan process. The direction provided by by-laws such as the Fence By-law and municipal guidelines for landscaping, lighting, and site design continue to apply. It will be incumbent upon National Homes and the residents to ensure the items being negotiated will conform to municipal standards and by-laws. The residents and National Homes are encouraged to continue discussions, and communicate outcomes with municipal staff during the site plan process to ensure expectations are being met to the extent possible. Page 166 Municipality of Clarington Report PSD-036-19 Page 18 Conditions of Draft Approval and Next Steps 11.9 Conditions of draft approval contain special provisions to address the implementation of all recommendations of the studies and reports submitted, including any future reports, and the major issues identified under Section 11.4 above. Other standard conditions will address such items as dedication of road widenings, open space, cash- in-lieu of parkland, etc. 11.10 Certain implementation details are still to be resolved, the eventual approval of the Zoning By-law Amendment by the Local Planning Appeal Tribunal, and approval of the Conditions of Draft Approval are the initial approvals required, followed by: Site plan Approval – National Homes requested a preconsultation meeting to review items required for a complete site plan application. The meeting addressed additional items such as architectural details, detailed engineering, landscaping and lighting, Condominium approval – will follow site plan approval and create a legal description for each unit and derive a set of condominium rules for the development, and; Approval of application for Exemption from Part Lot Control will follow site plan approval allowing for individual parcels-of-tied-land to be created. 11.11 To that end, Staff have no objection to the approval of the proposed Plan of Subdivision, subject to conditions of draft approval, that would allow the creation of residential blocks, required road widenings, and the conveyance of the valleylands lands to the Municipality of Clarington. 12. Conclusion 12.1 In consideration of all agency, staff and public comments, it is respectfully recommended that the application for a Draft Plan of Subdivision, as submitted by National Homes (Prestonvale) Inc. be supported subject to the conditions included as Attachment 1. Staff Contact: Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott@clarington.net Attachments: Attachment 1: Proposed Conditions of Draft Approval Attachment 2: Draft Plan of Subdivision A list of interested parties is on file in the Planning Services Department. ATS/CP/nl I:\^Department\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0010 NE National Homes - NE corner Presonvale & Bloor\Staff Report\Recommendation Report PSD-036-19.docx Page 167 Attachment 1 to Report PSD-036-19 Page | 1 CONDITIONS OF DRAFT APPROVAL File Number: S-C-2017-0010 Issued for Concurrence: August 29, 2019 Notice of Decision: _____________ Draft Approved: ________________ __________________________ Faye Langmaid Acting Director of Planning Services Municipality of Clarington Part 1 – Plan Identification 1. The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision S-C-2017-0010 prepared by Weston Consulting identified as file number 6357-1, dated December 17, 2018, as revised May 28, 2019, which illustrates 2 blocks for 74 link townhouse units (up to 3 storeys) and 1 block for 38 stacked townhouse units (up to 4 storeys); an Open Space Block (2.691 hectares) and related road widenings. Part 2 – General 2.1 Development of the subject lands require the Owner to enter into a development agreement with the Corporation of the Municipality of Clarington (the “Municipality”) that contains all of the necessary terms and conditions of the Municipality’s standard subdivision agreement, all internal and external works and services related to this plan of subdivision, and site plan matters as per application SPA 2019-00xx. A copy of the Municipality’s standard subdivision agreement can be found at https://www.clarington.net/en/do-business/resources/application- forms/subdivision-agreement.pdf 2.2 The owner shall not make an application for a building permit in respect of Blocks 1, 2 or 3 until the Owner has received site plan approval from the Municipality under Section 41 of the Planning Act, R.S.O. 1990, C.P.13. 2.3 The Owner shall name road allowances/private lanes included in this draft plan to the satisfaction of the Region of Durham and the Municipality of Clarington. 2.4 All works and services must be designed and constructed in accordance with the Municipality’s Design Guidelines and Standard Drawings. Page 168 Page | 2 2.5 Requirements for Presales Architectural Control (1) No residential units shall be offered for sale to the public on the draft plan until such time as the exterior architectural design of each building has been approved by the Director of Planning Services. (2) No building permit shall be issued for the construction of any building on any residential lot or block on the draft plan, until the exterior architectural design of each building and the location of the building on the lot has been approved by the Director of Planning Services. Marketing and Sales (3) The Owner shall prepare a Land Use Plan which shows the draft plan, site plan details and surrounding land uses. The Land Use Plan shall be in a format approved by the Director of Planning Services. (4) The Owner shall erect and maintain a sign on the development site and/or in the sales office which shows the Land Use Plan as approved by the Director of Planning Services. (5) The Owner shall submit its standard Agreement of Purchase and Sale to the Director of Planning Services which includes all warning clauses/ notices prior to any residential units being offered for sale to the public. 2.6 Site Alteration (1) Draft plan approval does not give the Owner permission to place or dump fill or remove fill from, or alter the grade of any portion of the lands within the draft plan. The Owner shall be required to obtain a permit from the Municipality under Site Alteration By-law 2008-114, as amended, for any such work. If any portion of the lands are within an area regulated by a conservation authority, the Owner shall obtain a permit from the conservation authority in addition to obtaining approval from the Director of Engineering Services regarding the intended haulage routes, the time and duration of the site alteration work and security relating to mud clean up, road damage and dust control in accordance with the Dust Management Plan in Section 4.7. After registration of a subdivision agreement, the provisions of the Municipality’s standard subdivision agreement shall apply to any proposed site alteration on the lands covered by the subdivision agreement. (2) Authorization to commence works and/or Site Alteration permit shall not be granted until Engineering Drawings as part of Site Plan application for Blocks Page 169 Page | 3 1, 2 and 3 are approved to the satisfaction of the Director of Engineering Services. Part 3 – Final Plan Requirements 3.1 The Final Subdivision Plan may be registered in advance of the approval of Drawings for the future Site Plan Application for Blocks 1, 2 and 3. 3.2 The Owner agrees to enter into a development agreement addressing items under both Section 51 and 41 of the Planning Act following approval of Site Plan drawings. 3.3 The Owner shall transfer to the Municipality (for nominal consideration free and clear of encumbrances and restrictions) the following lands and easements: (a) Road Widening (Municipality of Clarington) A road widening to accommodate a 26 metre right-of-way width across the entire frontage of Prestonvale Road shown as Block 5 on the draft plan. (b) Road Widening (Region of Durham) A road widening to accommodate a 36 metre right-of-way width across the entire frontage of Bloor Street (Regional Road 22) including sight triangle as shown as Block 4 on the draft plan. (c) Reserves A 0.3 metre reserve shown as Block _____ on the draft plan. (d) Open Space Lands as shown in Block 6 on the draft plan. Part 4 –Plans and Reports Required Prior to Final Plan Registration 4.1 Not applicable Part 5 – Plans and Reports Required to be fulfilled at the time of Site Plan Approval The Owner shall submit the following plans and report or revisions thereof: 5.1 Easements for Public Connections The Owner shall submit plans to provide for public pedestrian connections over the development site from Prestonvale Road to future trail connections in Block 6 (Open Space) to the satisfaction of the Director of Engineering Services and the Director of Planning Services. Easements to provide public access shall be registered on title as a conditions of site plan approval. 5.2 Phasing Plan The Owner acknowledges and agrees that the private lanes and services shall be constructed in a single phase to the satisfaction of the Director of Engineering Page 170 Page | 4 Services. Prior to issuance of the first building permit, the Owner shall submit a detailed construction phasing plan for the townhouse blocks to the satisfaction of the Director of Engineering Services. The approval of the phasing plan shall be at the discretion of the Director of Engineering Services. The specific number of residential units available for building permits in any single phase of the development will be determined by the Municipality Clarington. 5.3 Noise Report The Owner shall submit to the Director of Engineering Services, the Director of Planning Services and the Region, for review and approval, an updated noise report, based on the preliminary noise report entitled Noise Control Feasibility Study, prepared by SS Wilson Associates, last revised January 4, 2019, Project No. WA17-033. 5.4 Functional Servicing (1) The Owner shall submit an updated Functional Servicing Report satisfactory to the Director of Engineering Services and Central Lake Ontario Conservation (2) The final engineering drawings shall protect the inner 10 metres of buffer to the identified environmental features as identified by the Environmental Impact Study prepare by Niblett Environmental Associates Inc.. No grading, site alteration or stockpiling of fill shall be permitted within the inner 10 metre buffer. (3) Preliminary Functional Servicing and Stormwater Management Plans indicate minor retaining walls on the private side. Grading shall be modified to the extent possible to reduce the height of retaining walls to the extent possible. Every effort shall be made to avoid the construction of private retaining walls, and in any case shall not exceed 1.5 metres in height. Retaining walls and associated tie backs shall not be permitted on public lands. 5.5 Stormwater Outlet Location and Design The Owner shall submit detailed engineering drawings as supported by the Engineer and qualified Environmental Consultants (natural heritage, slope stability, geotechnical etc.) to determine the appropriate location for a Stormwater Management Outlet within Open Space (Block 6). The outlet shall be located at the toe of the slope to the satisfaction of the Central Lake Ontario Conservation Authority, the Director of Planning Services and the Director of Engineering Services. The outlet location shall be detailed and approved through the associated site plan application SPA2019-00xx. 5.6 Tree Preservation, Tree Removals and Compensation Plan (1) The Owner shall submit a revised Tree Removals and Compensation Plan to address tree removal within the development area and relating to the outlet construction. All tree removals and compensation must be approved by the Page 171 Page | 5 Central Lake Ontario Conservation Authority, the Director of Engineering Services and the Director of Planning Services. (2) A Compensation Planting schedule must be approved and securities received to the satisfaction of the Central Lake Ontario Conservation Authority, the Director of Engineering Services and the Director of Planning Services prior to any tree removal within the development limit or related to any other construction. (3) Tree protection shall be provided in accordance with the preliminary Tree Preservation Plan prepared by Strybos Barron King Landscape Architecture (V100) and last revised May 28, 2019. 5.7 Functional Servicing and Grading demonstrating future development of external lands The Owner agrees to provide sufficient engineering details to demonstrate future services and access for external lands to the satisfaction of the Director of Engineering Services and the Region of Durham 5.8 Community Theme Plan The Owner shall submit a “Community Theme Plan” to the Director of Planning services and Director of Engineering Services for approval. Such plan shall include design concepts for a community theme including gateway treatments, landscape treatments, lighting fixtures, fencing details and related design issues for the overall design, location and configuration of trails and open space buffers. All Engineering Drawings shall conform with the approved Community Theme Plan. 5.9 Environmental Sustainability Plan The Owner shall prepare and submit an Environmental Sustainability Plan to the satisfaction of the Director of Planning Services. Such plan shall identify the measures that the Owner will undertake to conserve energy and water in excess of the standards of the Ontario Building Code, reduce waste, increase recycling of construction materials and utilize non-toxic, environmentally sustainable materials and finishes. 5.10 Soils Management Plan Prior to Authorization to Commence, the Owner shall provide a Soils Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide information respecting but not limited to any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the Lands. All imported material must originate from within the Municipality of Clarington. The Owner shall comply with all aspects of the approved Soils Management Plan. The Director may require the Owner to provide security relating to mud clean up, dust control and road damage. Page 172 Page | 6 5.11 Dust Management Plan Prior to Authorization to Commence Works, the Owner is required to prepare a Dust Management Plan for review and approval by the Director of Engineering Services. Such plan shall provide a practical guide for controlling airborne dust which could impact neighbouring properties. The plan must: (a) identify the likely sources of dust emissions; (b) identify conditions or activities which may result in dust emissions; (c) include preventative and control measures which will be implemented to minimize the likelihood of high dust emissions; (d) include a schedule for implementing the plan, including training of on-site personnel; (e) include inspection procedures and monitoring initiatives to ensure effective implementation of preventative and control measures; and (f) include a list of all comments received from the Municipality, if any, and a description of how each comment was addressed. Part 6 –Special Terms and Conditions to be Included in the Development Agreement 6.1 Easements to be provided on the Subject Lands The Owner shall transfer and/or make satisfactory arrangements for the transfer of the following lands and easements to the satisfaction of the Municipality of Clarington and the Region of Durham: (1) Easements for public pedestrian walkway(s); and (2) Easements for future extension of services and vehicular access to external lands, including 1536 Bloor Street and 1538 Bloor Street. 6.2 Environmental Impact Study The Owner shall agree to implement all recommendations contained in the Environmental Impact Study prepared by Niblett Environmental Associates Inc. dated May 29, 2019, including any addendum as required as part of the Site plan Application including the additional study required by Condition 5.5 and Condition 5.6, to the satisfaction of the Central Lake Ontario Conservation Authority, the Director of Engineering Services and the Director of Planning Services. 6.3 Outlet Construction and Maintenance The owner shall be 100% responsible for the construction of the outlet within Block 6 (Open Space Block) to provide for stormwater management for the site. The location and construction details of the outlet shall be approved in accordance with Condition 5.5. Once a location for the outlet has been approved, the Municipality of Clarington shall grant an Easement in favour of the Owner registered on title to allow for the Page 173 Page | 7 construction and perpetual maintenance of SWM Outlet. The subdivision agreement shall contain special provisions on maintenance and obligations to form part of future condominium approvals and condominium declaration. 6.4 Tree Removal and Compensation The Owner agrees to provide a cost estimate for Compensation Plans, and a performance guarantee. Prior to the Authorization to Commence Works, the Owner agrees to have complete the plantings identified in the approved Compensation Plan as required by Condition 5.6(2). 6.5 Hydrogeological Impact Study The Owner agrees to implement the recommendations of the Hydrogeolgoical Impact Study prepared by Sirati & Partners dated May 28, 2019 including any required addenda thereto to the satisfaction of the Central Lake Ontario Conservation Authority and Director of Engineering Services. 6.6 Slope Stability Investigation The Owner agrees to implement the recommendations of the Slope Stability Investigation prepared by Sirati & Partners dated September 27, 2017 including any required addenda thereto to the satisfaction of the Central Lake Ontario Conservation Authority and Director of Engineering Services. 6.7 Parkland The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes and shall be calculated and collected at the time of Site Plan in accordance with applicable legislation. 6.8 Noise Attenuation The Owner agrees to construct and install all measures recommended in Noise Control Feasibility Study prepared by SS Wilson Associates, last revised January 4th, 2019, and any addenda thereto. The measures shall be included in the Municpality of Clarington’s Subdivision and/or Site Plan Agreement and must aslo contain a full and complete reference to the revised noise report (i.e. author, title, date and revisions/addenda) and shall include any required warning clauses identified in the study. (1) The Owner shall not make an application for a building permit for any building on the Lands until an acoustic engineer has certified that the plans for the building are in accordance with the Noise Report. Page 174 Page | 8 6.9 Regional Waste Pickup The Owner agrees to comply with the requirements of the Region of Durham for Municipal Waste in accordance with the Region of Durham waste collection guidelines. Part 7 – Agency Conditions 7.1 Region of Durham (1) Prior to final approval, the Owner is required to submit all Record of Site Conditions compliant studies and associated Reliance Letter and Certificate of Insurance as required of the Region of Durham’s Site contamination Protocol up-to-and-including a Record of Site Condition, if applicable, prior to registration. (2) The Owner shall grant to the Region any easements required for provision of Regional services for this development and these easements shall be in the location and of such widths as determined by the Region. (3) The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Region. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Region, and are to be completed prior to final approval of this plan. (4) Prior to entering into a subdivision agreement, the Region shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. (5) The Owner shall satisfy all requirements, financial and otherwise, of the Region. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 7.2 Conservation Authority (1) Prior to any on-site grading or construction of final registration of the Plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: Page 175 Page | 9 (a) The intended means of conveying stormwater flow from the site to an appropriate outlet, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. (b) The intended means of providing water quality treatment for the site to satisfaction of Central Lake Ontario Conservation Authority and in accordance with provincial guidelines. (c) The means whereby erosion and sedimentation and their effects will be minimized on the site and downstream of the site during and after construction in accordance with the provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids and prevention of downstream erosion in any water body as a result of on-site or other related works;; and (d) Details on the types and uses of Low Impact Development (LID) measures to be implemented within the development to assist in reducing stormwwater runoff and meeting water balance infiltration targets to the satisfaction of the Central Lake Ontario Conservation Authority. (2) The stormwater channel and outlet location be approved by Central Lake Ontario Conservation Authority and the Municipality of Clarington. (3) The stormwater channel and outlet be designed by a qualified professional to the satisfaction of the Central Lake Ontario Conservation Authority and the Municipality of Clarington. (4) Prior to the removal of any vegetation on the site, on-site grading or construction associated with the proposed plan of subdivision, the owner shall submit to and obtain approval from the Central Lake Ontario Conservation Authority for a Compensation and Restoration Plan for the removal of existing vegetation related to the development including the outfall channel. An Edge Management component is to be included. (5) Prior to removal of any vegetation on the site, the Owner agrees to implement the Compensation Plan approved by CLOCA and the Municipality or has made an alternative arrangement for implementation suitable to the Central Lake Ontario Conservation Authority and the Municipality of Clarington (6) The Owner agrees to submit for review and approval, and undertake a Monitoring Plan for the proposed compensation and restoration areas, which will assess the works undertaken in regard to the productivity and success of the feature and the species. (8) The Owner agrees to install non-gated chain link fencing (1.2 metres in height) along the rear lot lines adjacent to the Natural Heritage System Page 176 Page | 10 buffer, specifically along the eastern boundary of Blocks 1 and 2. Where a retaining wall is located at the edge of a future parcel-of-tied-land, the chain link fence shall be located on top of the retaining wall and satisfy the requirements of the Ontario Building Code. (9) The Owner shall satisfy all financial requirements of the Central Lake Ontario Conservation Authority. This shall include Application Processing Fees and Technical Review Fees as per the approved Authority Fee Schedule. 7.3 Ministry of Culture, Tourism and Sport (1) Prior to final approval the proponent shall submit the “Stage 1&2 Archaeological Assessment”, dated November 19, 2017 to the Ministry of Tourism, Culture and Sport for their clearance letter. No demolition, grading or other soil disturbance shall take place on the subject property prior to this letter of clearance being received by the Municipality of Clarington and the Region of Durham. 7.4 Canada Post Corporation (1) The Owner shall satisfy the following requirements of Canada Post Corporation and the Municipality with respect to the provision of mail delivery to the Subdivision Lands and the provision of community mailbox locations, as follows: (a) The Owner shall advise Canada Post as to the excavation date for the first foundation/first phase as well as the date development work is scheduled to begin. (b) If applicable, the Owner shall ensure that any street facing installs have a pressed curb or curb cut. (c) The Owner shall advise Canada Post as to the expected first occupancy date and ensure the site is accessible to Canada Post 24 hours a day. (d) The Owner will consult with Canada Post and the Municipality to determine suitable permanent locations for the Community Mail Boxes. The Owner will then indicate these locations on the appropriate servicing plans. (e) The Owner agrees, prior to offering any units for sale, to display a map on the wall of the sales office in a place readily accessible to potential homeowners that indicates the location of all Community Mail Boxes within the development, as approved by Canada Post. (f) The Owner will provide a suitable and safe temporary site for a Community Mail Boxes upon approval of the Municipality (that is levelled with appropriate sized patio stones and free of tripping hazards), until curbs, sidewalks and final grading are completed at the permanent locations. Canada Post will provide mail delivery to new residents as soon as the homes or units are occupied. Page 177 Page | 11 (g) Owner agrees to provide the following for each Community Mail Boxes and to include these requirements on the appropriate servicing plans (if applicable): i) Any required walkway across the boulevard, per municipal standards; and ii) Any required curb depressions for wheelchair access, with an opening of at least two meters (consult Canada Post for detailed specifications). 7.5 Utilities (1) The Owner shall coordinate the preparation of an overall utility distribution plan that allows for the safe installation of all utilities including the separation between utilities to the satisfaction of the Director of Engineering Services. (2) All utilities will be installed within the proposed road allowances. Where this is not possible, easements will be provided at no cost to the utility provider. Proposed easements are not permitted on lands owned by the Municipality unless it can be demonstrated that there is no other alternative. Such easements must not impede the long term use of the lands and will be at the discretion of the Director of Engineering Services. (3) The Owner shall cause all utilities, including hydro, telephone, and cable television within the streets of this development to be installed underground for both primary and secondary services. Part 8 – Standard Notices and Warnings 8.1 The Owner shall include a clause in Agreements of Purchase and Sale for all Lots informing the purchaser of all applicable development charges in accordance with subsection 58(4) of the Development Charges Act, 1997, S.O. 1997, C.27. 8.2 The Owner shall include the notices and warnings clauses set out in Schedule 3 of the Municipality’s standard subdivision agreement in Agreements of Purchase and Sale for all Lots or Blocks. 8.3 The Owner shall include the following notices and warning clauses in Agreements of Purchase and Sale for the Lots or Blocks to which they apply: 8.4 Noise Report (1) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks A to F (Decks above Garages): “Purchasers/tenants are advised that despite the inclusion of noise control features within this development and within the dwellings, sound levels from increasing road traffic will continue to be of concern as the levels on the deck Page 178 Page | 12 exceed the Ministry of the Environment and Climate Change criteria” and that a protected Common Outdoor Living Area (i.e. Parkette) meeting the Ministry sound level criteria has been provided within the development”. (2) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks B to F: “The dwelling unit located on this lot has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Ministry of the Environment, Conservation and Park’s noise criteria.” (3) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks A, L, M (All Units) and N (Unit 1): “This dwelling unit has been fitted with provisions, which include a fan forced heating system, suitably sized ducts, plenum, electrical power wiring, thermostatic control wiring, a nearby floor drain, etc. sized to accommodate the future addition of central air conditioning by the occupant at their expense and discretion. Installation of central air conditioning by the occupant will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment and Climate Change. Future installation of the air conditioning system should meet the Ministry of the Environment and Climate Change criteria in Publication NPC-216 (a maximum sound level LAS of 50 dBA at the neighbour’s closest point(s) of reception, i.e. at their ground-based outdoor areas as well as at the closest window on any floor level) and other applicable levels specified by the municipality.” (4) The Owner shall include the following notice in the Agreements of Purchase and Sale for Blocks A to F, L, M (All units inclusive) and N (Unit 1): “Despite the inclusion of noise control features in the design of the subdivision and individual units, sound levels from increasing road traffic may continue to be of concern and may occasionally interfere with some activities of the dwelling occupants as the sound level may exceed the noise criteria of the Ministry of the Environment, Conservation and Parks.” 8.5 Nearby Farm Operations The Owner shall include the following warning clause in agreements of purchase and sale for all units: “Farm Operations –There are existing farming operations nearby and that such farming activities may give rise to noise, odours, truck traffic and outdoor lighting resulting from normal farming practices which may occasionally interfere with some activities of the occupants.” Page 179 Page | 13 8.6 Public Walkway The Owner shall include the following warning clause in agreements of purchase and sale for all units: “Public Walkway – This development includes lands designated for use as a public walkway which will provide an easement for pedestrian access to the public trail network. This route is available and will by used by neighbourhood residents living outside of the subject development. The condominium board shall be responsible for the perpetual maintenance of the walkway.” 8.7 Catchbasins The Owner shall include the following notice in agreements of purchase and sale for Blocks (to be confirmed): “Catchbasin – A catchbasin and associated underground piping has been installed on this lot. The catchbasin is designed to accept drainage from this lot and adjacent lots. The property owner must not impede or alter the catchbasin or the drainage patterns in any way.” 8.8 Chain Link Fencing The Owner shall include the following notice in the agreements of purchase and sale for Blocks M, N, O: “Chain Link Fencing – Chain link fencing is a required feature between this lot and the adjacent open space. Unless located at the top of a retaining wall as required by the Ontario Building Code, this fencing must be located on the public portion of the abutting land and will be maintained by the Municipality after the developer has been released from any further responsibility for the fence.” 8.9 Privacy Fencing The Owner shall include the following notice in the agreements of purchase and sale for Blocks A, B, C, L, G, Flankage End Units of Blocks M and O, Common Element Areas adjacent to existing residential uses: “Privacy Fencing – Privacy fencing is a required feature on this lot and it must be located on the private parcel of tied land and/or future condominium corporation. Maintenance of this privacy fencing is the responsibility of the owner of the private parcel of tied land and/or future condominium corporation abutting property owner after the developer has been released from any further responsibility for the fence.” Page 180 Page | 14 8.10 Decorative Fencing The Owner shall include the following notice in the agreements of purchase and sale for Blocks H and I: “Decorative Fencing – Decorative fencing (maximum height of 0.9 metres) is a required feature on this lot where the lot abuts the parkette. The replacement of decorative fencing with solid board privacy fencing or other obstructive material is not permitted. Maintenance of this decorative fencing is the responsibility of the owner of the private parcel of tied land and/or future condominium corporation” 8.11 Canada Post Corporation The Owner shall include the following notice in the agreements of purchase and sale for all lots: “Mail Service - Purchasers are advised that Canada Post intends to service this property through the use of community mailboxes that may be located in several locations within this subdivision.” Part 9 - Clearance 9.1 Prior to final approval of the plan for registration, the Municipality’s Director of Planning Services shall be advised in writing by, (a) the Region how Conditions _________ have been satisfied; (b) Central Lake Ontario Conservation Authority, how Conditions _________ have been satisfied; (c) ____________________, how Conditions _________ have been satisfied; Part 10 – Notes to Draft Approval 10.1 Terms used in these conditions that are not otherwise defined have the meanings given to them in the Municipality’s standard subdivision agreement. 10.2 As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 10.3 If final approval is not given to this plan within three (3) years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be closed. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. Page 181 Page | 15 10.4 Where an agency requirement is required to be included in the Municipal subdivision agreement, a copy of the agreement should be sent to the agency in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (a) Durham Regional Planning Department, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L1N 6A3 (905) 668-7721. (b) Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario LIH 3T3 (905) 579-0411. (c) Canada Post, Metro Toronto Region, 1860 Midland Ave. 2nd Floor Scarborough ON, M1P 5A1 I:\^Department\Application Files\SC-Subdivision\S-C-2017\S-C-2017-0010 NE National Homes - NE corner Presonvale & Bloor\Staff Report\Attachment 1 to PSD-036-19 (Draft).docx Page 182 Attachment 2 to Report PSD-036-19 Page 183 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: PSD-038-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Faye Langmaid Resolution #: Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: PLN 8.6.7 Report Subject: Residential Neighbourhood Character Study Update and Extension of Interim Control By-law 2018-083 Recommendations: 1. That Report PSD-038-19 be received; 2. That the Interim Control By-law Amendment attached to Report PSD-038-19, as Attachment 1, be approved; 3. 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 5. That all interested parties listed in Report PSD-038-19 and any delegations be advised of Council’s decision. Page 184 Municipality of Clarington Report PSD-038-19 Page 2 Report Overview The Residential Neighbourhood Character Study began in February 2019 and is expected be completed by the mid-January 2020. This work will result in a proposed zoning by-law amendment to Zoning By-law 84-63 to implement the study recommendations. To ensure incompatible development does not move ahead before the completion of the Residential Neighbourhood Character Study in three established neighbourhoods of Elgin, Central and Memorial in Bowmanville, Council passed Interim Control By-law 2018-083 on September 17, 2018, which is in place for a period of one year. Staff recommend extending the Interim Control By-law for an additional year in order to complete the study. 1. Introduction 1.1 Based on recent developments in some older Bowmanville neighbourhoods, staff report PSD-078-18, identified that a Residential Neighbourhood Character Study was needed to identify and evaluate the physical character of the study area and the key impacts of residential intensification. The study will recommend appropriate zoning by- law regulations and other implementation tools that may be applied to appropriately guide and manage new development in the study area, and to have infill development or additions better respect and compliment neighbourhood character in the future. 1.2 Clarington Council approved Interim Control By-law 2018-083 on September 17, 2018 to restrict the use of land within the Residential Neighbourhood Character Study area, which includes in part the established areas of Elgin, Central and Memorial in Bowmanville (Figure 1). 2. Residential Neighbourhood Character Study Update 2.1 MacNaughton Hemson Britton Clarkson Planning Limited was retained to complete a Residential Neighbourhood Character Study in February 2019. The project phases are summarized in Figure 2. 2.2 Phase 3 of the project, involving the evaluation of options and the development of a zoning framework, is now underway. Page 185 Municipality of Clarington Report PSD-038-19 Page 3 Figure 1: Residential Neighbourhood Character Study Area Page 186 Municipality of Clarington Report PSD-038-19 Page 4 2.3 To date, the project has included a multi-faceted public consultation and engagement program. This has included the following: Notice of project initiation mailed to all property owners within the area subject to Interim Control By-law 2018-083. Project website (Neighbourhood Character Study), including background information, frequently asked questions and responses, notice of public events, project news and reports, and forms for registration as an interested party and the submission of comments. Guided public walking tours of the three neighbourhood areas on May 11, 2019, involving 50 participants, exploring the character and qualities of these areas that are valued by the community. Online survey, supported by maps to conduct a self-guided walking tour, available from May 11 – 31 and received close to 100 responses. Interactive public workshop on May 31 with nearly 50 participants, to further inform the community about the process of planning for neighbourhood character, share early project findings, and explore neighbourhood character elements and existing regulations. Figure 2: Residential Neighbourhood Character Study Work Plan & Timeline 2.4 In response to the significant amount of public interest in the project, a second public workshop has been scheduled. In addition to providing a project overview and update, this workshop will gather feedback on the potential zoning by-law changes being considered to guide future growth and compatible development in these established neighbourhood areas and other regulatory options that may be available. It will inform the final recommendations of the Residential Neighbourhood Character Study. Page 187 Municipality of Clarington Report PSD-038-19 Page 5 Workshop #2 will be held on Thursday September 12 from 6:30 to 8:30 pm at the Bowmanville Older Adult Centre, 26 Beech Avenue in Bowmanville. 2.5 The fourth and final phase of the Residential Neighbourhood Character Study will include a final report with recommendations for amending Zoning By-law 84-63 as well as other possible tools. This report is expected to be delivered in early November and will be posted online to allow for public review in advance of a Statutory Public Meeting for the proposed amendments to Zoning By-law 84-63. The Zoning By-law Amendment Statutory Public Meeting and final Staff recommendation report are anticipated in December 2019 and January 2020, respectively. 2.6 At the beginning of the Residential Neighbourhood Character Study, it was expected that the recommendation would inform the ZONE Clarington project. Due to the timeline for ZONE Clarington, it is recommended that a separate amendment to Zoning By-law 84-63 be brought forward in order to address the issues of incompatible development in the Residential Neighbourhood Character Study area, in advance of the draft urban zoning by-law. 3. Interim Control By-law 3.1 Section 38(2) of the Planning Act enables municipalities to extend an Interim Control By-law for a period of up to one year. This would allow for an extension of Interim Control By-law 2018-083 until September 16, 2020. If the Interim Control By-law is extended, staff propose to present a by-law for Council approval to repeal the Interim Control By-law once a Zoning By-law amendment is adopted implementing the recommendations of the Residential Neighbourhood Character Study. 3.2 Unlike the original interim control by-law, an interim control by-law that is renewed for a second year is subject to appeal. Having reviewed other similar Residential Neighbourhood Character Study processes, it was anticipated that the study would take more than a year to complete. In order to minimize potential appeals, Interim Control By-law 2018-083 (see Attachment 2) included a number of exemptions for: buildings and structures that would not likely contribute to the issues affecting neighbourhood character, and acknowledged development applications that were in process. 3.3 Where a property owner wishes to develop or improve a property in accordance with permissions in the Interim Control By-law but does not conform to the regulations of By- law 2018-083, the property owner may submit an application for a Minor Variance. In reviewing a proposed Minor Variance application it must meet the four tests spelled out in the Planning Act, including conformity with the policies of the Official Plan. The Official Plan requires development to respect and reinforce the physical character of an established neighbourhood. To implement the Official Plan, staff may request an applicant to demonstrate how their development proposal fits with the character of the neighbourhood. To date, four Minor Variance applications have been submitted and approved by the Committee of Adjustment. Page 188 Municipality of Clarington Report PSD-038-19 Page 6 3.4 If a property owner wishes to develop something that is not exempt from Interim Control By-law 2018-083, the property owner may request Council to amend Interim Control By- law 2018-083 to add their property as an exemption. One request for exemption was received from Barry Bolahood in March 2019 for 10 Victoria Street. On April 29, 2019, Council received PSD-023-019 regarding the Interim Control By-law exemption request for information (Resolution #C-168-19). 4. Public Notice and Communications 4.1 Notice of the passing of Interim Control By-law 2018-083 was sent to all Interested Parties and was advertised in the Clarington This Week on October 10, 2018. A project announcement marking the initiation of the Residential Neighbourhood Character Study was mailed to all property owners within the study area in April 2019. In addition, the project announcement was circulated to Interested Parties, and notice was provided via advertising in Clarington This Week, Corporate social media and the project website. Notice of public events for the project, including the walking tours and both interactive workshops, has also included circulation to Interested Parties, Corporate social media and the project website. 4.2 If the extension to Interim Control By-law 2018-083 is approved, notice of the passing of the amending by-law will be advertised in Clarington This Week, posted on the project website, and sent to all Interested Parties. 5. Conclusion 5.1 In consideration of the comments contained within the report, it is recommended that the amendment to Interim Control By-law 2018-083 contained in Attachment 1 be approved in order to prevent incompatible development from occurring while the Residential Neighbourhood Character Study is finalized. Staff Contact: Tracey Webster, Planner, 905-623-3379 ext. 2415, twebster@clarington.net Attachments: Attachment 1 - Proposed Interim Control By-law amendment Attachment 2 - Interim Control By-law 2018-083 List of interested parties to be notified of Council’s decision is on file in the Planning Services Department. Page 189 Attachment 1 to Report PSD-038-19 Corporation of the Municipality of Clarington By-law Number 20___-______ being a By-law to amend Interim Control By-law 2018-083 Whereas the Council of the Corporation of the Municipality of Clarington deemed it advisable to enact Interim Control By-law 2018-083 to undertake a study of land use regulations respecting the area shown as “Area Subject to Interim Control Bylaw”; and Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to extend Interim Control By-law 2018-083 for one year in accordance with Section 38(2) to provide adequate time to complete the study of land use planning regulations; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 3 of By-law 2018-083 is repealed and replaced with the following: 3. This By-law shall be in effect until September 16, 2020. 2. This By-law shall come into effect on the date of its passage. By-Law passed in open session this _____ day of ____________, 20___ __________________________ Adrian Foster, Mayor __________________________ C. Anne Greentree, Municipal Clerk Page 190 Page 191 Page 192 Page 193 Page 194 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: PSD-039-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Faye Langmaid Resolution #: Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO File Number: PLN 8.6.7 Cross Reference: ZBA2019-0014 Report Subject: Exemption Request for 10 Victoria Street from Interim Control By-law Recommendations: 1. That Report PSD-039-19 be received; 2. That the request for an exemption to Interim Control By-law 2018-083 for 10 Victoria Street be denied; and 3. That all interested parties listed in Report PSD-039-19 and any delegations be advised of Council’s decision. Page 195 Municipality of Clarington Report PSD-039-19 Page 2 Report Overview Ken Hoy has requested an exemption to Interim Control By-law 2018-083. He proposes a semi-detached dwelling at 10 Victoria Street. 1. Introduction 1.1 Clarington Council approved Interim Control By-law 2018-083 on September 17, 2018 to restrict the use of land within the Residential Neighbourhood Character Study area, which includes in part the established areas of Elgin, Central and Memorial in Bowmanville (Figure 1). Staff Report PSD-038-19 seeks an extension of the Interim Control By-law for one-year, with the understanding the by-law would be repealed at such time new zone provisions were implemented as per the recommendations of the study. Figure 1: Residential Neighbourhood Character Study Area Page 196 Municipality of Clarington Report PSD-039-19 Page 3 1.2 On August 8, 2019 Ken Hoy contacted Staff to request an exemption to Interim Control By-law 2018-083 to construct a semi-detached dwelling at 10 Victoria Street. 1.3 In order to minimize potential appeals, Interim Control By-law 2018-083 included a number of exemptions for buildings and structures that would not likely contribute to the issues affecting neighbourhood character, and acknowledged development applications that were in process (Attachment 1). A Minor Variance application is required where the regulations in terms of setback, height, lot coverage, etc. cannot be met. 1.4 A request for exemption was previously received from Barry Bolahood in March 2019 for 10 Victoria Street. On April 29, 2019, Council received for information the request outlined in PSD-023-019 regarding the Interim Control By-law exemption request (Resolution #C-168-19). 2. Exemption Request, 10 Victoria Street 2.1 On August 8, 2019 Ken Hoy verbally requested an exemption to Interim Control By-law 2018-083 for a property at 10 Victoria Street (see Figure 2). This followed his submission of a Building Permit for construction of a semi-detached dwelling which he was advised would be placed on hold due to the fact the property had not been exempted from Interim Control By-law 2018-083. Figure 2: Immediate area of the Interim Control By-law surrounding 10 Victoria Page 197 Municipality of Clarington Report PSD-039-19 Page 4 2.2 Mr. Hoy was under the impression that the exemption request submitted previously for the property by Barry Bolahood had been granted. Mr. Hoy had previously been made aware that 10 Victoria Street was not exempt from Interim Control By-law at a meeting with Staff on May 16, 2019. 2.3 In May, staff requested that Mr. Hoy conduct a character analysis of the area to help inform the design of his proposed dwelling and that he make an effort to comply with the regulations contained in section 2. f. of Interim Control By-law 2018-083 as contained in Attachment 1. The character analysis request was made in order for staff to determine if the proposal would meet with policies regarding character in the Official Plan, which requires development and redevelopment in existing neighbourhoods to: a) Respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets and block, the size and configuration of lots, building types of nearby properties, the height and scale of building and the setback of building from the street, rear and side yards; b) In neighbourhoods of historical character, be consistent with the built form pattern of the area; c) Adhere to all relevant Urban Design Guidelines and expectation for high-quality architectural design and sustainable building materials; and d) Maximize opportunities to improve accessibility and pedestrian and cycling systems, enhance neighbourhood and transit connections, and reduce energy, water and resource use. 2.4 Mr. Hoy advised he was not interested in conducting a character analysis or modifying his design to comply with the regulations contained in section 2.f of Interim Control By- law 2018-083. To date, a character analysis has not been provided. 2.5 Figures 3 and 4 depict the proposed one storey semi-detached dwelling. The design is proposed to include a two car garage for each unit. The garages will be flush with the porches and are paired which will make them a prominent feature in an area where attached garages are uncommon. Where garages exist they are typically detached which affords for larger side yard setbacks than the 1.2 m proposed. The proposed lot coverages are 41.9% and 42.1% respectively which exceeds the 35% maximum lot coverage in section 2. f. of Interim Control By-law 2018-083. 2.6 There were a number of mature trees on the property, some of which have been removed. If an exemption is considered a Land Division application would be required to create 2 separate lots. Through that process staff would make recommendations for compensation of trees that would have to be removed. Page 198 Municipality of Clarington Report PSD-039-19 Page 5 Figure 3: Proposed Site Plan for 10 Victoria Street Figure 4: Proposed Front Elevation for 10 Victoria Street Page 199 Municipality of Clarington Report PSD-039-19 Page 6 3. Application for Exemption to Part Lot Control 3.1 On Friday August 23, 2019 Mr. Hoy submitted an application for Exemption from the Part Lot Control provisions of the Planning Act. Part Lot Control Exemption is a method of subdividing land that is an alternative to the severance process. Staff do not support a part lot control exemption for this property. 3.2 A property is only eligible for Part Lot Control Exemption if the land is within a registered plan of subdivision. This requirement does not appear to be met In the case of 10 Victoria Street. Although the lands do appear on a historical plan dated June 30, 1869, the former Town of Bowmanville enacted a by-law in 1956 to deem this plan not to be a registered plan of subdivision in accordance with the Planning Act. 3.3 Staff do not support the application for Exemption to Part Lot Control for the following additional reasons: i. The property was already previously subdivided; ii. Clarington typically reserves Part Lot Control Exemptions for lots that are part of a larger development application, and other conditions of development have been satisfied; and iii. No notice has been given to the public regarding the proposed subdivision of the property. 3.4 For these reasons, staff recommended to Mr. Hoy that he should apply to the Region of Durham for severance of his land, as that is the appropriate process in his circumstances. 3.5 Staff offered to refund the Part Lot Control Exemption application fee to Mr. Hoy if he withdrew his application, however Mr. Hoy has insisted that the matter be brought to Council for a decision. 4. Conclusion 4.1 In consideration of the comments contained within the report, it is recommended that the requested exemption to Interim Control By-law 2018-083 for 10 Victoria Street be denied. Staff Contact: Tracey Webster, Planner, 905-623-3379 ext. 2415, twebster@clarington.net Attachments: Attachment 1 - Interim Control By-law 2018-083 List of interested parties to be notified of Council’s decision is on file in the Planning Services Department. Page 200 Page 201 Page 202 Page 203 Page 204 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: ESD-006-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Gord Weir, Director of Emergency Services Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: Report Subject: Memorandum of Understanding – Ontario Power Generation Recommendations: 1. That Report ESD-006-19 be received; 2. 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 3. 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). Page 205 Municipality of Clarington Page 2 Report ESD-006-19 1. Background 1.1. Report ADMIN 9-93, in part, contains an agreement between the Municipality of Clarington and Ontario Power Generation (OPG), formerly known as Ontario Hydro, and sets the Municipality as the primary responder. 1.2. Since that time OPG has introduced on site emergency personnel which changed Clarington Emergency and Fire Services (CEFS) to the secondary tiered responder. 1.3. Several years later, the Canadian Nuclear Safety Commission strongly recommended that OPG and the Municipality enter into a formal Memorandum of Understanding (MOU) which was formalized in 2007 with a 5 year renewal. 2. Report 2.1. Arising out of the recommendations contained in Report ESD-017-07, the MOU was updated with modest changes, along with changes to the financial support from OPG. 2.2. In 2014, the MOU was revised and the financial support from OPG was increased to $250,000. These funds provide compensation for services provided by CEFS such as co-training, tours, annual practice drills, monitored drills, fire safety plan review, annual fire inspections, etc. 2.3. The attached revised MOU (Attachment 1) has been issued for a term of 6 years; 2019- 2024. The agreement will be reviewed annually by the Fire Chief and the Director of Fire Protection, OPG. 3. Concurrence This report has been reviewed by the Municipal Clerk and the Municipal S olicitor who concur with the recommendations. 4. Conclusion It is respectfully recommended that the Memorandum of Understanding (Attachment 1 to this report) be approved, and that the Mayor and Clerk be authorized to execute the MOU with OPG for Fire Protection and Community Emergency Management Report Overview To update the Memorandum of Understanding between Clarington Emergency and Fire Services and Ontario Power Generation. Page 206 Municipality of Clarington Page 3 Report ESD-006-19 Staff Contact: Gord Weir, Director of Emergency and Fire Services, 905-623-5126 ext. 2802 or gweir@clarington.net. Attachment: Attachment 1 - Memorandum of Understanding – Fire Protection and Community Emergency Management OPG There are no interested parties to be notified of Council's decision. Page 207 Memorandum of Understanding FIRE PROTECTION AND COMMUNITY EMERGENCY MANAGEMENT Between The Municipality of Clarington and Ontario Power Generation Inc. January 1, 2019 Page 208 2 Memorandum of Understanding FIRE PROTECTION AND COMMUNITY EMERGENCY MANAGEMENT Between The Municipality of Clarington (“Clarington”) and Ontario Power Generation Inc. (“OPG”) 1. Application This Memorandum of Understanding (“MOU”) applies to the provision of fire protection services, including fire safety planning, fire inspections and coordinated emergency response between the Municipality of Clarington (“Clarington”), and OPG Darlington Nuclear Generating Station (“DNGS”), and financial support for Clarington’s Community Emergency Management Program (“CEMP”). 2. Purpose It is understood that OPG and the Canadian Nuclear Safety Commission (“CNSC”) are solely accountable for all fire safety provisions at DNGS. Nonetheless, it is recognized that there exists a cooperative and collaborative relationship between OPG and Clarington with respect to fire protection, emergency response, and community emergency management and that relationship should be maintained and enhanced. In order to clarify and strengthen the co-operative working relationship between OPG and Clarington, it is appropriate that the two parties execute this MOU concerning fire protection and community emergency management. This MOU recognizes the significant benefits to be gained by both parties in developing and maintaining a co-operative working relationship with respect to community emergency management and fire safety. 3. Mutual Aid Arrangements for on-site and off-site Emergencies Both Clarington and DNGS have substantial fire-fighting and emergency response resources at their disposal. It is acknowledged that the combined resources are a significant force that should be made available to help safeguard the community in the event of a major incident. It is also recognized that a major incident, either on-site or off- site, would tax the resources of the respective fire and emergency crews either at DNGS or Clarington. In the event of a major off-site incident, OPG agrees to provide assistance to Clarington, if requested, and within the limitations of the DNGS license, the DNGS Waste Facility license, OPG's regulatory commitments to the CNSC, all applicable CNSC regulatory guidance documents and all laws in force at the time the assistance is sought. This assistance may include personnel (e.g. drivers for OPG vehicles), equipment and supplies to support Clarington in their efforts to control and/or mitigate an emergency. Page 209 3 Notwithstanding the foregoing, it is acknowledged that OPG personnel will not engage in active firefighting activities off OPG property but will provide assistance in a support capacity. DNGS is staffed with full time National Fire Protection Association 1081 qualified emergency response personnel available 24 hours a day, seven days a week. Nonetheless, Clarington Fire Services (“CFS”) will be called to all fire events at DNGS to provide assistance as required. DNGS shall provide clearly marked access routes for responding emergency vehicles and shall provide a security escort as required to the fire location. 4. Community Emergency Management As a host municipality to a nuclear power plant, Clarington has greater obligations and responsibilities than many municipalities in dealing with community planning and emergency situations. To support Clarington in dealing with major emergency situations and community emergency management functions, OPG agrees to provide annual financial assistance to Clarington in accordance with this MOU. An overview of Clarington’s CEMP under the direction of the Fire Chief - CFS is contained in Appendix C to this MOU. 5. Fire Safety Plan Section 2.8.2 of the National Fire Code of Canada requires the preparation of a fire safety plan in cooperation with the fire services and other applicable regulatory authorities, in order to protect people and property from fire and its effects. To this end, OPG shall prepare a fire safety plan that is consistent with the requirements of the National Fire Code of Canada. The Manager of Fire Protection – OPG, or an authorized delegate, and the Fire Chief – CFS, or an authorized delegate, shall jointly sign the fire safety plan, and the executed fire safety plan shall be submitted to CNSC. In order to ensure the fire safety plan remains current and up-to-date, it shall be reviewed at least once a year and amendments shall be made as required. These amendments shall be approved by the Manager - Fire Protection OPG, or an authorized delegate, and the Fire Chief – CFS, or an authorized delegate, and submitted to CNSC. 6. Mutual Work Plan In every calendar year to which this MOU applies, OPG and CFS will collaborate and agree on the joint activities which CFS and OPG propose to undertake during the year. Examples of the focus areas for joint work activities are identified in Appendix A to this MOU. Page 210 4 7. Financial Support In every calendar year to which this MOU applies, OPG shall provide an annual payment to Clarington in the amount of $250,000.00. These funds will assist Clarington with costs associated with being a host community of a nuclear power plant. The financial support will be allocated to CFS emergency response, training, personnel, equipment costs, and to implement Clarington’s CEMP. In exchange for the annual payments by OPG, CFS agrees to respond to fires and emergencies at DNGS and Darlington Nuclear Waste Facility for which external emergency response is requested by OPG and for which CFS is notified. CFS will also commit to annual familiarization tours, joint fire training activities and joint fire response exercises at DNGS, the Darlington Waste Management Facility and Wesleyville Fire Training Academy. OPG and CFS recognize that drills and exercises contribute toward creating a robust joint response capability and unified command structure. In support of this, CFS agrees to participate in 2 drills annually jointly with OPG at DNGS and will also participate in 1 additional drill every 2 years at the Darlington Waste Management Facility. CFS will jointly participate with OPG in the planning of response drills, exercises, tours and training, but it is understood that the implementation of response drills, exercises, tours and training shall be the responsibility of OPG and DNGS. Drill participation may include up to 2 CFS trucks fully staffed and a CFS Incident Commander where drill scope and municipal staffing supports. Notwithstanding the foregoing, it shall be understood that participation by CFS in response drills, exercises, tours and training is conditional on the ava ilability of overtime staffing and fire vehicles. All emergency responses shall take precedence over any response drills, exercises, tours and training. CFS has a responsibility to maintain minimum response capability to Clarington and therefore, CFS staffing shall remain at minimum complement at all Clarington fire stations during any response drills, exercises, tours and training, and that any staff that participate in response drills, exercises, tours and training shall be called in on overtime or taken from on duty complement provided minimum complement at all Clarington fire stations is met, and subject to approval by the Fire Chief – CFS. CFS staff will actively participate in interior firefighting response protocol drills with OPG industrial fire brigade. The intention is that these drills will provide learning opportunities for all participants and promote team culture. CFS participation in fire drills or training activities at Wesleyville Fire Training Academy is in addition to the station and waste facility drills noted above and is at the sole discretion of CFS. 8. Employees Notwithstanding any provisions or arrangements contained within this MOU, all employees of Clarington and all employees of the OPG shall remain employees of their respective organizations. Furthermore, all collective agreements terms of employment of the respective organizations shall remain in full force and effect. Page 211 5 9. Liabilities OPG shall indemnify and save harmless Clarington from and against all claims, losses, damages, actions, suits or proceedings arising out of this MOU and resulting from acts or omissions of OPG, its employees, agents and contractors involving gross negligence or misconduct in responding to a request for assistance by Clarington and acts or omissions of Clarington or its employees, agents or contractors related to any involvement at DNGS, other than acts or omissions involving gross negligence or willful misconduct of Clarington, or its employees, agents or contractors. Subject to the application of the Nuclear Liability and Compensation Act, S.C. 2015 (the “Nuclear Liability Act”), Clarington shall indemnify and save harmless OPG from and against all claims, losses, damages, actions, suits or proceedings arising out of this MOU and resulting from acts or omissions of Clarington , its employees, agents and contractors involving gross negligence or misconduct related to any involvement at DNGS and acts or omissions of OPG, or its employees, agents, or contractors in responding to a request for assistance by Clarington, other than acts or omissions involving gross negligence or willful misconduct of OPG, or its employees, agents, or contractors. In the event that damages, loss or injury caused by the hazardous properties of nuclear material, as defined under the Nuclear Liability Act, occur wholly or partially as a result of an unlawful act or omission of an employee, agent, contractor, or sub-contractor of Clarington done with the intent to cause injury or damage, OPG will not pursue any right of recourse it may have against Clarington in such an event and any subrogation rights its insurers may have, will be exercised in accordance with the letter from OPG's insurer dated July 11, 2019, which forms Appendix D to this MOU. In no event whatsoever will either OPG or Clarington be liable for: a) indirect, special, incidental, contingent or consequential damages including loss of goodwill, loss or damage to data, or any information, loss of actual or anticipated revenue or profits, failure to realize expected savings, loss of use or any other economic loss whatsoever, even if OPG or Clarington , as the case may be, has been advised of the potential for such damages. However, Clarington shall be reimbursed for replacement and rental costs incurred pending delivery of new vehicle(s) and/or associated equipment in the event that any vehicle and/or associated equipment related to any involvement at DNGS become(s) unusable as a result of contamination; and b) Punitive, exemplary or aggravated damages. Additionally, in no event whatsoever will Clarington be liable for: a) direct physical damage to the radioactive or non-conventional (nuclear) parts of DNGS; b) direct physical damage to the conventional (non-nuclear) parts of DNGS, Page 212 6 where such damage results from radioactive contamination; and c) any physical damage to DNGS or DNGS property damaged or lost while on the DNGS site, provided that the damage or loss is not covered by conventional Commercial General Liability and/or Motor Vehicle Liability insurance policies. 10. Insurance OPG and Clarington shall each maintain in effect Commercial General Liability insurance in the amount of at least 25 million dollars and Motor Vehicle Liability insurance in the amount of at least 2 million dollars. Clarington and OPG shall be named as additional insured's on the respective Commercial General Liability insurance policies and supply a certificate of insurance evidencing such coverage and shall further provide certified copies of insurance policies upon request, such request only to be made in the event of a potential claim situation where OPG's or Clarington's interests may be insured by the insurance coverage noted herein. The Commercial General Liability insurance coverage shall not be cancelled or materially changed by either party without providing the other party with 60 days written notice. The party's insurers shall provide a waiver of subrogation to the other party, its employees, agents or contractors for such liability as the parties have assumed under this provision of the MOU. 11. Confidentiality of Security Related Information All information obtained by Clarington in the course of carrying out the terms of this MOU and which is identified as confidential by OPG because of its security implications, shall not be disclosed by Clarington to third parties except with the prior written consent of OPG and except in accordance with applicable law. Without limiting the generality of the foregoing, such information may include the type, location and operation of the emergency systems of all buildings, the nature and location of any hazardous materials and the operation, features and location of security equipment. Clarington shall make its employees who are likely to become involved in the activities contemplated in this MOU aware of Clarington’s non-disclosure obligations as stated herein. 12. Cyber Security Clarington will, at all times throughout the Term, maintain or cause to be maintained those cyber security requirements as outlined in Schedule 12. 13. Term of this Memorandum This MOU is effective as of the date first noted and, unless terminated earlier as provided hereunder, will remain in full force and effect for a term of [6] year[s] terminating on December 31, 2024 (the “Initial Term”).The Initial Term will thereafter automatically renew for additional [1] year periods (the Initial Term and any renewal thereof being collectively referred to herein as the “Term”) unless either party terminates this MOU by no less than 30 days written notice prior to the end of the then current Term. Page 213 7 14. Termination of this Memorandum Notwithstanding the provisions of Section 13 of this MOU, either party to this MOU may provide written notice of intent to terminate this MOU to the other party at any time. A copy of the written notice of intent shall be forwarded to the CNSC. Immediately following the expiry of 180 days after such notice the MOU shall no longer be in effect. 15. Amendments Except as otherwise expressly provided in this Agreement, no supplement, re statement or termination of this MOU in whole or in part is binding, unless it is in writing and signed by each party. 16. Authorization Clarington has duly and validly authorized the execution, delivery and performance of this MOU and no other approvals are necessary to authorize this MOU. 17. Severability If any term of this MOU is or becomes illegal, invalid or unenforceable, the illegality, invalidity or unenforceability of that term will not affect the legality, validity or enforceability of the remaining terms of this MOU and the parties will, if necessary, amend this MOU to accomplish the intent of the parties as originally set out in this Agreement to the maximum extent allowed by applicable laws. 18. Governing Law This MOU and each of the documents contemplated by this MOU are governed by, and are to be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. Each of the parties irrevocably submits to the non -exclusive jurisdiction of the courts of Ontario. No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from an Ontario court respecting this MOU. A party may effect service of summons or any other legal process that may be served in any action, suit or other proceeding by delivering any such process to another party in accordance with Section 20. 19. Counterparts This MOU and any amendment, restatement or termination of this MOU in whole or in part may be signed and delivered in any number of counterparts, each of which when signed and delivered is an original but all of which taken together constitute one and the same instrument. Any counterpart signature transmitted by sending a scanned copy by electronic mail or similar electronic transmission will be deemed to be an original signature. Page 214 8 20. Notices Any communication concerning this MOU shall be issued in writing and delivered or mailed to the following addresses of the parties respectively: If to Clarington: The Municipality of Clarington Attention: Fire Chief Cc: If to OPG: Ontario Power Generation Attention: VP Security and Emergency Services IN WITNESS WHEREOF the parties have executed this MOU through their officers duly authorized on that behalf. ONTARIO POWER GENERATION INC. By: ________________________________ Name: Title: THE MUNICIPALITY OF CLARINGTON By: _________________________________ Name: Title: By: _________________________________ Name: Title: Page 215 9 Schedule 12 Cyber Security 1.1 Certain Definitions. For the purposes of this Schedule 12: (a) “Cyber Asset” means: (1) any asset designated by OPG as a Cyber Asset; or (2) any computing hardware, software, firmware or other computing or information technology that: (A) is transferred, licensed, made available or otherwise provided by Clarington to OPG under this MOU, or is used exclusively by Clarington for OPG under this MOU, and (B) has the ability to impact the availability, integrity or confidentiality of OPG Systems and Information, unless OPG expressly specifies that such computing hardware, software, firmware or other computing or information technology is not considered a Cyber Asset under this MOU. (b) “Cyber Equipment” means any of Clarington ’s computing hardware, software, firmware or other computing or information technology that is: (1) not a Cyber Asset; and (2) connected to any OPG Systems and Information or is used to access, create, modify, store, process or transmit OPG Data in the course of performing Clarington’s obligations under this MOU. (c) “Cyber Services” means any application, infrastructure or related service provided by Clarington in relation to: (1) any asset designated by OPG as a Cyber Asset; or (2) any computing hardware, software, firmware or other computing or information technology that has the ability to impact the availability, integrity or confidentiality of OPG Systems and Information, unless OPG expressly specifies that such application, infrastructure or related service is not considered Cyber Services under this MOU. (d) “OPG Data” means all information relating to OPG, its business, financial position, assets, technology, operations, activities or proposed activities and prospects, including any technical, commercial, legal, financial, strategic, tactical, regulatory or governmental information, reports, drawings, specifications, contracts, business plans, projections, forecasts or other documents or information, whether written or oral, and including such information that is provided to Clarington by OPG or its representatives, or otherwise received or accessed by Clarington , under this MOU, or created or provided to OPG by Clarington under this MOU. Page 216 10 (e) “OPG Systems and Information” means OPG’s networks, information systems, industrial control systems, or any components thereof (including computing hardware, software, firmware or other computing or information technology), or any OPG Data. 1.2 Cyber Security Requirements. Clarington: (a) represents and warrants to OPG that: (i) Clarington has a written and enforceable cyber security policy, and has established and maintains a cyber security program that is designed and implemented to prevent, detect and respond to cyber attacks that may impact OPG Systems and Information; and (ii)Clarington ’s personnel (which, for the purposes of these requirements, includes any Clarington personnel having access to OPG Systems and Information) have completed position- appropriate cyber security training; (b) will immediately revoke all access to OPG Systems and Information for any of Clarington’s personnel who are terminated or no longer need access to OPG Systems and Information; (c) will notify OPG by sending an email to sccs@opg.com within 48 hours after discovering any security breach, incident or vulnerability impacting or otherwise involving OPG Systems and Information (including any Cyber Equipment if Clarington , acting reasonably, believes any such security breach, incident or vulnerability may have impacted or may potentially impact OPG Systems and Information), and furthermore if such security breach, incident or vulnerability relates to any Cyber Asset, Cyber Equipment, or Cyber Services, Clarington will also: (i) include in such written notification of any security breach, incident or vulnerability to OPG a description of the breach, incident or vulnerability, its potential security impact, its root cause, a remediation plan, and recommended mitigating or corrective actions; and (ii) promptly and continuously cooperate and coordinate with OPG to prevent, stop, contain, mitigate, resolve, recover from, respond to, and otherwise deal with any security breach, incident or vulnerability, including by providing OPG with ongoing status reports; (d) will (i) ensure that no contaminants, including viruses, worms, Trojan horses, adware, spyware, trackware, hack tools, dialers, joke programs, time locks or other software routines, codes or instructions of a similar nature are placed on, or allowed access to, any OPG Systems and Information; and (ii) perform patching and testing on any Cyber Equipment, including through the performance of anti -malware and vulnerability scans, in order to identify and correct or mitigate any cyber security weaknesses or vulnerabilities; (e) will, if OPG provides specific personnel of Clarington with a unique user identification (ID) to access OPG Systems and Information (“Designated Named Account(s)”) (i) ensure only Clarington ’s personnel designated by name may use the Designated Named Account(s); (ii) ensure the Designated Named Account(s) are not shared with any individual or entity other than Clarington ’s designated personnel; and (iii) notify OPG immediately after becoming aware of a decision to terminate or re-assign any of Clarington ’s personnel to whom OPG provided Designated Named Account(s) to Page 217 11 allow OPG to revoke such Clarington ’s personnel’s access on a timely basis; (f) will, if OPG provides Clarington with a generic user identification (ID) to access OPG Systems and Information (“Generic Account”), (i) ensure only Clarington ’s personnel authorized by OPG may use the Generic Account; (ii) ensure the Generic Account is not shared with any individual or entity other than Clarington’s designated personnel; (iii) change the password for the Generic Account on a periodic basis in accordance with best practices; and (iv) notify OPG immediately after becoming aware of a decision to terminate or re-assign any of Clarington ’s personnel authorized by OPG and change the password for the Generic Account immediately following such termination or re-assignment; (g) will, if remote access (such as Clarington -initiated interactive remote access or system-to-system remote access) is required to access OPG Systems and Information, (i) only use those internet protocol (IP) addresses, ports, and minimu m privileges required for the remote access as mutually agreed by the parties; (ii) only use Designated Named Account(s); and (iii) in case of system-to-system connections that may limit OPG’s capability to authenticate the personnel connecting from Clarington ’s systems, maintain complete and accurate books, user logs, access credential data, records, and other information applicable to connection access activities for the entire Term of this MOU; (h) will ensure that OPG Data is properly safeguarded; and (i) will, if Clarington is required by OPG to dispose of OPG Systems and Information, ensure that: (i) the disposal is done securely and in a timely manner and in compliance with applicable laws; and (ii) if Clarington retains any OPG Data created on Clarington ’s Cyber Equipment by its normal back-up procedures, Clarington : (a) has restricted access to any backed-up OPG Data; (b) does not intentionally attempt to recover such OPG Data, unless directed by OPG or required by applicable laws; and (c) if Clarington does recover any such OPG Data (including as a result of a disaster recovery procedure), Clarington will immediately dispose of such OPG Data, unless directed by OPG or required by applicable laws, provided that if Clarington is required by applicable laws to recover or disclose any such OPG Data, Clarington will provide OPG prompt notice of such requirement and the details thereof so that OPG may challenge such requirement or seek an appropriate protective order; consult with OPG on the advisability of taking legally available steps to resist or narrow such requirement; disclose only such OPG Data as is required by applicable law; and use best efforts to obtain an order or other reliable assurance that confidential treatment will be accorded to such OPG Data. 1.3 Cyber Assets or Cyber Services. If Clarington is providing any Cyber Asset or Cyber Service to OPG, in addition to the foregoing, Clarington will: (a) provide to OPG: (i) documentation that describes Clarington ’s applicable aspects of its system development lifecycle and patch management program and update processes; (ii) documentation that describes the cyber security features and wireless or remote networking capabilities of the Cyber Asset; and (iii) cyber security-focused Page 218 12 instructions, including manuals, for the maintenance, support and reconfiguration of the Cyber Asset, and best practice recommendations for hardening of the Cyber Asset and, as applicable, OPG Systems and Information; (b) provide to OPG the appropriate patches and/or updates to remediate any security vulnerabilities in the Cyber Asset within seven days after becoming aware of any vulnerabilities, disclose to OPG its mechanisms to deliver software, firmware and patches, including checksums, digital signatures or other means of identification for all software, patches and configuration files, and ensure its controls will enable OPG to verify the authenticity and integrity of the patches delivered through these mechanisms. If patches and/or updates cannot be made available by Clarington within the specified period, Clarington will provide mitigations and/or workarounds until the patches and/or updates are available and provided. This provision also applies to all third-party components used in the Cyber Asset; (c) if applicable, use tamper-evident packaging when supplying to OPG any computing hardware and, at OPG’s request, provide copies of any documentation to show the chain-of-custody for such hardware; and (d) use information technology security best practices in the development of the Cyber Asset and will ensure that: (i) there are no hardcoded passwords utilized in the Cyber Asset; (ii) there are no accounts or known methods that are able to bypass authentication in the Cyber Asset, unless Clarington has made OPG aware of, and OPG has accepted in writing, such accounts or methods; and (iii) the most critical cyber security weaknesses are addressed in Clarington ’s system development life cycle (Clarington will refer to applicable standards, such as the SANS Top 25 Most Dangerous Software Errors, the OWASP Top 10, or their successors). Page 219 13 APPENDIX A Mutual Work Plan Areas of Focus (“Work Plan”) Defined Terms All capitalized terms used in this Work Plan have the meaning given to those terms in the MOU. A1. Annual Fire Safety Inspection An annual fire safety inspection of DNGS by Clarington staff is mutually beneficial. Clarington will gain an improved understanding of DNGS, its layout and its unique fire protection requirements. DNGS staff will gain from the observations, knowledge and experience of seasoned fire protection professionals. In every calendar year to which this MOU applies, OPG and CFS shall discuss and outline as required, any annual fire safety inspections of DNGS. At any time throughout the year, OPG or CFS can request a fire safety inspection. The fire safety inspection details will be developed jointly by OPG and CFS. OPG will track any corrective actions required via OPG's corrective action program. A2. Annual Fire Safety Plan Review Section 2.8.2 of the National Fire Code of Canada requires the preparation of a fire safety plan in co-operation with the fire services and other applicable regulatory authorities in order to protect people and property from fire and its effects. OPG has prepared a fire safety plan for DNGS that is consistent with the requirements of the National Fire Code of Canada. It is agreed that a joint annual review of the fire safety plan shall be conducted and amendments shall be made as required. These amendments shall be approved by OPG and CFS and submitted to CNSC. A3. Joint Fire Training It is agreed that annually CFS and OPG Fire Protection staff will participate in fire drills and/or live fire training as determined jointly between the parties. This training may be arranged so that each of the five crews at DNGS and each of the crews at CFS have the opportunity to participate at least once annually. The purpose of the fire drills and/or live fire training is to improve the joint response of both organizations to a simulated major fire at DNGS and to identify continuous improvements to the response. Deficiencies will be documented via the OPG drill process reports and corrective action program as appropriate for resolution or for operational experience. Fire drills may be conducted in conjunction with other emergency response organization drills. Joint response to any unplanned events can also be counted however the response should be documented within the OPG processes and revi ewed for lessons learned. Page 220 14 The purpose of the fire drills are to evaluate joint response and to ensure that adequate procedures are in place at DNGS to enable effective joint responses. The schedule for the jointly evaluated fire drills will be established collaboratively between OPG and CFS. CFS has a responsibility to maintain minimum response capability to Clarington and therefore, CFS staffing shall remain at minimum complement at all Clarington fire stations during any fire drills and/or live fire training, and that any staff that participate in fire drills and/or live fire training shall be called in on overtime or taken from on duty complement provided minimum complement at all Clarington fire stations is met, and subject to approval by the Fire Chief – CFS. In addition to the foregoing, it shall be understood that participation by CFS in fire drills and/or live fire training is conditional on the availability of overtime staffing and fire vehicles. All emergency responses shall take precedence over any fire drills and/or live fire training. A4 . Joint Incident Command Training, specialized training and conference attendance for Municipality of Clarington Senior Fire Service Officers In the event of a major fire at DNGS, significant external resources will be required. It is agreed that command level staff from CFS and command level staff from DNGS would benefit from in-depth incident command training and specialized training on how to deal with fires in nuclear generating stations. The combination of station knowledge and incident command experience is indispensable in a major fire emergency. In recognition of the unique personnel control and incident command issues around fires in nuclear power plants it is agreed that joint incident command training will be undertaken by OPG and CFS. It is agreed that command level staff from CFS together with commend level staff from DNGS will jointly participate in advanced incident command exercises as part of this training. All programs will be designed to improve the working level relationship between Clarington staff and DNGS staff. Additional training for CFS staff and recruits in dealing with fires in nuclear power plants is mutually beneficial. OPG will make the Wesleyville Fire Training Field Site available to CFS annually on mutually agreed dates subject to availability of the training facility. OPG and Clarington also agree that other specialized training other than fire may be needed for CFS. This training will be evaluated and mutually agreed to by OPG and CFS. Examples of non-fire training courses are listed below. - HAZMAT - High Angle Rescue - Station Systems Training for Fire fighters - Orange Radiation Protection Qualification Training - Plant Layout Training Page 221 15 - Fires involving radioactive materials - Electrical fires A5. Access to Fire Marshal's Office Curriculum for DNGS Fire Fighters It is mutually agreed that approved standard approaches and techniques for firefighting will benefit both fire fighting forces. CFS will assist OPG in qualifying a master/trainer facilitator for DNGS and CFS will assist DNGS in acquiring access to OPG officer development courses. A6. Mutual Aid Arrangements Both Clarington and DNGS have substantial firefighting and emergency response resources at their disposal. It is acknowledged that the combined resource is a significant force that should be made available to help safeguard the community in the event of a major incident. It is also recognized that a major incident, either on-site or off- site, will tax the resources of the respective fire and emergency crews either at DNGS or at Clarington. In the event of a major off-site incident, OPG agrees to provide assistance to Clarington if requested, and within the limitations of the Station Operating License. This assistance may include personnel (e.g. drivers for OPG vehicles), equipment and supplies to support Clarington in their efforts to control and/or mitigate an emergency. Notwithstanding the foregoing, OPG personnel will not engage in active firefighting activities off OPG property but will provide assistance in a support capacity. DNGS is staffed with full-time NFPA 1081 qualified emergency response personnel available 24 hours a day, seven days a week. Nonetheless, CFS will be called to all fire events at DNGS to provide assistance as required. DNGS shall provide clearly marked access routes for responding emergency vehicles and shall provide a security escort from the Brock Road guardhouse. A7. Equipment and Supplies It is recognized that if equipment and supplies are to be shared as agreed above, then such equipment and supplies should be fully compatible. It is agreed that, to the extent practicable, equipment and supplies purchased and used at DNGS shall be fully compatible with equipment and supplies used by CFS. Every commercially reasonable effort will be made by OPG to ensure full compatibility with equipment used by CFS. Self-contained breathing apparatus shall be the same and air cylinders shall be interchangeable. All fire hose threads and fittings shall be compatible or adapters purchased to ensure that all CFS hoses, nozzles and related equipment are interchangeable. Where the purchase of a new item of equipment may be mutually beneficial Page 222 16 consideration shall be given to the joint purchase of such equipment to limit the cost to both parties. A8. Community Emergency Management Program Pursuant to the Emergency Management and Civil Protection Act, R.S.O. 1990 c.E9 and Ontario Regulation 380/04, Clarington maintains a CEMP, as described in Appendix C of this MOU. As a host municipality to DNGS, Clarington has an increased level of responsibility in dealing with potential emergency situations at DNGS. The additional requirements associated with hosting a nuclear facility therefore greatly enhance the demands that are placed upon a community. DNGS and CFS staff also recognize that it would be mutually beneficial to schedule annual meetings to review the emergency management programs. A9. Conclusion In summary, the MOU provides for a high level of mutual aid between the parties and will assist in providing a strong foundation for continued productive working relationships between Clarington and OPG. More importantly, it provides the local community with access to additional resources from OPG to deal with major incidents, improved training for emergency response staff and confidence that public safety is assured at all times. The signatures below constitute agreement on the joint work plan for the duration of the MOU. ONTARIO POWER GENERATION INC. By: Sample Name: Title: THE MUNICIPALITY OF CLARINGTON By: Sample Name: Title: Page 223 17 Appendix C Municipality of Clarington Emergency Management Program Introduction This Appendix is intended to provide an overview of the Clarington Community Emergency Management Program (the “Program”). The Program The Program was designed and is maintained to ensure that, should any type of community emergency occur, the Mayor, City Council, and staff are prepared and able to effectively oversee large-scale emergency response activities and services. A community emergency is a significant event that affects a large portion of a community including its people, property, infrastructure, economic stability, and environment. Community emergencies include, but are not limited to, events that involve natural, technological, and human-caused hazards such as extreme weather conditions, major transportation accidents, nuclear emergency, or a large-scale act of terrorism. The Program is based on requirements of the Ontario Emergency Management and Civil Protection Act and its regulations Clarington has developed and maintains the following Program components: •Community Emergency Management By-law; •Community Emergency Management Plan; •Community Emergency Supporting Plans; •Other supporting internal and external plan, procedures, lists, etc.; •Community Emergency Management Program Committee; •Community Emergency Management Coordinator; •Municipal Emergency Operations Centre (MEOC) and the Alternate MEOC; •Municipal Control Group (MCG), Support and Technical Staff; •Staff Education and Training; •Public Awareness, Education, and Preparedness; •Cooperation and sharing with other governments, organizations, agencies, etc.; •Emergency Response Capability; and •Annual Program Review and Report. During a community emergency, the Municipal Emergency Control Group would assemble at the MEOC. At that location, they would strategically manage and support the on-scene response activities of emergency responders. Page 224 18 FIRE PROTECTION AND COMMUNITY EMERGENCY MANAGEMENT COMMUNITY EMERGENCY MANAGEMENT FUNCTION OVERVIEW OF DUTIES AND RESPONSIBILITIES The Community Emergency Management functions are the responsibility of the Community Emergency Management Coordinator (CEMC), being the Fire Chief or Deputy Fire Chief - CFS. The CEMC reports to Clarington’s Chief Administrative Officer. Contact with the Mayor and Council together with corporate staff is also a routine part of the working arrangement. The Community Emergency Management function includes CEMC development and maintenance of the Clarington program documentation, including the Community Emergency Management By-law, Community Emergency Management Plan, various supporting plans, procedures and other related Program documentation. Corporate education and training is an ongoing duty to ensure that the Mayor, Council, staff, and others associated with the Program have the required knowledge and skills for managing a potential community emergency. The CEMC maintains the Municipal Emergency Operations Centre in a constant ready state. Public awareness and educational services are also provided by the CEMC on an ongoing basis via Clarington’s website, literature development/distribution, and public presentations. The function requires considerable contact work with external officials and organizations such as Emergency Management Ontario, Durham Emergency Management Office, other Durham area municipalities, non-governmental organizations, OPG, etc. Maintenance of those relationships is a vital aspect of how Clarington prepares itself for a major emergency event. In addition, the CEMC routinely liaises OPG staff on various local issues. License renewal applications and matters of public affairs that Clarington and the community are examples of issues that require Clarington staff members to attend to on a frequent basis. The most common situation involves addressing issues that arise from OPG Public Interest Notifications and other events that occur at DNGS. Page 225 Page 226 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: CLD-017-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Anne Greentree, Municipal Clerk Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: Report Subject: Accessible Canada Act Recommendations: 1. That Report CLD-017-19 be received; and 2. That all interested parties listed in Report CLD-017-19, and any delegations be advised of Council’s decision. Page 227 Municipality of Clarington Page 2 Report CLD-017-19 1. Background 1.1. Bill C-81, the Accessible Canada Act, was first tabled in Parliament on June 20, 2018, and was passed by the Senate, with amendments, on May 13, 2019. The House of Commons concurred with all amendments on May 29, 2019. 1.2. On June 21, 2019 the Accessible Canada Act received Royal Assent, It was passed in both the House of Commons and the Senate of Canada with unanimous support from all parliamentarians. 1.3. The Accessible Canada Act was developed following the most inclusive and accessible consultations with the disability community in our Country's history. More than 100 accessibility organizations and 6,000 Canadians shared their views and idea s about an accessible Canada. 1.4. Approximately one in five Canadians, or about 6.2 million people aged 15 and over, report having a disability that limits them in their daily activities. In Ontario, approximately 24% of people have a disability. This equates to approximately 23,000 people in Clarington. 2. Purpose and Vision of the Accessible Canada Act 2.1. The Accessible Canada Act aims to benefit everyone, especially persons with disabilities through the realization of a Canada without barriers on or before January 1, 2040. Barriers will be addressed in the following areas: a) Employment; b) The built environment; c) Information and communication technologies; c.1) Communication, other than information and communication technologies; d) The procurement of goods, services and facilities; e) The design and delivery of programs and services; Report Overview This report will provide a summary of the Accessible Canada Act which received Royal Assent on June 21, 2019. Page 228 Municipality of Clarington Page 3 Report CLD-017-19 f) Transportation; and g) Areas designated under regulations made under paragraph 117(1)(b). 2.2. The Accessible Canada Act will change the way that the Government of Canada, and organizations within federal jurisdiction, address disability and accessibility and interact with Canadians. 2.3. By proactively eliminating and preventing barriers, the Government of Canada aims to ensure greater opportunities for persons with disabilities. 3. Guiding Principles 3.1. The Accessible Canada Act sets out clear guiding principles that shall be reflected in the implementation of the Act and its future standards. 1. All persons must be treated with dignity regardless of their disabilities; 2. All persons must have the same opportunity to make for themselves the lives that they are able and wish to have regardless of their disabilities; 3. All persons must have barrier-free access to full and equal participation in society, regardless of their disabilities; 4. Laws, policies, programs, services and structures must take into account the disabilities of persons, the different ways that persons interact with their environment and the multiple and intersecting forms of marginalization and discrimination faced by persons; 5. Persons with disabilities must be involved in the development and design of laws, policies, services and structures; and 6. The development and revision of accessibility standards and the making of regulations must be done with the objective of achieving the highest level of accessibility for persons with disabilities. 3.2. In comparison to the Accessibility for Ontarians with Disabilities Act (AODA), the guiding principles are a significant step forward for an accessibility act. There are no similar principles in the AODA, which has led to differences of opinion between advocates and obligated organizations. Page 229 Municipality of Clarington Page 4 Report CLD-017-19 4. Disability Definitions 4.1. There are two definitions in the Accessible Canada Act that are significantly different from the AODA and it is expected that these fede ral definitions may impact the AODA in future reviews of the act and its standards; although there is no immediate impact. This new definition of disability may also impact social programs and services in the future as the Ontario Government may want to harmonize definitions to reduce confusion and ensure consistency. 4.2. Disability is defined as any impairment, including a physical, mental, intellectual, cognitive, learning, communication or sensory impairment – or a functional limitation – whether permanent, temporary or episodic in nature, or evident or not, that, in interaction with a barrier, hinders a person’s full and equal participation in society. 4.3. Barrier is defined as anything – including anything physical, architectural, technological or attitudinal, anything that is based on information or communications or anything that is the result of a policy or a practice – that hinders the full and equal participation in society of persons with an impairment, including a physical, mental, intellection, cognitive, learning, communication or sensory impairment or a functional limitation. 4.4. Together, the definitions of disability and barrier emphasize the relationship between an impairment or functional limitation and the world around them. It shifts disability from a n individual issue to one that requires society to address barriers that limit people with disabilities. 5. Standards of the Accessible Canada Act 5.1. Similar to the AODA, the Accessible Canada Act will establish accessibility standards. It will be in these accessibility standards where the Government of Canada will establish what requirements obligated organizations must follow and by what timeframe. 5.2. Future standards will address federally regulated entities such as Parliament, the Government of Canada, and federally-regulated sectors in the following ways: a. Service design and delivery (services that are accessible to everyone) b. Built environment (moving freely in buildings and public spaces) c. Information and communication technologies (digital content and technologies) d. Communications (for people with communication disabilities) Page 230 Municipality of Clarington Page 5 Report CLD-017-19 e. Transportation (air, rail and other federally regulated transportation networks) f. Procurement (ensuring purchases of accessible goods, services and facilities) 5.3. It is unclear, at this time, the specifics of what will be included in these future standards. It is expected that the Government of Canada will consult with Canadians with disabilities extensively, just as they did with the development of the Accessible Canada Act. 6. Impact on the Municipality 6.1. The Accessible Canada Act applies to organizations under federal jurisdiction, therefore the impact of this Act on the Municipality of Clarington will be limited, with a few exceptions. 6.2. The Accessible Canada Act establishes a formal National AccessAbility Week beginning on the last Sunday of May. In the past, there was no official National AccessAbility Week, just unofficial weeks established by community groups that roughly coincided with the abovementioned week. Sometimes they were called Na tional Access Awareness Week or other similar variations. 6.3. Since the Municipality has been recognizing National AccessAbility Week each year, there is no new impact. 6.4. The Accessible Canada Act establishes that American Sign Language, Quebec Sign Language and Indigenous sign languages are recognised as the primary languages for communication by Deaf persons in Canada. 6.5. Prior to this, there was no formal recognition of these sign languages. As a result, persons who communicate through sign language often felt discriminated against because their language was not formally recognized. 6.6. As required under the AODA, the Municipality will communicate with persons in ways that take into account their disability, which includes sign language. No significant impact is anticipated, however it is possible the Municipality will receive more requests for sign language interpretation. 6.7. As noted in section 3.1, the Accessible Canada Act sets out to achieve the highest level of accessibility. This is a substantial step forward, espe cially in comparison to the AODA which is often referred to as “minimum standards” for accessibility. Instead of working towards “minimum standards”, the Accessible Canada Act is working towards the highest level of accessibility. Page 231 Municipality of Clarington Page 6 Report CLD-017-19 6.8. At this time there is no direct impact on the Municipality, however once the standards are in place, there may be best practices or design features that could be voluntarily adopted. While the Municipality would not be obligated to comply with the federal standards, there is nothing that would prohibit us from doing so voluntarily, if it resulted in a higher level of accessibility. 7. Concurrence Not Applicable. 8. Conclusion While the Municipality of Clarington is not directly impacted by the passage of the Accessible Canada Act, we will continue to monitor its progress for best practices and opportunities for removing barriers in our communities. The Municipality of Clarington will continue comply with the AODA and its standards. Our goal of becoming a barrier-free community is unchanged and our commitment to accessibility remains strong and focused. It is respectfully recommended that Council receive this report for information. Staff Contact: Jeannette Whynot, Accessibility Coordinator, 905-623-3379 x 2131 or jwhynot@clarington.net. Attachments: Not Applicable Interested Parties: That all interested parties listed in Report CLD-017-19 and any delegations be advised of Council's decision. Page 232 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: CLD-018-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Anne Greentree, Municipal Clerk Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: Report Subject: Parking in Municipal Parking Lots Recommendations: 1. That Report CLD-018-19 be received; 2. That the By-law attached to Report CLD-018-19, as Attachment 1, be approved; and 3. That all interested parties listed in CLD-018-19, and any delegations be advised of Council’s decision. Page 233 Municipality of Clarington Page 2 Report CLD-018-19 1. Background 1.1. In the Joint Committee meeting on December 10, 2018, Council passed Resolution JC#20-18, referring the Bowmanville Business Improvement Area’s (BIA’s) request for two hour free parking be removed from Municipal lots to staff . 1.2. Municipal lots have had the first two hours free since 1998, arising out of Report TR-58-98, at the request of the BIA to initiate a pilot project to commence the first two free hours. There has been no change in fees for lots or meters since. 1.3. Enforcement within Municipal lots is conducted on a regular basis, and consists of an officer regularly patrolling. Vehicles that are observed without a pay and display ticket or a Municipally issued parking pass are noted and a timing commences. The officer must then return after two hours in order to determine that the vehicle has not displayed a parking permit and a parking infraction notice can be issued. 1.4. Over the last year, the Division Street lot pay and display machine has encountered many technical issues causing the machine to be out of service. In addition , it has been noted that users continuously encounter issues purchasing tickets as the machine is not typical of pay and display machines, in that coins are inserted and time accumulates. Also, both the 132 Church and 168 Church St. lots are at their end of asset life and are encountering technical issues. All have been budgeted for replacement in the fall of 2019. 1.5. Revenue for meters is not distinguished between lots and on street parking. The average annual revenue over the last four years has been approximately $110,000 annually. Enforcement has decreased due to the above mentioned issues of the pay and display meters. Report Overview To provide Council with direction to approve the removal of the two hour free parking in Municipal lots and increase parking fees. Page 234 Municipality of Clarington Page 3 Report CLD-018-19 2. Discussion 2.1. Current fees for downtown parking are considerably lower as compared to surrounding municipalities, and have had no increase in over 15 years. The current rate of fifty cents an hour in Clarington is lower than the following comparator municipalities: Municipality Oshawa Coburg Whitby Peterborough Belleville Per Hour 1.25 1.00 1.50 1.00 1.00 2.2. It would be beneficial to increase the per hour rate to $1.00 an hour to reflect increased costs for staffing and maintenance and to assist in keeping the associated costs of parking enforcement from the tax base. 2.3. The purpose of the two hour free parking in municipal lots was to provide business owners and individuals that may be spending time longer then what on -street meters permit. The removal of the two hours free would assist in enforcement efforts and increase revenue. In addition, the proposed increased costs of parking in a municipal lot would be more reflective of utilizing on-street permits. 3. Concurrence This report has been reviewed by the Director of Finance/Treasurer and the Municipal Solicitor who concur with the recommendations. 4. Conclusion It is respectfully recommended that the Traffic Bylaw 2014-059, schedules 5 and 6, be amended as attached. Staff Contact: Duncan Anderson, Municipal Law Enforcement Manager, 905-623-3379 ext. 2110 or danderson@clarington.net. Attachment: Attachment 1 – By-law to amend By-law 2014-059 Interested Parties: Bowmanville BIA Page 235 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2019-XXX Being a by-law to amend the Traffic Bylaw 2014-059. Whereas the Council of the Corporation of the Municipality of Clarington deems it desirable to amend Traffic By-law 2014-059 to change the parking fees in Schedule 5 and Schedule 6. Now therefore be it enacted: 1. That Schedule 5, Parking Meter Zones on Highways, of By-law 2014-059, be deleted and replaced with the attached Schedule 5. 2. That Schedule 6, Parking Meter Zones on Municipal Property, of By-law 2014-059, be deleted and replaced with the attached Schedule 6. 3. That this by-law comes into effect on the day it is passed. PASSED this xxth day of ________, 2019. ______________________________ Adrian Foster, Mayor ________________________________ C. Anne Greentree, Municipal Clerk Page 236 Schedule # 5 Parking Meter Zones On Highways Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Highway Side From To Effective Times Or Days Rate Maximum Time Limit Church Street North 80 m west of Silver Street Silver Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours Church Street North & South Silver Street Temperance Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours Division Street East Queen Street Church Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours Division Street West 50 m south of King Street Church Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours King Street North Scugog Street George Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours King Street South Scugog Street 20 m east of George Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours Silver Street East King Street Church Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours Temperance Street East & West Queen Street Wellington Street 9:00-18:00 Monday to Friday, except public holidays and the period from December 15 to 31 $1.00/1 hr 2 hours Page 237 Schedule # 6 Parking Meter Zones On Municipal Property Column 1 Column 2 Column 3 Column 4 Municipal Address Effective Times Or Days Rate Maximum Time Limit 132 Church Street, Bowmanville, west lot and east lot 8:00-18:00 Monday to Friday $1.00/1 hr Max $8.00 10 hours 132 Church Street, Bowmanville, west lot and east lot 18:01-07:59 weekdays No hourly fee 2 hours 132 Church Street, Bowmanville, west lot and east lot weekends & public holiday No hourly fee 2 hours 30 Division Street, Bowmanville 8:00-18:00 Monday to Friday $1.00/1 hr Max $8.00 10 hours 30 Division Street, Bowmanville 18:01-07:59 weekdays No hourly fee 2 hours 30 Division Street, Bowmanville weekends & public holiday No hourly fee 2 hours 20 King Street East, Bowmanville 8:00-18:00 Monday to Friday $1.00/1 hr Max $8.00 10 hours 20 King Street East, Bowmanville 18:01-07:59 weekdays No hourly fee 2 hours 20 King Street East, Bowmanville weekends & public holiday No hourly fee 2 hours 15 Silver Street, Bowmanville 8:00-18:00 Monday to Friday $1.00/1 hr Max $8.00 10 hours 15 Silver Street, Bowmanville 18:01-07:59 weekdays No hourly fee 2 hours 15 Silver Street, Bowmanville weekends & public holiday No hourly fee 2 hours 166 Church Street, Bowmanville 8:00-18:00 Monday to Friday $1.00/1 hr 10 hours Page 238 Schedule # 6 Parking Meter Zones On Municipal Property Column 1 Column 2 Column 3 Column 4 Municipal Address Effective Times Or Days Rate Maximum Time Limit Max $8.00 166 Church Street, Bowmanville 18:01-07:59 weekdays No hourly fee 2 hours 166 Church Street, Bowmanville weekends & public holiday No hourly fee 2 hours Page 239 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: COD-013-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Marie Marano, Director of Corporate Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: Report Subject: Council Awards During Council Recess Recommendation: 1. That Report COD-013-19 be received for information. Page 240 Municipality of Clarington Page 2 Report COD-013-19 1. Background 1.1. During periods when Council is in Recess, provision has been made for the approval of contract awards in order to continue with business as usual. During the summer recess of 2019 there were x contract awards that would normally necessitate a report to Council. 2. Comments 2.1. In accordance with Purchasing By-Law 2015-022 S. 73 (2), the following contracts were awarded during the Council Recess: PS Report# Contract# Description PS-006-19 CL2019 11 Curb Reinstatement Services PS-007-19 RFP2019-3 Needs Assessment Report PS-009-19 RFP2019-7 Outdoor Recreation Needs Assessment PS-011-19 Q2019-7 GBRRC Refrigeration System Plate Heat Exchanger Replacement PS-012-19 CL2019-14 2019 Pavement Rehabilitation PS-014-19 RFP2019-8 Consulting Services for Development Charges Background Study, Community Benefit Charges Study & Draft By-Law(s) PS-015-19 CL2019-9 Storm Water Maintenance Pond Cleanout and Maintenance PS-017-19 CL2019-16 Alexander Blvd and Liberty Place Reconstruction PS-019-19 RFP2019-19 Actuarial Services PS-021-19 CL2019-24 Bowmanville Library Renovation PS-022-19 CL2019-29 2019 Sidewalk Replacement and New Construction Report Overview To report to Council on the contracts awarded during Council Recess Page 241 Municipality of Clarington Page 3 Report COD-013-19 2.2. A copy of the recommending Purchasing Services Reports for the above noted projects are attached as Attachments. 3. Concurrence Not Applicable. 4. Conclusion The action taken by Staff as documented in the attached Report Memos be provided for Council’s information. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext. 2209 or dferguson@clarington.net. Attachments: Attachment 1, PS-006-19 Curb Reinstatement Services Attachment 2, PS-007-19 Needs Assessment Report Attachment 3, PS-009-19 Outdoor Recreation Needs Assessment Attachment 4, PS-011-19 GBRRC Refrigeration System Plate Heat Exchanger Replacement Attachment 5, PS-012-19 2019 Pavement Rehabilitation Attachment 6, PS-014-19 Consulting Services for Development Charges Background Study, Community Benefit Charges Study & Draft By-Law(s) Attachment 7, PS-015-19 Storm Water Maintenance Pond Cleanout and Maintenance Attachment 8, PS-017-19 Alexander Blvd and Liberty Place Reconstruction Attachment 9, PS-019-19 Actuarial Services Attachment 10, PS-021-19 Bowmanville Library Renovation Attachment 11, PS-022-19 2019 Sidewalk Replacement and New Construction Interested Parties: There are no interested parties to be notified of Council's decision. Page 242 Page 243 Page 244 Page 245 Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 Page 266 Page 267 Page 268 Page 269 Page 270 Page 271 Page 272 Page 273 Page 274 Page 275 Page 276 Page 277 Page 278 Page 279 Page 280 Page 281 Page 282 Page 283 Page 284 Page 285 Page 286 Page 287 Page 288 Page 289 Page 290 Page 291 Page 292 Page 293 Page 294 Page 295 Page 296 Page 297 Page 298 Page 299 Page 300 Page 301 Page 302 Page 303 Page 304 Page 305 Page 306 Page 307 Page 308 Page 309 Page 310 Page 311 Page 312 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: FND-022-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Trevor Pinn, Director of Finance/Treasurer Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: Report Subject: Financial Update as at June 30, 2019 Recommendation: 1. That Report FND-022-19 be received for information. Page 313 Municipality of Clarington Page 2 Report FND-022-19 1. Background 1.1. The financial update has been designed to focus on overall budget variances. The reporting has been expanded to show the sub-department budget to actual variances. As per report FND-005-19 Council discretionary expenses are now included in this report. 2. Second Quarter of 2019 Financial Results Operating Budget to Actual Variances 2.1. Attachment 1, Summary of Operating Expenditures and Revenues, compares the Municipality’s budget to actual posted expenditures and revenues as of June 30, 2019. This statement reflects the Municipality’s operating budget only and excludes the year to date expenditures of the library, museum, BIAs and consolidated hall boards. Year to date expenditures as of June 30, 2019 totalled $48,787,684 which represents 98.5% of the second quarter budget. Year to date revenues totalled $65,854,229 which represents 99.9% of the second quarter budget. Overall the operating budget is on target. 2.2. Attachment 1 is intended to provide an indication of the status of the Municipality’s operating accounts as of June 30, 2019 compared to the approved budget. There are some seasonal trends for many activities, however there can still be some timing fluctuations from year to year and quarter to quarter. To best capture the trends, the budget is allocated on a monthly basis based on the prior year’s actual monthly distribution. In cases where there is no prior history, the monthly allocation is divided equally over the twelve months. Due to these timing differences that occur throughout the accounts, this statement cannot be used in isolation, nor can it be extrapolated to predict the whole year’s activities. Monthly trial balances are sent to each department for regular review. This report has been expanded to show the variances at a sub - department level. Certain sub-departments have been combined where the results are nominal overall. Revenues and expenditures that have a variance above or below budget that are noteworthy are discussed in this report. Report Overview The purpose of this report is to update Council on the overall budget variances as of June 30, 2019 as well as other financial indicators such as taxes receivable, reserve fund investments, debt and development charges collected. Also included is a summary of Council’s discretionary expenses. The Council expenses is for information only and is not the annual reporting of Council remuneration as required under the Municipal Act, 2001. Page 314 Municipality of Clarington Page 3 Report FND-022-19 2.3. In the Clerk’s department, the revenues are higher than budgeted due to the parking fines and meter revenues. All of these revenues have a corresponding expense under Parking which transfers these funds to the Parking Lot Reserve Fund. The Parking Lot Reserve Fund is used to fund the parking enforcement division activities each year. 2.4. Emergency Services revenues are higher due to revenues from Ontario Power Generation under the Memorandum of Understanding with the M unicipality. 2.5. There has been a slowdown in housing starts and development. This is apparent by the drastic decline in development charges collected as shown on Attachment 4. Similarly with building permit revenues, there has been a decline when compared to the previous year. As of June 2019 building permit revenue was $1,062,972 (62.2% of total 2019 budgeted amount) compared to $2,269,184 for the same period last year. This shows a 53% drop in building permits. Administration revenues are higher due to inspection fees and increase in Municipal consent permit fees. Note that engineering inspection and review fees are not budgeted. There is a corresponding expense which transfers these inspection and review fees to the Engineering and Inspection Fees Reserve Fund under the sub-department Administration. During the budget deliberations the Engineering and Inspection Fees Reserve Fund is utilized to offset the tax levy requirements. 2.6. Operations revenues and expenditures have some variances due to the timing of work done and purchases. While there are some seasonal trends, they are not always consistent year to year due to external pressures such as weather. As the year progresses there is some levelling of the variances. Revenues under Administration include sports field rentals and work for others. Work for others is road maintenance that the Municipality does on Regional roads and unassumed subdivisions that is recovered through invoicing. Recycling and green bins are sold as a service to residents on a cost recovery basis. Winter control costs continue to put pressure on the budget. The higher costs are mitigated by lower expenditures in other areas. Due to the requirement under the Minimum Maintenance Standards and the variable weather, winter control costs are difficult to predict. At the end of June 2019, flooding has caused some additional costs of approximately $43,700 under Road Maintenance. These costs will increase over the third quarter. The Fleet sub-department is set up as a cost recovery allocation which is used to allocate the equipment costs to the work areas. 2.7. Under Planning there is a sub-department Development Review. In this sub- department are the secondary plan reviews and sub-watershed studies. These are set up as a cost recovery so there are corresponding expense accounts. The direct costs will be offset by the revenues. Page 315 Municipality of Clarington Page 4 Report FND-022-19 Municipal Property Taxes 2.8. Attachment 2, Continuity of Taxes Receivable as of June 30, 2019, provides the status of the taxes billed and collected by the Municipality during the second quarter. A total of $43,806,587 in interim tax bills and $39,470,466 in final tax bills were issued to property owners during the second quarter. At the end of June 2019, a total of $13,029,198 remains unpaid compared to June 2018 taxes receivable of $12,266,054. The net balance is $763,144 higher or 6.2% higher than the previous year. Overall taxes receivable are stable. Regular collections continue to manage the balance of the taxes receivable. Debentures 2.9. Attachment 3, Debenture Repayment Schedule provides the status of the Municipality’s long term debt obligations as of January 1, 2019. In 2019, the debt repayment obligations are $2,841,958. The annual principal and interest payments required to service these liabilities remain well below the annual debt repayment limits prescribed by the Ministry of Municipal Affairs and Housing. Municipal Development Charges 2.10. Attachment 4, Municipal development charges as of June 30, 2019, provides the municipal development charges collected grouped into residential and non-residential. As of June 30, 2019 residential municipal development charges collected are $1,136,772. In the 2015 Development Charges Background Study, it was forecasted that the Municipality would be collecting approximately 805 in total for 2019 or about 402 units for half a year. Development charges have been collected for 75 units. At the end of June 2019 there was an 83.6% decrease in development charges collected and an 81.8% decrease in the number of units compared to June 2018. The development charges continue to be significantly lower in 2019 when compared to prior years. 2.11. As of June 30, 2019 there has been $255,299 in non-residential development charges collected. Non-residential development charges are based on the building floor area rather than a total building unit cost. There are fluctuations quarter to quarter as well as year to year in non-residential development charges. 2.12. In the 2015 Development Charges By-law 2015-035, there are a number of incentives to encourage development in Clarington, mainly relating to multi-residential, commercial and industrial development. There have been no new incentives given in 2019. Since July 2015, there has been a total of $1,555,276.71 in development charge incentives given to 15 properties. Between residential and non -residential the split is approximately 37% and 63% respectively. Note that incentives are required to be covered by the Municipality’s tax base. Page 316 Municipality of Clarington Page 5 Report FND-022-19 Council Expenses 2.13. Attachment 5, Council Expenses as of June 30, 2019, summarizes Council expenses at the end of the second quarter. Only discretionary expenses such as event tickets, conferences, educations courses and external kilometre reimbursement are included in this report. This report only includes transactions posted in the first half of the year. As of June 30, 2019 at total of $11,397.86 in discretionary expenses have been paid to Council. Salary, tax free allowance, OMERS equivalent, severance pay and travel allowance as per By-law 2011-005 are not included in the totals. Investments 2.14. The quarterly financial update provides an overview of investments. As of June 30, 2019 the Municipality is compliant with its current Investment Policy. Note that as per the Investment Policy the operating bank account is not included in the following tables. Staff are continuing preparations for Prudent Investor in conjunction with the ONE Investment and other founding municipalities as directed by Council. Prudent Investor will provide the opportunity for greater flexibility, diversification and possibility of greater returns on the Municipality’s investments. 2.15. As per the Investment Policy, the terms or length of investments been set to ensure liquidity and to minimize interest rate risk. Table 1 shows the term of the investments as of June 30, 2019. Table 1 Term of Investments 1 Total Funds % of Total Minimum Range Maximum Range 90 Days $ 54,997,797 47.1% 20% 100% 90 Days to 1 Year 7,527,167 6.4% 53.6% 30% 100% 1 to 5 Years 51,495,849 44.1% 0% 85% 5 to 10 Years 2,388,000 2.0% 0% 50% 10 to 20 Years 299,454 0.3% 0% 30% $ 116,708,267 100.0% Page 317 Municipality of Clarington Page 6 Report FND-022-19 2.16. The Investment Policy also sets out the types of investments to create a diversified portfolio. Table 2 shows the types of investments held by the Municipality as of June 30, 2019. Table 2 Type of Investments 1 Total Funds % of Total Minimum Range Maximum Range HISA $ 46,488,648 39.8% 0% 100% Federal Debt - 0.0% 0% 100% Provincial Debt 2,369,686 2.0% 0% 80% Municipal Debt 299,454 0.3% 0% 35% Financial Institutions 62,918,352 53.9% 0% 60% Corporate Debt (non-financial) - 0.0% 0% 10% ONE Investment Pools 4,632,127 4.0% 0% 25% $ 116,708,267 100.0% 3. Concurrence Not Applicable. 4. Conclusion It is respectfully recommended that the second quarter of 2019 financial update report be received for information. Staff Contact: Catherine Carr, Manager of Internal Audit, 905-623-3379 ext. 2606 or ccarr@clarington.net Attachments: Attachment 1 – Summary of Operating Revenues and Expenses Attachment 2 – Continuity of Taxes Receivable Attachment 3 – Debenture Repayment Schedule Attachment 4 – Municipal Development Charges Attachment 5 – Council Expenses Interested Parties: There are no interested parties to be notified of Council's decision. Page 318 The Municipality of Clarington Attachment 1 Summary of Operating Expenditures and Revenues for the SIx Months Ending June 30, 2019 to Report FND-022-19 2019 Qtr 2 Budget YTD 2019 Qtr 2 Actual YTD 2019 Qtr 2 Unexpended 2019 Qtr 2 % Expended 2018 Qtr 2 Budget YTD 2018 Qtr 2 Actual YTD 2018 Qtr 2 Unexpended 2019 Total Budget 2019 % of budget spent 05 Non-departmental Accounts Municipal Taxation (54,667,545)(54,286,493)(381,052)99.3%(55,749,025)(55,999,029)250,004 (65,750,542)82.6% Grants - (101,911)101,911 - (84,330)84,330 - Fees/Service Charges/Fines/Other (40,316) (36,212) (4,104)89.8%(70,866) (92,730) 21,864 (462,563) 7.8% Investment Income (1,129,500)(1,345,049)215,549 119.1%(1,013,633)(1,266,375)252,742 (1,619,200)83.1% Contributions (4,811,301)(4,009,991)(801,310)83.3%(5,762,273)(5,534,781)(227,492)(4,846,301)82.7% Taxation/Revenue/Contributions (60,648,662)(59,779,656)(869,006)98.6%(62,595,797)(62,977,245)381,448 (72,678,606)82.3% 59 BIA Taxation BIA Taxes - - - - - - (215,200)0.0% BIA Payments 215,200 215,200 - 100.0%211,820 211,820 - 215,200 100.0% Net Expenditures 215,200 215,200 - 100.0%211,820 211,820 - - 10 Mayor and Council Mayor's Office 224,065 219,756 4,309 98.1%233,704 233,289 415 442,540 49.7% Councillors' Office 258,856 275,111 (16,255)106.3%264,364 260,138 4,226 501,942 54.8% Net Expenditures 482,921 494,867 (11,946)102.5%498,068 493,427 4,641 944,482 52.4% 13 Administrator's Office Administration - - - (1,627)- (1,627)- Communications (36,384)(27,280)(9,104)75.0%(56,185)(35,219)(20,966)(45,000)60.6% Tourism (30,007)(22,080)(7,927)73.6%(14,820)(30,440)15,620 (30,500)72.4% Port Granby (23,875)(21,231)(2,644)88.9%(46,565)(29,206)(17,359)(83,500)25.4% Revenues/Recoveries (90,266)(70,591)(19,675)78.2%(119,197)(94,865)(24,332)(159,000)44.4% Administration 639,837 658,942 (19,105)103.0%578,254 579,539 (1,285)1,014,347 65.0% Communications 437,845 413,418 24,427 94.4%393,460 415,800 (22,340)861,013 48.0% Tourism 192,059 143,149 48,910 74.5%174,166 164,417 9,749 337,556 42.4% Port Granby 30,798 25,457 5,341 82.7%31,440 32,194 (754)83,500 30.5% Expenditures 1,300,539 1,240,966 59,573 95.4%1,177,320 1,191,950 (14,630)2,296,416 54.0% Net Expenditures 1,210,273 1,170,375 39,898 96.7%1,058,123 1,097,085 (38,962) 2,137,416 54.8% 14 Legal Administration Revenues/Recoveries (77,197)(58,976)(18,221)76.4%(44,468)(38,620)(5,848)(160,000)36.9% Expenditures 250,897 212,853 38,044 84.8%265,773 266,214 (441)543,261 39.2% Net Expenditures 173,700 153,877 19,823 88.6%221,305 227,594 (6,289) 383,261 40.1% Page 319 The Municipality of Clarington Attachment 1 Summary of Operating Expenditures and Revenues for the SIx Months Ending June 30, 2019 to Report FND-022-19 2019 Qtr 2 Budget YTD 2019 Qtr 2 Actual YTD 2019 Qtr 2 Unexpended 2019 Qtr 2 % Expended 2018 Qtr 2 Budget YTD 2018 Qtr 2 Actual YTD 2018 Qtr 2 Unexpended 2019 Total Budget 2019 % of budget spent 16 Corporate Services Revenue/Recoveries (736)(201)(535)27.3%(8,000) (143,611)135,611 (12,000)1.7% Administration 98,394 100,888 (2,494)102.5%92,383 97,930 (5,547)217,400 46.4% Human Resources/Payroll 1,073,644 1,039,181 34,463 96.8%1,062,716 1,041,449 21,267 1,745,067 59.5% Information Technology 1,148,400 1,150,034 (1,634)100.1%1,379,449 1,301,788 77,661 1,905,848 60.3% Purchasing 314,674 309,459 5,215 98.3%303,284 336,388 (33,104)617,649 50.1% Health & Safety 3,472 4,126 (654)118.8%7,963 3,534 4,429 13,775 30.0% Expenditures 2,638,584 2,603,688 34,896 98.7%2,845,795 2,781,089 64,706 4,499,739 57.9% Net Expenditures 2,637,848 2,603,487 34,361 98.7%2,837,795 2,637,478 200,317 4,487,739 58.0% 19 Clerk's Administration (68,941)(56,925)(12,016)82.6%(63,771)(62,128)(1,643)(123,000)46.3% Animal Services (49,704)(49,316)(388)99.2%(36,738)(42,510)5,772 (77,800)63.4% Municipal Law Enforcement (22,860)(49,374)26,514 216.0%(20,539)(61,653)41,114 (38,000)129.9% Parking Enforcement (100,672)(233,996)133,324 232.4%(131,960)(155,723)23,763 (280,000)83.6% Election - 529 (529.00) - (1,700)1,700 Wildlife Damage Grants (from Province)(9,472)(6,218)(3,254)65.6%(12,915)(7,465)(5,450)(22,000)28.3% Cemetery (82,329)(66,900)(15,429)81.3%(68,537)(94,955)26,418 (140,100)47.8% Revenues/Recoveries (333,978)(462,200)128,222 138.4%(334,460)(426,134)91,674 (680,900)67.9% Administration 630,000 598,908 31,092 95.1%617,257 651,909 (34,652)1,250,204 47.9% Animal Services 309,021 322,212 (13,191)104.3%342,901 330,712 12,189 636,760 50.6% Municipal Law Enforcement 403,864 269,956 133,908 66.8%411,927 314,827 97,100 802,648 33.6% Parking Enforcement 322,464 421,177 (98,713)130.6%271,607 312,722 (41,115)724,832 58.1% Election 131,700 132,671 (971)100.7%215,887 108,204 107,683 131,700 100.7% Cemetery - - - - - - 1,800 0.0% Fleet 10,697 11,327 (630)105.9%11,262 8,769 2,493 25,950 43.6% Expenditures 1,807,746 1,756,251 51,495 97.2%1,870,841 1,727,143 143,698 3,573,894 49.1% Net Expenditures 1,473,768 1,294,051 179,717 87.8%1,536,381 1,301,009 235,372 2,892,994 44.7% 21 Finance & Unclassified Administration Revenues/Recoveries (646,047)(785,776)139,729 121.6%(739,372)(766,012)26,640 (1,390,000)56.5% Finance Administration 1,358,653 1,225,738 132,915 90.2%1,344,283 1,237,443 106,840 2,695,275 45.5% Unclassified Administration 1,765,613 1,683,120 82,493 95.3%1,696,210 1,774,511 (78,301)2,873,032 58.6% Expenditures 3,124,266 2,908,858 215,408 93.1%3,040,493 3,011,954 28,539 5,568,307 52.2% Net Expenditures 2,478,219 2,123,082 355,137 85.7%2,301,121 2,245,942 55,179 4,178,307 50.8% Page 320 The Municipality of Clarington Attachment 1 Summary of Operating Expenditures and Revenues for the SIx Months Ending June 30, 2019 to Report FND-022-19 2019 Qtr 2 Budget YTD 2019 Qtr 2 Actual YTD 2019 Qtr 2 Unexpended 2019 Qtr 2 % Expended 2018 Qtr 2 Budget YTD 2018 Qtr 2 Actual YTD 2018 Qtr 2 Unexpended 2019 Total Budget 2019 % of budget spent 28 Emergency Services - Fire Administration (39,663)(124,275)84,612 313.3%(43,756)(145,255)101,499 (55,000)226.0% Prevention (41,232)(43,182)1,950 104.7%(42,176)(40,759)(1,417)(45,000)96.0% Municipal Emergency Measures (10,000)(10,000)0 100.0%(10,000)(10,000)- (10,000)100.0% Revenues/Recoveries (90,895)(177,457)86,562 195.2%(95,932)(196,014)100,082 (110,000)161.3% Administration 1,195,918 1,182,928 12,990 98.9%1,065,686 1,136,944 (71,258)1,754,586 67.4% Prevention 393,460 318,551 74,909 81.0%376,834 358,454 18,380 790,840 40.3% Suppression 4,133,246 3,899,928 233,318 94.4%4,061,087 4,020,971 40,116 8,088,866 48.2% Training/Technical Support 178,996 180,136 (1,140)100.6%175,029 99,289 75,740 350,524 51.4% Communications 266,488 276,446 (9,958)103.7%291,388 259,268 32,120 585,000 47.3% Mechanical 64,440 39,295 25,145 61.0%47,220 60,420 (13,200)120,000 32.7% All Stations, Part-time 420,464 452,401 (31,937)107.6%416,660 438,416 (21,756)844,500 53.6% Municipal Operations Centre 19,275 13,694 5,581 71.0%15,105 13,603 1,502 31,950 42.9% Maintenance Support 68,198 64,242 3,956 94.2%67,217 67,554 (337)133,078 48.3% Expenditures 6,740,485 6,427,621 312,864 95.4%6,516,226 6,454,919 61,307 12,699,344 50.6% Net Expenditures 6,649,590 6,250,164 399,426 94.0%6,420,294 6,258,905 161,389 12,589,344 49.6% 32 Engineering Services Administration (47,965)(234,974)187,009 489.9%(40,752)(261,277)220,525 (51,000)460.7% Building Inspection (1,098,707)(1,079,213)(19,494)98.2%(1,550,869)(2,288,265)737,396 (1,554,532)69.4% Revenues/Recoveries (1,146,672)(1,314,187)167,515 114.6%(1,591,621)(2,549,542)957,921 (1,605,532)81.9% Administration 4,786,515 4,818,144 (31,629)100.7%4,621,812 4,547,845 73,967 6,139,444 78.5% Debentures 465,993 453,139 12,854 97.2%458,726 459,110 (384)541,802 83.6% Building Inspection 782,015 704,431 77,584 90.1%677,111 661,780 15,331 1,550,625 45.4% Street Lighting 100,000 100,000 - 100.0%90,000 90,000 100,000 100.0% Parks 1,500 1,143 357 76.2%500 857 (357)15,500 7.4% Roads & Structures - - - - - - 21,000 Safe Roads 13,085 11,989 1,096 91.6%1,000 103 897 63,500 18.9% Fleet 1,574 428 1,146 27.2%1,874 1,750 124 5,600 7.6% Expenditures 6,150,682 6,089,274 61,408 99.0%5,851,023 5,761,445 89,578 8,437,471 72.2% Net Expenditures 5,004,010 4,775,087 228,923 95.4%4,259,402 3,211,903 1,047,499 6,831,939 69.9% Page 321 The Municipality of Clarington Attachment 1 Summary of Operating Expenditures and Revenues for the SIx Months Ending June 30, 2019 to Report FND-022-19 2019 Qtr 2 Budget YTD 2019 Qtr 2 Actual YTD 2019 Qtr 2 Unexpended 2019 Qtr 2 % Expended 2018 Qtr 2 Budget YTD 2018 Qtr 2 Actual YTD 2018 Qtr 2 Unexpended 2019 Total Budget 2019 % of budget spent 36 Operations Administration (134,490)(109,181)(25,309)81.2%(109,792)(148,769)38,977 (367,000)29.7% Street Lighting (2,000)(2,212)212 110.6%- - - (15,000)14.7% Cemetery (72,970)(68,313)(4,657)93.6%(50,787)(77,920)27,133 (127,800)53.5% Green & Recycle Bin/Bag Tag Sales (11,340)(17,592)6,252 155.1%(12,569)(12,786)217 (24,000)73.3% Road Maintenance (11,869)(14,875)3,006 125.3%(13,309)(11,820)(1,489)(19,500)76.3% Winter Control (22,508)(73,347)50,839 325.9%(61,251)(17,428)(43,823)(100,000)73.3% Revenues/Recoveries (255,177)(285,520)30,343 111.9%(247,708)(268,723)21,015 (653,300)43.7% Administration 3,694,000 3,671,597 22,403 99.4%3,357,762 3,459,396 (101,634)5,163,425 71.1% Street Lighting 627,010 483,191 143,819 77.1%605,615 619,021 (13,406)1,365,000 35.4% Debentures 175,342 155,636 19,706 88.8%707,048 732,499 (25,451)186,114 83.6% Parks 893,749 712,223 181,526 79.7%834,284 696,821 137,463 2,454,616 29.0% Cemetery 183,057 148,297 34,760 81.0%122,671 151,446 (28,775)318,025 46.6% Green & Recycle Bin/Bag Tag 5,976 14,425 (8,449)241.4%11,423 13,961 (2,538)24,000 60.1% Building & Property Services 1,748,191 1,813,140 (64,949)103.7%1,710,191 1,680,110 30,081 2,665,698 68.0% Road Maintenance 904,204 847,238 56,966 93.7%714,013 934,509 (220,496)2,927,240 28.9% Hardtop Maintenance 328,698 261,095 67,603 79.4%354,060 333,757 20,303 1,032,400 25.3% Loosetop Maintenance 147,606 96,584 51,022 65.4%107,500 81,874 25,626 415,000 23.3% Winter Control 1,638,159 2,672,055 (1,033,896)163.1%1,406,599 2,394,745 (988,146)2,478,000 107.8% Safety Devices 188,116 234,871 (46,755)124.9%360,002 218,693 141,309 527,750 44.5% Storm Water Management 12,170 2,957 9,213 24.3%22,622 12,916 9,706 129,500 2.3% Regional Roads Maintenance 21,698 40,103 (18,405)184.8%19,337 28,589 (9,252)30,800 130.2% Fleet 496,916 143,711 353,205 28.9%580,217 204,506 375,711 847,560 17.0% Library Building 7,280 4,195 3,085 57.6%6,319 5,748 571 13,460 31.2% Museum Building 13,929 8,188 5,741 58.8%16,093 15,695 398 28,870 28.4% Expenditures 11,086,101 11,309,506 (223,405)102.0%10,935,756 11,584,286 (648,530)20,607,458 54.9% Net Expenditures 10,830,924 11,023,986 (193,062)101.8%10,688,048 11,315,563 (627,515)19,954,158 55.2% 42 Community Services Administration (21,000)(40,915)19,915 194.8%(21,000)(35,112)14,112 (43,500)94.1% Recreation Services Administration (1,714)(2,308)594 134.7%(3,095)(2,844)(251)(3,900)59.2% Facilities (1,110,536)(1,103,165)(7,371)99.3%(1,079,747)(1,091,474)11,727 (2,283,700)48.3% Proshop (2018)- - - (5,316)(6,540)1,224 - Vending Machine (Concessions 2018)(35,290)(17,589)(17,701)49.8%(215,914)(164,608)(51,306)(66,100)26.6% Aquatic Programs (612,903)(624,680)11,777 101.9%(667,927)(628,158)(39,769)(1,129,300)55.3% Fitness Programs (275,452)(265,023)(10,429)96.2%(422,301)(235,475)(186,826)(576,500)46.0% Recreation Programs (186,530)(162,215)(24,315)87.0%(435,209)(154,547)(280,662)(544,500)29.8% Community Development (2,100)(7,493)5,393 356.8%(1,724)(5,545)3,821 (38,800)19.3% 55+ Active Adults (49,292)(66,772)17,480 135.5%(56,540)(54,424)(2,116)(112,600)59.3% Merchandise (5,748)(8,516)2,768 148.2%(11,500)74.1% Revenues/Recoveries (2,300,565)(2,298,676)(1,889)99.9%(2,908,773)(2,378,727)(530,046)(4,810,400)47.8% Page 322 The Municipality of Clarington Attachment 1 Summary of Operating Expenditures and Revenues for the SIx Months Ending June 30, 2019 to Report FND-022-19 2019 Qtr 2 Budget YTD 2019 Qtr 2 Actual YTD 2019 Qtr 2 Unexpended 2019 Qtr 2 % Expended 2018 Qtr 2 Budget YTD 2018 Qtr 2 Actual YTD 2018 Qtr 2 Unexpended 2019 Total Budget 2019 % of budget spent 42 Community Services (continued) Administration 1,252,200 1,248,254 3,946 99.7%1,347,804 1,360,482 (12,678)1,817,329 68.7% Recreation Services Administration 462,777 451,660 11,117 97.6%597,306 498,784 98,522 928,385 48.7% Facilities 2,983,295 3,016,441 (33,146)101.1%3,312,139 3,278,689 33,450 6,170,812 48.9% Debentures 2,029,089 2,031,328 (2,239)100.1%1,991,493 2,004,560 (13,067)2,111,799 96.2% Proshop (2018)- - - 3,303 4,295 (992)- Concessions (2018)- - - 191,998 172,086 19,912 - Aquatic Programs 449,152 404,681 44,471 90.1%415,125 381,673 33,452 914,106 44.3% Fitness Programs 195,598 165,511 30,087 84.6%196,453 187,744 8,709 389,116 42.5% Recreation Programs 188,640 162,128 26,512 85.9%226,721 186,751 39,970 588,202 27.6% Community Development 50,044 29,236 20,808 58.4%14,277 22,809 (8,532)98,600 29.7% 55+ Active Adults 69,203 81,483 (12,280)117.7%77,784 58,264 19,520 145,795 55.9% Customer Service 518,390 499,159 19,231 96.3%- - - 1,029,472 48.5% Client Services 185,878 179,690 6,188 96.7%- - - 364,874 49.2% Grants 60,000 60,000 - 100.0%60,000 59,250 750 60,000 100.0% Municipal Sponsorships 35,000 31,300 3,700 89.4%35,000 34,500 500 35,000 89.4% Expenditures 8,479,266 8,360,871 118,395 98.6%8,469,403 8,249,887 219,516 14,653,490 57.1% Net Expenditures 6,178,701 6,062,195 116,506 98.1%5,560,630 5,871,160 (310,530)9,843,090 61.6% 50 Planning Services Administration (346,421)(304,919)(41,502)88.0%(427,721)(458,657)30,936 (814,400)37.4% Development Review - (316,070)316,070 - - Revenues/Recoveries (346,421)(620,989)274,568 179.3%(427,721)(458,657)30,936 (814,400)76.3% Administration 2,706,776 2,487,507 219,269 91.9%2,629,120 2,477,056 152,064 4,713,339 52.8% Heritage Committee 1,500 1,500 - 100.0%- - - 1,500 100.0% Development Review - 274,265 (274,265)- 1,250 (1,250)- Expenditures 2,708,276 2,763,272 (54,996)102.0%2,629,120 2,478,306 150,814 4,714,839 58.6% Net Expenditures 2,361,855 2,142,283 219,572 90.7%2,201,399 2,019,649 181,750 3,900,439 54.9% Boards & Agencies 4,527,694 4,404,457 123,237 97.3%4,183,452 4,068,365 115,087 4,535,437 97.1% Total Revenue/Recoveries (65,936,616)(65,854,229)(82,387)99.9%(69,113,049)(70,298,150)1,185,101 (83,289,338)79.1% Expenditures 49,512,657 48,787,684 724,973 98.5%48,495,090 48,280,805 214,285 83,289,338 58.6% Net Difference (16,423,959)(17,066,545)642,586 103.9%(20,617,959)(22,017,345)1,399,386 - Page 323 Municipality of Clarington Attachment 2 to Continuity of Taxes Receivable Report FND-022-19 for the Second Quarter of the Year 2019 Beginning Balance Receivable March 31, 2019 Interest Added Taxes Billed Balance Payments & Adjustments **June 2019 June 2018 Current Year Taxes (9,264,497) 83,277,053 74,012,556 (65,115,965) 8,896,591 8,131,534 Penalty and Interest 23,936 164,653 188,589 (94,227) 94,363 84,380 First Prior Year Taxes 3,915,150 - 3,915,150 (1,167,714) 2,747,436 2,686,760 Penalty and Interest 231,015 125,172 356,187 (140,453) 215,733 197,884 Second Prior Year Taxes 1,018,392 - 1,018,392 (283,845) 734,547 810,549 Penalty and Interest 118,723 33,003 151,726 (59,346) 92,380 90,126 Third and Prior Years Taxes 306,269 - 306,269 (116,046) 190,223 225,168 Penalty and Interest 76,740 8,290 85,030 (27,105) 57,926 39,652 Total (3,574,272) 331,118 83,277,053 80,033,899 (67,004,701) 13,029,198 12,266,054 ** These figures include refunds, write-off, 357's etc. 2019 Interim Instalment months: February and April. 2019 Final Instalment months (for non-capped classes): June and September 2019 Final Instalment months (for capped classes): August and September Page 324 Attachment 3 of Municipality of Clarington Report FND-022-19 Debenture Repayment Schedule As of January 1, 2019 Year Indoor Soccer Lacrosse RRC CCD space RRC Improvements MAC Improvements Green Road Grade Separation Courtice Library Diane Hamre Recreation Complex Total 2019 165,174.58 107,074.68 84,141.23 107,967.35 541,802.38 78,146.32 1,757,651.34 2,841,957.88 2020 164,755.07 107,074.68 84,010.16 107,799.19 544,416.38 78,341.53 1,604,355.98 2,690,752.99 2021 163,863.49 107,074.68 83,946.43 107,717.40 546,559.49 78,465.50 1,054,141.30 2,141,768.29 2022 163,542.75 83,964.94 107,741.15 546,559.49 78,488.31 1,006,711.96 1,987,008.60 2023 162,800.11 83,859.28 107,605.57 546,276.36 78,425.64 978,966.96 2024 160,675.42 83,823.08 107,559.13 553,240.30 78,249.84 983,547.77 2025+668,982.03 858,416.52 2,693,604.53 546,030.80 4,767,033.88 980,811.42 321,224.04 1,172,727.15 1,504,806.31 5,972,458.93 1,016,147.94 5,422,860.58 16,391,036.37 Principal at January 1, 2019 896,000.00 294,299.58 950,705.28 1,219,914.89 4,958,600.00 871,000.00 5,083,000.00 14,273,519.75 Principal at January 1, 2020 755,000.00 201,115.35 893,002.36 1,145,872.34 4,573,600.00 811,000.00 3,500,000.00 11,879,590.05 Interest Rates 2.25% to 3.35% 5.12%1.9% to 3.45%1.9% to 3.45%2.25% to 3.8% 1.32% to 2.8% 4.65% to 4.75% Page 325 Municipality of Clarington Attachment 4 to Report FND-022-19 RESIDENTIAL Municipal Development Charges Paid Number of Units Municipal Development Charges Paid Number of Units Single/Semi- Detached -New construction 611,332.00$ 35 6,943,779.00$ 413 -Additions -$ - -$ - Townhouse 525,440.00$ 40 -$ - Apartment -$ - -$ - TOTAL:1,136,772.00$ 75 6,943,779.00$ 413 Change in DC paid from prior year:-83.6% Change in DC units from prior year:-81.8% NON-RESIDENTIAL Municipal Development Charges Paid Municipal Development Charges Paid Commercial 90,667.98$ -New construction 255,269.05$ -Additions -$ Industrial -$ -New construction -$ -Additions -$ Agricultural -$ -$ Government -$ 87,040.63$ Institutional -$ 77,961.74$ TOTAL:255,269.05$ 255,670.35$ Change in DC paid from prior year:-0.2% MUNICIPAL DEVELOPMENT CHARGES January to June YTD 2019 2018 2019 2018 Page 326 Municipality of Clarington Attachment 4 to Report FND-022-19 Municipal Development Charges Incentives As of June 30, 2019 Under By-law 2015-035 Date Property Value Incentive Residential Jan-16 105 Queen Street, Bowmanville 413,822.26 Mid-Rise Residential Dec-17 109 King Avenue East, Newcastle 157,840.00 Revitalization Mixed Used Residential Incentives to Date 571,662.26$ Non-Residential Jul-15 222 King Street East, Bowmanville 110,671.30 Medical Exemption Oct-15 21 King Avenue East, Newcastle 3,636.08 Revitalization Small Business Feb-16 222 Baseline Road East, Bowmanville 13,279.78 Existing Industrial Development Feb-16 28 King Avenue East, Newcastle 937.96 Revitalization Small Business Apr-16 70 Mearns Court, Bowmanville 1,470.67 Existing Industrial Development Oct-16 2323 Highway 2, Bowmanville 15,985.00 Conversion Residential to Commercial Oct-16 70 Mearns Court, Bowmanville 8,232.17 Existing Industrial Development Feb-17 48 Britton Court, Bowmanville 24,676.61 New Industrial Development May-17 5314 Main Street, Orono 974.18 Revitalization Small Business Jun-17 1726 Baseline Road, Courtice 10,190.86 New Industrial Development Oct-17 220 Lake Road, Bowmanville 67,850.25 New Industrial Development Dec-17 109 King Avenue East, Newcastle 72,886.25 Revitalization Mixed Use Apr-18 685 Lake Road, Bowmanville 38,980.87 New Industrial Development Oct-18 1050 Lambs Road, Bowmanville 613,842.47 New Industrial Development Non-Residential Incentives to Date 983,614.45$ Total Value of Incentives to Date 1,555,276.71$ Page 327 Municipality of Clarington Attachment 5 Mayor and Councillors' Discretionary Expenses to Report FND-022-19 January 1 to June 30, 2019 Name Ward 2019 1st Quarter 2019 2nd Quarter Total per Council Member Mayor A. Foster Mayor 1,391.70 4,357.22 5,748.92 Councillor J. Neal Regional Wards 1 & 2 - - - Councillor G. Anderson Regional Wards 3 & 4 1,151.07 2,230.64 3,381.71 Councillor J. Jones Ward 1 73.62 (49.24) 24.38 Councillor R. Hooper Ward 2 798.82 - 798.82 Councillor C. Traill Ward 3 397.24 240.00 637.24 Councillor M. Zwart Ward 4 660.30 146.49 806.79 Total 4,472.75 6,925.11 11,397.86 1 These figures include only discretionary expenses such as conferences, education courses, event tickets and external kilometre reimbursement. Remuneration and travel allowances are not included. 2 Credits and repayments relating to these expenses will be included in the quarter in which they are received. 3 This report is not to be considered as the Annual Council Remuneration report by the Treasurer as required by the Municipal Act, S.O. 2001, c.25, Section 284. Page 328 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: FND-023-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Trevor Pinn, Director of Finance/Treasurer Resolution#: Reviewed By: Andrew C. Allison, CAO File Number: Report Subject: 2020 Budget Guidelines Recommendations: 1. That Report FND-023-19 be received; 2. That Staff prepare a draft budget with a target municipal increase of 3.85%; 3. That Staff include within the draft budget requests for funding from external agencies up to a maximum limit of 3.15%; 4. That the 2020 Budget Schedule as outlined within the report be approved and that the Clerk establish the meeting dates; 5. 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 6. That all interested parties listed in Report FND-023-19, and any delegations be advised of Council’s decision. Page 329 Municipality of Clarington Page 2 Report FND-023-19 1. Background Budget Policy 1.1. On June 10, 2019, Council approved a new Budget Policy which provides guidance on the creation and preparation of the annual operating and capital budgets. 1.2. As part of the policy, the Director of Finance / Treasurer is required to report to Council in September of each year with a report seeking guidance on the target municipal levy increase for the upcoming budget year. This report meets this policy requirement. Economic Factors 1.3. The Bank of Canada is forecasting CPI to grow 1.9% and GDP to grow 1.8% in 2020 according to their July Monetary Policy Report. This is down from 2.0% and 2.1% respectively in their previous report. 1.4. CPI and GDP are two indicators of inflation; however they are not necessarily reflective of the Municipality’s inflation as the “bucket” of goods and services for CPI and GDP are more consumer based than the Municipality’s. 1.5. The Municipality currently receives annual capital funding from the Province of Ontario under the Ontario Community Infrastructure Fund. This fund provides over $2.1 million in annual funding and is limited to “small” municipalities with populations under 100,000. It is anticipated that after the next census that the Municipality will no longer qualify for this funding. The Province has also stated that they are reviewing transfer payment programs, this program may be subject to change from the Province. This funding is currently fully utilized annually as part of the Municipality’s infrastructure replacement program; the elimination of this program would have a significant impact on the Municipality’s ability to invest in infrastructure. Report Overview Council adopted a budget policy which provides guidance on the preparation of the annual operating and capital budgets. The budget policy requires an annual report to Council to determine the target municipal levy change for the following year. This report meets that policy requirement. Page 330 Municipality of Clarington Page 3 Report FND-023-19 2. Budget Calendar Overview 2.1. The budget sets spending guidelines and priorities for the Municipality’s operating year of January 1 to December 31. It is beneficial to pass the budget early in the ye ar to allow staff sufficient time to complete the capital plan and adjusting operating priorities. 2.2. Historically, the Municipality has passed its budget between late January and mid March. The 2019 budget was presented to GGC on February 19, 2019, this was later than January 29, 2018 in the prior budget year. 2.3. The proposed date for 2020 follows the first council meeting cycle of the year. 2020 Key Dates 2.4. The following timeline is proposed for the preparation of the 2020 budget: Date Event / Meeting October 25, 2019 2020 Operating and Capital Budget Due from Departments November 8, 2019 2021 to 2024 Operating and Capital Forecasts Due from Departments Mid-November Department Head Meetings with Treasurer and CAO December 6, 2019 Budget Workshop – ½ day January 10, 2020 Special GGC Meeting – External Agencies January 13, 2020 Special GGC Meeting – Budget Deliberations January 20, 2020 Council Meeting – Budget Ratification Page 331 Municipality of Clarington Page 4 Report FND-023-19 2.5. Based on the three week cycle that the Municipality follows, an alternate schedule for meetings would be: Date Event / Meeting January 31, 2020 Special GGC Meeting – External Agencies February 3, 2020 Special GGC Meeting – Budget Deliberations February 10, 2020 Council Meeting – Budget Ratification 2.6. The January date is preferred as these dates were proposed back in April 2019 and members of Council and staff have made plans around these dates. Future Budget Dates 2.7. For improved predictability, long-term planning and efficiency, it is suggested that the budget meeting dates follow a consistent timeframe from year to year. This will ensure that Members of Council and senior staff are able to be available for key budget meetings in and around the New Year. 2.8. It is proposed that going forward the budget ratif ication be set for the second Council meeting of the year. This would have ratification of the budget on the following dates: February 8, 2021 February 7, 2022 3. Target Municipal Levy Increase Range Per Budget Policy 3.1. The Budget Policy outlined a range for tax levy increased based on a combination of Consumer Price Index (CPI) and asset management requirements. 3.2. The low end of the range is set at 75% of the CPI value plus 1.5% as indicated in the asset management plan. 3.3. The high end of the range is set at 125% of the CPI value plus 2.0% as indicated in the asset management plan. Page 332 Municipality of Clarington Page 5 Report FND-023-19 3.4. The July 2019 all items CPI was 2.10% for Ontario. The following table outlines the Municipal Tax Levy increase range: Component Low Range High Range Consumer Price Index 1.58% 2.63% Asset Management 1.50% 2.00% Total 3.08% 4.63% Recommended Target 3.5. Staff recommend that the target be the mid-point of the range, this would be a target which reflects CPI (2.1%) plus an amount to reduce the outstanding infrastructure funding gap. The mid-point of the above range is 3.85%. 3.6. Based on the 2019 municipal levy of $59,822,692, the midpoint would provide approximately $1.3 million for operating expenses (including transfers to reserves and reserve funds, and debt servicing payments) and $1.1 million for capital expenses; this would be in addition to new growth in assessment (NOT market growth which does not have an effect on the tax levy). 3.7. The Budget Policy also outlines that external agencies are limited to an increase of 150% of the CPI. Therefore, for the 2020 taxation year, external agencies are capped at a maximum 3.15% increase. 4. Key Assumptions for 2020 Levels of Service 4.1. The budget will be prepared assuming the same levels of service from the 2019 fiscal year. Any proposed changes to non-mandated levels of service, either decreases or increases will be separately identified and provided as a decision item for Council. Page 333 Municipality of Clarington Page 6 Report FND-023-19 4.2. Several services, such as winter control, are mandated by the Province of Ontario. Changes to these regulations may result in mandatory changes to levels of service. As these are mandated any changes in required levels of service will be included in the budget, with the impact quantified for Council. 4.3. The Province of Ontario has undergone a review of Regional Municipalities. It is not known when this report will be made public, or what changes to services may be affected. The budget will be prepared assuming that no changes to the current division of services occurs, unless a formal announcement from the Province of Ontario is made. 4.4. During the 2019 budget deliberations Council expressed concerns regarding the level of service for playground equipment. Currently annual funding allows for two of the 62 playgrounds to be replaced each year; this represents a lifespan of approximately 30 years. If Council would like to see a change in this level of service it will necessitate a change in the funding levels towards parks. 4.5. Changes to service levels, if directed by Council, can be taken into account during the preparation of the draft budget. This would allow for a more complete picture when prioritizing projects to meet the budget target. 4.6. The Municipality is undergoing an organizational review which will be finalized by November 30, 2019. It is anticipated that options for implementation will be presented and may require phasing over a long-term period; therefore the preparation of the budget will not include any changes resulting from this report. Recommendations that can be implemented in 2020 will be pursued, with savings being recognized in 2020, if possible. 5. Citizen Engagement Activities 5.1. For the 2018 and 2019 budget preparations the Municipality of Clarington conducted an online budget survey to solicit feedback from residents on areas which they felt should have lower, similar or higher levels of funding. 5.2. In 2019, fewer than 140 responses were received despite the survey being on the Municipality’s website for almost six weeks and advertised through social media platforms. 5.3. While it is recognized that online surveys provide easy access for residents, uptake was minimal from residents which may be a result of technological and demographical barriers. Page 334 Municipality of Clarington Page 7 Report FND-023-19 5.4. To provide an alternative means of engagement, as well as providing an opportunity for public education of the budget process, a series of “Town Halls” are being proposed for the following dates and locations: Clarington Public Library Newcastle Branch – October 8 from 6:00pm to 7:45pm Clarington Municipal Administration Centre (Council Chambers) – October 10 from 6:00pm to 7:45pm South Courtice Arena – October 17 from 6:00 to 7:45pm 5.5. Members of the public, as well as Members of Council, are also encouraged to contact the Finance Department if they have any questions regarding the budget process, dates, and impacts. 6. Concurrence Not Applicable. 7. Conclusion It is respectfully recommended that the budget target, which is subject to normal deliberations, be set so that staff may prepare a draft budget that meets Council’s expectations. A target set which takes into account an inflationary index will ensure that levels of service are maintained. Staff Contact: Trevor Pinn, B.Com, CPA, CA, Director of Finance / Treasurer, 905-623-3379 ext.2602 or tpinn@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 335 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Report Number: CAO-009-19 Date of Meeting: September 9, 2019 By-law Number: Submitted By: Andy Allison, CAO Resolution#: File Number: Report Subject: Possible Merger of the Clarington Public Library Board and Clarington Museum and Archives Board Recommendations: 1. That Report CAO-009-19 be received; 2. That Council either, (a) 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; or (b) direct that the Clarington Public Library Board and the Clarington Museum and Archives Board continue to operate using their current governance structures; and 3. That the Clarington Public Library Board and the Clarington Museum and Archives Board be advised of Council's decision. Page 336 Municipality of Clarington Page 2 Report CAO-009-19 1. Background 1.1. Report CAO-005-19 provides much of the background information pertaining to a possible merger of the Clarington Public Library Board with the Clarington Museum and Archives Board. 1.2. At its meeting on July 2, 2019, Council passed the following resolution (GG-414-19): That Report CAO-005-19 be received; That Council direct staff to establish a joint Museum Library transition committee, composed of Board members and staff from both organizations; That the Committee Report back in September, 2019 on a potential merger with the intention to preserve the Community Museum Operating Grant; and That the Clarington Library Board, the Clarington Museum and Archives Board and the Visual Arts Centre be advised of Council’s decision. 1.3. In mid-July, staff reached out to both the Clarington Public Library and the Clarington Museum and Archives to create a transition committee, with a mandate to explore the feasibility of a merger. 1.4. Both Boards were allotted four seats on the committee (two current Board members and two senior staff – selected at the discretion of each Board). The CAO and Corporate Policy Analyst were also members of the transition committee. 1.5. Informal discussions with staff and Board members took place in advance of the first meeting in order to inform staff regarding potential governance issues. 1.6. The transition committee met on Wednesday July 17, 2019 at the MA C. A potential governance structure that would allow for the maintenance of the Community Museum Operating Grant (COMG) and Public Library Operating Grant (PLOG) was presented and discussed. Report Overview This report provides Council with information pertaining to the feasibility of merging the Clarington Public Library Board and the Clarington Museum and Archives Board, while attempting to maintain Community Museum Operating Grant (CMOG) funding. Page 337 Municipality of Clarington Page 3 Report CAO-009-19 1.7. Both Boards were understanding of the value the proposed structure could provide and potential synergies between both organizations. At the end of the meeting, both groups requested time to go back to their respective Boards to further review the structure. 1.8. Staff met with Museum and Archives appointees on August 8 , 2019 to further address questions stemming from the July 17, 2019 meeting. Informal meetings also took place with Clarington Public Library officials during that time period. A draft of this report was circulated to all committee members before the completion of the final version in order to solicit further feedback. 2. Governance Structure – Proposed Model 2.1. As directed by Council, staff undertook a review of library and museum governance models across Ontario. A key part of the review was to find situations in which municipalities operated both a library and a museum, while successfully maintaining both the CMOG and PLOG grants. One notable model was that of Blue Mountain Public Library which staff’s proposed structure is patterned after. 2.2. Attachment 1 showcases the proposed governance structure for the Clarington Public Library Board that would allow for an integrated Board of Directors and for the maintenance of both the COMG and PLOG funding. It is worth noting that the Ministry responsible for CMOG and PLOG f unding issued a note earlier this year saying that such funding was under review and may be changed going forward. No further details were available at the time of this report. 2.3. Clause 20(d) of the Public Libraries Act states that a library board “may operate special services in connection with a library as it considers necessary”. This language indicates a public library board could operate a museum (subject to other considerations). Adjustment of the Clarington Public Library Board - Designated Board Seats 2.4. As the Library Board is governed under the Public Libraries Act, and must adhere to a number legislative requirements, it provides a natural fit to act as the overall governing body for both entities. The Library also has the benefit of an increased operating budget, larger facilities and greater access to resources. 2.5. Staff are recommending that two current members of the Museum Board be appointed to serve on the Library Board. These two new board positions could be appointed by Clarington Council under a separate “Clarington Museum and Archives (M&A)” designation and have the same rights and obligations as any general member of the Library Board. The designation would ensure that there is direct Museum and Archives representation at the Library Board level. In theory, this would bring the current Library Board composition up to 11 members, but Council is in a unique situation that may limit Page 338 Municipality of Clarington Page 4 Report CAO-009-19 the need for any net-new seats. Details of these circumstances and how to achieve this are described below in 2.6 and 2.7. 2.6. M&A Designated Seat #1 - Currently, Library Board Member Marina Ross is serving a term on both the Library Board and the Museum Board. She could be transitioned to one of the M&A designated seats. 2.7. M&A Designated Seat #2 – In mid-August, there was a Library Board member resignation, leaving an open spot on the current Library Board which could be filled by the current Museum Board Chair Katherine Warren. She could be appointed to the Library Board and hold one of the M&A designated seats. Creation of the Clarington Museum and Archives Committee 2.8. Staff are recommending that a “Museum and Archives Committee” of the Library Board be created that is made up of 5 members and reports directly to the Board. The purpose of the Committee would be to advise on museum specific policy and budgeting initiatives as they relate to the operation and maintenance of a community museum. 2.9. It is important to note that under the Public Libraries Act a “committee” is defined to mean “any advisory or other committee, subcommittee or similar entity of which at least 50% of the members are also members of the board”. The following structure is therefore proposed in order to maintain compliance: 1 Councillor (member of the existing Library Board) 2 Other members of the Library Board (M&A designated members) 2 Public members The Chair of the Library Board could be an ex-officio member of the Committee 2.10. In order to balance the need for the 50% Library Board member threshold on the Committee, as well as maintenance of museum and archival expertise, it is proposed that the two M&A designated Library Board members be cross-appointed to this Committee. 2.11. It is recommended that the two public member positions be offered to the remaining members of the current Museum Board. This would ensure that their expertise and volunteerism is not lost. Page 339 Municipality of Clarington Page 5 Report CAO-009-19 2.12. In the longer-term, it is recommended that residents make applications directly to the Library Board, who then select the successful applicants. 2.13. It is recommended that the Municipality’s standard Terms of Reference for a Committee (Attachment 2) be used as the basis for developing TOR for the proposed Museum and Archives Committee. If Council moves forward with the merger, the responsibility of fleshing out the TOR would rest with the Library Board. 2.14. It is recommended that the Library Board maintain a standing time slot on its agenda to review and discuss Museum and Archives Committee items and that the Committee meet at a similar level of frequency as that of the Library Board, who are mandated under Section 14 of the Public Libraries Act to “maintain regular meetings once a month for at least 10 months each year.” 2.15. The existing Museum Board has a dedicated legacy fund in excess of $100,000. The TOR must recognize that these funds can only be spent on Museum and Archives related initiatives. Organizational Structure and Reporting Relationships 2.16. Under the proposed governance model, the current Museum staff would report to the “Museum Manager”, who would be a direct report to the Library CEO / Director (Attachment 1). The reporting and staffing relationship under the Museum Manager would maintain the same structure and staffing compliment as is currently employed at the Museum. 2.17. The Museum Manager would be responsible to attend Clarington Museum and Archives Advisory Committee meetings and provide regular updates. 3. Implications and Other Considerations 3.1. The governance model recommended in this report would require a change to the Library Board’s composition by-law (No. 2003-188) as well as the Board’s internal procedural by-law. The current Clarington Museum and Archives Board By-law No. 2012-093 would also have to be repealed. 4. Concurrence Not Applicable. Page 340 Municipality of Clarington Page 6 Report CAO-009-19 5. Conclusion It is respectfully recommended that Council provide direction to staff respecting the possible merger of the two Boards. Staff Contact: Andrew Allison, CAO, 905-623-3379 Ext. 2002 or aallison@clarington.net. Attachments: Attachment 1 – Proposed Organizational Structure Attachment 2 – Terms of Reference Interested Parties: The following interested parties will be notified of Council's decision: Clarington Museum and Archives Board Clarington Library Board Page 341 Clarington Public Library Board Library Director / CEO Clarington Museum and Archives Advisory Committee Museum Manager Curator Programme Coordinator Casual / PT Interpreters Archivist (PT)Clerk Committee Option Composition (5 members total) -1 elected official (dual appointment). -2 “Clarington Museum & Archives” designated (dual appointment) -2 public members (selected by Library Board) -Library Board Chair (ex-officio) Composition (9 members total)* -2 “Clarington Museum & Archives” designated seats added (M&A Members) *If recommendations in report are accepted the net- number of Board members would not have to change (maintain 9 seat composition –otherwise it would increase to eleven). Attachment 1 to Report CAO-009-19 Page 342 Clarington Public Library Board Clarington Museum and Archives Advisory Committee Elected Official Public Member M&A Member M&A Member Composition (9 members total)* -2 “Clarington Museum & Archives” designated seats added (M&A Member) Elected Official Public Member Public Member Public Member Public Member *If recommendations in report are accepted the net-number of Board members would not have to change (maintain 9 seat composition –otherwise it would increase to eleven). Attachment 1 to Report CAO-009-19 Page 343 Clarington Museum and Archives Advisory Committee* Elected Official Composition (5 members total) -1 elected official (dual appointment) -2 “Clarington Museum & Archives” designated (dual appointment –M&A Members) -2 public members (selected by Library Board) -Library Board Chair (ex-officio) M&A Member Public Member Public MemberM&A Member *as per the Public Libraries Act, 50% of the seats on any Board Committee must be held by Public Library Board members (cross- appointed). Attachment 1 to Report CAO-009-19 Page 344 Attachment No. 1 To Addendum to Report CLD-015-08 PROTOCOL COUNCIL - APPOINTED ADVISORY COMMITTEES BACKGROUND Council has established a number of advisory committees whose purpose is to provide advice to Council on matters within the committee mandate established by Council and on any issues referred to the Committee by Council. Council appoints the members and representatives to these committees at the beginning of each Council term. PURPOSE The purpose of the Protocol is to establish a standardized Rules of Procedure for Council-Appointed Advisory Committees. POLICY Terms of Reference The Terms of Reference for a Committee shall be approved by Council. These Terms of Reference are the mandate of the Committee shall address the following matters: Background Mandate of Committee Scope of Activities of Committee Membership and Representation on the Committee Council shall appoint a Council member and/or a responsible department for staff resources. Chair and Vice-Chair The Committee shall select a Chair and Vice-Chair from among its membership. When a new committee is initially formed, a member of Council may act as an interim Chair for a maximum of 18 months, after which time a Committee member, other than a member of Council or municipal staff, shall be selected to assume the position of Chair or Vice-Chair. Page 345 - 2 - The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and Staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. If the Chair is temporarily absent, the Vice-Chair shall assume the position and responsibilities of the Chair in the interim. If the position of Chair becomes vacant, the Vice-Chair shall assume the responsibilities of the Chair until a new Chair can be elected. If the position of Vice-Chair becomes vacant, the Chair may appoint a member of the Committee as Interim Vice-Chair until a new Vice- Chair can be elected. Elections, when required, shall be held at the next meeting of the Committee. Responsibilities and Obligations of Members All Committee members shall abide by the Terms of Reference for the Committee as approved by Council. Members must also be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded to various opinions and perspectives. The Chair or a spokesperson appointed by the Committee may speak on behalf of the Committee to Council or the public. Other members shall not act or speak on behalf of the Committee without prior approval of the Committee. A Committee or its members shall not issue petitions, resolutions or position papers on behalf of the Committee, unless specifically authorized by Council resolution. A Committee and its members shall also not act outside of the mandate and advisory capacity of the Committee. Should a Committee wish to comment on an issue that is within the mandate of another Council committee, the Chair shall consult with the responsible Liaison(s) and the Chair of the other committee. The Chair may eject any Committee member from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. A Committee shall also have the right to censure members that, in the Committee's opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee. Members unable to attend a Committee meeting shall notify the staff liaison at least 24 hours in advance. Members unable to attend a meeting cannot send an alternate. The Chair shall advise the Municipal Clerk in writing of any member who is absent from the meetings for three successive months without being authorized to do so by a resolution of the Committee, and may request that the member be removed from the Committee. Page 346 - 3 - Members who wish to resign shall notify the Chair in writing of their decision who, in turn shall notify the Municipal Clerk in writing of the resignation. Council shall appoint new members to a Committee to fill any vacancies as required. Quorum and Voting A majority of voting members shall constitute a quorum, In the event that a quorum is not achieved, the meeting may proceed but members shall not vote or make decisions. Recommendations and decisions reached by the Committee shall be based on consensus, wherever possible. In the event that a consensus cannot be reached and there are divergent opinions on an issue, the Chair may call for a formal vote by a show of hands. Decisions shall be carried by a simple majority of the voting members present. Each member of the committee has a vote. Conflict of Interest Members of the committee must abide by the Municipal Conflict of Interest Act. Public Participation All Committee meetings are open to the public. Members of the public are not permitted to participate in Committee discussions, but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation at a Committee meeting must so advise the staff liaison a minimum of five working days before the meeting. The Chair may eject any member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. Meetings Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, the Mayor, or the relevant Liaison. Committee meetings shall generally occur a minimum of once per month; however, the Chair may schedule additional meetings or cancel meetings at his/her discretion and after consulting with the staff liaison, Page 347 - 4 - Reporting and Communications The draft minutes of all Committee meetings shall be reviewed by the staff liaison and forwarded by memorandum to the Municipal Clerk for inclusion on the next Council Agenda and, at the discretion of the Department Head may be posted on the Municipal website. The minutes of Committee meetings shall generally not attribute comments to a specific member of the Committee. All recommendations of the Committee shall be forwarded by the staff liaison to the Municipal Clerk for inclusion in the Council agenda. A Committee shall not forward comments or recommendations directly to other groups or agencies without the consent of Council, the Mayor or the relevant Liaison. Staff Resources The municipal department responsible for a Committee shall provide clerical, administrative and technical assistance to the Committee, as deemed appropriate by the Department Head, to ensure the proper functioning of the Committee. Specifically, Staff will provide the following resources to a Committee: preparing and forwarding meeting materials to members; preparation of summary meeting minutes and Committee correspondence (including assistance in drafting); professional advice on matters within the mandate of the Committee; and assist the Committee in participating in events and activities related to its mandate Generally, Committee members are selected to be able to carry out the mandate of the Committee. Staff resources are provided only to assist the Committee in undertaking their mandate. Additional requests of resource staff, such as original research or organization of events shall be at the discretion of the Department Head and within staff, time and budget constraints. Term of Committee The term of the Committee shall coincide with the term of Councilor as otherwise indicated in the specific Terms of Reference for the Committee. In general, a Committee shall not meet between the time of the municipal Council elections and the appointment of a new Committee by Council, unless considered necessary by the relevant liaison. Page 348 - 5 - Relationship to Committee Terms of Reference It is recognized that Committee mandates or terms of reference were prepared and approved in advance of this protocol. In the event of a conflict between the protocol and the committee's terms of reference, this protocol shall prevail. Page 349 PG.25.06 GG MUNICIPALITY OF CLARINGTON Joint General Government and Planning and Development Committees Meeting RESOLUTION #_________________ DATE: MOVED BY SECONDED BY 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. Page 350 PG.25.06 GG MUNICIPALITY OF CLARINGTON General Government Committee Meeting RESOLUTION #_________________ DATE: Monday September 9th MOVED BY: Councillor Ron Hooper SECONDED BY: Councillor Janice Jones 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; 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 Page 351 PG.25.06 GG 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. Page 352 Memo Page | 1 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 At the May 21, 2019 Council meeting, Resolution #C-204-19 was passed by Council directing staff 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 below the top of bank for the creek valley, and south of the drainage manhole; and that any additional cost be funded at the discretion of the Director of Finance. To confirm Council’s preferred trail route, staff meet with Councillor Neal and Councillor Jones May 28, 2019 on-site and used a GPS device to map the route. It was found that there was a notable difference between the alignment that was roughly sketched out based on Council input, and the trail that was walked and marked (Attachment 1). The most significant difference being that the walked alignment runs more or less parallel to the contours of the slope for a much longer distance, which will require additional material to support the trail and a much longer retaining wall structure and railing to minimize the impact to the existing trees in the area. A preliminary design of Council’s recommended trail route was completed based on updated topographic information and identified the following: Roughly 170m of the 305m Council recommended route has a 10% grade, which is 70m more than the initial staff recommended route. This change would require further discussions with the Accessibility Committee; The Council recommended route would impact between 3340m2 and 5430m2 of existing vegetation. The initial staff recommended route would impact 960m2 of existing vegetation; The cost of the Council recommended route is expected to be approximately $450,000 to $500,000 more than the initial staff recommended route, increasing the total trail cost from the original budgeted amount of $1 ,000,000 to between $1,450,000 and $1,500,000. Proceeding with Council’s recommended route, staff arranged an on -site meeting with the Central Lake Ontario Conservation Authority (CLOCA) to review and discuss expected construction impacts on natural heritage, engineering design, and CLOCA’s input on permitting and applications requirements. On July 2, 2019, staff received a To: Mayor and Members of Council From: Anthony S. Cannella, Director of Engineering Services Date: July 2, 2019 Subject: Farewell Creek Trail Phase 2 - Route Options File: PA.FarewellCreekTrailPhase2.01 Page 353 Memo Page | 2 The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 letter from CLOCA (Attachment 2) summarizing their concerns and concluding that “…CLOCA staff cannot support issuance of a permit for this project due to the significant risk of erosion and slope failure within and potentially adjacent to the valley system.” In our attempt to pursue Council’s recommended route, staff confirmed the increase in cost would be between $450,000 and $500,000, which presents a significant challenge, however the factor that prohibits us from moving forward is the inability to secure a permit from CLOCA for this particular route. In light of this, staff seek direction from Council regarding construction of the Farewell Creek Trail Phase II. Anthony S. Cannella, C.E.T. Director of Engineering Services ASC/RA/kb Attachments: Attachment 1 - Key Map Attachment 2 - CLOCA Letter cc: Department Heads Page 354 "UUBDINFOU Page 355 100 Whiting Avenue Oshawa, Ontario L1H 3T3 Phone (905) 579-0411 Fax (905) 579-0994 Web: www.cloca.com Email: mail@cloca.com Page 1 of 2 What we do on the land is mirrored in the water Member of Conservation Ontario July 2, 2019 Via Email Anthony S. Cannella, C.E.T. Director of Engineering Services Municipality of Clarington Dear Mr. Cannella, Subject: Farewell Phase 2 Trail CLOCA review of “Alternative Route” alignment CLOCA staff have reviewed the proposed alignment for the Farewell Creek – Phase 2 trail, including site visits by our ecologist and hydrogeologist/geotechnical specialist. Based on our assessment of the existing conditions and impacts of construction, CLOCA staff cannot support issuance of a permit for this project due to the significant risk of erosion and slope failure within and potentially adjacent to the valley system. Existing condition of valley: The interior of the natural valley through this area does not currently contain a foot path. Vegetation consists of mature forest, including eastern white cedar, hemlock, red oak, sugar maple, ironwood, white birch, yellow birch, and American beech. Many of these trees appear to be over 100 years in age. The slope is steeper than 3:1 in most areas and exceeds 2:1 in some locations. Evidence of unstable soils and ongoing erosion were noted, including the presence of gullies, moist sandy loam soil, groundwater seeps, and trees with bends in their trunks and exposed roots. The CLOCA Regional Hydrogeological Model shows that the area is underlain by highly saturated glacial till interlayered with relatively thin sand layers. The mature trees and their root systems appear to be providing significant stability to the slope. At the top of the valley slope, on flat ground, a well worn existing footpath approximately 0.5m to 2m wide exists. This existing footpath does not appear to be impacting the stability of the valley slope. Attachment 2 Page 356 Central Lake Ontario Conservation Tony Cannella, Municipality of Clarington July 2, 2019 Page 2 of 2 Proposed alignment and anticipated impacts: It is understood that the Municipality of Clarington’s preferred alignment for the trail system, “Alternate Route”, is largely through the valley system itself, mid slope. This would route would require significant manipulation of the valley system to control the trail gradient and achieve accessibility standards, resulting in an area of disturbance magnitudes wider than the trail itself. The municipality’s consultant, CIMA, has estimated the alternate route would require between 3340m2 and 5430m2 of disturbance within the forested valley slope, compared to 960m2 of disturbance for the original “Staff Recommended” alignment. It is expected that all trees within this area of disturbance would be lost, and those adjacent to the impact area could die as a result of disturbance to root systems. Given the existing condition of the slope and its reliance on the existing tree cover for stability, it is expected that the loss of trees would facilitate slope failure impacting the entirety of the valley system. While geotechnical studies have not been completed, it is possible that the impacts of such a slope failure could extend to the residential lots adjacent to the valley system. Conclusion: Based on our current understanding of the valley slope’s instability and potential for failure, CLOCA staff cannot support issuance of a permit for the “Alternate Route” trail alignment, as this option would result in widespread disturbance and tree loss thereby increasing the risk of slope failure that is largely avoidable through other alignments. The Clarington Staff recommended alignment enters the valley system only when necessary, and at grades that appear to limit slope and vegetation impacts. Further details and geotechnical study may be necessary to confirm this staff-recommended assessment. Sincerely, Eric Cameron, Infrastructure Planner / Enforcement Officer Worn path at top of valley slope Mature forest on steep slope Page 357 Presentations and Handouts Application By: Werrcroft Farms Ltd. Applications by Werrcroft Farms Ltd. to amend the Clarington Official Plan and Zoning By-law 2005-109 to permit the severance of a surplus farm dwelling at 8800 Middle Road, Darlington. Public Meeting: Monday, September 9, 2019 Clarington Planning Services Department Existing Farm Surplus Dwelling Existing Farm and Dwelling Existing Farm Middle Road Regional Road 20 -1- Port Granby Project Update Municipality of Clarington Council Scott Parnell General Manager Historic Waste Program Management Office 2019 September 9 -2- Port Granby Project LTWMF -3- Excavation Nears Completion Port Granby Legacy Waste Management Site -4- Port Granby Project –Current Work •Original estimate ~650,000 tonnes –now estimating up to 1.25M tonnes •~ 1,170,000 tonnes moved to date •RVSOP continues as areas are remediated East Gorge excavation Cell 2 interim cover Waste placement in Cell 1 -5- Capping and Closing the Mound Capillary barrier drain installation Sand layer Gravel layer -6- Operations PGP Waste Water Treatment Plant •Steady state operation of primary treatment –~600 m3/day •Ongoing 24/7 operational schedule to maximize residuals management operation •Record -setting clean water production Bioreactor cleanout MBR system membrane changeProcessing (2019 YTD) •~176,000 m3 (liquid) •~1,356,00 kgs. (solids) -7- •CNSC Waste Nuclear Substance Licence amended in April to reflect current release limits of treated water •Former limits specific to decommissioned, dismantled waste water treatment facility •New limits confirm removal of broader list of nuclear/hazardous substances •CNL meeting requirements for discharge to Lake Ontario, enhanced protection of Great Lakes Basin ecosystem CNSC Licence Amendment Port Granby Project Waste Water Treatment Plant (WWTP) -8- Water Management •Continued improvements to Water Management and Contingency Plan •Currently 8 lake tanks on site for contingency •Portable evaporator onsite •Veolia portable water treatment system demobilized •Rainfall overflow event July 2019 Port Granby Project –Current Work Lake Tanks PGP Long-Term Waste Management Facility -9- •WWTP residual waste (liquid brine and solids) •Shipped offsite to licensed facility in compliance with Transportation of Dangerous Goods requirements •Two to five trucks/week over next two years •Significant reduction once mound capped as WWTP continues to treat water and produce residuals Transporting Waste Offsite Waste Water Treatment Plant Totes -10- Port Granby Project RVSOP Map (as of August 2019) Remediation Verification -11- Restoration Legacy Waste Management Facility -12- Bluffs Assessment Adaptive Management for Environmental Preservation -13- •Remediation/restoration of portion of Lakeshore Road •Road closed August 12-19 –detour in place •Notified local residents, stakeholders, user groups, general public Lakeshore Road Remediation -14- Look Ahead •Capping and Closing mound •Complete remediation, verification and backfilling (fall 2019) •Complete final grading/landscaping by fall 2020 •Realignment of Lakeshore Rd and removal of underpass (Spring 2020) •Transition to Phase 3 Installation of cap materials Lakeshore Road remediation -15- Port Granby Project Timeline (2015-2021) Updated 2019 August -16- Long-Term Monitoring/Community End Use -17- Thank You Questions? Historic Waste Program Management Office 115 Toronto Road, Port Hope, ON L1A 3S4 PHAI.ca Good day to Mayor and Council, and thanks for allowing me the opportunity to talk a bit about the Farewell Creek phase 2 proposed trail route My name is Jim Boate and I am an avid urban hiker and rural biker. For many years now I have been exploring the connectivity of our community paths and trail that define our neighbourhoods. I regularly walk our trails with Active 55+ seniors from April to September. As a member of the Clarington Active Transportation and Safe Roads committee, we offer advice to the Engineering Department and Council on matters relating to active transportation. One of our first mandates is to offer advice on creating trails. I am speaking here today in support of the proposed Farewell Creek Trail phase 2 route as presented at the March 27, 2019 Open House. One of the major challenges on Phase-2 is getting up out of the valley and connecting to Townline Road. The route shown at the open house is in my option the best practical way up and out. I have walked this valley several times looking at different approaches, and I feel this route is the best for this situation. It follows the path of least resistance It offers a gentle climb up to street level It will be more accessible to users with mobility devices It has large radius turns It takes into account the least amount of existing tree removal I think it is the most cost affective TOURIST FROM AROUND THE WORLD COME TO CLARINGTON TO RIDE IN THE TREES r BCREDULIK "A" a , LANW WITHIN TAB CORPORATION OF THS TOWN of BOwYAMLLS DRSIGN,ATBD AND STABLI SHED AS Alt' AREA OF SUBDIVISION COI MOL Those parts of original Township Lot Number 9 in the..Broken Front Concession se shown on a registered plan of subdivision of the Smart 3state made by L. He Shortt, Provinical Surveyor, dated April 14th, 1858, and filed in the Registry Office for the County 1 of Durham on the lath day of Maiy, 18589 more particulerljr described a s fo llow•e . a) Blovks lettered H, I', L, M and T according to said Plan, and b , 22 t 5 9 3r 33 . s 3' 1 Lots numbered ' 1 to, 16 inclusive in Block B, Lots numbered l to 17 inclusive in ,Block C, Lots nunbered. 1 to 6 its elusive in 1 to 9 ilaolusive in Block Go hots nunbered 1 to 15 inclusive in Block R and Lots numbered 1 to 11 inclusive in Block S. 2 Those parts of original Township lot No le in the Broken Front concession more particularly described as follows : - a Lots nhmbered 21 and 22, Block No lots numberedr1. to 17 inclusive. - in Block No lots 1 to 16 inclusive in Blook P lots numbered 1 to 13 ir3olusive in Block Q, Block 19 and lots numbered 1 to 16 inclusive in Block 29 all according to a -- { 1 registered plan of subdivision of the Dart Kstate made by L. ' 8. Shortt, Froviroial Surveyor, dated April 149 18589 and f11e4 in the Registry Off ice ' for the County of Durham on the 14th day of Mayo 18 5E 4b), All that part of original Township Lot Number 10 in the Broken Front Concession that is not within a registered plan of subdivision, or, is within a registered plan and not ` designated by letter or number other than numbers which indicate the number of the Township Lot and Concession: 30 { Those parts of original Township Lot Nuimbern1l in the Broken Front Gonaession more partioularly desoribed ea follows: a) Block 8 according to a plan of subdivision .dated the 12th day VOLVO 6 2- K a f KS n 3. (b) All that part of said original Township Lot Number 11 that is not within a registered plan of subdivision, or is within a registered plan and not desir;natt d by letter or number other then numbers which indicate the number of the Township lot and Concession: c) Lots numbered 1 to 5 inclusive, 6 to 9 inclusive, 39 to 46 inclusive, ,lots numbered 52 to 73 inclusive, lots numbered 9 to 92 inclusive, lots numbered 16 to 102 in.elusive tjnd lots numbered 108 to 114 inclusive, lots numbered 126 to 131 inclusive, lots numbered 137 to 143 inclusive and lots numbered 151 to 160 i'riclusive &a shown on, a registered plan made by Thomas Wallis Herrick for Messrs. Wilson, Armour ac Yearns dated November 15th, 1856 and filed in the Registry Office for the Coutty of Durham, Whose parts of original Township Lot Dumber 8 ., in. 'the lst , Concession more particularly ddaeri bed as follOUS: a) , Lots numbered 1 to 32 inclusive at the north end of said Township Lot as shown on a regi 8tered plan of the Town of, Bowmanville' Mde by Go G. Hamming I .L. so, and dated the 30th day of June, 1869: b All that part of said arigina1 'down ei.p `Lot Number 8 that i not within a registered. plan -of subdivision, or,, is within' a • e lac d not desk. ;nested by - letter "or narber otherrag. „stet p f c:. r then numbers which indicate th,e rnu mber of the T ownship Lot and u._ Concession: 5 . , Those parts of original Township Lot number-9 ln.'thello,GQ nass af on no 're partioularly desoribed as follows: a Lots'numbered.150 160 and 20 asoording to a regi stered plan o! Subdivision of the smart Estate =ade by Le He 9hortt, Provfnoial y Surve or dated April 14th 18589 and Filed in the Registry offioe y for the County of Durham on the 4th day of leas, 1858: 1b) Lots numbered 1, 29 39 4, •5 and 6 at the south end of sai . Township lot and lots numbered 1 to 33 Inclusive in Bl.00k 3,, all ao oording to a registered plan of the Town of Howmanville made by T. 8. Reid, Ontario Land Surveyor and dated J une, 1893. o 'Lots numbered 10, 2., 6 and 8 as at:own on a registered plan at the Town of Bowmanvi lle made by 0 . d'. Hanning , P.L oS e and dated the 30th day of Junes 1869* d A11 tljat part or nied original. TovVehip • tfi6t No. 9 '01at L mot' r4: tic .. mrFrbiu na 4k,xnAMp,,x,d /,1 YJM:, • YOLUMIL 6 5• (d) withip a registed plan of subdivision., or, is withing ia_ registered plan and not deli €,nated by letter or number other than numbers which indicate the number of the Township Lot and Conce:_ Sion: Lots numbered 1 to 50' iralusive as shown on a re •i gter3d plan of the property of St. J. Hutcheson raido by ThoM83 Wallis Herriok, Provir offal Lard Surveyor and , filed in the. Registry Office for the County' ,of Durham on the 3rd day of October, 1856. 6 Those, parts of original Township Lot Humber 10 in the 1st Concession. more particularly described as follows:,, a) The unsubdivi.ded portion of , blocks lettered ,V 0, 1 , Q- and R as shown on a registered plan of tha Town of Bowmanville,. made by Co 0. Hanning . l'.L. S. and, dated. the 30th day of rr b) Pl.ock -numbered 3 and Toots numbered 4v 5 6,, 8, 10; 11, 12; 13 and 14 in Block 4 lying north of King Street as shown on a registered plan of the' Town of Bowmanville made by Co G. Henning, P.L.S. , and dated the 30th day of 'une , l 69 o), All that part of said ori,;f nal Township I,ai loo. to that i a not within a registered plan of subdivision, or, is within ra registered' plan and dot designated by letter or number other than numbers which indicate the number of the Township , Lot and Concession dots _:..nusabere+d 21 i ..and:: in:: Blo: -ak C ic t, ,,..hu boars.$. 0.._.. i_..... 3-i 53.E - 54 in Block G, lots - numbered 42, 43-, 4+ , ? 5 5,. 5 - -.and 57 in Block E. that part of queen Street (now olosed) lying between the east limit of St. George Street and the west limit of Simpson Avenue, all as shown on a registered plan of the Town of Aowmanvi lle mad s by C. G. Harming, P.L .3. , and dated the 30th day of June , 1869. 7o All those parts of original Township Lots numbered 119 129 13 and 14 in 'the let Conoession that are not .within a registered plan of sub- division, or, are within a registered plan and not designated by letter or number other than numbers which indioate the number of The TOWID8hip rot and Conosssiout Lem All that part of original Township Lot No. 8 in the 2nd Conoession that is not within a registered plan of subdivislor,, or, is within a registered plan and not designated by letter or number other then numbers a whiah indioated the number at the Township trot and Concessions Na.R MtNNW^1 /tWIHYtfE`'d';k ":I i A•. .. .. ........ _ ..__ _ .,,,.. ti_ - S g Blo two numbered i,," o 22 Block tC ", Lots numbered 91 to 9 acid c L ino lu eive i n Block '"S" and Lot marked "Lot Res erved"p all as , l :n of subdivision made by T. Viio tierriok shown, on a r eg i st are d T. P.L.S. for kessrs. Porter and i3rdsh <<w filed in the -Registry Offioe on October the 10th, 185 b) All that art of said origii al Township Lot Ko. 9 1n. the 2nd Con cession that is n6t within a regi :jtered plan of subdivision, estersdiswithinargi plan any. not desiFr aced by letter or or which indieei number o the r than numbers te the number of the d:i. e::L:rl .., -..., t..s }: !Y F..f, d IhW r .i .,.: ,,. fioy, ,,....t ,ym.i,. dr g ,,, . w 8..,±_ t4.i.., f .., . , r1 , , ,,:,:y xym ii r/i.l` ai W / :'V !tl i,y 1. i.i i Those Darts of original Townap -Lot -i o- -10 in the 2nd Concession 1 . F d a more P artioularly udesoribed he follolis a) Lots, ,Sometimes :nes referred to as Blocks, numbered 19,2 v 3,, 5;, c ;ord in to a registered, plan ofth© Town o2' 8 and 9 so K deb C4 C. HanYiin, , P.L.S. and dated the Bowmanville me y 30th day of June, is 69 art ff' said on anal, Town sh11) Lot rTq. 10 in the... fib) All that p , o 2nd Concession thtit is not within a registered lan of a T o is within a 'registered 7pla.n and not deaipn t'ed a Subdivision, r, letter or number - other than- numbers which b 1e ` i, o a to e r d Concession: 4 nuiaba r of t 1A To hwns . p Lot at i 2 d - -u -the ==2nd onae s.on• 11. Those parts of origin al Township Lot a., n more part ioularly described as follows: 1 1 15 16 17 18 and 20 ao0W' 'd,ing'Fto Lots numbered 129 3, 4. . • • a registered plan of the Town of Bowmanville ode by 1 and tinted the 30th day o f . June , 1869 t u C, G. Hannitl€', P.L.S. n thatfib) All Qa rt of said original Township Lot Ko. 11 in the 2n d Conaetlaion that is not within a registered p lan of Subdivi s ion or Is within a registered plea and not designated by letter or number other than num bers which number of the Township Lot and Conoession: indicate the , w 129 Those parts of original Township Lot ho. 12 in the 2nd Concession srao re partioularly desoribed an follows: 4 raj Blocks 10 and 11 lots 29 39 4 and 5 and that part of Lot 1 oluded in registered plan Ho. 595 in Blook 8, Lots 7 and not in 8 in Block 7v and Late 4 and 5 in Hlook 9 a000rding VOLUM OUNN F 3 x 3. a5'.'= 4 „ r% 4 >, ?5: - a i, r: "v :.,.z T«x ti- ,«a >: ' s.,'r s s a'`.'Y....ti.i;3.r &`A:i .A: _ lt: (a) to a registered plan of the Town of Bowmanvill y 4iw Sc H.12 DU L141 p13 RP GIS'T ED PL 1S 4I, SUBDIVISION AND PART OF IFTFRED PLAI`TD OF SQBDIVI STON WITHIN THE CORP07, 11,,TIOr, OF THE TOWN Or NOT TO BE R GI STY' D PT AITS OF SURDI VI: IoN. 1* That Part of the registered plan of subdivision of . the Sm &:rt Bat to being part of original Township Lot Yo. 9 ir_ the Broken Front Concession, made by L. H. Shortt, Provineiil Surveyor, dated April 1Lth r 18589 and i filed in the Registry Office for the County of Durham on t1he 4th day of May, 1878, more particularly descri.Led a-9 fol.lo- . s . t a) BLoak s lettered H. it L, V and T ac3 cord i nr to said Plan, and b) Blocks number 4, r 5, 8, 99 199 110 129 13, 14, 17, 18 and 19: a) Lots numbered i to 16 inclusive-in Block B, L ' t s numbered 1 to 17 inclusive in Block C, Lots dumber 1 to 6 inclusive in Block D, Lots numbered 1 to 9 inclusive in Block F. Lots nurloered L to inclusive in _B1ork _ G. _mots. _- numbered 1- 1-- to -__1 -5 _ ncl-usive-- _i-n -- Block R _ and Lots numbered 1 to 11 inclusive in Block S. Lots numbered 21 and 22, Block h. lots numbered 1 to 17, inclusfve in Block K lots numbered 1 to 16, inclus; ve in Block P. lots numbered 1, to 13 inclusive in Block 0,, Black 19 and lots numbered 1 to 1:6 1I1Clusive in Block 2 all aaeordinC to a registered plan of subdivision of the Smeurt Estate made by L. H. Shortt, Provincial : Surveyor, dated April 14, 1858e. and filed in the Regiatrl Office for the County of Durham on the 14th r . day of , May , 18580 Block according -- ._.. - - -_ 3 to a plon ag subdivision of prr:t of oriit]. TTownship Lot o. 11., in the ,Broken 'Font Cnn dssic n dated-, - the _12th, -. 1924 and registered in the Registry Office for the Reelstry Divialon of-the West, 101 Riding - of the, County. of Durham on the 8th day of Auguat 0 19240 r as No. 1980 • _. _ a Lots numbered 1 to 5 inolusive, 6 t 9, iricluaive, 39 to 46 inaLueive lots numbered 52 to ?3 inclusive, lots numbered 79 to 92 inclusive, lots. numbered 96 to •102 inclusive and lots numbered 108 to 114 inclusive , lots numbered 126 to 13.1 inclusive, lots numbered 137 to 143 ' inolusive and lots numbered 151 to 160 inclusive as shown on a registered plan mad' by Thomas5 s o ieesre. Wilson Armour '& Kearns dated November .15th, Wallis derrick for • 8 6 and filed in the Registry Office for the County of Durham on the 28th15 day of lay Cig57. R Lot a numbered 1 to 32 inolusive at the north and of Township Lot Ho. 8 TPF is the let Conoession as shown on a registered plan of the Town cf, r all t S Bowme nville made by C e Go Hannine, P.L.S., and dated the 30th day of June 1069 d" wit ;. VOL= 6 r rCF,,s •?;: .+ a,r,,- .' :tt . .t ,,, =nom. .r tc` _,.a .r+ + 2 5 • Those parts of pltans in oririnul Township Lot Wo. 9 in the 1st Conoes-sion more particularly described as follows: a)' Lots 15 , 16 and 20 a e cordin.- to a registered plan of subdivision, of the Smart . tate made by Le S. Shortt , Pro vine ia1 Survey or, dated April 14th; 1 5', end filed.-in the RccL5tr Office for the County of Durham on the 4th day of May1, 18589 bi Lots numbered 19 29 3'9 49 5, gird 6 at the south ei d, of said Township lot and lots nunbere d 1 to 33 i.nclusiv6 in Ploek ' 3, all ai, lii ar i 3_ To, , The regi stered plan of sub wd1Vi810n of part of original. Townahip t e 2nd 'a'oneession made by T. if. Herrick, P.L.S., for Lot Woo 9 in h show filed in the Registry Office on October Messrs. Porter arid Brad lv described Eli being Lots r,ur bered 1 to 10th, 1856, more particular , 4 Y.. , B1ook "A "Lots numbered 25 to 54 inc tiiv. in Block 4 inclusive in , to 60 inclusive in Block "DT', logy bered B , Lots numbered 55 Block "C" Lots r ur bered 91 to 9 find Bldoks, f ,61 to 90 inclusive in B1 , z. Block "h" aid Lot varkfA "Lot Fie >>erved ": numbered 1 to 22 inclusive in . S. That per of a plan of or i inel Township Lot No. lU in the, 2nd Concession F s shown on a registered Ilan of the Town of anvi12e fTune 18699 C G. Henning, P.L.S. , and dated the 30th day L . ,. mad a by C. bein7 Lots, sometime s referreded to as Blocks , numbered 19 2, 3 , , 5 o r d n.gza4o to suid plan. 9 • Those parts of a plan of original Towrnship dot _ .• _-. oncession as shown on a , registered flan made by C. , ' June, 1869 beiIig conposed o Lots numbered and dated the 30th day of J , s k 1 Jg and 20 according to said L_jlan. 13, 14 15. 169 7 , original Township Lot No.. 12 i, n the 2nd f 10. Those parts of plans in ed e $ follows: Conte ess , ion more partioularly desorib a Blocks 10 and 11, Lots 2, 3. + and 5 and that part of Lot 1 1j 8 Lots b not included in registered plan No. 595 in Block s and 5 in Block 9, accordingLats and g in Block 7 and d n d , I are istered elan of the Town of Powinnvi le_ made by C t ' f 19z.y. , ...:,. _...,.>•s,x . ,.. _.. ._ _ $ red dated the 30 h e ay o U118eT 0 0. Henning, P.L. .. b _ Ltit a numbered .1 to 16 inalusive ac(.-ordin- to red; stored 1 - b , y o property of ',illi Hembly dated February lgth plan of the Y 3' the Be ~iatry Office if or the Count of Durham , 1857, filed in €. on the 3 y of l.'iercYi, 1857 • rd day. ` v le Yls of the Town of Bow manv ilie made 11. Those parts of registered p and dated the 3ot h day of June , 18690 byET by C. G. Hatnnint+ P.L.S. , r and by John are nt j Reid Ontar io Land Surveyor, dated June 193, j • 7 • , y , A ril 20th. 18520 within orif-ina]. Township Lots p.L.B., registered on p numbered 10 and 11 in the lat Go end g, 9 , 10, 11 12, ill and 14 in the let and 2nd Cron cession , that are not by letter r numbers which I ndioate the numb of the Township or number other than r Lot and Ctomoesgion. 120 Lots numbered 78 to 84 i naLu give and 10t S 94 to 100 inc lueive to re i atexed Plan Number 820 according g k 1 r a VOLUMi 6 d, Y: KA'