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HomeMy WebLinkAbout02/18/2020Clar*wn General Government Committee Agenda Date: February 18, 2020 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/archive *Late Item added after the Agenda was published. General Government Committee February 18, 2020 Pages 1. Call to Order 2. Land Acknowledgement Statement 3. 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. 4. Adopt the Agenda 5. Declaration of Interest 6. Announcements 7. Adoption of Minutes of Previous Meeting 7.1 Minutes of a Regular Meeting of January 27, 2020 5 8. Delegations No Delegations 9. Communications — Receive for Information 9.1 Minutes of the Orono Business Improvement Area dated January 16, 19 2020 9.2 Susan Cassel, City Clerk, City of Pickering, Regarding Decommissioning 20 of the Pickering Nuclear Generating Station 10. Communications — Direction 10.1 Dianne Gould -Brown, City Clerk, City of Sarnia, Regarding Ontario 22 Power Generation's Deep Geologic Repository Project (Motion for Direction) Page 2 General Government Committee February 18, 2020 10.2 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of 25 Durham, Regarding Durham Region Climate Change Emergency Declaration (Motion for Direction) 10.3 David Crome, Regarding Declaration of Climate Emergency 28 (Motion for Direction) 10.4 Sarah Delicate, Regarding MP Derek Sloane's Letter Regarding the 30 Potential for Severe Flooding (Motion for Direction) 10.5 Douglas B. MacCheyne, Royal Canadian Branch 178, Regarding 33 Request to Sponsor Veterans Banner Program (Motion for Direction) 10.6 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of 39 Whitby, Regarding Expanded Paid Parking at GO Commuter Rail Stations (Motion for Direction) 10.7 Peggy Johnson, Secretary Treasurer, Rainy River District Municipal 41 Association, Regarding Fair and Equitable Property Taxation Revenue on Railway Right -of -Ways Collected by Municipalities in Ontario (Motion to Endorse) 11. Presentations No Presentations 12. Engineering Services Department Reports 12.1 EGD-001-20 Building Activity Update January 1 to December 31, 2019 43 12.2 EGD-002-20 Hancock Road Servicing at Baseline Road - Certificate of 52 Acceptance and Assumption By -Law 12.3 EGD-003-20 Farewell Creek Trail Phase 2 Ecological Gifts Program 57 Update Page 3 General Government Committee February 18, 2020 13. Operations Department Reports No Reports for this section of the Agenda. 14. Emergency and Fire Services Department Reports 14.1 ESD-002-20 Establishing a Motor Vehicle Collision Cost Recovery 67 Program and Amendment to Fees By -Law Schedule B 15. Community Services Department Reports No Reports for this section of the Agenda. 16. Municipal Clerk's Department Reports 16.1 CLD-003-20 2019 Accessibility Annual Status Update 73 17. Corporate Services Department Reports No Reports for this section of the Agenda. 18. Finance Department Reports No Reports for this section of the Agenda. 19. Solicitor's Department Reports No Reports for this section of the Agenda. 20. CAO Office Reports 20.1 CAO-005-20 Partners for Climate Protection Program 83 21. New Business — Consideration 22. Unfinished Business 22.1 EGD-018-19 Award of Geotechnical Services Consulting for Slope Stability Investigation, Analysis and Report of Farewell Creek Trail Phase 2 (Tabled from the December 9, 2019 Council Meeting) Link to Report EGD-018-19 23. Confidential Reports 24. Adjournment Page 4 ClarhWWn If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: January 27, 2020 Time: 9:30 AM Location: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart, R. Albright Staff Present: A. Allison, G. Acorn, R. Maciver, M. Marano, T. Pinn, G. Weir, A. Greentree, J. Gallagher, S. Gray, S. Brake, F. Langmaid (until 11:38 AM) 1. Call to Order Mayor Foster called the meeting to order at 9:30 AM. 2. Land Acknowledgement Statement Councillor Anderson led the meeting in the land acknowledgment statement. 3. New Business — Introduction Councillor Jones asked that a new business item, regarding Flooding on Nash Road, be added to the New Business — Consideration section of the agenda. Councillor Neal asked that a new business item, regarding Employee Contracts for Director Positions, be added to the New Business — Consideration section of the agenda. Recess Resolution # GG-043-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 5 minutes. Carried The meeting reconvened at 9:36 AM with Mayor Foster in the Chair. 1 Page 5 General Government Committee Minutes January 27, 2020 4. Adopt the Agenda Resolution # GG-044-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the Agenda for the General Government Committee meeting of January 27, 2020 be adopted as presented with the addition of a New Business Items: • Flooding on Nash Road • Employee Contracts for Director Positions Carried 5. Declaration of Interest Later in the meeting, Councillor Neal declared an indirect interest in Delegation 8.3 , Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood and Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood. Councillor Jones declared an indirect interest in Report CSD-002-20 Public Access Defibrillator Program — Lakeridge Health Agreement Renewal. Councillor Hooper declared a direct interest in Unfinished Business Item 22.1, Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, Regarding Regional Heritage Property Tax Rebate. 6. Announcements Members of Committee announced upcoming community events and matters of community interest. 7. Adoption of Minutes of Previous Meeting Resolution # GG-045-20 Moved by Councillor Zwart Seconded by Councillor Jones That the Minutes 7.1 and 7.2, be received on consent. Carried 7.1 Minutes of a Regular Meeting of General Government Committee dated January 6, 2020 7.2 Minutes of a Special Meeting of General Government Committee dated January 10, 2020 2 Page 6 General Government Committee Minutes January 27, 2020 8. Delegations 8.1 Pauline Witzke, Port Darlington Community Association, Regarding Port Darlington Shoreline Protection Pauline Witzke, Port Darlington Community Association, was present regarding Port Darlington Shoreline Protection. Ms. Witzke provided an overview of the water levels in the Spring of 2019. She thanked the Municipality for their efforts. Ms. Witzke reminded the Committee that, in July 2019, the Committee passed a resolution to enter into urgent negotiations with Votorantim, other government agencies and the Provincial and Federal Governments, to explore all funding options for implementation of the Baird Report Option 3 or other effective engineering solutions to the starvation and erosion at Cedar Crest Beach Road. She explained that the water level of Lake Ontario is higher than January of 2019. Ms. Witzke noted that the community has attended meetings in September and November where neither municipal staff nor CLOCA staff have answered the questions asked by Council and the CLOCA Board of Directors regarding the impact of the St. Marys pier on shoreline erosion. She stated that in 3 months, residents will be facing more erosion from wave energy on Lake Ontario. Ms. Witzke explained that no progress has been communicated to the residents from the urgent negotiations that were committed in Council's motion. She explained that residents are looking at another year where no physical barrier to the waves is going to be there. Ms. Witzke stated that this will be the fourth spring since bringing the issue of shoreline erosion in Port Darlington, and the risk to homeowners, to the attention of Council. She mentioned that last spring one family had to relocate due to foundation damage to their house caused by erosion and they are still not back in their house. She asked the Committee for help and answered questions. Resolution # GG-046-20 Moved by Councillor Traill Seconded by Councillor Neal That the Delegation of Pauline Witzke, Port Darlington Community Association, Regarding Port Darlington Shoreline Protection, be received with thanks. Carried 8.2 Libby Racansky, Regarding Municipal Roads and Traffic Congestion Libby Racansky, was present regarding municipal roads and traffic congestion, as well as the practical application of new planning to Hancock Neighbourhood. She made a verbal presentation to accompany an electronic presentation for both delegations. Ms. Racansky requested that the Committee pass a by-law that would protect people's lives. She explained that current and previous development should be reviewed to assess the sustainability of the area and safety of residents. Ms. Racansky noted that the extensions and widening of future or existing roads should not be considered and that they would only add to more impermeable surfaces that would cause even more flooding. 3 Page 7 General Government Committee Minutes January 27, 2020 Councillor Neal declared an interest in the delegations of Libby Racansky related to an interim control by-law, as it relates to his law practice. He left the room and refrained from discussion on this matter. She stated that, in order to pass this by-law, the following items must be considered: 1. Sensitivity of Courtice's aquifer that is underlain by clay that holds the water and groundwater flow coming from northeast to southwest. 2. The areas stripped of vegetation must be replanted at suitable areas as much as possible within the subdivision. 3. Limit grading and protect the remains wooded, thickets, meadow areas that hold the water in place, not allowing subdivisions to become flooded. 4. Limit ditching and diversion of water to storm water management. 5. Install sufficient culvert and maintain flows to allow wildlife to cross the roads by creating eco-passages (speed bumps - ex. -Athol St., Oshawa). 6. Create bank on the south side of tributary that is crossing Hancock Rd. within the Trolleybus land to avoid flooding of properties not owned by this developer (south, Tabb, etc.); divert the tributary to south land owned by the Trolleybus crossing Nash Rd., so that it could enter the Black Creek. 7. Do not extend or widen roads. 8. Use `trenchless technology' for culverts, sewer/water pipes. Ms. Racansky noted that trenchless technology should be applied in Courtice. She explained that last year a tunnel boring machine was used at Baseline Road and Courtice Road to dig an 817 metre long tunnel for sanitary sewer services to planned development areas. Ms. Racansky stated that the project was completed in partnership with Ward & Burke Construction Ltd. and this type of trenchless technology involves underground construction work that requires fewer or no continuous trenches and is being used by the Region to install utilities such as water. She explained that the Committee should pass an interim control by-law to undertake a review of the existing neighbourhood in order to identify elements of neighbourhood character and to develop regulations and implementation tools to preserve the existing neighbourhood character. Ms. Racansky continued by stating that congestion can be stopped by removing car lanes, restricting vehicles, improving transit, not extending roads or adding lanes. She explained that the environmental, social and economic costs associated with traffic congestion are real and affect the health, quality of life and wallet of all taxpayers and citizens on a daily basis. Councillor Neal returned to the meeting at 10:31 AM. Ms. Racansky noted that the road congestion also increases the air pollution produced by the combustion of fossil fuels, leading to an increase in respiratory 4 Page 8 General Government Committee Minutes January 27, 2020 problems, premature deaths and several types of cancer, especially for neighboring populations. She stated that adding roads does not improve the economy and increasing public transit is not enough to reduce congestion. Ms. Racansky mentioned that the imposition of eco-tax measures, such as the gas tax and the parking tax, can help reduce vehicle use. She concluded by urging the Committee to start a new way of planning. 8.3 Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood The Delegation of Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood, was considered earlier during Item 8.2. 8.4 Roman Zydownyk, Regarding 55 A/B Townline Road South, Clarington Roman Zydownyk, was present regarding 55 A/B Townline Road South, Clarington. Mr. Zydownyk stated that he is opposed to the nature and type of buildings being constructed at 55A and 55B Townline Road South. He explained that he is concerned that the development does not comply with the zoning and that these buildings have been deliberately constructed to be occupied as triplex units, in direct violation of Municipal by-laws. Mr. Zydownyk stated that no new approvals should be provided for any variance to legitimize the buildings constructed on these properties and condone this builder's behaviour. He explained that he is concerned with water drainage and flooding of properties abutting 55A/B, including 75 & 81 Kingswood Drive, the two properties backing on to the subject properties due to significant changes made to the topography of the properties. Mr. Zydownyk displayed photos of the properties and how they altered the nature and use of abutting properties. He outlined his concerns regarding Zoning Compliance, Parking, Drainage and Snow Removal, Lighting and Garbage Management. Mr. Zydownyk requested that the Committee ensure the builder complies with municipal by-laws and does not circumvent those by- laws by seeking retroactive approvals for flagrant violations. He also requested that the Committee ensure the builder works with the property owners in the neighbourhood to address all concerns. Mr. Zydownyk would like the builder to adhere to the same rules of construction that all builders in Clarington must follow and variances to by-laws should not be provided in instances where there has been a flagrant disregard for the by-laws of the Municipality. Suspend the Rules Resolution # GG-047-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the delegation of Roman Zydownyk, Regarding 55 A/B Townline Road South, Clarington for an additional two minutes. Carried 5 Page 9 General Government Committee Minutes January 27, 2020 He explained that residents should not be placed in a position where they are required to police builder compliance with municipal by-laws. Mr. Zydownyk stated that it is clear to the residents that these two buildings were deliberately constructed to be something other than single family dwellings designed to operate as one unit and this builder should not be allowed to operate anything other than that. Resolution # GG-048-20 Moved by Councillor Jones Seconded by Councillor Neal That Staff report back on issues related to the construction of 55A and 55B Townline Road South. Carried Resolution # GG-049-20 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution for a second time. Carried Recess Resolution # GG-050-20 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 11.47 AM with Mayor Foster in the Chair. 9. Communications — Receive for Information Resolution # GG-051-20 Moved by Councillor Jones Seconded by Councillor Hooper That Communication Items 9.1 to 9.3, be received on consent. Carried 9.1 Minutes of the Bowmanville Business Improvement Area dated November 12, 2019 9.2 Minutes of the Tyrone Community Centre dated November 20, 2019 9.3 Minutes of the Newcastle Business Improvement Area dated December 12, 2019 6 Page 10 General Government Committee Minutes January 27, 2020 10. Communications — Direction 10.1 Libby Racansky, Regarding Municipal Roads and Traffic Congestion Resolution # GG-052-20 Moved by Councillor Neal Seconded by Councillor Jones That Communication Item 10.1, Libby Racansky, Regarding Municipal Roads and Traffic Congestion, be referred to the Clarington Active Transportation Advisory Committee. Carried 10.2 Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood Councillor Neal declared a direct interest in Item 10.2, Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood, as it relates to his law practice. Councillor Neal left the room and refrained from discussion and voting on this matter. Resolution # GG-053-20 Moved by Councillor Jones Seconded by Councillor Zwart That Communication Item 10.2, Libby Racansky, Regarding Practical Application of New Planning to Hancock Neighbourhood, be referred to the Planning and Development Department. Carried 11. Presentations No Presentations. 12. Engineering Services Department Reports No Reports for this section of the Agenda. 13. Operations Department Reports No Reports for this section of the Agenda. 14. Emergency and Fire Services Department Reports No Reports for this section of the Agenda. 7 Page 11 General Government Committee Minutes January 27, 2020 15. Community Services Department Reports Councillor Traill chaired this portion of the meeting. 15.1 CSD-002-20 Public Access Defibrillator Program — Lakeridge Health Agreement Renewal Councillor Jones declared a direct interest in Item 15.1, Report CSD-002-20 Public Access Defibrillator Program — Lakeridge Health Agreement Renewal, as she is a Lakeridge Health employee. Councillor Jones left the room and refrained from discussion and voting on this matter. Resolution # GG-054-20 Moved by Councillor Hooper Seconded by Mayor Foster That Report CSD-002-20 be received; That Council authorize the Mayor and Clerk to sign the Agreement provided by the Central East Prehospital Care Program (CEPCP), on behalf of Lakeridge Health; and That Central East Prehospital Care Program be advised of action taken. Carried Councillor Jones returned to the meeting. 16. Municipal Clerk's Department Reports Councillor Jones chaired this portion of the meeting. 16.1 CLD-002-20 Appointments to Fill Vacancies on Various Boards and Committees Resolution # GG-055-20 Moved by Councillor Neal Seconded by Mayor Foster That Report CLD-002-20 be received; That the Committee consider the applications for appointments to the various boards and committees, and that the vote be conducted to appoint the citizen and Council representatives to the various boards and committees, in accordance with the Appointment to Boards and Committees Policy; That the Municipal Clerk's Department be authorized to continue to advertise for the remaining vacancies on the Newcastle Arena Board and the Livestock Valuers; That Sajida Kadri be appointed as the youth member to the Diversity Advisory Committee for a term ending December 31, 2022 or until a successor is appointed; 8 Page 12 General Government Committee Minutes January 27, 2020 That the resignation of Kenneth Illechukwu, from the Diversity Advisory Committee, be received; and That all interested parties listed in Report CLD-002-20 and any delegations be advised of Council's decision. Carried Diversity Advisory Committee That Meera MacDonald be appointed to the Diversity Advisory Committee for a term ending December 31, 2020 or until a successor is appointed. Suspend the Rules Resolution # GG-056-20 Moved by Councillor Hooper Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional five minutes past the lunch break. Carried Suspend the Rules Resolution # GG-057-20 Moved by Councillor Zwart Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional two minutes in addition to previous extensions, past the lunch break. Carried Suspend the Rules Resolution # GG-058-20 Moved by Councillor Neal Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting for an additional 10 minutes in addition to previous extensions, past the lunch break. Carried Resolution # GG-059-20 Moved by Councillor Neal Seconded by Councillor Traill That the Committee recess until 1:00 PM. Carried The meeting reconvened at 1:00 PM with Mayor Foster in the Chair 9 Page 13 General Government Committee Minutes January 27, 2020 17. Corporate Services Department Reports Mayor Foster chaired this portion of the meeting. 17.1 COD-001-20 Co-op Request for Proposal RFP-348-2019 — Consulting and Related Management and Administrative Services for the Supply of Natural Gas Resolution # GG-060-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report COD-001-20 be received; That the Co-op RFP submission received from Blackstone Energy Services Inc., Toronto, for the provision of consulting and related services for the supply of natural gas and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Service's Department) for a term of three years for an estimated annual fee of $12,690.00 per year (excluding HST), based on the current number of accounts and subject to change over the contract term be accepted; That pending satisfactory performance, the Purchasing Manager be given the authority to extend the contract for up to two additional one-year terms; and That all interested parties listed in Report and any delegations be advised of Council's decision. Carried 18. Finance Department Reports No Reports for this section of the Agenda. 19. Solicitor's Department Reports 19.1 LGL-001-20 Assumptions of Road Widenings Resolution # GG-061-20 Moved by Councillor Jones Seconded by Councillor Hooper That Report LGL-001-20 be received; and That the draft By-law attached to Report LGL-001-20, as Attachment 1, be enacted. Carried 10 Page 14 General Government Committee Minutes January 27, 2020 20. CAO Office Reports 20.1 CAO-003-20 Forestry Service Delivery Review Resolution # GG-062-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Report CAO-003-20 be received; That Council endorse the recommendations of the Forestry Service Delivery Review; That the recommendation to conduct a customer service and work order process review be initiated immediately by staff; and That the other recommendations set out in the consultant's Service Delivery Review of Forestry Services be prioritized to enhance Forestry services. Carried 21. New Business — Consideration 21.1 Flooding on Nash Road Resolution # GG-063-20 Moved by Councillor Jones Seconded by Councillor Neal That staff report back on the flooding at Nash Road, Harry Gay Drive and Tabb Avenue in Courtice to answer the following questions: 1. What caused the flooding? 2. Who prepared the drainage plan? 3. Was it adequate for this area and will it happen again? Carried 21.2 Employment Contracts for Director Positions Resolution # GG-064-20 Moved by Councillor Neal Seconded by Councillor Jones That the CAO be directed to prepare a report regarding a proposed policy to establish that employment contracts for director positions, filled after this date, be for five year contracts, with a one year severance payout plus benefits, in the event of non -renewal. Carried Later in the Meeting, see following motion 11 Page 15 General Government Committee Minutes January 27, 2020 Closed Session Resolution # GG-065-20 Moved by Councillor Neal Seconded by Councillor Zwart That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. Carried Rise and Report The meeting resumed in open session at 2:24 PM. 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 on a procedural matter. Resolution # GG-066-20 Moved by Councillor Neal Seconded by Councillor Traill That the foregoing Resolution #GG-065-19 be amended to add the following to the end, as a second item: Any employee related policies pertaining to Directors. The foregoing Resolution #GG-065-20 was then put to a vote and carried as amended. 21.3 CAO-002-20 NRCan Zero Emission Vehicle Infrastructure Program Resolution # GG-067-20 Moved by Councillor Neal Seconded by Councillor Jones That the recommendations, contained in Confidential Report CAO-002-20, be approved. Carried 12 Page 16 General Government Committee Minutes January 27, 2020 22. Unfinished Business 22.1 Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, regarding Regional Heritage Property Tax Rebate Councillor Hooper declared a direct interest in Unfinished Business Item 22.1, Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, as his family business building has been disqualified as a historical building. He left the meeting and refrained from discussion and voting on this matter. Resolution # GG-068-20 Moved by Councillor Zwart Seconded by Councillor Neal That the following resolution from the Town of Whitby, regarding Regional Heritage Property Tax Rebate, be endorsed by the Municipality of Clarington: That the Region of Durham be requested to support heritage preservation by adopting a by-law to provide a Regional property tax rebate for designated heritage properties, including those properties within heritage conservation districts; and, That a copy of this resolution be sent to area municipalities in the Region of Durham. Motion Lost Resolution # GG-069-20 Moved by Councillor Neal Seconded by Councillor Zwart That Unfinished Business Item 22.1, Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town the Whitby, regarding Regional Heritage Property Tax Rebate, be received for information. Carried 23. Confidential Reports 23.1 CAO-002-20 NRCan Zero Emission Vehicle Infrastructure Program Report CAO-002-20 NRCan Zero Emission Vehicle Infrastructure Program was considered earlier in the meeting during the New Business portion of the agenda. 13 Page 17 General Government Committee Minutes January 27, 2020 24. Adjournment Resolution # GG-070-20 Moved by Councillor Hooper Seconded by Councillor Traill That the meeting adjourn at 2:39 PM. Carried Mayor Deputy Clerk 14 Page 18 Minutes Orono DBIA Meeting January, 16th, 2020 - 9:30 a.m. Firehall Bistro Present: Karen Lowery, Heather Maitland, Kelly Renee, Valerine Lacroix, Julie Cashin-Oster DBIA — 2020 Meeting will be called for January 30 — 9:30 a.m. at Firehall Bistro to elect the Executive: chair, treasurer and secretary. Julie — will ask the municipality if they have documentation regarding the roles/responsibilities and what they require. Discussion around the importance of being more organized, keeping paperwork up to date, sending out agendas/minutes the week before giving members ample time to add agenda items if they wish. Christmas Wreaths Where are we at? Do we have the money from the municipality? Bike Racks Karen received an email from Margaret in December with a couple of options as the municipality was placing an order at the end of December. Message emailed from Karen to all members to pick — Alister, Lisa, Julie replied. Karen sent Margaret our order of preference. The order was placed — however, we do not what was ordered. Events/Tourism Sandy Yorke (OCC) has been working with the tourism office to get our events posted on municipal calendars, boards, sites etc. We will invite Sandy to the January 30 meeting. We need to get all event dates confirmed. Regular Events: Easter Egg Hunt — April, 11, 2020 (usually the Saturday of Easter weekend) Antique Festival — August 8, 2020 (second Saturday in August) More Than a Car show — September 25, 2020 (fourth Saturday in September) Orono Fair Parade — September 12, 2020 (Saturday of Orono Fair Weekend) Pumpkin Walk — November 1, 2020 (day after Halloween) Orono Santa Claus Parade — November 28, 2020 (last Saturday in November) Lighting of the Lights — TBD New Events: Cannabis event April 19th — Kelly's Green Lounge at Fair Grounds Ideas for Events: Dance on May, 2nd Hoedown Winter Wonderland Town hall dance Oronofest — we felt this was too popular of an event not to continue. Talking to the Lion's Club (new group starting in Orono) to assist with Oronofest. Karen also has someone in mind that might take the lead. Discussion around having an event committee or each event have a sub -committee. Talk to the fire department for events. Talk to the OCC about events — as they are no longer hosting Oronofest, however they have offered assistance where needed. Co-op — invite to future meetings, keep them in the loop regarding events. Town hall board include them when event planning. Are they interested in participating? Scott Story — More Than a Car Show, Orono Santa Claus Parade, Orono Fair Parade. Touch base with Fair Board — other events that might be happening (outside bookings) that maybe we can connect with — ie Monster Truck Show, dog shows Website — talk to Brian Rutherford for the website, add meetings and events Next Meeting January, 30, 2020 9:15 a.m. at the Fire Hall Bistro Page 19 DICKERING Sent By Email January 30, 2020 Corporate Services Department Legislative Services The Honourable Greg Rickford Minister of Energy, Northern Development and Mines Minister of Indigenous Affairs greq.rickford(a).pc.ola.orq Subject: Re: Decommissioning of the Pickering Nuclear Generating Station Notice of Motion File: A-1400-001-20 The Council of The Corporation of the City of Pickering considered the above matter at a meeting held on January 27, 2020 and adopted the following resolution: The Council of the Corporation for the City of Pickering: 1. Supports the commencement of the decommissioning process and dismantling of the PNGS as expeditiously as possible in line with the recommendations of the International Atomic Energy Agency "Decommissioning of Nuclear Power Plants, Research Reactors and Other Nuclear Fuel Cycle Facilities"; 2. Directs City of Pickering Economic Development and Public Affairs Staff, through the CAO, to commence work with OPG and other partners on creating and promoting Pickering as a Centre of Excellence for the Decommissioning of the Pickering Nuclear Generating Station; and, 3. That a copy of this resolution be forwarded to the Ontario Minister of Energy, all Durham Region Municipalities, all Durham Region MPPs and MPs and the Canadian Nuclear Safety Commission. Should you require further information, please do not hesitate to contact the undersigned at 905.420.4660 extension 2019. Yours truly, Susan Cassel Pickering Civic Complex I One N6Wkade I Pickering, Ontario L1V 6K7 T. 905.420.4611 1 F. 905.420.9685 1 Toll Free r866.683.2760 I clerks@pickering.ca I pickering.ca Decommissioning of the Pickering Nuclear Generating Station January 30, 2020 Page 2 of 2 City Clerk SC:rp Copy: Ryan Turnbull, Member of Parliament, Whitby Colin Carrie, Member of Parliament, Oshawa The Hon. Mark Holland, Member of Parliament, Ajax The Hon. Erin O'Toole, Member of Parliament, Durham Jennifer O'Connell, Member of Parliament, Pickering -Uxbridge Jamie Schmale, Member of Parliament, Haliburton-Kawartha Lakes -Brock The Hon. Peter Bethlenfalvy, Member of Provincial Parliament, Pickering —Uxbridge Lorne Coe, Member of Provincial Parliament, Whitby Jennifer K. French, Member of Provincial Parliament, Oshawa Lindsey Park, Member of Provincial Parliament, Durham The Hon. Rod Phillips, Member of Provincial Parliament, Ajax The Hon. Laurie Scott, Member of Provincial Parliament, Haliburton-Kawartha Lakes -Brock Rumina Velshi, President & CEO, Canadian Nuclear Safety Commission Ken Hartwick, President & CEO, Ontario Power Generation Ralph Walton, Regional Clerk, Regional Municipality of Durham Nicole Cooper, Clerk, Town of Ajax Becky Jamieson, Clerk, Township of Brock Anne Greentree, Municipal Clerk, Municipality of Clarington Mary Medeiros, City Clerk, City of Oshawa John Paul Newman, Director of Corporate Services/Clerk, Township of Scugog Debbie Leroux, Director of Legislative Services/Clerk, Township of Uxbridge Christopher Harris, Clerk, Town of Whitby Chief Administrative Officer Page 21 THE CORPORATION OF THE CITY OF SARNIA City Clerk's Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 71\12 s 519 332-0330 519 332-3995 (fax) 519 332-2664 (TTY) www.sarnia.ca clerks@sarnia.ca January 24, 2020 To: All Ontario Municipalities Re: Ontario Power Generation's Deep Geologic Repository Project At its meeting held on January 20, 2020, Sarnia City Council considered the attached motion submitted by Councillor Margaret Bird with respect to the proposed Deep Geological Repository Project and adopted the following resolution: That Sarnia City Council support the halting of the construction of the Deep Geological Repository, in the Bruce Peninsular, so that less dangerous solutions can be found for the longer storage of nuclear waste; and That Sarnia City Council instruct the Sarnia City Clerk to notify all 444 Ontario Municipalities, through AMO, by January 24th., 2020, of our objective; and That the Sarnia City Clerk send a copy of our resolution to the County of Lambton Clerk, along with all the County Councillors, asking for their endorsement. Sarnia City Council respectfully seeks your endorsement of this resolution. If your municipal council endorses this resolution, we would request that a copy of the resolution be forwarded to the following: Honourable Jonathan Wilkinson, Minister of the Environment and Climate Change ec. min istre-minister.ec@canada.ca; and City of Sarnia, City Clerk's Office clerks@sarnia.ca Page 22 Sincerely, Dianne Gould -Brown City Clerk Attachment: Motion submitted by Councillor Margaret Bird Page 23 MOTION I am asking for: a) An urgent resolution of Council to support the halting of the construction of the Deep Geological Repository, in the Bruce Peninsular, so that less dangerous solutions can be found for the longer storage of nuclear waste. b) To instruct the Sarnia City Clerk to notify all 444 Ontario Municipalities, through AMO, by January 24th., 2020, of our objective. b) For the Sarnia City Clerk to send a copy of our resolution to the County of Lambton Clerk, along with all the County Councillors, asking for their endorsement. If you have any questions, please do not hesitate to contact me. Many thanks. Kind Regards, Councillor Bird Page 24 THIS LETTER HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS February 5, 2020 Anne Greentree Clerk '_ - Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 The Regional Municipality of Dear Ms. Greentree: Durham RE: Durham Region Climate Change Emergency Declaration, Corporate Services Our File: C00 Department — Legislative Services Council of the Region of Durham, at its meeting held on January 29, 2020, 605 Rossland Rd. E. adopted the following recommendations of the Finance and Administration Level 1 Committee: P.O. Box 623 Whitby, ON L1N 6A3 "WHEREAS in 2009 Durham Regional Council unanimously Canada adopted the position that "Scientific evidence overwhelmingly supports the conclusion that human activities are fundamentally 905-668-7711 1-800-372-1102 altering the conditions for life on earth. Climate change and Fax: 905-668-9963 associated global warming is recognized as a severe threat to global systems with the potential for catastrophic outcomes"; and durham.ca WHEREAS in the more than ten years since adopting that position, greenhouse gas (GHG) emissions at the national and global level have continued to increase, such that the international community is on the brink of missing the opportunity to limit global warming to levels needed to maintain a climate system that is able to sustain human civilization; and WHEREAS communities in Durham Region are already experiencing the impacts of climate change, including but not limited to: flooding, emergence of invasive species, increased number of high heat days, and the rise of vector borne diseases. Future climate projections for Durham Region indicate that these impacts will become more intense and severe over the coming decades; and WHEREAS municipal governments have a crucial role to play in responding to the threat of climate change through policies, programs and capital investments that help reduce greenhouse gas emissions and build adaptive capacity to extreme weather events; and If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. Page 25 Page 2 of 3 WHEREAS Durham Region has developed community climate action plans - in partnership with local area municipalities and other key stakeholders - to guide the transition to a low carbon, climate resilient Region while realizing significant economic benefits including household cost savings and job creation; and WHEREAS Durham Region can join the Government of Canada and more than 400 Canadian municipalities (including several local area municipalities in Durham, the City of Toronto, and other Ontario upper -tier municipalities such as Peel Region, Halton Region, Waterloo Region, Essex County, and Prince Edward County) that have declared climate emergencies and are implementing programs to drastically reduce their communities' contributions to global carbon emissions; and WHEREAS the Durham Community Energy Plan articulated the opportunity for climate action to stimulate economic growth in the Region and create job opportunities in the emerging low -carbon economy; NOW THEREFORE BE IT RESOLVED: THAT the Regional Municipality of Durham declare a climate emergency for the purposes of naming, framing, and deepening our commitment to protecting our economy, our ecosystems and our communities from climate change; THAT in response to this emergency declaration, the need to reduce overall emissions from Durham Region, as well as to continue to prepare for Durham Region's future climate, are deemed to be high priorities when considering budget direction and in all decisions of Regional Council; THAT Region staff be directed to review current corporate plans related to climate change, and develop an overarching Corporate Climate Change Master Plan that: (1) establishes near -term (2025), mid-term (2030) and long-term (2050) Greenhouse Gas (GHG) emissions reduction targets for the municipal corporation that position the Region as a leader in the community -wide effort to reduce GHG emissions; (2) identifies near -term corporate climate action priorities for the next 5 years (2020-2025) and requirements to support implementation; and (3) identifies how climate change considerations will be embedded across all elements of Region business; Page 26 Page 3 of 3 THAT staff be directed to review the low carbon pathway in the recently approved Durham Community Energy Plan and: (1) establish near -term (2025) and mid-term (2030) community GHG emissions reduction targets; and (2) report on a near -term (2025) implementation plan, including concrete actions and resource implications (staff and financial), as well as necessary roles for various levels of government, individual residents, and the business community, to achieve stated GHG emissions reduction targets; THAT staff be directed to report back on a plan for the recently established Climate Change Mitigation and Environment Reserve Fund to meet identified corporate and community -facing implementation priorities; THAT environmental sustainability and climate change be recognized as a strategic priority in the Regional Strategic Plan, in the updated Regional Official Plan; and THAT staff be directed to work with senior levels of government to accelerate ambition and action to meet the urgency of climate change and provide resources for municipalities and the public to reduce emissions and build resiliency to climate impacts." 2atpl vWaWo-w Ralph Walton, Regional Clerk/Director of Legislative Services RW/ks c: E. Baxter-Trahair, Chief Administration Officer S. Austin, Director of Corporate Policy and Strategic Initiatives Page 27 MayorAdrian Foster Municipality of Clarington 40 Temperance Street Bowmanville Ontario L1C 3A6 Dear Adrian Re: Declaration of Climate Emergency 21 Westmoreland Avenue Oshawa, Ontario January21, 2019 jAN 4 NLOi 4.+ The Durham Roundtable on Climate Change has recommended that the Region of Durham declare a climate emergency that would provide a climate lens for all future decisions. This should be adopted and implemented. The urgent situation The UN Panel on Climate Change reported in 2018 that the world has up to 12 years to make a significant reduction in greenhouse gases to meet the Paris targets and avoid devastating impacts to the planet. Four of those years are in your term of Council and, now that we have reached 2020, there only 10 years remaining to significantly cut our carbon emissionst Let me review some recent research. - In October of 2018 The United Nations Intergovernmental Panel on Climate Change (IPCC) released its landmark Fifth Assessment report indicating that the urgent and significant changes are needed to keep global warming below the 1.5 degree threshold (the target set in the Paris Accord), beyond which impacts are significant and sustained making the world very different and very dangerous. It gave the world 12 years to take significant steps to reduce greenhouse gases towards pre -industrial levels. Even then and relying on new technologies that do not exist today, the chances of averting a climate catastrophe were not guaranteed. in November of 2018 The Fourth National Report on Climate Assessment of the USA Government concluded that the impacts of global climate change are already affecting the US, as clearly evidenced by the growing number of intense wildfire seasons, droughts, heat waves, and floods that the country has been experiencing, and that these impacts will only get worse in the future unless urgent action is taken to curb greenhouse gas emissions. In April 2019 Canada's Changing Climate Report 2019 noted that: • Canada as a whole is warming at double the rate of the world average and much higher in northern Canada. Oceans are warming and acidifying threatening the health of marine ecosystems. • The weather will include more extreme heat, less extreme cold, longer growing seasons, shorter snow and ice cover, earlier spring peak stream flow, thining glaciers, thawing permafrost and rising sea levels • In general there will be more precipitation but summers will be drier • Despite more precipitation in general, there will be less freshwater available in summers and potential water shortages Page 28 • There will be more extreme weather events and coastal flooding due to rising oceans • There are markedly different futures for Canada under the low and high emission scenarios. In November of 2019 11,000 scientists from 153 countries clearly warned humanity of any catastrophic threat and declared a "climate emergency" They stated "The climate crisis has arrived and is accelerating faster than many scientists expected. It is more severe than anticipated, threatening natural ecosystems and the fate of humanity. We suggest six critical and interrelated steps that governments and the rest of humanity can take to lessen the worst effects of climate change, covering 1) Energy, 2) Short-lived pollutants, 3) Nature, 4) Food, 5) Economy, and 6) Population.... We believe that prospects will be greatest if policy makers and the rest of humanity promptly respond to our warning and declaration of a climate emergency, and act to sustain life on planet Earth, our only home." In November 2019, scientists reported that we may have crossed some of the "tipping points" that create a cascade of events the exacerbate climate change even greater than anticipated. These tipping points include loss of sea ice, thawing permafrost, slowing of ocean currents, loss of forests, and rising ocean temperatures. Faster action is required Climate change is no longer a theoretical discussion, or even a matter for skeptical debate. We have had over 20 years to make the gradual changes needed to avert a crisis. We didn't! It is abundantly clear climate change is an existential crisis for future generations. This is why a number of municipalities are now declaring a climate emergency and setting a goal of net zero carbon emissions by 2050. The Region has made some impressive efforts to decarbonize its operations but much more must be done and sooner.. You now have the members of the Durham Roundtable on Climate Change, which includes members of the academic and business community, now urging you to declare a climate emergency. It cannot only be a symbolic statement. There may be disagreements on how to implement it, what projects should be prioritized but it must be named for what it is - an emergency! It is as urgent as any nuclear emergency. Please make the declaration and take the steps to implement it beginning with the 2020 budget. I thank you for your time and consideration David Crome Page 29 Good evening all, Just a quick email to share yesterday's flood forecast from the US Army Corps of Engineers. The 5% chance of hitting the same level of flooding that was forecast by the IJC does not align with what the USACE has just released. "The Corps urges those impacted by the high water levels of 2019 to prepare for similar or higher levels again in 2020. The most recent six-month forecast of Great Lakes water levels shows water levels continuing to be well above average and near record high levels over this period." https://www.Ire.usace.army.mil/DesktopModules/ArticleCS/Print.aspx?Portalld=69&Mod uleld=29374&Article=2076677&fbclid=lwAROEPxAHMjyhMiarlaZGECOMMTSAoiOZpo 8duXrwrfMZDNYWN9ZfpMI0wy0 Also, MP Derek Sloan has just sent the attached letter to PM Trudeau. MP O'Toole and MPP Parks, it would be very beneficial to see the same sort of asks coming from you both on behalf of your constituents. Clarington residents faced our first lake surge weather -event flooding in February of 2019, and then again in March, with the sustained flooding hitting in the peak of spring. I suspect this year, more than ever, we will be also battling fatigue and re-truamatization, impacting responders, volunteers and residents. If we hit 250 feet, it will be a completely different year. Continued aggressive outflow and revised / balanced F-limits would have a great impact on reducing these levels. https://fea021 d4-3a7c-4c19-8e41- 23a70725b287.usrfiles.com/uad/fea021 1 bae048932a94a0997ebb8d5e4872129. Chris, has CLOCA modeled what can be expected if we hit 250 ft + lake surge events this year? If not, would it be possible to do so? Sarah Delicate Director I Directrice 190 Somerset Street West - Suite 207 - Ottawa - Ontario - Canada K2P OJ4 www.bbmd.ca sarah.delicate(a-)_bbmd.ca C 905.922-9726 • F (877) 455-2263 Page 30 HOUSE OF COMMONS CHAMBRE DES COMMUNES CANADA '1 erek 03haw Member of Parliament Dear: Right Hon. Prime Minister, Hastings —Lennox and Addington Ottawa Feb. 6, 2020 As the Winter session begins in Parliament, I submit this correspondence with extreme concern about the potential for severe flooding events across my federal riding of Hastings -Lennox & Addington. I can tell you with great certainty that the level of anxiety across my community from Residents, Mayors and Councils is at an all-time high. In fact, many have already had their lives totally disrupted. One of the first events I officially attended as a Member of Parliament in relation to the historic high-water levels across Bay of Quinte/Lake Ontario was in November of 2019 at a town hall event in Trenton, where close to 2000 citizens were in attendance. Numerous MP's, MPPs, Mayors and others took these concerns forward to your office in addition to the IJC/International Lake Ontario St. Lawrence River Board {ILOSLRB} officials who control water flows along these vital waterways. In addition, the first speaking opportunity I was afforded in the House of Commons was dedicated to a Member's Statement on the issue of the dangerous high-water levels as well as concerns I have heard as the MP for Hastings -Lennox & Addington surrounding the IJC's "Plan 2014", a bilateral agreement you personally signed into effect with the outgoing Obama administration in January of 2016. Personally, I have met with hundreds of constituents on this issue, including many of my local Mayor's and councillors - who are seized with this topic as they struggle to prepare for severe flooding this spring with flooding already impacting the Bay of Quinte region. On January 24`h a special town hall with expert officials was held in the municipality of Greater Napanee, hosted by Mayor Marg Isbester who is also the Warden of Lennox & Addington County. Warden Isbester has provided leadership locally on this issue and has been helping me understand the impact from a municipal point of view. At this event, officials were heard directly from residents and I can inform you that the level of concern being brought forward is immense. This issue is also severely impacting Hastings County, led by Warden Rick Phillips, Reeve of the Township of Tyendinaga, and the Mohawks of the Bay of Quinte, led by Chief Don Maracle. As the Federal Member of Parliament for this region, it is incumbent upon me to ensure your Cabinet is aware of the serious impact facing many communities not just in my riding but across the entire Lake Ontario/BOQ region, should we see the expected catastrophic level of flooding now predicted by most informed experts monitoring the situation. Ottawa 6Donstituencp Ofrce Room 235,180 Wellington 81 C Millennium Parkway Ottawa, Ontario K1A aA6 Belleville, Ontario K8N 4Z5 Paa a 31 Derek.Sl n@parl.gc.ca I call upon you to immediately advise your cabinet officials across departments such as Public Safety, Transport, Environment and Climate Change Canada, Global Affairs Canada and Interprovincial Affairs to begin working with our Municipal, Provincial, and US Federal & State level partners to address this looming crisis before we enter the peak flood season of 2020. This includes emergency federal funding for preparing our residents and municipalities for the expected floodwaters. Given that this will impact hundreds of thousands of residents on both sides of the border and potentially cause billions of dollars in property damage across the region, I expect your government to give this matter your immediate and full attention. I would also advise that your officials review the ongoing mandate of the IJC/ILOSLRB to examine the ongoing impacts of Plan 2014 inn -a much more expedient manner than is currently happening. Many citizens are of the view that without urgent alterations to the plan in question, that Ontario and New York will continue to be disproportionately damaged by the current flow policies in place. Given the bilateral nature of the agreement in question, it is necessary for your current government to act as you are being called upon to do by so many stakeholders from across municipal, provincial and federal government. Furthermore, given the magnitude of events before us, I have taken the liberty of copying my municipal, provincial and federal colleagues from across the region on this correspondence to you so that they may join me in calling for immediate, urgent Federal assistance. Once again, I urge your office to give this issue the attention it rightly deserves, and to heed the calls for intervention that are coming from residents, elected officials, and everyone else impacted by the high-water levels across the area in question. Sincerely, 4/1 /alr_ MP Derek Sloan Hastings -Lennox & Addington CC: Mohawks of the Bay of Quinte, Chief Don Maracle Lennox & Addington County Warden/Mayor ofNapanee Marg Isbester (and Council) Hastings County Warden & Reeve of Tyendinaga Rick Phillips (and Council) Mayor of Belleville, Mitch Panciuk Mayor of Loyalist Township, Ric Bresee Mayor of Deseronto, Dan Johnston MPP Daryl Kramp Members of Parliament: Ridings of Bay of Quinte, Quinte West, Kingston & the Islands, Lanark Frontenac Kingston & Northumberland Peterborough South Federal Ministers of Public Safety, Transport, Environment and Climate Change Canada, Global Affairs Canada and Interprovincial Affairs Page 32 CLARINGTON HONOURS OUR VETERANS Mr. Mayor and Members of Council, Royal Canadian Legion, Branch 178 109 King Street East, Bowmanville, Ontario, L1C 2J6 February 3, 2020 Thank you for allowing us to present to you our Clarington Honours Our Veterans banner program which was launched in 2019. Seventeen banners were installed in the historic Bowmanville business area as well as three banners at the Bowmanville Cenotaph. These banners were on display from mid -October until Remembrance Day. We received many positive comments from people including veterans from World War Two. Letters of appreciation accompany this request. With the initial success of our banner display, we contemplate an expansion of the program in 2020. At present, we are receiving numerous requests from other residents to purchase banners across Clarington. We would like to move forward with the next phase of adding up to 30 banners this year. They would be displayed in other communities in highly visible areas like the Business Improvement areas. We know from other communities that the program has been very successful and we hope to have 200 banners in Clarington one day recognizing our military heroes. Clarington has been a leader in recognizing our war veterans with the Support the Troops banners, the Guinea Pig Club in recognition of Dr. Tilley, Mabel Bruce at Memorial Hospital, Rotary Park dedication to the Colville brothers, the LAV monument and the registry of all Clarington residents who have served in times of war. Further, we will actively engage with your Communications and Tourism staff to populate a proposed veteran's section on the municipal website. Presently our challenge is to purchase pole hardware, brackets and strapping. This cost is estimated at $6,500. The banners cost $200.00 which includes production, erection, storage and cleaning for two years, thus far picked up by sponsorship fees. On behalf of the committee, i am requesting that the Municipality sponsor the brackets and strapping as required. The brackets would be available for municipal purposes other than the 6 weeks around November 11 and under the care of the Operations Department. Locations would be approved by the Municipality. Thank you in advance for your support and I am available to answer any questions that you have. Yours truly, Douglas 8. MacCheyne RCL Branch 178 Banner Committee Page 33 LEST WE FORGET Robert E. (Al) Adams First World War • Un. Army Honoured by <: ,• The Adams Family w^! i1 _ Y,• I �r, _ ��� L xk n+" 4 I+■ s 1��Ae� Clarington If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 June 12, 2019 Doug MacCheyne Via E-mail: dbbigbro@cimail.com Dear Mr. MacCheyne: Re. Heroes Banners File Number: PG.25.06 At a meeting held on June 10, 2019, the Council of the Municipality of Clarington passed the following Resolution #C-214-19: That the delegation of Doug MacCheyne, regarding Heroes Banners, be referred to the 2020 Budget deliberation. Accordingly, the Director of Finance/Treasurer has been copied on this correspondence to place your request before Council during the 2020 Budget deliberation. Yo rs truly, June Gallagher, B.A. Deputy Clerk JGllp Encl. C. T. Pinn, Director of Finance/Treasurer Page 35 7o: Mr. Alan Haward President Royal Canadian Legion Branch 178 109 King St. E. Bowmanville, ON L1C 2J6 Re: Veterans' Banner Program Dear Alan, December 2, 2019 I first became aware of these types of programs when i saw banners displayed in Port Perry a few years ago. At that time, I mention this to Branch 178 personnel. It has taken awhile, but now a local program has become a reality thanks to the efforts of the Banner Committee of Branch 178. I immediately indicated I would sponsor a banner to honour my mother's brother. I am glad that this has happened because the memory of these gallant men and their deeds must never be forgotten. In fact, this is the reason for the Royal Canadian Legion and what we all believe. Yours in Comradeship, 4�� e C--� Gary Cole Member Royal Canadian Legion Branch 178 Page 36 December 4, 2019 Alan Haward President RCL Branch 178 109 King St. E. Bowmanville, ON L1C 2.16 Re: S. Mel C. Burgess Good afternoon, I just wanted to express our deepest gratitute for putting up our fathers' banner this year. It was such an honour for his children, grand children and great grand children, who still live in this area, to be able to go downtown and see his banner hanging. Our fathers' younger brother still lives in Bowmavnille and we were able to take him up to see the banner and share some stories of when they were young, before our father went to war at the age of 17. These were stories we had never heard before but the banner sparked these memories. Our father passed away 2 years ago at the age of 92, so he was one of the fortunate ones to live a very long life after World War 2. Our brother came back from British Columbia to march in the parade and lay a wreath in our fathers honour and for that we are very gratefull. I am sure these banners bring back memories for a lot of families and it is such an honour to see our vetran's celebrated each year in this manner. I would also like to thank Doug MacCheyne for all his help in making this happen for our family. Thank you Kim Allen & Karen McFeeters & Scott Burgess Children Page 37 Dear Alan: I would like to take the time to thank you, and the Banner Committee for the excellent work that you did with the Veterans Banners. My father, (William Colville), was on one of the banners, and it was very well presented. He was aware that the project was underway, and had his strong support, but unfortunately, passed away before the banners were put into place. It was very emotional and a proud moment for myself and other relatives to see him honoured when the banners were put up. I would also like to extend my gratitude and thanks to the Right Honourable Erin O'Toole, M.P., for sponsoring my father's banner. It was very much an honour. I would like to also thank the Rotary Club for sponsoring the Colville brothers, (William, Alex, and John, (Sandy), R.C.A.F., whom were my father's cousins. I was inspired to also sponsor two other banners as well. I sponsored the banner of Alick J. Lyle, who was my Great Uncle. He was with the ig'h Battalion, Canadian Second Division, C.E.F. in World War One. He saw action in nearly every major battle during the war, and was a survivor for sure. He was also a Past President of the Legion, (1936), and he attended the dedication ceremony of the Vimy Ridge memorial that same year. The second banner I sponsored was that of Lorne Edgar Yeo, (R.C.A.F.), who was also a Great Uncle. Lorne sadly, lost his life on the same air raid over Stuttgart, Germany, as Alex Colville, and another Bowmanville resident, Ken Cole. Again, my heartfelt thanks to you and your committee. Hope to see others inspired to remember the veterans of their families, and even more banners next year. John A. Colville Page 38 Town of Whitby 575 Rossland Road East Whitby, ON L1 N 2M8 905.430.4300 wh itby. ca February 5, 2020 Re: Expanded Paid Parking at GO Commuter Rail Stations WhitVd b Please be advised that at a meeting held on February 3, 2020, the Council of the Town of Whitby adopted the following as Resolution # 15-20: Whereas the proposed parking modernization program being considered by Metrolinx is expected to result in an increase in paid parking spaces in Metrolinx parking lots near GO Commuter Rail Stations; Whereas the conversion of free parking spaces to paid parking spaces in Metrolinx parking lots may result in commuters choosing to drive to work for financial reasons, rather than taking public transit, thereby increasing the number of vehicles on Greater Toronto Area highways; Whereas the implementation of additional -paid parking spaces may result in impacts to surrounding communities due to motorists seeking out free parking, which could result in an increase to on -street parking and parking in nearby public and private parking lots; and, Whereas the Town has worked collaboratively with Metrolinx for shared parking arrangements near the Whitby GO Station, and any decision to implement paid parking spaces in Metrolinx parking lots will impact the availability of parking spaces at the Iroquois Park Sports Centre. Now Therefore be it Resolved: 1. That Staff be directed to engage with Metrolinx about their proposed parking modernization program; 2. That the Council of the Town of Whitby can only support the expansion of paid parking at the Whitby GO Station subject to Metrolinx undertaking consultation with the Town and the community, and an understanding of the impacts these changes will have, including financial impacts, on local GO Transit ridership; and, Page 39 Town of Whitby 575 Rossland Road East Whitby, ON L1 N 2M8 905.430.4300 whitby.ca Whitby 3. That the Clerk be directed to forward a copy of this resolution to Durham Area Municipalities, M.P.P. Lorne Coe, the Hon. Caroline Mulroney, and Metrolinx. Should you require furthernformation, please do not hesitate to contact the Public Works Department at 90 .430.4307. Kevin Narraway Manager of Legislative Services/Deputy Clerk Copy: S. Beale, Commissioner of Public Works — sbeale(a)-whitby.ca Lorne Coe, M.P.P. - lorne.coe(a)pc.ola.orq Honourable Caroline Mulroney, Minister of Transportation - caroline.mulroney(�pc.ola.orq Metrolinx - CEOPmetrolinx.com N. Cooper, Director of Legislative and Information services, Town of Ajax — B. Jamieson, Township of Brock - biamiesonptownshipofbrock.ca A. Greentree, Municipal Clerk, Municipality of Clarington - clerks(aD-clarington.net M. Medeiros, City Clerk, City of Oshawa - mmedeiros(Doshawa.ca S. Cassel, City Clerk, City of Pickering — clerks appickerinq.ca J. Newman, Municipal Clerk, Township of Scugog - jnewman a(�scugoq.ca D. Leroux, Clerk, Township of Uxbridge - dleroux(Dtown.uxbridge. on. ca Page 40 RAINY RIVER DISTRICT MUNICIPAL ASSOCIATION Fort Frances OFFICE OF THE SECRETARY -TREASURER Rainy River Atikokan P.O. BOX 4 Dawson Alberton BARWICK, ONTARIO Lake of the Woods La Vallee POW I AO Morley Emo Chapple Phone: (807) 487-2354 Email: chapple@tbayte1.net January 28, 2020 Premier of Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 Dear Honourable Doug Ford, Premier: Re: Resolution to Address Fair and Equitable Property Taxation Reveo= on Railway Riaht-of-Ways Collected by Municipalities in Ontario At the recent meeting of the Rainy River District Municipal Association on Saturday, January 25, 2020, the following resolution was approved: "WHEREAS in 2018 the Province of Ontario adjusted the tax rate for acreage for railway right -a -ways throughout Ontario which specifically impacted Rainy River, Kenos and Thunder Bay districts in a positive fashion; and WHEREAS in other provinces and jurisdictions the railway companies remit a more equitable share of taxes to their local tax base by using a per tonne -mile concept; and WHEREAS rail traffic continues to increase and the train length has more than doubled, which results in rail traffic congestion, increased wait times, noise pollution and unknown environmental concerns; and WHEREAS the Province of Ontario should review fees based on inflation and current conditions on an annual basis to ensure that Ontario does not continue to fall further behind in their approach to railway property taxation; and WHEREAS fair and equitable taxation revenue on railway property will reduce the financial pressure on the Province to provide financial support to municipalities going forward; Page 41 THEREFORE BE IT RESOLVED THAT the Rainy River District Municipal Association call upon the Minister of Finance of the Province of Ontario to undertake ongoing consideration of municipal taxation for railroad right-of-way properties based on a per tonne -mile concept; and FURTHER BE IT RESOLVED THAT the Rainy River District Municipal Association send this resolution to every Municipal Council within the Province of Ontario seeking their support, the Premier of Ontario, the Minister of Finance of Ontario, Local MPPs, Local MPs, NOMA, ROMA AND AMO." Thank you for your time and consideration. Sincerely, 6 Peggy ]ot"I__ son, Secretary Treasurer Rainy River District Municipal Association c.c. (via email) Hon. Rod Phillips, Minister of Finance Hon. G. Rickford, Minister of Energy, Northern Development and Mines, Minister of Indigenous Affairs Marcus Powlowski, MP Thunder Bay -Rainy River NOMA AMO ROMA Page 42 Clarington 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: General Government Committee Date of Meeting: February 18, 2020 Report Number: EGD-001-20 Submitted By: Ron Albright, Acting Director of Engineering Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: Resolution#: Report Subject: Building Activity Update January 1 to December 31, 2019 Recommendation: 1. That Report EGD-001-20 be received for information. Page 43 Municipality of Clarington Report EGD-001-20 Report Overview Page 2 This report provides an update on the building permit activity for 2019, January 1 to December 31, and reports on the Building Division's compliance with the Ontario Building Code mandated time frames for issuance of building permits. 1. Introduction 1.1 The building permit activity report presents market activity statistics that are intended to provide a clear picture of the development activity within Clarington during the period from January 1 st to December 31 st, 2019 and will be analyzed against the same period one year ago. We will then compare the current statistics against a five-year average. The Municipality of Clarington experienced record setting years in 2017 and 2018. Due to market pressures and available development product, 2019 saw a dramatic decrease in construction within the residential, industrial, and institutional sectors. 2. Concepts & Definitions 2.1 "Complete Building Permit Application" — is a building permit application that meets the requirements of the Ontario Building Code which include, plans, specifications, documentation and fees, which are in compliance with all applicable law. 2.2 "Permit" — is formal permission to begin the construction, demolition, addition, or renovation. As part of the building permit process, Municipality of Clarington staff must review the plans and documents submitted to ensure they comply with the Ontario Building Code, local Zoning By-laws, and all other Applicable Law. 2.3 "Residential" — refers to construction and permit activity resulting from the creation of all new residential dwelling units as well as accessory structures (detached garages, sheds, etc.), and additions (decks, new additions to a home, etc.). 2.4 "Non-residential" — refers to construction and permit activity that is related to non- residential development such as site servicing, industrial, commercial, and agricultural. 2.5 "Total Construction Value" — refers to the total dollar value of construction activity within a defined period because it is a measure of economic activity as a whole. 2.6 "Total Construction Value Residential" — provides a specific measure of the dollar value of construction within the residential sector and is important because it indicates such things as population growth and more. Page 44 Municipality of Clarington Report EGD-001-20 Page 3 2.7 "Total Construction Value Non-residential" — provides a specific measure of the dollar value of construction within the non-residential sector and is an indicator of business development within Clarington. 3. Total Construction Value & Activity 3.1 The following is a table showing the number of permits issued and the value of construction in each of the building categories for the period, January 1 to December 31 in 2019 and 2018. Building Category Number Of Permits 2019 Value Of Construction 2019 Number Of Permits 2018 Value Of Construction 2018 % Change Of Value 2019- 2018 Residential 535 $89,709,141 1,139 $343,854,947 -73.9% Industrial 26 $14,691,070 33 $52,365,162 -71.9% Government 5 $1,973,324 8 $280,000 604.8% Commercial 54 $15,054,669 66 $13,875,152 8.5% Institutional 13 $2,801,850 20 $7,892,500 -64.5% Agricultural 15 $5,457,000 42 $4,421,200 23.4% Demolition 39 $0 42 $0 RP N/A Total 687 $129,687,054 1,350 $422,688,961 -69.3% Page 45 Municipality of Clarington Report EGD-001-20 Page 4 3.2 The following graph illustrates the January 1 to December 31 building permit comparison for the last five years. Five Year Total Construction Value Comparison 2015-2018 $500,000,000 $400,000,000 $300,000,000 $200,000,000 $100,000,000 $0 2015 2016 2017 2018 2015 2016 2017 2018 Value $361,916,036 $341,373,503 $379,537,195 $422,636,361 4. Total Construction Value & Activity Residential 2019 2019 $129,687,054 4.1 The following pie chart showing the types of dwelling units issued between January 1 and December 31, 2019 as well as the types of dwelling units issued in the year to date 2018. Dwelling Unit Type 2019 Apartment Single 98 Detached 35% 77 27% Semi- Townhouse_,-- Detached 103 6 36% 2% Single Detached 77 ■ Semi -Detached 6 Townhouse 103 ■ Apartment 98 Dwelling Unit Type 2018 Single Detached Apartment 681 28 4% Semi- Townhouse__—­— Detached 154 76 19% 9% Single Detached 551 ■ Semi -Detached 76 Townhouse 154 ■ Apartment 28 Page 46 Municipality of Clarington Report EGD-001-20 Page 5 4.2 The following is a table showing the number of new residential units issued in each area of Clarington for January 1 to December 31, 2019. We have compared those totals to the year-end totals for each of the past eight years. Area Year: 2019 2018 2017 2016 2015 2014 2013 2012 2011 Bowmanville 184 724 589 521 461 419 216 291 360 Courtice 12 14 112 294 290 153 97 179 312 Newcastle 67 42 227 149 154 51 92 34 165 Wilmot Creek 0 0 0 0 0 4 2 2 5 Orono 1 1 0 0 0 0 1 1 1 Darlington 10 11 13 7 8 9 12 6 5 Clarke 6 6 11 15 11 12 6 10 8 Burketon 0 0 0 0 0 1 1 0 0 Enfield 0 0 0 0 0 0 0 0 0 Enniskillen 4 4 15 2 0 1 2 3 0 Hampton 1 0 2 1 2 2 0 1 1 Haydon 0 0 0 0 0 1 0 0 0 Kendal 1 0 0 0 1 0 0 0 0 Kirby 0 0 0 0 1 0 1 0 0 Leskard 0 0 0 0 0 0 0 0 0 Maple Grove 0 0 0 0 0 0 0 0 0 Mitchell 0 0 2 0 0 0 1 1 1 Newtonville 3 5 0 3 3 3 7 6 3 Solina 0 2 2 3 0 0 1 3 1 Tyrone 0 1 0 0 0 0 0 0 1 Total 289 810 973 995 931 656 439 537 863 Page 47 Municipality of Clarington Report EGD-001-20 5. High Value Construction Activity Page 6 5.1 A measure of economic activity within Clarington may be found in part by looking at the non-residential space, such as industrial, commercial, and institutional as well as large multi -unit residential developments such as apartment buildings or condominiums. Although the Municipality experienced a decrease in activity in the residential, industrial and institutional sectors there were still several projects exceeding $1,000,000 in construction value. Information about these permits is provided as follows: Owner Location Description Value ($) Type Newcastle 65 Shipway Avenue, Condominium $8,779,815 Residential Marina Villa Newcastle Building (65 Ltd. Units) 2500030 11 Spicer Square, Car Dealership $3,991,012 Commercial Ontario Inc. Bowmanville (Hyundai) Newcastle 65 Shipway Avenue, Parking Garage Industrial $3,175,200 Marina Villa Newcastle Ltd IL 1 Coi urtice 1405 Bloor Street, 2 Storey Retail $2,896,149 Commercial Development Courtice and Office Group Inc. Building Pentaco 1535 Green Road, Site Servicing $2,500,000 Residential Holdings Bowmanville Ltd./Kaitlin Corp. Algoma 201 Regional Road Additions to Cold $2,500,000 Agricultural Orchards Ltd. 42, Clarke Storage & Packing Facility Goldmanco 2805 Trulls Road, Site Servicing $2,100,000 Industrial Inc. (1728589 Courtice On Inc. Municipality of Clarington Page 7 Report EGD-001-20 Almet Farms 2575 Concession Barn $1,700,000 Agricultural Ltd. Road 7, Darlington Toyota 1050 Lambs Road, Shelf & Racking $1,500,000 Industrial Canada Inc. Bowmanville 2649328 330 Lake Road, Assembly Shell $1,439,460 Commercial Ontario Inc. Bowmanville Building with Industrial Portion (Joey's World) Regional 1998 Bowmanville Hazardous Waste $1,300,000 Industrial Municipality of Avenue, Depot & Office Durham I Bowmanville Kawartha Pine 1717 Nash Road, Interior $1,200,000 Institutional Ridge District Courtice Renovations School Board (Manufacturing, Carpentry Shops & Science Valiant Rental 1565 Green Road, Tim Horton's $1,100,000 Commercial Inc. Bowmanville Restaurant Ontario Power 2151 Energy Drive, Transport & Work $1,000,000 Industrial Generation Darlington Equipment Storage (Building 517) Ontario Power 2151 Energy Drive, Salt & Sand $1,000,000 Industrial Generation Darlington Storage (Building 518) Ontario Power 2151 Energy Drive, HVAC Upgrade $1,000,000 Industrial Generation Darlington Page 49 Municipality of Clarington Report EGD-001-20 6. Inspection Activity Page 8 6.1 The following is a table showing the number of inspections attended from January 1 to December 31, 2019 as well the same time period in 2018. Type of Inspection Completed 2019 2018 Buildinq Inspections 7,913 10,759 Plumbing and Heating 7,993 9,622 Pool Enclosure Inspections 129 180 Total 16,035 20,561 7. Mandated Response Timeframes 7.1 The Ontario Building Code mandates that complete building permit applications shall be issued, or the applicant shall be notified that the permit is being refused and provided with the reasons why it is refused within a prescribed time period based on the type of building. From January 1 to December 31, 935 permit applications were received and 469, or 50% of them were complete applications. For the complete applications, the following table reports on the median number of days it took for the Building Division to either issue the permit or notify the applicant why the application was being refused. Permit Type Mandated Median Number of Median Number Timeframe Days 2019 of Days 2018 Residential 10 8 9 Small Buildings 15 11 11.5 Large Buildings 20 17 13 Complex Buildinas 1 30 0 8 This information is also submitted to the Ministry of Municipality Affairs and Housing as part of the Financial Information Return. 8. Insights and Outlook 8.1 We anticipate construction activity across all sectors to grow during 2020 compared to 2019. As some of the 10 ongoing secondary plans are completed and necessary servicing extended, additional lands will be available to assist with this anticipated growth. 9. Concurrence Not Applicable. Page 50 Municipality of Clarington Report EGD-001-20 10. Conclusion Page 9 It is respectfully recommended that report EGD-001-20 be received for information. Staff Contact: Brent Rice, Chief Building Official, 905-623-3379 extension 2303 or brice@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 51 Clarington 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: General Government Committee Date of Meeting: February 18, 2020 Report Number: EGD-002-20 Submitted By: Ron Albright, Acting Director of Engineering Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: D.01.27.003 By-law Number: Report Subject: Hancock Road Servicing, Courtice, Plan SPA-2003-0033 'Certificate of Acceptance' and 'Assumption By -Law', Final Works Including Roads and Other Related Works Recommendations: 1. That Report EGD-002-20 be received; 2. That the Acting Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related works constructed within Plan SPA 2006-0033; 3. That Council approve the by-law attached to Report EGD-002-20 assuming certain streets within Plan SPA 2006-0033 as public highways; and 4. That all interested parties listed in Report EGD-002-20 be advised of Council's decision. Page 52 Municipality of Clarington Report EGD-002-20 Report Overview Page 2 This report concerns Hancock Road Servicing. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by-law to assume certain streets within Plan SPA 2006-0033 as public highways. 1. Background The Servicing Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Servicing Agreement registered October 16, 2006 with Miller Paving Limited and Miller Waste Systems by plan of servicing, located in Courtice and described as Plan SPA 2006-0033 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, curb and gutter, street trees, a storm drainage system and streetlights, hereinafter referred to as the `Works'. The Servicing Agreement provides for: 1.2 Initial Works These works were issued a `Certificate of Completion' and a subsequent `Certificate of Acceptance' by the Director of Engineering Services. 1.3 Street Lighting System Not applicable 1.4 Stormwater Management System Not Applicable 1.5 Final Works These works, which include all surface works such as curb and gutter, hot mix paving, boulevard works and street trees, were issued a `Certificate of Completion' dated May 3, 2016. This initiated a one (1) year maintenance period, which expired on May 3, 2017. The Works were re -inspected at the time, and although the developer experienced delays in completing repairs, all deficiencies have now been rectified to the satisfaction of the Acting Director of Engineering Services. 2. Proposal 2.1 It is now appropriate to issue a `Certificate of Acceptance' for the Final Works. The Servicing Agreement requires Council approval prior to the issuance of the `Certificate of Acceptance' for the Final Works. Page 53 Municipality of Clarington Report EGD-002-20 Page 3 2.2 Further to the issuance of a `Certificate of Acceptance', a by-law is required to permit the Municipality to assume certain streets within Plan SPA 2006-0033 as public highways (Attachment 2). 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works constructed within Plan SPA 2006-0033, and that Council approve the by-law attached to Report EGD-002-20 assuming certain streets within Plan SPA 2006-0033 as public highways. Staff Contact: Tony Ricciardi, Manager of Construction, 905-623-3379 Ext. 2322 or tricciardi@clarington.net Attachments: Attachment 1 — Key Map Attachment 2 — Draft By -Law to Report EGD-002-20 The following interested parties will be notified of Council's decision: Tom Jones, Miller Paving Ltd. Page 54 I iOR i4 M Attachment 1 to Report EGD-002-20 Knr2VE w WE BEARINGS ARE ASTRONCIN11C AND ME REFERRED TO THE WESTERLY LIMIT OF THE ROAD ALLOWANCE BETWEEN LOTS 28 AND 27 AS SHOWN ON ON PLAN IOR-igOl, HAVING A SEARING OF N1773'W'W, SP 9 fi. z 0 LEGM DENOTES SURVEY MONUMENT FOUND I"11ON 1 SURVEY MONUMENT SET 0 SIB DENOTES STANDARD IRM BAR SSB DENOTES SHORT STANDARD IBM BAR DENOTES IRON BAR 18 SO DENOTES ROUND IRON BAR WIT DENOTES WITNESS P DENOTES PLAN IM-1901 0 Pi DENOTES PLAN IOR-1202 DENOTES PLAN IOR-3757 I Lij 0 P3 DE OMS PLAN IM-19276 L P4 DENOTE�IUWPELAN 1B.OF IU I 1�1.1.DBROWN. 197�:r FILE 7 P5 DATED 65 PLAN 40 PSOTE DENOTES PLAN 17-0034A) LY) 1005 DENOTES DONEVM NT FLIDSONMANN �L 0 L.S. DFP DENOTES DONEVAN FILEISCJ�IMANN PECO, HMLTb, O.L.S. DE"ES 1 1504 GDL040"ZIOfLf LTD.. O.LS.15,0DENOTESPw POST AND WIRE FENCE SIR, DENOTES SNAKE RAIL FENCE A SURVEY MONUMENTS SET ME IRON BARS 2 UNLESS INDIC-0 OTHERWISE N72'37'W'E I W .117 a: 2— RJRVEYMIS cmw"TE H 0 1 CERTIFY THAT: 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE M� THE SURVEYS THE SURVEYORS ACT WE LAND TITLES ACT AND TINE REGULATIONS MADE UNDER 2. THE SURVEY WAS COMPLETED ON THE 21.t DAY OF AUGUST, 20M. \PAR WI T—I pw HWs40E PART 11 PsiIT .A I T 'C' PART 10 - ART 1. CART IL F PLAN 40R-1431 :L�401-1431 P.LN. N _ ___. — 26607-0061 AUGUST 21, 2ODS PART 'S 9 Q.OSED BY . .• DATE LAN 1. BY-LAW N.. INST. No. 1A., NU A FART R4 L 1 'LA 4111- 4 PART =1 AW ATIP-11. 2 'A :19278 N 2 W63 00 0 LA .2 Z 0 R Baseline Rd. DRAWN BY: E. L. DATE: February 4, 2020 HighWaY 401 REPORT EGD-002-20 ATTACHMENT No. 1 FILE NAME: COURTICE Energy Dr. Pa 55KEY MAP Hancock Road Servicing Agreement.mxd J:\Engineering\Attachments\Attachments Post ESRI Upgrade\Hancock Road Servicing Agreement 2.mxd Municipality of Clarington Attachment 2 to Report EGD-002-20 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2020 - Being a By-law to assume certain streets and lanes within the Municipality of Clarington as public highways in the Municipality of Clarington. The Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the streets, lanes and block shown on Plan SPA 2006-0033, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Hancock Road Part 1 on 40R-19278 Part 11 on 40R-24458 Part 2 on 40R-19278 BY-LAW passed in open session this t" day of Adrian Foster, Mayor Kowel C. Anne Greentree, Municipal Clerk Page 56 Clarington 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: General Government Committee Date of Meeting: February 18, 2020 Report Number: EGD-003-20 Submitted By: Ron Albright, Acting Director of Engineering Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: PA. FarewelICreekTraiIPhase 2.01 By-law Number: Report Subject: Farewell Creek Trail Phase 2 Ecological Gifts Program Update Recommendations: 1. That Report EGD-003-20 be received; 2. That staff be authorized to submit a formal request to Environment Canada to proceed with the unauthorized change in use, as defined by the Income Tax Act, of building Phase 2 of the Farewell Creek Trail; 3. That the tax levied by the Federal Government (estimated to be $22,500) for and unauthorized change in use as defined in Section 207.31 (a) (ii) representing 50% of the fair market value of the ecological gift lands at the time of the unauthorized use (2020) be funded from the 2019 Capital account 110-32-325-83288-7401, Farewell Creek Trail, Phase 2; and 4. That additional funding for the Council recommended trail route, as per Resolution #C-204-19, through these ecological lands be considered for approval as part of the 2020 Budget. Page 57 Municipality of Clarington Report EGD-003-20 Report Overview Page 2 During the Fall of 2019, Engineering Services was informed that the lands at the most western part of Phase 2 of Farewell Creek Trail were part of the Federal Government's Ecological Gift program as defined in the Income Tax Act. As staff reviewed the terms associated with the Ecological Gift lands, it became apparent that Clarington would have to consult with the Canadian Government through Environment Canada to determine if the construction of a recreational trail would be a permitted use within these lands. We have received an informal response from Environment Canada that it would not be a permitted use. This report is prepared to seek approval from Council to make a formal application to Environment Canada to permit an unauthorized use, being trail construction, and request funding for the applicable tax levied by Canada from the 2019 Capital Budget approved for Farewell Creek Trail, Phase 2. 1. Background Ecological Gift Lands 1.1 During the fall of 2019 while considering the award of geotechnical services consulting for slope stability investigation, analysis and report of Farewell Creek Trail Phase 2, the Planning Department advised Engineering Services that the most western lands on which the trail was proposed were part of a 2001 Ecological Gift. Attachment 1 shows the location of the subject lands and the limits of Phase 2 of our proposed trail. These lands were donated to the Municipality of Clarington by the developer of the adjacent subdivision lands and are subject to the recipient responsibilities as defined by the Canadian Ecological Gifts Program as per the Income Tax Act. Additional information regarding the Ecological Gift Program can be found at the following Government of Canada link: Ecological Gift Program Handbook. 1.2 In December 2019, Engineering staff reached out to Environment Canada to determine if the construction of the trail would be a permitted use on the Ecological Gift lands. Environment Canada has reviewed our request and are in the process of preparing a recommendation to their Regional Director to deny our request. The main reasons include: the removal of vegetation; impervious asphalt surface; and that the trail could simply avoid the ecological gift lands by taking a different route. Although a consideration, the exact location of the trail through the lands was not as concerning as the imperviousness of the surface and the removal of vegetation. Environment Canada will be sending Engineering Services a letter informing us of the Regional Director's decision. 1.3 While Environment Canada staff does not consider the Trail construction consistent with the intended use under the Ecological Gift Program, Clarington has the option to move Page 58 Municipality of Clarington Report EGD-003-20 Page 3 forward with construction. This would require Clarington to send a letter of intent to go ahead with an unauthorized change in use and confirm that we are willing to accept the federal tax associated with the request. Once they receive our request, Environment Canada would arrange for an appraisal of the property to determine the federal tax amount Clarington would pay, which would be equal to 50% of the fair market value at time of change in land use, i.e., 2020. A summary of this process and disposition and change in use are outlined in Attachment 2: Disposition or Change in Use of Ecological Gifts - Fact Sheet. It is important to note that if Clarington chooses this option, it would jeopardize our ability to receive Ecological Gifts in the future, however, considering the restrictions these gifts put on our ability to alter the land, it would be recommended that the Municipality does not accept Ecological Gifts in the future. 1.4 Although Environment Canada would have to undertake the appraisal to ascertain the value of the land and the amount we would be taxed, based on our past experience with these types of undevelopable valley lands, a rough cost of $5,000 per acre can be used to estimate the land value. This would amount to a total estimated property value of $45,000 based on the 9.0 acre parcel size. The federal tax associated with property value would be estimated at $22,500. 1.5 Should Clarington choose this option, going through the process and paying the tax will not change the status of the property as an Ecological Gift, it will simply allow us to make a payment in order to build our trail. If Clarington wishes to change the use again in the future (e.g., to construct another trail), we would be subject to the tax again. 2. Discussion Next Steps 2.1 Considering the importance of this trail connection and the funding that we have received for its construction through the Ontario Municipal Commuter Cycling program, it is recommended that staff be authorized to send Environment Canada a letter of intent to request an unauthorized change in use to allow staff to move forward with detailed design, tendering and construction of Phase 2 of the Farewell Creek Trail. 2.2 Funding for the federal tax that would be required to permit the trail construction on the Ecological Gift lands can be provided from the approved 2019 capital budget for Phase 2 of the Farewell Creek Trail, Account #110-32-325-83288-7401. 2.3 Now that Clarington has informally heard back from Environment Canada regarding the Ecological Gift lands, and provided Council is in support of the recommendations to move forward with the necessary steps to have Phase 2 of the Farewell Creek constructed, it is recommended that Council consider report EGD-018-19 and lift it from the table (tabled as per resolution #C-448-19). Page 59 Municipality of Clarington Report EGD-003-20 Additional Budget Request Page 4 2.4 At the May 21, 2019 Council meeting, Resolution #C-204-19 was passed by Council stating: That Staff be directed to site the ending of the Farewell Trail in the ravine north of Pinedale Blvd. but south of the original route such, that it remains above the top of bank for the creek, and south of the drainage manhole; and That any additional cost be funded at the discretion of the Director of Finance. The cost of this Council recommended route is expected to be approximately $450,000 more than the initial staff recommended route, increasing the total trail cost from the original budgeted amount of $1,100,000 to approximately $1,550,000. It is recommended that the estimated additional $450,000 of funding be considered for approval as part of the 2020 capital budget in order that staff move forward with the design. The delay in completing this project has the potential to jeopardize funding which Clarington has been granted through the Provinces Ontario Municipal Commuter Cycling (OMCC) program. The deadline to have funded works substantially completed is December 30, 2020. 2.5 As part of the 2020 capital budget additional funding for Council's recommended route, staff recommend the following apportionments for the additional estimated costs: $196,000 $118,900 $95,490 $29,000 $10,610 $450,000 3. Concurrence Tax Levy Ontario Municipal Commuter Cycling Program Development Charges — Parks Federal Gas Tax Reserve Municipal Capital Works Reserve This report has been reviewed by the Director of Finance who concurs with the recommendations. Page 60 Municipality of Clarington Page 5 Report EGD-003-20 4. Conclusion It is respectfully recommended that Council provide direction to staff. Staff Contact: Ron Albright, Acting Director of Engineering Services, 905-623-3379, Ext. 2302 or ralbright@clarington.net Attachments: Attachment 1 — Map of Ecological Gift lands and Phase 2 of Farewell Creek Trail Attachment 2 — Disposition or Change in Use of Ecological Gifts - Fact Sheet Interested Parties: There are no interested parties to be notified of Council's decision. Page 61 s Ecological Gift Land a es. t ,\ r C%h4� v♦vim �P O Dy 4 a OTC `♦\�\ _, P i n e d a I e Stormwat� ♦� Proposed Phase c pond G�A,♦,I Trail Within ♦\�� Ecological Gift Land ♦,, Ili \ io e , Connection Existing Sidewalk o�a� _beach �r��e Bridge Crossing Culvert Crossing Existing Armour Stone Wall 6%V% 14w, , 1 ._ Proposed Phase 2 Trail (2020 Construction) Bridge Crossing Culvert Crossing Attachment 1 to Report EGD-003-20 R Y: � 7 1 Existing Phase 1 Trail (Built 2018) Existing Armour Stone Wall Existing Bridge Crossing l (Built 2018) FAREWELL CREEK TRAIL • �s Legend p. 0 o Phase 1 Trail (Existing) � -Robert Adams Sao r m w a t e r® Phase 2 Trail (Proposed) Pond �.� Proposed Phase 2 Trail Passing Through Royert�aa� Ecological Gift Lands Gifted Ecological Lands rcla-M4017 e ' 25 — 5 00 150 204 meters Page 62 Attachment 2 to Report EGD-003-20 Environment Environnement Canada Canada DISPOSITION OR CHANGE IN USE OF ECOLOGICAL GIFTS: WHAT RECIPIENTS NEED TO KNOW Environment Canada's Ecological Gifts Program (EGP) provides a way for Canadians with ecologically sensitive land to protect nature and leave a legacy for future generations. The EGP offers significant income tax benefits to landowners who donate land or an eligible interest or right in land' to an EGP recipient. EGP recipients play a vital role in protecting Canada's biodiversity and natural heritage. Under the EGP, recipients are responsible for the long-term management and conservation of the ecological gift and its ecologically sensitive features. To provide a safeguard, a federal tax shall be imposed on a recipient that is a charity, municipality or municipal or public body performing a function of government in Canada that holds an ecological gift and does not meet the obligations described below. Under the provisions of the Income Tax Act of Canada (ITA), these recipients are required to receive authorization from the federal Minister of the Environment prior to any dispositions or changes in use of ecological gifts. When an unauthorized disposition or change in use takes place, the recipient is subject to a federal tax pursuant to section 207.31 of the ITA. Section 207.31 of the ITA Any charity, municipality in Canada or municipal or public body performing a function of government in Canada (referred to in this section as the "recipient') that at any time in a taxation year, without the authorization of the Minister of the Environment or a person designated by that Minister, disposes of or changes the use of a property described in paragraph 110.1(1)(d) or in the definition "total ecological gifts" in subsection 118.1(1) and given to the recipient shall, in respect of the year, pay a tax under this Part equal to 50% of the amount that would be determined for the purposes ofsection 110.1 or 118.1, if this Act were read without reference to subsections 110.1(3) and 118. 7 (6), to be the fair market value of the property if the property were given to the recipient immediately before the disposition or change. allows a disposition or change in us )uthorazation of Environment Cana( A[tax assessed by the Canada Revel rket value of the property a:nge in use.This fact shee _ ion about hoW Environment C uthorization off proposed disposi logical gifts. lro4me I address each requeNt'for u horizati n,merits. Questions about a possible isposition r se of an ecological gift should be r cted to a reg4o rdinator of the EGP. Recipients mustw�+ est authoriz r.dispositions or changes in use from ent Can Ling. Photo: Raymond Kotchorek © Environment Canada, 2014 Within the common-law jurisdictions of Canada, the term "interest" is used to refer to "interests in land "Within the province of Quebec, the Civil Code of Quebec applies and the most similar concept referring to interests inland is "real rights" Forth e purposes of this fact sheet, "eligible interest or right inland' refers to conservation covenants, easements and real servitudes. Although similar in nature, the definitions of"interests" or "real rights" may vary among provincial and territorial legislation, so always consult the relevant legislation for exact definitions and information pertaining to these types of interests. Canada Page 63 DISPOSITION OR CHANGE IN USE OF ECOLOGICAL GIFTS ............................................................................. DISPOSITION With respect to an ecological gift, Environment Canada considers that any change to title that temporarily or permanently transfers property, in whole or in part (including the transfer or assignment of an eligible interest or right in land), constitutes a disposition for the purposes of section 207.31 of the ITA. The following are some examples of a disposition of land or a disposition of an eligible interest or right in land: • a transfer of ownership of the land or eligible interest or right in land, in whole or in part; • any change in ownership of the land or eligible interest or right in land shown on title to the property, such as the addition or removal of owners to or from title,2 • the granting of any interests or rights in land; • an amendment of an eligible interest or right in land that requires this interest or right to be removed from title for the amendment to be made,' or • the change in title resulting from the default on mortgage over a fee simple ecological gift.' Photo: © Frontier Digital Arts, 2014 2 The fee simple transfer of the underlying property encumbered by an eligible interest or right in land that was the subject of an ecological gift does not constitute a disposition as long as the same eligible interest or right in land remains on title with the same priority and continues to be held by the same recipient. 3 Amendments to conservation easements, covenants or real servitudes that do not require such eligible interests or rights in land to be removed from title to effect the amendments will be treated under the"change in use" provisions described in this fact sheet. 4 The addition of a mortgage to the title of a fee simple ecological gift is not considered a disposition under section 207.31 of the ITA. However, in the case where a lending institution seizes a property as a result of a defaulted mortgage, a request for authorization of the disposition must be requested from Environment Canada prior to the title being transferred, if the tax is to be avoided. CHANGE IN USE Environment Canada considers a recipient to have changed the use of an ecological gift if the recipient: a. undertakes any action that results in or could result in a diminution of the ecological condition or protection of the ecological gift; b. fails to take reasonable action to manage and protect the ecological condition of the ecological gift; c. changes any of the terms of an eligible interest or right in land (conservation easement, covenant or real servitude), which do not constitute a disposition; or d. fails to enforce the terms of the conservation easement, covenant or real servitude, which results in or could result in negative impacts on the ecological condition of the property. Environment Canada may consider supplemental information such as relevant studies, expert advice and property- or situation -specific circumstances to determine if the proposal is a change in use. Photo: © Thinkstockphotos,2014 Page 64 DISPOSITION OR CHANGE IN USE OF ECOLOGICAL GIFTS ............................................................................. ENVIRONMENT CANADA'S APPROACH TO CONSIDERING A REQUEST FOR AUTHORIZATION Since the circumstances of each request for authorization of a proposed disposition or change in use of an ecological gift are unique, each request will be reviewed and considered on its own merits. Environment Canada will take the following into account when evaluating a request for authorization: • whether the proposed disposition or change in use will result in protection that is at least equal to or better than that provided for under the existing arrangement; • whether the proposed disposition or change in use is beneficial to the long-term conservation and management of the ecologically sensitive features on the subject land; • in the case of a proposed disposition, whether the intended new recipient of the ecological gift of land or eligible interest or right in land is qualified to receive an ecological gift under the criteria of the EGP and has the capacity to manage the property so as to ensure and maintain its long-term ecological integrity; Note: The issuance of the Certificate of Ecologically Sensitive Land, Recipient Identification, and Registered Charity Approval Pursuant to the Income Tax Act of Canada (or the Visa Fiscal in Quebec) does not constitute an authorization by the Minister of the Environment for any disposition or change in use regarding the future intentions of the recipient. Similarly, any potential future dispositions or changes in use identified in the original ecological gift submission to the EGP does not eliminate the requirement to request authorization. At the time when these authorizations are required, the recipient must submit separate and distinct written requests to Environment Canada. J HOW TO REQUEST AN AUTHORIZATION FOR A DISPOSITION OR CHANGE IN USE Requests for authorization must be sent to the regional coordinator of the EGP in the province where the ecological gift is located. Environment Canada will only consider written requests made by the recipient that provide clear details as to the precise nature of the proposed disposition or change in use. A written request for authorization of a proposed disposition or change in use must include the following: • a letter of request, signed by the registered owner/holder of the ecological gift (the landowner or easement, conservation covenant or real servitude holder), that describes the proposed disposition or change in use; • a rationale for the proposed disposition or change in use; the applicant's assessment (including, if available, a copy of [or reference to] the baseline documentation outlining the state of the lands, and the ecological features of interest, at the time of donation) of the potential effects of the proposed disposition or change in use on the ecologically sensitive features of the land as well as the potential impacts on the future protection of the ecologically sensitive features; • priority agreements from all registered charge holders in the case where amendments to eligible interests or rights in land could result in a change in their priority status on title; • in the case of a proposed disposition, a copy of any agreement between the transferor and transferee relating to the land or eligible interest or right in land; and • in the case of a proposed disposition, the name, mailing address and telephone number of both the transferor and the transferee. Environment Canada may solicit additional information specific to each request, if deemed necessary. Page 65 DISPOSITION OR CHANGE IN USE OF ECOLOGICAL GIFTS ............................................................................. Paper: ISBN 978-1-100-23198-3 Cat. No.: CW66-274/2014E PDF: ISBN 978-1-100-23199-0 Cat. No.: CW66-274/2014E-PDF For information regarding reproduction rights, please contact Environment Canada's Inquiry Centre at 1-800-668-6767 (in Canada only) or 819-997-2800 or email to enviroinfo@ec.gc.ca. Photos: © Thinkstock, Frontier Digital Arts, and Environment Canada - 2014 © Her Majesty the Queen in Right of Canada, represented by the Minister of the Environment, 2014 Aussi disponible en fran4ais IT IS BETTER TO ASK BEFORE ACTING... Each request for authorization is unique. Ecological gifts recipients considering a disposition or change in use are encouraged to contact their respective EGP regional coordinator to discuss any questions. The EGP National Secretariat may be reached at:1-800-668-6767 For more information about the EGP, visit: www.ec.gc.ca/pde-egp Photo: Ron Bazin © Environment Canada, 2014 Additional information can be obtained at: Environment Canada Inquiry Centre 10 Wellington Street, 23rd Floor Gatineau QC K1 A 01-13 Telephone: 819-99 7-2 800 Toll Free: 1-800-668-6767 (in Canada only) Fax: 819-994-1412 TTY: 819-994-0736 Email: enviroinfo@ec.gc.ca Ecological Gifts Program Environment Canada Canadian Wildlife Service 351 St. Joseph Boulevard Gatineau QC K1A01-13 Email: pde-egp@ec.gc.ca Website: www.ec.gc.ca/pde-egp Page 66 Clarington 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: General Government Committee Date of Meeting: February 18, 2020 Report Number: ESD-002-20 Submitted By: Gord Weir, Director of Emergency Services Reviewed By: Andrew C. Allison, CAO Resolution#: File Number: By-law Number: Report Subject: Establishing a Motor Vehicle Collision Cost Recovery Program and Amendment to Fees By -Law Schedule B Recommendations: 1. That Report ESD-002-20 be received; 2. That the Motor Vehicle Collision Cost Recovery Program for Municipal Roadways (both Municipal and Regional Roads), be approved; and 3. That the by-law to amend Schedule B of By-law 2010-142, a by-law regarding the payment of fees for information and services provided by the Municipality of Clarington, attached to Report ESD-002-20 as Attachment 1, be approved. Page 67 Municipality of Clarington Report ESD-002-20 Report Overview Page 2 To establish a Motor Vehicle Collision (MVC) Cost Recovery Program for Municipal Roadways (both Municipal and Regional Roads) and include the fees for this Program in Schedule B of the Fees By-law. 1. Background 1.1 The Municipal Act, 2001 (S.391(1)a) provides that a municipality may impose fees or charges "for services or activities provided or done by or on behalf of it". The Act also provides that the "costs included in a fee or charge may include costs incurred by the municipality related to administration, enforcement, and the establishment, acquisition and replacement of capital assets". 1.2 Clarington Emergency and Fire Services (CEFS) provides a variety of services to the residents of Clarington, as well as providing emergency services for those who travel through our Municipality. The costs to provide these fire services are funded from municipal taxes. 1.3 CEFS currently bills the Ministry of Transportation (MTO) for emergency responses on the 400 series highways and has identified that creating a Cost Recovery Program for municipal roadways (both Municipal and Regional Roads) could also be a potential source of cost recovery. 2. Discussion 2.1 Staff have been in discussion with other municipal fire departments within Durham Region that have identified that a revenue source could be established by adopting a service fee for attending MVC's on municipal roadways. This revenue would offset operational costs for services provided at these incidents. 2.2 Table 1 shows CEFS response history to MVC incidences on municipal roadways. This data has not been determined to be billable. '� Municipality of Clarington Report ESD-002-20 2.3 Table 1: Potential Billable Responses Page 3 Invoice "At Fault Estimated 50% Drivers" at $485.00 per MVC Calls for Being Billable Apparatus (two Years Clarington on responding apparatus) Municipal Roads (If MVC had been in place) (If MVC had been in place) 2018 (Jan — Dec) 321 160 $155,200 2017 (Jan — Dec) 333 166 $161,020 2016 (Jan -Dec) 309 154 $149,380 Total 963 480 $465.600 Three Year 321 160 $155,200 Average 3. Proposal Motor Vehicle Collision Cost Recovery Program 3.1 Based on the data provided in Section 2, staff are proposing to implement a service fee that would be applied to MVC's on municipal roadways (both Municipal and Regional Roads) that involve non-residents who are deemed by police to be `at fault'. 3.2 The service fee for emergency services would be issued at the Provincial remuneration rate. The current rate is $485.00 per vehicle for the first hour or part thereof and $242.50 per vehicle for each additional one-half hour or part thereof. Page 69 Municipality of Clarington Page 4 Report ESD-002-20 3.3 CEFS recommends the MVC cost recovery program be structured as follows: a. Invoice at fault driver, when known (non Clarington residents only) b. Apply ARIS search fee to invoice (current rate of $14 per vehicle search) c. CEFS Administration shall provide the Municipality of Clarington's Finance Department with the necessary documents to complete the invoicing process for the program. 3.4 Staff are proposing that, within Schedule "B" Emergency Services section, of By-law 2010-142 the following fees be introduced as outlined in the attached proposed By-law: "Motor Vehicle Collisions on Municipal Roadways (both Municipal and Regional Roads) - Non Clarington Resident - per vehicle for the first hour or part thereof - Current Provincial Remuneration Rate plus Authorized Requestor Information Services fee" "Motor Vehicle Collisions on Municipal Roadways (both Municipal and Regional Roads) — Non Clarington Resident — per vehicle for each additional one-half hour or part thereof — Current Provincial Remuneration Rate plus Authorized Requestor Information Services fee" Plate Inquiry Fee 3.5 Determining non-resident `at fault' drivers is achieved through inquiring in the MTO — Authorized Requestor Information System (ARIS). The current charge is $14 per licence plate inquiry. To offset the cost, CEFS will add this inquiry fee to the `at fault' driver's invoice. 4. Concurrence This report has been reviewed by the Director of Finance/Treasurer and the Municipal Solicitor who concur with the recommendations. Page 70 Municipality of Clarington Report ESD-002-20 5. Conclusion Page 5 It is respectfully recommended that Council approve the Motor Vehicle Collision Cost Recovery Program as outlined in this report and that the proposed fee for services performed by CEFS at motor vehicle collisions on municipal roadways be adopted as outlined in Attachment 1 By-law to amend Schedule B of the Fee By-law 2010-142. Staff Contact: Gord Weir, Director of Emergency & Fire Services, 905-623-5126 ext. 2802 or gweir@clarington.net Attachment: Attachment 1 - By-law to amend Schedule B of the Fee By-law 2010-142 There are no interested parties to be notified of Council's decision. Page 71 Corporation of the Municipality of Clarington By-law 2020- Being a by-law to amend Schedule B of the Fee By-law 2010-142, Clarington's Fee By-law. WHEREAS the Council of the Municipality of Clarington adopted the recommendations contained within Report ESD-002-20 to implement a Motor Vehicle Collision Cost Recovery Program for Municipal Roadways. Now Therefore Be It Resolved that the Council of the Corporation of the Municipality of Clarington enacts as follows: That the Emergency Services Section of Schedule "B" to By-law 2010-142 be amended to add the following as the third item: "Motor Vehicle Collisions on Municipal Roadways (both Municipal and Regional Roads) - Non Clarington Resident - per vehicle for the first hour or part thereof - Current Provincial Remuneration Rate plus Authorized Requestor Information Services fee" 2. That the Emergency Services Section of Schedule "B" to By-law 2010-142 be amended to add the following as the fourth item: "Motor Vehicle Collisions on Municipal Roadways (both Municipal and Regional Roads) - Non Clarington Resident - per vehicle for each additional one-half hour or part thereof - Current Provincial Remuneration Rate plus Authorized Requestor Information Services fee" 3. This By-law shall come into force and take effect on the date of the passing hereof. BY-LAW passed in open session this , 2020. Adrian Foster, Mayor Anne Greentree, Municipal Clerk Page 72 Clarington 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: General Government Committee Date of Meeting: February 18, 2020 Submitted By: Anne Greentree, Municipal Clerk Reviewed By: Andrew C. Allison, CAO File Number: Report Number: CLD-003-20 By-law Number: Resolution#: Report Subject: 2019 Accessibility Annual Status Update Recommendation: 1. That Report CLD-003-20 be received; and 2. That Report CLD-003-20 be placed on the municipal website. Page 73 Municipality of Clarington Report CLD-003-20 Report Overview Page 2 This Report is the Municipality of Clarington's annual update on the measures taken during 2019 to improve accessibility in our community and to report on the progress made under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). 1. Background Statement of Commitment 1.1 The Municipality of Clarington is committed to ensuring that people of all ages and abilities enjoy the same opportunities when they live, work, play, visit and invest in our community. 1.2 We promote an inclusive, caring and respectful community where programs, services and facilities are available to everyone. Our goal is to make Clarington a barrier -free community and each year we come closer to achieving that goal. 2. Accessibility Legislation in Ontario Accessibility for Ontarians with Disabilities Act, 2005 (AODA) 2.1 The Accessibility for Ontarians with Disabilities Act, 2005 sets out a road map for an accessible Ontario by 2025. The Integrated Accessibility Standards Regulation (IASR) has been created as part of the Act to provide rules that businesses and organizations in Ontario need to follow to identify, remove and prevent barriers. In addition to the General Requirements, the IASR contains mandatory and enforceable standards in five key areas: • Information and Communications • Employment • Transportation • Design of Public Spaces • Customer Service Page 74 Municipality of Clarington Report CLD-003-20 Page 3 2.2 The Design of Public Spaces Standard focuses on removing barriers in areas not covered by the Ontario Building Code such as playgrounds, on and off-street parking, recreational trails and service counters. It applies to new construction or re -construction of existing spaces. It does not require organizations to retrofit in order to be compliant. Ontario Building Code (OBC) 2.3 The OBC regulates the minimum building standards for the construction of all new buildings and buildings that undergo a significant renovation. The Code includes requirements for minimum accessibility within buildings. 2.4 The OBC was amended to include enhancements to accessibility in buildings. As of January 1, 2015, most new construction and extensive renovations will be subject to updated accessibility requirements. Existing buildings, where no work is planned, are not affected by these new requirements. 3. Accessibility Annual Status Update Clarington's Accessibility Advisory Committee 3.1 The Clarington Accessibility Advisory Committee (CAAC) is a citizen committee that acts as an advisory body for Council. Its mandate is to advise on the identification, removal and prevention of barriers to people with disabilities in municipal programs, services, initiatives and facilities. 3.2 Each member of the CAAC is a volunteer with the exception of the Council representative. The majority of CAAC membership is held by persons with disabilities. The CAAC is supported by the Accessibility Coordinator and the Clerk's Department. 3.3 The CAAC's term coincides with Council's term. Following the 2018 Municipal Elections, a new CAAC was formed and will work within its mandate until 2022. The 2018-2022 CAAC members bring a wide range of personal and professional experiences and perspectives related to the challenges faced by people with disabilities. They provide invaluable advice and support as we continue to work toward a barrier -free Clarington. 3.4 Under the AODA, the Municipality is required to consult with the Accessibility Advisory Committee (AAC) when new developments and municipal projects are being planned. In 2019, the CAAC reviewed approximately 40 site plan applications and three municipal projects for barriers to accessibility. This is a role the Committee takes seriously. They take pride knowing they have helped contribute to a more accessible Clarington by advising applicants to exceed minimum accessibility standards. In 2019, the CAAC continued to advocate for accessible housing when reviewing residential site plans and accessible places of employment when reviewing commercial/industrial site plans. Page 75 Municipality of Clarington Page 4 Report CLD-003-20 3.5 In 2019, the CAAC also: • Made a delegation to Council in support of National AccessAbility Week. • Raised the Access Clarington flag for National AccessAbility Week. • Hosted a booth at AppleFest, in partnership with the Diversity Committee (see photo below). ► i®ClWngtorl wwwcla ington.net/accessibility Clarington Accessibility Advisory Cammlttee: _. Advise Clarington Council Edumate and advise municipal staff • Hosted awareness tables at five municipal facilities in support of National AccessAbility Week and International Day of Persons with Disabilities. • Attended Regional Accessibility Advisory Committee meetings and the Joint Accessibility Advisory Committee Forum and Awards night. Page 76 Municipality of Clarington Report CLD-003-20 Page 5 • Hosted an event to recognize organizations the Committee nominated for a Durham Regional Accessibility Award. (See photo below) • Attended the Metrolinx/Durham Region Transit annual consultation in December. Provided feedback on the Orono Hall Accessibility Renovation, the Clarington Public Library's Main Branch accessibility renovation, and phase two of Farewell Creek Trail. 3.6 Feedback was also provided on numerous smaller municipal projects lead by the Engineering Department. Accessibility Governance 3.7 The Accessibility Coordinator acts as a resource for all municipal service areas and facilitates compliance with the AODA. To ensure Clarington continues to meet or exceed the requirements of the AODA, the Coordinator continued to stay informed about legislation and participated in accessibility networks such as the Ontario Network of Accessibility Professionals (ONAP) and other Accessibility Coordinators in Durham Region through attendance at quarterly coordinators meeting. Page 77 Municipality of Clarington Page 6 Report CLD-003-20 3.8 The Coordinator provided legislated, mandatory training for all employees and volunteers on providing accessible customer service to people with disabilities, the IASR and the Human Rights Code as it relates to people with disabilities, as required under AODA. Additionally, training and support continued to be provided to staff in the area of creating accessible documents. With the introduction of TTY (teletype) in 2018, training and support was provided on using SimpliciTTY software to communicate with customers who use a home TTY device. 3.9 The Accessibility Coordinator continued as the staff liaison to the Clarington Accessibility Advisory Committee and facilitator of site plan and municipal project reviews by the Site Plan Review Sub -Committee. 3.10 In an effort to support accessibility retrofit projects in older municipal facilities, the Coordinator prepared accessibility grant applications and managed the implementation of grant projects in collaboration with various departments. Summary of Accessibility Activities Activity Number of Occurrences Clarington Accessibility Advisory Committee meetings 7 AODA training sessions 21 Accessible document training sessions 5 TTY training sessions 4 Site plans reviewed —40 Municipal projects reviewed 3 Integrated Accessibility Standards Regulation - General Requirements 3.11 The Municipality of Clarington continues to monitor and update its accessibility policies as necessary. 3.12 The Municipality of Clarington's Multi -Year Accessibility Plan 2018-2023 outlines the initiatives the Municipality has taken to ensure compliance with AODA. Additionally, the Plan outlines how the Municipality will continue to meet its legislated obligations under AODA and address the needs of our growing community as we work towards a fully accessible and inclusive community. The Multi -Year Accessibility Plan is posted on the Clarington website. Page 78 Municipality of Clarington Report CLD-003-20 Page 7 3.13 The Purchasing Department continues to include accessible design, features and criteria when purchasing goods, services or facilities. If the Municipality was not able to purchase accessible goods, services or facilities, the Municipality gave an explanation as to why, upon request. 3.14 We continue to ensure that training is provided on the requirements of the accessibility standards and the Human Rights Code as it pertains to persons with disabilities to all municipal employees, volunteers, persons who participate in developing policies and person who provide goods, services or facilities on behalf of the Municipality. Information and Communications - Website 3.15 The Municipality of Clarington website complies with WCAG 2.0 Level AA, an achievement the Municipality met well before the January 1, 2021 deadline prescribed by the AODA. 3.16 Staff across all departments continue to work hard to ensure everything on the website is in an accessible format. In some situations, we have not been able to post content that is in an accessible format. Where something is not accessible to a person, we encouraged them to contact us and we worked with them to find a suitable accessible format. 3.17 Our website continues to feature BrowseAloud. The BrowseAloud feature has a number of helpful tools that make our website even more accessible such as: toolbar downloads, text magnifier, highlighting, reading out loud, and language translation. For 2019, this feature was used 173 times. Accessible Documents 3.18 In support of accessible documents for our website, we continued to provide training to municipal staff on how to create accessible Word 2013 documents throughout 2019. The Accessibility Coordinator continued to train and support staff who need help creating accessible documents. 3.19 The Municipality remained dedicated to making both internal and external documents accessible and continued to make great strides in providing documents in an accessible format. We continue to encourage individuals who find a document inaccessible to contact us via phone or email to request it in an alternative format. Page 79 Municipality of Clarington Report CLD-003-20 Employment Page 8 3.20 The Municipality of Clarington remained committed to accessible and equitable hiring practices and continued to meet its Employment Standard obligations under the AODA. All job postings included a statement about the availability of accommodations for applicants with disabilities during the recruitment process. 3.21 Successful candidates are informed, through their offer of employment, that accommodations are available for people with disabilities. All employees are informed of policies regarding job accommodations. The Municipality continued to provide workplace and emergency response information in accessible formats to employees who required it. Transportation 3.22 In 2019 the Accessibility Advisory Committee was consulted on the updated Vehicle For Hire Bylaw (previously Taxicab Bylaw). Their insight and feedback were included in the updated Bylaw. 3.23 The Region of Durham is responsible for transportation within Clarington. Metrolinx (Go Transit) also provides transportation service through Clarington. 3.24 Any feedback regarding transportation is shared with Durham Region Transit and/or Metrolinx. The Accessibility Coordinator frequently liaised with Durham Region Transit on issues relating to accessible public transportation in Clarington. 3.25 Clarington's Accessibility Advisory Committee continued to participate in public meetings held by Durham Region Transit and Metrolinx and advocate for improvements to public transit services for people with disabilities. Design of Public Spaces 3.26 The Municipality of Clarington continued to ensure that all new and redeveloped public spaces complied with the requirements of the Design of Public Spaces Standard. This means that new and redeveloped parks, trails, parking lots, service counters and pathways of travel were designed to make things easier for everyone — people with disabilities, seniors and families — to use and enjoy public spaces. Where accessible requirements are not met in any Municipal project, staff continue to work together to ensure that any deficiencies identified are corrected in a timely and appropriate manner. 3.27 Although the Municipality is not required to retrofit public spaces under this Standard, we continued to proactively make accessibility improvements, as is the case with the Bowmanville Library Branch renovation project, currently underway. We will work towards creating a barrier -free Clarington by removing barriers and exceeding our legal requirements whenever possible. '� Municipality of Clarington Report CLD-003-20 Customer Service Page 9 3.28 The Municipality of Clarington continued to be in compliance with the Customer Service Standard. When accessing goods, services and facilities provided by Municipality, individuals may use their assistive devices. Guide dogs and service animals may be used in all areas/premises that are open to the public, unless the animal is otherwise excluded by law. People with disabilities can access their support person/worker when accessing Municipal goods, services and facilities. 3.29 We continue to train all new employees and volunteers on Accessible Customer Service, including how to communicate with people with disabilities in a manner that takes into account their abilities. We will work with the person with a disability to determine what methods of communication works best for them. 3.30 We will continue to explore best practices for accessible customer service and investigate assistive technologies that can assist staff in providing accessible customer service to our residents and visitors. 4. Next Steps 4.1 Throughout 2020, the Municipality of Clarington will continue to work towards meeting, maintaining and exceeding its obligations under AODA and its Integrated Accessibility Standards. In keeping with our goal of becoming a barrier -free community we will: • Explore the opportunity to develop Clarington's Universal Design Standards. • Respond to requests for information in an alternative format. • Continue to support and educate staff on creating accessible documents. • Continue conducting accessibility audits on Municipal buildings and facilities. • Continue to review and update accessibility policies and perform a gap analysis of missing policies. • Provide current staff and volunteers with updated information on changes to our accessibility policies and continue providing accessibility training to all new staff and volunteers. • Continue to review by-laws to ensure they are consistent with the principles of the AODA and that they meet or exceed the minimum Standards required under the AODA. • Respond to public inquiries related to accessibility. • Continue to collaborate with the Clarington Board of Trade and BIAs. • Monitor accessibility trends, themes and actions at the grassroots, provincial and federal levels. • Continue advocating for greater accessibility within the community. • Continue to seek out funding opportunities that support accessibility and inclusion. Page 81 Municipality of Clarington Report CLD-003-20 Page 10 • Explore assistive technology and devices to improve access to Municipal facilities, programs and services. 5. Concurrence This report has been reviewed by the Clarington Accessibility Advisory Committee. 6. Conclusion It is respectfully recommended that the 2019 Accessibility Annual Status Update report be received for information and be placed on the municipal website. Staff Contact: Jeannette Whynot, Accessibility Coordinator, 905-623-3379 x 2131 or accessibility@clarington.net. Attachments: Not Applicable Interested Parties: The following interested parties will be notified of Council's decision: Accessibility Advisory Committee Page 82 Clarington 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: General Government Committee Date of Meeting: February 18, 2020 Reviewed By: Andrew C. Allison, CAO File Number: PLN 17.25 Report Number: CAO-005-20 Resolution#: By-law Number: Report Subject: Partners for Climate Protection Program Recommendations: 1. That Report CAO-005-20 be received; 2. That Council endorse the attached Resolution (as Attachment 1 to Report CAO-005-20) to join the Federation of Canadian Municipalities — International Council for Local Environmental Initiatives (FCM-ICLEI) Partners for Climate Protection (PCP) program; 3. That Council appoint an elected official for the Municipality of Clarington to the FCM-ICLEI PCP program; 4. That the Mayor and Clerk be authorized to sign any related agreements and/or reports; 5. That staff be directed to undertake the Five -Milestone Framework of the PCP program as part of the Clarington Climate Action Plan, which is currently under development; and 6. That all interested parties listed in Report CAO-005-20 and any delegations be advised of Council's decision. Page 83 Municipality of Clarington Page 2 Report CAO-005-20 Report Overview Climate change is a global issue requiring local action. Municipalities are uniquely positioned to significantly reduce human -caused greenhouse gas (GHG) emissions that are contributing to climate change. As part of the Clarington Climate Action Plan, which is currently under development, the Municipality will set clear targets for corporate GHG reductions. While the Municipality continues to undertake multiple activities that aim to reduce GHGs at the corporate and community levels, the Federation of Canadian Municipalities — International Council for Local Environmental Initiatives Partners for Climate Protection program presents an opportunity to further strengthen our efforts and access additional resources and support at no additional cost to the Municipality. This report provides and overview of the Partners for Climate Protection program and requests Council's support to enroll in the Program, which will support the development of Clarington's Climate Action Plan. 1. Background 1.1. The climate is changing in Clarington. According to current climate projections, the Municipality will experience weather that is warmer, wetter and wilder before 2030. These climate changes will create challenges for the operation of the Municipality and place residents and the local economy at risk. 1.2. In addition to taking action to prepare for the impacts of climate change, Clarington is taking action to reduce our greenhouse gas emissions. Between 2016 and 2019 Clarington staff worked with staff from the Region of Durham, area municipalities and energy utilities in Durham Region to develop the Durham Community Energy Plan 2019 (DECP). The purpose of the DCEP is to "accelerate the transition to a clean energy economy in Durham, while simultaneously achieving multiple economic, environmental and social benefits." Council endorsed the DCEP in principal on November 25, 2019 (CAO-014-19). 1.3. In compliance with O. Reg. 507/18 of the Electricity Act, the Municipality compiles an annual municipal energy consumption report. These reports help staff track energy use and the impacts of their actions to reduce energy consumption and GHG emissions and save the Municipality money. 1.4. In spring 2019 the Municipality released a 5-year corporate Energy Conservation Demand Management Plan (ECDM Plan). The ECDM Plan reviews the historical and forecasted energy performance of facilities that are owned and operated by the Municipality and recommends measures to reduce energy consumption and GHG emissions, and save money. As part of this work, a corporate GHG inventory was compiled. Municipality of Clarington Page 3 Report CAO-005-20 1.5. On July 3, 2018, Council passed Resolution #GG-366-18, approving the establishment of an Interdepartmental Climate Change Working Group (ICCWG) and directing staff to prepare an application for the Federation of Canadian Municipalities' (FCM) Municipalities for Climate Innovation Program (MCIP) - Climate Change Staff Grants initiative (Report CAO-007-18). In May 2019, the Climate Change Response Coordinator began a 24-month contract with the primary responsibility to lead the initiation of an integrated approach to climate change action. 1.6. The ICCWG and Climate Change Response Coordinator are currently engaged in a 5- phase process to develop the corporate Clarington Climate Action Plan (CCAP). The CCAP will establish corporate GHG reduction targets and propose actions reduce corporate GHG emissions (mitigation) and adapt to the impacts of climate change (adaptation). 1.7. Data collection is completed for the adaptation components of CCAP and focus has now turned to developing the mitigation components of the plan. The FCM, in partnership with the Canadian chapter of the International Council for Local Environmental Initiatives (ICLEI Canada) have established the Partners for Climate (PCP) Program to guide municipalities in their efforts to reduce GHG emissions. 1.8. The PCP program's five -milestone framework has been identified as the industry best - practice for municipalities to establish and achieve GHG emissions reductions targets. Accordingly, the PCP program's five -milestone framework is being followed to support the development of the mitigation aspects of the CCAP. 1.9. This report asks council to formally participate the PCP program, providing an opportunity for staff to leverage the tools, resources and support provided to PCP program members and for the Municipality to be formally recognized for reaching key milestones in assessing and taking action to reduce Corporate GHG emissions. 2. Partners for Climate Change Protection Program 2.1. The Partners for Climate Protection (PCP) program is a network of Canadian municipal governments that have committed to reducing GHGs and acting to respond to climate change in the community, corporation or both. 2.2. In Canada, the PCP program is implemented by the FCM, in partnership with ICLEI Canada. Since the program's inception in 1994 over 350 municipalities have joined. 2.3. The PCP program is guided by a flexible, performance based, Five -Milestone Framework. In following this framework, member municipalities are supported in the development of a local GHG inventory, setting GHG reduction targets, developing and implementing a local climate change action plan, and monitoring results. The five milestones are: Page 85 Municipality of Clarington Report CAO-005-20 Milestone 1 — Create a Baseline GHG Emissions Inventory and Forecast Milestone 2 — Set Emissions Reduction Targets Milestone 3 — Develop a Local Action Plan Milestone 4 — Implement the Local Action Plan Milestone 5 — Monitor Progress and Report Results Page 4 2.4. Municipal staff are already following PCP's Five -Milestone Framework to establish corporate GHG emissions targets in developing the CCAP for the Corporation. Joining the PCP program will provide Clarington access to resources, information and tools that we would not otherwise have access to, to support the completion of each milestone. Resources includes case studies, webinars, templates, guidance documents, sample reports, and technical assistance. 2.5. PCP program members are also encouraged to network with other members, sharing knowledge and best practices, and identifying opportunities for collaboration and partnership. Municipalities receive recognition from FCM-ICLEI for milestone achievements and for reported measures. 2.6. Members of the PCP program are expected to move through the Five -Milestone Framework within 10 years of joining, report on progress at least once every two years, maintain up-to-date contact information, participate in program activities, and share our experience with other network members. 2.7. The PCP program is free to join and it is not legally binding. If a municipality is not able to meet the PCP program requirements, the municipality may leave the program at any time and re -join it at a later date. 3. PCP Program Enrolment & Next Steps 3.1. Municipal enrolment in the PCP program requires Council to pass a resolution confirming its participation and commitment to achieving the Five -Milestone Framework, as provided in Attachment 1. 3.2. Membership in the PCP program requires that one elected official representative and one corporate staff representative be appointed to oversee implementation of the PCP milestones and act as points of contact to communicate and promote the Municipality's involvement in the PCP program. If Council chooses to join as a member to the PCP program, a Council representative will need to be appointed. It is recommended that the Municipality's Climate Change Response Coordinator act as the Municipal staff representative for the PCP program. '� Municipality of Clarington Report CAO-005-20 Page 5 3.3. Endorsement of this resolution commits the Municipality to develop and implement an action plan to reduce GHG emissions at a corporate or community scale. Municipal staff are already engaged in the development of the CCAP, which will include a plan to reduce corporate GHG emissions. 3.4. Subject to Council resolution, staff will: • Submit the Council resolution to FCM to confirm the Municipality's participation in the program; and • Incorporate the Five -Milestone Framework of the PCP program into the CCAP, currently under development. 4. Conclusion The Municipality can play an important leadership role in reducing GHG emissions and building community resilience to the impacts of climate change, while contributing to a healthy and sustainable community for its residents. Participation in FMC-ICLEI's PCP program provides the Municipality with access to resources, tools and financial support as we work to develop a climate action plan for the Corporation, at no additional cost to the Municipality. Further, membership to the PCP program will demonstrate the Municipality's commitment to addressing climate change, using a systematic, organized, well -recognized and tested framework. Staff Contact: Doran Hoge, Climate Change Response Coordinator, 905-623-3379 ex 2429 or dhoge@clarington.net Attachments: Attachment 1 - Council Resolution to Join the Partners for Climate Protection Program The following interested parties will be notified of Council's decision: Durham Region Roundtable on Climate Change PCP Secretariat, Federation of Canadian Municipalities Page 87 MUNICIPALITY OF CLARINGTON General Government Committee Meeting RESOLUTION # DATE: February 18, 2020 Council Resolution to Join the FCM—ICLEI Partners for Climate Protection Program Whereas the Municipality of Clarington's Inter -departmental Climate Change Working Group (ICCWG) is developing the Clarington Climate Action Plan, which will include: a corporate greenhouse gas (GHG) inventory and forecast, corporate GHG reduction target, actions to reduce GHG emissions, and a strategy to implement and monitor the implementation of the Clarington's corporate climate actions; Whereas the Federation of Canadian Municipalities (FCM) and the International Council for Local Environmental Initiatives (ICLEI) have established the Partners for Climate Protection (PCP) program to provide a forum for municipal governments to share their knowledge and experience with other municipal governments on how to reduce GHG emissions; Whereas over 350 municipal governments across Canada representing more than 65 per cent of the population have already committed to reducing corporate and community GHG emissions through the PCP program since its inception in 1994; Whereas the PCP program is based on a five -milestone framework that involves completing a GHG inventory and forecast, setting a GHG reduction target, developing a local action plan, implementing the plan, and monitoring progress and reporting results; Be it resolved that the Municipality of Clarington communicate to FCM and ICLEI Canada its participation in the PCP program and its commitment to achieving the milestones set out in the PCP five -milestone framework; Be it resolved that the Municipality of Clarington appoint the following: a) Doran Hoge Climate Change Response Coordinator 905-623-3379 x2429 dhoge(o)_clarington.net Signature Date b) Elected official (Name) (Job Title) Contact Number Email Address Signature Date to oversee implementation of the PCP milestones and be the points of contact for the PCP program within the municipality. 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