HomeMy WebLinkAbout2021-04-19Clar*wn
General Government Committee
Post -Meeting Agenda
Date: April 19, 2021
Time: 9:30 a.m.
Location: Council Members (in Chambers or MS Teams) I Members of the Public (MS
Teams)
Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for
accessibility accommodations for persons attending, please contact: Lindsey Patenaude,
Committee Coordinator, at 905-623-3379, ext. 2106 or by email at Iatenaude@clarington.net.
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AudioNideo Record: The Municipality of Clarington makes an audio and/or video record of
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Government Committee meeting, the Municipality will be recording you and will make the recording
public by on the Municipality's website, www.clarington.net/calendar
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
The Revised Agenda will be published on Friday after 4:15 p.m. Late items added or a change to
an item will appear with a * beside them.
Pages
1. Call to Order
2. Land Acknowledgement Statement
3. New Business — Introduction
As outlined in Corporate Policy F-11 Transparency and Accountability, the
Municipality of Clarington is committed to ensuring that it is accountable to the
public for its actions, through responsible and transparent behaviours and the
manner in which the municipality will try to ensure that its actions are
transparent to the public. Accordingly, Members of Council will endeavour to
provide New Business resolutions in advance of 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 March 29, 2021 6
8. Delegations
8.1. Beth Meszaros, Regarding Item 15.2, Report LGS-016-21 On -Farm 22
Special Events Licensing By-law
*8.2. Raivo Uukkivi, Cassels Brock and Blackwell LLP, Regarding Item 15.2, 36
Report LGS-016-21 On -Farm Special Event Licensing By-law
(Correspondence Attached)
*8.3. Les Caswell, Regarding Item 15.2, Report LGS-016-21 On -Farm Special
Event Licensing By-law
*8.4. Bruce Sargent, Sargent Family Dairy, Regarding Item 15.2, Report LGS- 41
016-21 On -Farm Special Event Licensing By-law
*8.5. Annette Weykamp, Regarding Item 15.2, Report LGS-016-21 On -Farm 47
Special Event Licensing By-law
*8.6. Susanne Gagnon, Regarding Item 15.2, Report LGS-016-21 On -Farm
Special Event Licensing By-law
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*8.7. Bob Clark, Clark Consulting Services, Regarding Item 15.2, Report LGS-
016-21 On -Farm Special Event Licensing By-law
*8.8. Carion Fenn, President and CEO, Carion Fenn Foundation, Regarding
Mental Health Week and Resilience Workshop
Communications — Receive for Information
9.1. Minutes of the Historic Downtown Bowmanville Business Improvement
Area dated March 9, 2021
9.2. Minutes of the Newcastle Business Improvement Area dated March 11,
2021
9.3. Minutes of the Orono Business Improvement Area dated March 11, 2021
and April 8, 2021
9.4. Minutes of the Energy from Waste - Waste Management Advisory
Committee dated March 25, 2021
9.5. Minutes of the Ganaraska Region Conservation Authority dated March
18, 2021
9.6. George Acorn, Director and Lee -Ann Reck, Manager, Client Services,
Community Services, Regarding Resolution #GG-163-21 Youth
Engagement in Clarington
9.7. Stephen Brake, Director of Public Works, Regarding Resolution #GG-
261-21 Courtice Shores Drive and Parking Lot
Communications — Direction
Item 10.1 was removed from the agenda during Item 4, Adoption of the Agenda.
10.1. Adu'arn Foundation Team, Regarding Proposal for Ecological Proj
10.2. Jeff Solly, Tribute (Prestonvale) Limited, Regarding an Unopened Road
Allowance Between Lots 34 and 35, Concession 1, Former Township of
Darlington
(Motion for Direction)
Presentations
Public Works Department Reports
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12.1. PWD-021-21 Proposed Amendments to Traffic By-law 2014-059 85
13. Emergency and Fire Services Department Reports
14. Community Services Department Reports
15. Legislative Services Department Reports
15.1. LGS-015-21 Retiree Health Benefits 88
15.2. LGS-016-21 On -Farm Special Event Licensing By-law 91
16. Financial Services Reports
16.1. FSD-020-21 Emergency Tree Pruning Removal & Hydro Line Clearing 104
Registry
17. CAO Office Reports
18. New Business — Consideration
19. Unfinished Business
19.1. Delegation of Janet Moher, Regarding a Request for a By-law to 109
Regulate Feeding Seagulls
Link to Janet Moher's Correspondence
(Memo from R. Maciver, Director of Legislative Services/Municipal
Solicitor Attached)
20. Confidential Reports
20.1. CAO-002-21 Potential Land Disposition
(Distributed Under Separate Cover)
20.2. Confidential Memo from Andy Allison, CAO, Regarding a Human
Resources Matter
(Distributed Under Separate Cover)
*20.3. Confidential Resolution CGG-006-21, Regarding a Human Resources
Matter (Referred from the March 29, 2021 General Government
Committee Meeting)
(Distributed Under Separate Cover)
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21. Adjournment
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Clarington
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: March 29, 2021
Time: 9:30 a.m.
Location: Council Members (in Chambers or MS Teams) I Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, J. Newman, L. Patenaude, G. Acorn, R. Maciver, S.
Brake, T. Pinn, G. Weir
Other Staff Present: L. Reck
1. Call to Order
Mayor Foster called the meeting to order at 9:30 a.m.
2. Land Acknowledgement Statement
Councillor Hooper led the meeting in the Land Acknowledgement Statement.
3. New Business — Introduction
New business item(s) were added to the New Business - Consideration section
of the agenda.
4. Adopt the Agenda
Resolution # GG-247-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Agenda for the General Government Committee meeting of March 29,
2021, be adopted as presented.
Carried
5. Declaration of Interest
Councillor Hooper declared a direct interest in Item 18.1, BIA Social Media.
Councillor Neal declared an indirect interest in Item 10.3, Memo from Andy
Allison, CAO, Regarding Community Funding Program.
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General Government Committee Minutes March 29, 2021
6. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
Councillor Traill joined the meeting at 9:35 a.m.
7. Adoption of Minutes of Previous Meeting
7.1 Minutes of a Regular Meeting of March 8, 2021
Resolution # GG-248-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That the minutes of the regular meeting of the General Government Committee
meeting held on March 8, 2021, be adopted.
Carried
8. Delegations
8.1 Janet Moher, Regarding a Request for a By-law to Regulate Feeding
Seagulls
Janet Moher was present via electronic means to request a by-law to regulate
feeding Seagulls. Ms. Moher explained that her neighbours feed the Seagulls
starting in spring until winter. She expressed her concerns regarding the flock,
the droppings all over her property and diseases the birds may carry. Ms. Moher
requested that Council create a by-law to prevent feeding Seagulls in residential
areas and answered questions from members of Committee.
Resolution # GG-249-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That Item 8.1, Delegation of Janet Moher, Regarding a Request for a By-law to
Regulate Feeding Seagulls and attached correspondence, be referred to the
April 19, 2021 General Government Committee meeting.
Carried
9. Communications — Receive for Information
Resolution # GG-250-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Communication Items 9.1 and 9.2, be received for information.
Carried
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General Government Committee Minutes March 29, 2021
9.1 Minutes of the Tyrone Hall Board dated January 20, 2021 and February 17,
2021
Resolution # GG-251-21
That Communication Item 9.1, Regarding Minutes of the Tyrone Hall Board dated
January 20, 2021 and February 17, 2021, be received for information.
9.2 Ralph Walton, Regional Clerk/Director of Legislative Services, Regarding
Response to Resolution #GG-029-21 Energy from Waste - Waste
Management Advisory Committee Terms of Reference
Resolution # GG-252-21
That Communication Item 9.2, Regarding Response to Resolution #GG-029-21,
Energy from Waste - Waste Management Advisory Committee Terms of
Reference, be received for information.
10. Communications — Direction
10.1 Memo from Stephen Brake, Director of Public Works, Regarding Whistle
Cessation Update — Cobbledick Road and Bennett Road Railway Safety
Improvement Program Application Funding Status
Resolution # GG-253-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Staff be directed to pursue contributions for the project under 2022-2023
RSIP-ITR funding cycle.
Carried
10.2 Memo from Stephen Brake, Director of Public Works, Regarding
Signalization of Highway 401 ramps at Duke Street and Baseline Road
Resolution # GG-254-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That the status quo be maintained at this time; and
That Staff continue to review and consider other options that may help improve
traffic flow and vehicular safety at the Highway 401, Baseline Road and Duke
Street intersection.
Carried
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General Government Committee Minutes March 29, 2021
10.3 Memo from Andy Allison, CAO, Regarding Community Funding Program
Councillor Neal declared an indirect interest in Item 10.3, as he is a director on
Autism Home Base Durham. Councillor Neal muted his audio and video and
refrained from discussion and voting on this matter.
Resolution # GG-255-21
Moved by Councillor Hooper
Seconded by Councillor Traill
That Staff be directed to advertise and promote a second intake under the
Program with an application deadline of August 31, 2021.
Carried
Councillor Neal returned to the meeting.
10.4 Jeannette Whynot, Staff Liaison to the Accessibility Advisory Committee,
Regarding Service Ontario Bowmanville
Resolution # GG-256-21
Moved by Councillor Jones
Seconded by Councillor Anderson
That the following resolution from the Accessibility Advisory Committee,
regarding Service Ontario Bowmanville, be endorsed by the Municipality of
Clarington:
Whereas the current COVID-19 social distancing requirements have
impacted the number of people allowed inside businesses at one
time;
Whereas the current Service Ontario Bowmanville location lacks the
necessary indoor space to comply with current public health
guidelines on COVID-19 social distancing;
Whereas residents of Clarington, especially persons with disabilities,
cannot line up outside for hours on end for government services;
Whereas the Clarington Accessibility Advisory Committee supports
the need to make government services accessible to everyone,
especially people with disabilities;
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General Government Committee Minutes March 29, 2021
Now therefore be it resolved that Staff be directed to write to Members
of Provincial Parliament, Lisa Thompson, Minister of Government and
Consumer Services, Raymond Cho, Minister of Seniors and
Accessibility and Ministry staff, urging the privately operated Service
Ontario Bowmanville location to adopt available technology to
increase its accessibility to residents during these uncertain times,
including the adoption of appointment software and that they establish
protocols to address persons with disabilities who are required to
attend for in -person services.
Carried
10.5 Jon Pegg, Fire Marshal, Ministry of Community Safety and Correctional
Services, Regarding Fire Safety Grant Program
Resolution # GG-257-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Mayor and Clerk be authorized to execute the Fire Safety Grant
Transfer Payment Agreement.
Carried
11. Presentations
11.1 Jeff Haskins, East Division, Officer -in -Charge, Durham Regional Police
Service, Regarding a Community Safety Update
Jeff Haskins, East Division, Officer -in -Charge, Durham Regional Police Service,
was present via electronic means regarding a Community Safety Update. Mr.
Haskins made a verbal presentation to accompany an electronic
presentation. He introduced himself and provided background on the East
Division. He outlined the community safety priorities, programs, and crime
indicators. Mr. Haskins displayed a map of the east division jurisdiction noting
they are also responsible for the northwest part of Oshawa and displayed a photo
of their new facility. He provided an overview of the body warm camera program
noting Officers will be wearing them in late 2021 and answered questions from
Members of Committee.
Resolution # GG-258-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Presentation of Jeff Haskins, East Division, Officer -in -Charge, Durham
Regional Police Service, regarding a Community Safety Update, be received with
thanks.
Carried
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Recess
Resolution # GG-259-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 11:12 a.m. with Mayor Foster in the Chair.
12. Public Works Department Reports
Councillor Hooper chaired this portion of the meeting.
12.1 PWD-019-21 Courtice Shores Drive and Parking Lot
Resolution # GG-260-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PWD-019-21 be received;
That Courtice Shores Drive be improved with surface treatment from the south
limit to the tunnel under the CN Rail line;
That Staff be directed to proceed with the construction of identified parking
facilities on -street and the creation of parking facilities off-street at the Courtice
waterfront;
That the construction of the identified parking facilities be funded through the
Rate Stabilization Fund; and
That all interested parties listed in Report PWD-019-21 and any delegations be
advised of Council's decision.
Carried as Amended Later in the Meeting, See following Motion
Amendment:
Resolution # GG-261-21
Moved by Councillor Neal
Seconded by Mayor Foster
That the foregoing Resolution #GG-260-21 be amended by adding the following
at the end:
That Staff report back to a General Government Committee meeting after
determining the ownership and discussions with the owner identified.
Carried
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12.2
Amendment:
Resolution # GG-262-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #GG-260-21 be amended by adding the following
at the end:
That Staff be directed to adjust the on -street parking vs. off-street parking
to accommodate large trees.
Carried
The foregoing Resolution #GG-260-21 was then put to a vote and carried as
amended.
PWD-020-21 North Village External Servicing and Cost Sharing Agreement
Resolution # GG-263-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report PWD-020-21 be received;
That the Municipality of Clarington be authorized to enter into a Road
Construction Agreement with Smooth Run Developments Inc., Brookfield
Residential (ON) LP, and Go Home Investments Inc. for roadworks on North
Street, Grady Drive, and Regional Road 17;
That the estimated funds for the Municipality's share of the costs in the amount of
$1,139,057 (Net HST Rebate) be funded from the following accounts:
Description
North St Sidewalk (2017)
Account Number
110-32-331-83273-7401
Amount
$85,000
North St Reconstruction (2019, 2020)
110-32-330-83273-7401
$400,000
Structures Rehabilitation (2020)
110-32-330-83275-7401
$410,173
Reg. Rd. 17 Sidewalk (2020)
110-32-331-83428-7401
$160,819
Pavement Rehabilitation (2020)
110-32-330-83456-7401
$83,065
That all interested parties listed in Report PWD-020-21 and any delegations be
advised of Council's decision.
Carried
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General Government Committee Minutes March 29, 2021
The Committee recessed for their one hour scheduled break as per the
Procedural By- law.
The meeting reconvened at 1:00 p.m. with Mayor Foster in the Chair
13. Emergency and Fire Services Department Reports
14. Community Services Department Reports
Councillor Traill chaired this portion of the meeting.
14.1 CSD-001-21 Community Services Department Rates and Fees September 1,
2021 to August 31, 2022
Resolution # GG-264-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report CSD-001-21 be received; and
That Council approve the proposed rates and fees as outlined in Attachment 1 of
Report CSD-001-21 for the period September 1, 2021 to August 31, 2022.
Carried
15. Legislative Services Department Reports
Councillor Jones chaired this portion of the meeting.
15.1 LGS-014-21 Appointment to the Energy from Waste — Waste Management
Advisory Committee (EFW-WMAC)
Resolution # GG-265-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That Report LGS-014-21 be received;
That the Committee consider the applications for appointments to the Energy
from Waste — Waste Management Advisory Committee, and that the vote be
conducted to appoint the citizen representatives, in accordance with the
Appointment to Boards and Committees Policy; and
That all interested parties listed in Report LGS-014-21 and any delegations be
advised of Council's decision.
Carried
Energy from Waste - Waste Management Advisory Committee
That Philip Haylock be appointed to the Energy from Waste — Waste
Management Advisory Committee for a term ending December 31, 2022 or until
a successor is appointed.
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16. Financial Services Reports
Councillor Neal chaired this portion of the meeting.
16.1 FSD-014-21 2020 Annual Investment Report
Resolution # GG-266-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report FSD-014-21 be received for information.
Carried
16.2 FSD-015-21 Traffic Sign Reflectivity Inspection
Resolution # GG-267-21
Moved by Mayor Foster
Seconded by Councillor Jones
That Report FND-015-21 be received;
That the Purchasing Manager in consultation with the Director of Public Works be
given the authority to extend contract CL2016-12 Traffic Sign Reflectivity
Inspection Program for an additional one-year term ending December 31, 2021;
That Advantage Data Collection be awarded the additional one-year extension to
their existing contract CL2016-12 for Traffic Sign Reflectivity Inspection for an
approximate value of $65,000 (Net HST Rebate);
That the estimated funds required for the additional one-year term in the amount
of $65,000 (Net HST Rebate) be funded by the Municipality as provided from the
following accounts:
Description Account Number Amount
Safety Devices/Traffic Signs/Misc. 100-36-384-10315-7112 $65,000
Oper. Supply
That all interested parties listed in Report FND-015-21 and any delegations be
advised of Council's decision.
Carried
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16.3 FSD-016-21 RFP2021-2 Architectural Engineering Services 156 Church St.
Resolution # GG-268-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report FSD-016-21 be received;
That the proposal received from Moon -Matz Ltd, being the most responsive
bidder meeting all terms and conditions and specifications of RFP2021-2 be
awarded the contract for the provision of architectural design, contract
administration and engineering services to complete the interior renovations at
The Shaw House, 156 Church St.;
That the total funds required for this project in the amount of $59,936.64 (Net
HST Rebate) be funded from the approved budget allocation as provided from
the following account:
Description
156 Church St. Renovations - 2020
Account Number Amount
110-36-370-83472-7401 $59,937
That all interested parties listed in Report FSD-016-21 and any delegations be
advised of Council's decision.
Carried
16.4 FSD-017-21 LED Retrofit Budget Reallocations
Resolution # GG-269-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report FSD-017-21 be received; and
That the Director of Financial Services/Treasurer is authorized to reallocate up to
$235,000 from the "Various Streetlights Project" capital account to the "LED
Conversion Project" capital account to complete the necessary streetlight
conversions.
Carried
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16.5 FSD-018-21 Grass Cutting and Median Maintenance Services
Resolution # GG-270-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Report FSD-018-21 be received;
That Howe's Your Yard with an estimated annual bid amount of $537,700 (Net
HST Rebate) being the lowest compliant bidder meeting all terms, conditions and
specifications of tender CL2021-5 be awarded the contract for an initial three-
year term for Grass Cutting and Median Maintenance Services, as required by
the Public Works Department;
That pending satisfactory performance, the Purchasing Manager, in consultation
with the Director of Public Works be given the authority to extend the contract for
this service for up to two additional one-year terms;
That the estimated funds required for the first -year term in the amount of
$537,700 (Net HST Rebate) be funded by the Municipality as provided. The
funds required for the second -year term and the third -year term in the estimated
amount of $1,075,400 (Net HST Rebate) will be included in future budget
accounts. The funding required for the initial one-year term will be funded from
the following accounts:
Description Account Number Amount
Parks Maintenance — Contract — 100-36-325-10115-7155 $537,700
Grass Cutting
That all interested parties listed in Report FSD-018-21 and any delegations be
advised of Council's decision.
Carried
16.6 FSD-019-21 CL2021-6 Supply and Delivery of Bulk Gas and Diesel Fuels
Resolution # GG-271-21
Moved by Mayor Foster
Seconded by Councillor Jones
That Report FSD-019-21 be received;
That W.O. Stinson & Son Ltd. with an estimated annual bid of $479,800 (Net
HST Rebate) being the lowest bidder meeting all terms, conditions and
specifications of CL2021-6 be awarded the contract an initial three-year term for
the Supply and Delivery of Bulk Gas and Diesel Fuels, as required by the Public
Works Department, Emergency and Fire Services Department, Legislative
Services Department and the Community Services Department;
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That pending satisfactory performance, the Purchasing Manager, in consultation
with the Director of Public Works and the Director of Emergency and Fire
Services be given the authority to extend the contract for this service for up to
two additional one-year terms;
That the funds required for the first -year term in the estimated amount of
$479,800 (Net HST Rebate) be funded from respective fleet approved operating
budgets as required. The funds required for the second and third -year term in the
estimated amount of $959,600 (Net HST Rebate) will be included in future
budget accounts; and
That all interested parties listed in Report FSD-019-21 and any delegations be
advised of Council's decision.
Carried
17. CAO Office Reports
18. New Business — Consideration
18.1 BIA Social Media (Councillor Zwart)
Councillor Hooper declared a direct interest in Item 18.1, BIA Social Media as he
is a member of the Bowmanville BIA. Councillor Hooper muted his audio and
video and refrained from discussion and voting on this matter.
Resolution # GG-272-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Municipality of Clarington remit to the Bowmanville BIA a sum not to
exceed $30,000 funded from the Municipality's Safe Restart Program funding
received from the Province of Ontario, to cover 50% of the cost to perform social
media engagement for the Bowmanville BIA, the Newcastle BIA and the Orono
BIA and that the unfunded costs be negotiated between the Bowmanville BIA,
the Newcastle BIA and the Orono BIA.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Traill, and Councillor
Zwart
No (2): Councillor Jones, and Councillor Neal
Carried on a recorded vote (4 to 2)
Councillor Hooper returned to the meeting.
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18.2 Hall Board Funding during COVID-19 (Councillor Traill)
Resolution # GG-273-21
Moved by Councillor Traill
Seconded by Councillor Anderson
Whereas many hall boards have little to no bookings due to COVID-19 and are
struggling to cover the costs of utilities and PPE; and
Whereas even before COVID-19 many boards struggled to cover their utilities,
maintenance and snow removal costs, significantly deterring volunteerism and
contributing to low morale.
Now therefore be it resolved that Staff report back on eligibility criteria for hall
boards to apply for one-time funding from the Tax Rate Stabilization Reserve
Fund (which would be supported by the Safe Restart funds we got from the
Province) to each hall in addition to the $3000.00 grant they have already
received for an amount to be determined per hall board on the basis of need to
cover utilities, PPE and other expenses for the 2021 year; and
That Staff report back on long-term funding options for hall boards with respect to
ongoing snow removal, utilities and maintenance where the hall boards may be
struggling financially in order to ensure the long-term viability of the local boards.
Carried
18.3 Playgrounds (Councillor Traill)
Resolution # GG-274-21
Moved by Councillor Traill
Seconded by Councillor Anderson
Whereas there was extensive discussion during the 2021 budget about the
status of playgrounds across Clarington;
Whereas some older playgrounds in Clarington are in need of repairs and
upgrades;
Whereas there are innovative new options for playgrounds that include outdoor
gym equipment and ziplines which might be appropriate based on the character
of the neighbourhood and usage patterns; and
Whereas Council would like to ensure that the Municipality is providing safe and
accessible playground equipment for children;
Now therefore be it resolved that Staff conduct an assessment of all Clarington
playgrounds and report back to the General Government Committee in
November 2021; and
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That the assessment shall examine the state of all playgrounds with regard to the
following criteria: safety and accessibility; repairs and maintenance; the character
of neighbouring community, usage patterns, and innovation with respect to
equipment.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Neal, and Councillor Traill
No (3): Councillor Hooper, Councillor Jones, and Councillor Zwart
Carried (4 to 3)
Recess
Resolution # GG-275-21
Moved by Councillor Traill
Seconded by Councillor Anderson
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 2:55 p.m. with Mayor Foster in the Chair.
Suspend the Rules
Resolution # GG-276-21
Moved by Councillor Traill
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to add a New Business Item
regarding a Traffic Management Advisory Committee.
Carried
18.4 Traffic Management Advisory Committee (Councillor Traill)
Resolution # GG-277-21
Moved by Councillor Traill
Seconded by Councillor Hooper
That Staff report back in the fall of 2021 with a draft Terms of Reference for a
permanent Traffic Management Advisory Committee be formed with Council,
citizen and DRPS representatives modelled on the Traffic Management
Committee formed on December 6, 1999, through Report WD-48-99 to:
Meet quarterly either via Zoom or later, in -person, to review existing and
future traffic management practices and receive, review and if necessary,
take action on resident complaints, questions and concerns related to
traffic;
2. Review published Traffic Calming Guidelines and prepare a Municipal
policy on traffic calming, for Council's consideration and to facilitate
requests from the public for implementation of traffic calming measures as
set forth in the policy;
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3. Report back to Council in the spring of 2021 with the draft policy, which
shall include mechanisms to implement TMAC recommendations
(including, but not limited to: a reporting link on the Clarington website, a
monitored email account and a separate Facebook page) for the public to
engage directly with the Traffic Management Advisory Committee
("TMAC");
4. Present to Council bi-annually; and
That all interested parties be advised of Council's decision.
Motion Lost
19. Unfinished Business
20. Confidential Reports
20.1 Confidential Memo from Andy Allison, CAO, Regarding a Human
Resources Matter
Closed Session
Resolution # GG-278-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing the following
matters that deal with:
• personal matters about an identifiable individual, including municipal or local
board employees;
• labor relations or employee negotiations;
• litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board; and
• advice that is subject to solicitor -client privilege, including communications
necessary for that purpose.
Carried
15
Page 20
General Government Committee Minutes March 29, 2021
Rise and Report
The meeting resumed in open session at 4:06 p.m.
Mayor Foster advised that two items were discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution
was passed to provide direction to Staff.
20.2 Anaerobic Digestion Facility
21. Adjournment
Resolution # GG-279-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That the meeting adjourn at 4:07 p.m.
Carried
16
Page 21
On Farm Special Events
Delegate Beth Meszaros
General Governance Meeting
April 19, 20219:30 a.m.
Page 22
CLARINGTON OFFICAL PLAN
1. SUSTAINABLE DEVELOPMENT
2. MANAGE GROWTH
3. HEALTHY COMMUNITY
implemented (in part) through
the regulations detailed in the
Municipality's Zoning By-laws
Page 23
SUSTAINABLE DEVELOPMENT
• ENSURE ALL CITIZENS ARE ACKNOWLEDGED
AND INCLUDED IN EVERY FORM OF
GOVERNANCE
• SPECIFICALLY PARTAINING TO ON -FARM
DIVERSIFIED USES/ARGITOURISM, AND
• ON -FARM SPECIAL EVENTS
Page 24
APPLY WISE DIRECTIVES
1. DEVELOP CLEAR, CONCISE
DEFINITIONS
2. SET SPECIFIC PERIMETERS
3. DEVELOP ENFORCEABLE
REGULATIONS
Page 25
MANAGE GROWTH
MUST ALIGN WITH:
1. PROVINCIAL POLICY STATEMENT
2. REGIONAL OFFICIAL PLAN
3. GREENBELT PLAN AND OAK RIDGES
MORRAINE
4. CLARINGTON OFFICIAL PLAN
Page 26
TRIBUNAL CITES INFRACTIONS
• NOT FOUND IN STAFF RECOMMENDED ZONING BY LAW
• NOT DEFINED —SEASONAL, SPECIAL, ACCESSORY
• NOTHING TO REGULATE THE FREQUENCY AND TIMING
• NOT SUFFICIENTLY RESPECTFUL OF PROVINCIAL AND
REGIONAL POLICY
• DID NOT CONFORM TO THE GROWTH PLAN AND
GREENBELT PLAN
See examples14 infractions in LPAT report # 70 - 77, 79-84
Page 27
MANAGE GROWTH
LPAT REPORT PL170178 NOTED CLARINGTON
APPLICATION
1. NOT CONSISTENT WITH THE PPS
2. DID NOT ALIGN WITH THE REGIONAL POLICY
PLAN
3. DID NOT CONFORM TO THE GROWTH PLAN AND
GREENBELT PLAN
Page 28
HEALTHY COMMUNITY
NEIGHBOURS SHARE IN BENEFITS OF LIVING
SIDE BY SIDE
RESPECT OTHERS RIGHT TO ENJOY PROPERTY
ADVOCATE FOR ONE ANOTHER
FEEL SAFE AND SECURE IN THEIR HOMES
Page 29
CLARINGTON OFFICAL PLAN
1. SUSTAINABLE DEVELOPMENT
2. MANAGE GROWTH
3. HEALTHY COMMUNITY
• implemented (in part) through
the regulations detailed in the
Municipality's Zoning By-laws
Page 30
• Why does Clarington not
implement UPAT decisions
regarding special events.?
• LP170178https://olt.gov.on.ca/tribunals
/Ipat/e-status/
Page 31 10
GUIDELINES ON PERMITTED USE ON ONTARIO
PRIME AGRICULTURAL AREAS PUBLICATION 851
• http://www.omafra.gov.on.ca/english/la nd use
/facts/Perm itted usegu ide. Of
• Clarington Agricultural Advisory Committee
used this guide to form there report given in
2016
• Referenced regularly by delegates from Morgan's Rd.
Page 32
FOLLOW THE GUIDLINES
1. Spatial= 2%acreage
2. Temporal = Intermittent events Not
Continuous
3. Not Large scale,Not repeated or Not
permanent
Page 33
Licensing will
• Provide effective regulation
• Maintain compliance with Governing
Bodies
• Ensure events remain secondary
Page 34
MUNICIPALITY'S OBLIGATION
✓Govern without bias Wisdom
✓Adhere to the All applicable Governing bodies
✓Follow the directives given to us from the LPAT
tribunal Knowledge
✓Trust the advice given by Clarington
Agricultural Advisory Committee
Page 35
Cassels
April 16, 2021
By Email
Municipality of Clarington
Municipal Administrative Centre
40 Temperance Street
2nd Floor
Bowmanville, ON L1 C 3A6
Attention: Lindsey Patenaude, Committee Coordinator
Dear Sirs and Mesdames:
ruukkivi@cassels.com
tel: +1 416 860 6613
fax: +1 416 640 3110
Re: Municipality of Clarington General Government Committee Meeting April 19, 2021
Staff Report LGS-016-21
On -Farm Special Event Licensing By-law
We are the lawyers for Nancy Mallette who operates Bloom Field Farm. As you are aware, Ms.
Mallette is the owner of 3745 Durham Regional Hwy 2, in the Municipality of Clarington. Since
2009, Bloom Field Farm has operated an on -farm agri-tourism business that includes among
other things, a successful wedding venue.
The Bloom Field Farm property is the only agriculturally zoned property in Clarington that
operates a legally permitted on -farm special events venue. There is one other property that has
obtained zoning permission but has not commenced operations. We understand there is no
indication they will be doing so soon.
We are writing to voice Bloom Field Farm's objection to the approach to licensing proposed by
the Municipality of Clarington for its proposed On -Farm Special Event Licensing By-law. While
our client does not object to licensing of businesses, per se, we do object to the use of a
licensing by-law to rezone our client's property.
We also object to the use of by-law making authority in a manner that is targeted at our client's
venue. The fact that substantial municipal resources seem to be directed at a single venue, a
venue with a spotless compliance history, is concerning to say the least.
The Draft By-law is a Zoning By-law in Disguise
A municipality cannot, by adopting a descriptive disguise, by using technical language, or use
other steps, to artificially transform a zoning by-law under the Planning Act into a regulatory by-
law under the Municipal Act, 2001. The effect of the draft By-law is to regulate land -use. It is not
a licensing scheme.
t: 416 869 5300 1 Cassels Brock & Blackwell LLP
f: 416 360 8877 I Sulte 2100, Scotla Plaza, 40 King Street West
cassels.com Toronto, ON MSH 3C2 Canada
Page 36
Cassels
April 16, 2021
Page 2
The purpose and effect of the draft By-law also creates an overly -restrictive land use planning
regime that is not consistent with the Planning Act or the Provincial Policy Statement, 2020, and
it does not conform with Provincial Plans, the Clarington Official Plan and the Region of Durham
Official Plan.
In its pith and substance, it is a direct attack on our client's existing zoning approval. We urge
this committee to recommend against adopting this by-law.
The draft By-law seeks to prohibit On -Farm Special Event Uses by making them difficult, and
likely impossible, to operate while remaining profitable. It also reduces the operation of On -Farm
Special Event Uses to a period of time that limits opportunity for innovation in a country where
winter is a significant, and long, season.
The restrictions that are zoning restrictions in disguise include:
• Prohibiting all events or activities that are not permitted as -of -right as an on -farm
diversified use, on lands specifically zoned to permit special events as a use that is
secondary to the agricultural farm operations through the definition of "On -Farm Special
Event".
o This prohibition violates and attempts to modify the rights of all landowners in
Clarington which have specific existing rights under the zoning by-law
o For instance, it is a significant and improper intrusion into the section 3.1
accessory use rights under your zoning by-law, an approach which is practically
speaking consistent across Ontario
• The restriction of On -Farm Special Events from May 1st to October 31 st of each year
• The prohibition of any and all On -Farm Special Events from November 1 st to April 301h of
each year
• The restriction on the right to use a property from 10:01 am to 10:59 pm
• The restriction of On -Farm Special Events on the same property to one event within a
three day interval
• The restriction of On -Farm Special Events on the same property to two events within a
seven-day interval
Page 37
Cassels
April 16, 2021
Page 3
If Council wants to regulate On -Farm Special Events, the only correct and appropriate process
must be through amendments to the Zoning By-law. We can understand that this may make
Council uncomfortable as it requires land use planning work to be undertaken and will open up
the decision to the full mechanics of the public planning process. That is the point. Land use
planning decisions should be subject to this fundamental check and balance put in place by the
Ontario legislature through the Planning Act.
The approach ensures that land -use rights are not artificially taken away from landowners
without a public hearing and a public process, and it also ensures that existing land -uses are
grandfathered under section 34(9) of the Planning Act.
The planning rationale for the draft By-law is vague and arbitrary
There is no evidence provided in any of the Staff Reports that we have reviewed that
demonstrates the purpose of these provisions that restrict off-season events, that limit the
number of events, or that limit the number of people.
The entirety of the by-law appears to be arbitrary and intended to provide maximum land -use
control with no accountability or justification for the requirements. There also appears to be little
to no concern for the recent decision of the LPAT confirming that agri-business is acceptable
and consistent with the Provincial Policy Statement. Through this licensing by-law, the
Municipality is undermining the findings of the LPAT.
No Evidence of Nuisance or Harms to Persons
The conclusions of municipal staff should guide Council when Council is deciding what it should
be trying to regulate. The Staff Reports make it abundantly clear that On -Farm Special Events
do not pose any risk to the health, safety and well-being of persons nor do they present a public
nuisance.
As stated in Staff Report No. LGS-012-21 dated March 8, 2021 (the "March 8th Report"),
3.2 Presently, there are a total of two agriculturally zoned properties in Clarington that have
obtained the required zoning approval to permit on -farm special events. Both properties
are situated in Ward 4. [... ]
3.8 Whether, in fact, such impacts would be actualized is an open question. The almost total
absence of by-law complaints in connection with the two farm properties where on -farm
special events are already permitted suggests that the impacts of these events are
manageable. However, these two locations may not reflect conditions elsewhere in the
Municipality.
Page 38
Cassels
April 16, 2021
Page 4
3.9 Agricultural properties are highly variable in terms of size, topography, orientation, means
of access, proximity to neighbours and a variety of other features. This disparity in
features may result in a disparity of the impacts experienced at each farm location. For
this reason, it is extremely difficult to generalize about the impacts that would be
associated with on -farm special events.
3.10 This overaeneralization represents a disadvantaae associated with the proposed bvlaws
attached to this report. For this reason, Council may want to dispense with the notion of
additional by-laws in favour of a more site -specific approach to regulation. Alternatively,
Council may simply wish to defer consideration of additional by-laws at this time. Council
retains the discretion to revisit the need to enact additional regulations at any point in
time when it becomes evident that impacts associated with all on -farm special events
require such regulation. (Emphasis Added)
The absence of identified harm makes the desire to regulate questionable. This is especially
true since the LPAT has already made findings that On -Farm Special Events venues can
mitigate the impacts of noise — as is extremely common in business operations — concluding
that:
Based on Mr. Coulter's evidence, the Tribunal is satisfied that a seasonal special event venue on
the Site can employ certain reasonable noise mitigation measures that will allow it to operate
within the applicable noise standard.'
We also note that there is already a full and complicated noise regulation regime that exists
under the Environmental Protection Act that regulates the production of noise. There is no need
for municipalities to overregulate in this area, especially when there is no identified problem and
especially when the by-law will impose restrictions based on an inexistent problem in a manner
that is inconsistent with the Environmental Protection Act.
Licensing fee unjustified
There is no rational connection between the proposed licencing fee and the business activity,
especially in light of the fact that there are other businesses that are licensed at much lower
rates. The fee for licence is therefore not enforceable.
A site -specific approach should be engaged
As recommended previously by Staff, a preferable approach would be to take a site -specific
approach. Regulation should occur through review of future planning applications to permit On -
Farm Special Event Uses. Despite the fact that our client has operated their business in a
manner that has never had complaints, it now appears that the draft by-law unfairly attempts to
' Mathias v. Clarington (Municipality), PL170178 at para 55.
Page 39
Cassels
April 16, 2021
Page 5
penalize our client and her business at a time when COVID-19 has created unprecedented
strain on small businesses.
We therefore ask the General Government Committee to refuse to adopt the draft by-law
Should Council choose to proceed with the by-law despite the serious problems identified
above, we urge you to specifically grandfather our client's business by exempting the property
and the business operation from the operation of the licensing by-law. While this will not fix the
legal issues we have identified with the proposed approach, we anticipate our client would not
take issue with the approach. In this regard, we would be pleased to work with staff to identify
language that would be acceptable to our client.
Yours truly,
Cassels Brock & Blackwell LLP
Raivo Uukkivi
RU/JE
Page 40
Introduction
• On Farm Dairy Operation joining over 70 farms in region selling direct to
consumers
• Durham Agriculture Industry contributes $321,700,000 in total production
• Member of Durham Farm Fresh Marketing Association
• 10 years experience working in Canadian Agriculture Industry
• Award winning Marketing Business
Page 41
Issue #1: Definition of on -farm event vague
• `as -of -right' is unclear
• Leaves too much open to interpretation of the bylaw officer
• this is a slippery slope
Page 42
Issue #2: Hours and Seasonality
• May —October will negatively impact farm operations that host
Holiday Events
• The restrictive hours disadvantage farm operations when compared
to non farm event spaces
Page 43
Issue #3: Fees
• The bylaw report compares the fee schedule to those charged to
Boots &Hearts
• On Farm events are mole hills compared to the mountain of boots
and hearts in revenue potential and impact to the community
• Therefore, the proposed fee should be reduced
Page 44
Issue #4: Frequency
• Proposed wording would block 2 events within a long weekend
• This is overly restrictive &unfair when compared to non farm event
spaces
Page 45
Conclusion
• The current proposal is overly restrictive &punitive
• More time is needed to find balance
• Reformulate the draft with specific operational regulations included
as conditions of individual by-laws
• If the other regions within Durham do not restrict on farm events, this
bylaw will push events out of Clarington, taking jobs and tax revenue
• Our community needs opportunity for growth post covid —not
further restrictions
Page 46
General Goverance Meeting
April 19, 2021
Re: Special Events By -Law LGS-012-21
Page 47
The Municfpal Act 2001 a a uthorizes mu rrici pal hies to pass by-laws, iss ue perrn i is an d impose cord i ti o ns on
events.. These by-iaws may require site plans, traffic plans, ern a rgen cy plans and security plans. These -laws
can help ensure uses are reasonable without the need for other approvals.,
On -farm diversified uses: means uses that are secondary to the principal agricultural use of the property.
and are limited In area, Ors -farm diversified uses include. but are not limited to, hor a occupations. home
industries, agrkourrsm uses. and uses that produce value-added agricultural products.
PPS. definitions
2.3.1 PPS Criteria for Orv-Farm Diversified Uses
A11 of the following criteria must be met to qualify as on -farm diversified uses, in accordance with the PPS.
i. Located on a farm.
(from the label -on-farm" diversified uses and from the definition's requirement that the use be
secondary to the principal "agricultural use" of the property)
Guidelines on Permitted Uses 2.3 continues with
"While the PPS definition of on farm diversified uses allows for a wide
range of on -farm economic opportunities, it also requires those uses
be secondary to the principal agricultural use of the property. In
other words, agricultural uses must remain the dominant use of the
property. i nis is
measurea
in spatial
and temporal
terms
Spatially,
the
use must
be
secondary
relative
to the
agricultural use
of
the
property. Temporal considerations apply to uses that are
or intermittenL, such as events."
Recommended Area Calculations for On -Farm Diversified Uses
exi sti ng I a n e ays shared between agricuitural uses e n d on -farm diverstfied uses a re not counted
a rea of axisting bu i Iflings or structu res, bu i It prior to Ap ri 130, 2014, occupied by on4arm diversified
-uses i s b i sceu nted (e.g,, 50 )
• a roe of now bu i Ifli ngs, structu re s, setbee Ins, outdo or ste rage. I andsca ped a rea a, berms, la noways,
parking, etc. are counted at 10
on -farm diversified uses may ooc u py no more tha n of th a property on wh ioh the uses a re located,
to a rnaximurn of I ha
the gross fleo r area of bu i I b i ngs used for on -farm d&erOied uses is I i m ited (e ,,g, 0 of the 2 )
TIC e a pproach to the 0: 1 irnfted i n a rea R criterion is in tern ded to:
• achieve the balance between farnn Ia nd protection required by the PPS and -eco norm is opportunities for
farmers
• i nn prove consi s ten cy a rn o ng nn u nisi palities i n to rms of the I a A area that could be u sed fo r suc h ups
• I eve I the p I ayi ng f i el d for d i fferent types of nn-farm dfversffied uses
• provide flexibility as on -farm diversified uses and owners change
• simplify i m pI e rn a rota Rio n
"Temporal considerations apply that are temporary or
intermittent, such as event uses... Lilt 11tgLAtIlLy driu
thIIIII6 Of CVCI IlJ IIIU3L IIVI II IICI I'ere with cropping
cycles..." PPS 3.2.1.1
La rge-sca Ie, repe ated or perm a neat events are not on -farm d'er ffl-ed u8e� a n d sh n u Id be d i rested to existi ng
facilities such as fairgrounds, parks, community centres and halls, settl8mertt areas or rural elands. Guidelines
on new venues in prime agricOural arias are prodded in Section 3.2 Li rn ited Non -Agricultural Uses
[97] A large event venue capable of being used frequently and year
round is not appropriate on the Site. The proposed event venue
must be better defined and scoped..."
Hours of Operation I Seasonality
.6 No person shall conduct an On -Farm Special Event,
a. between the hours of 11100 PM and 10-100 i or
b. on a date outside the range of May 1 to October 31.
Frequency
.7 No Per on shall h c t more than one On -Farm Special Event on the am e property
within the Municipality in any consecutive three-day i me real _
. 8 No Person shall host more than two C n-Farm Special Everts within the
u n i ci pal ity on t h e sa me property i n a ny con secutive seven -day i me rva l .
Attandanco
2-9 Maximum attendance at an On -Farm Special Evert shall be the lesser of the
capacity determined through the approved Site Plea Agreement, or 300 people_
PART 3 — LICENSING
App I I cations
_ 1 Eve ry applica tion for a Li re ce sh a I I be com p I eted an d s u bm itted an fo rm s
prescribedprescriibed by the Municipal Clerk-
3-2 Eve ry a pplica tion for a Li re ce sh a I 1 n cI nd e,
(a) an annual licensing fee of $500,001
(b) the acid ress of the grope rty p roposed to be u sed for On- Fa rrn Special
Events-,
(c) written proof, satisfactory to the Municipal lerk, that the Applicant is the
Owner;
(d) p roof of a val i d Onta r10 farm bu sin e s reg istratio n nu m be r fo r th e p ro pe rt ,
or proof of exemption from the registration requirements-,
LICENSING
o Licensing relieves the BURDEN of regulation by the community
o Licensing is a TOOL to regulate (e.g. a driver's license, an LCBO license, a fishing
license) misuse of the privilege granted
o Licensing is an INCENTIVE to comply. If there were repeated infractions, the issue
could be resolved in one year, not three
[92] "Rural areas are a critical part of the agricultural
system and way of life in Ontario. Although they are
not prime agricultural areas, they are important and
subject to relevant and thoughtful Provincial policy
and protection. On -farm diversified uses/agritourism
in rural areas are appropriate but, as noted at the
hearing, do not get a "free 28 PL170178 pass," simply
because they are on a farm and will help a farmer(s).
They must align with Provincial policy..." LPAT 2018
Historic Downtown Bowmanville Business Centre (BIA)
Board of Management Meeting Minutes
Tuesday March 9, 2021; 6:30pm
Virtual Meeting due to COVID-19 pandemic
Present: Edgar Lucas, Chair
Laura Holmes, Secretary
Gerri Lucas, Treasurer
Cathy Holmes
Ron Hooper
Erin Kemp
Bonnie Wrightman, CBOT representative
Absent: Justin Barry
Delegations Present: Slav Potrykus — Director of Traffic Services MOC
The meeting was called to order by the Chair.
1. Presentation by Delegations
Mr. Potrykus is the Director of Traffic Services for the MOC. Screen was shared with display of
overhead map to assist with discussion.
98 King St W parking lot driveway has become problematic when vehicles are entering and
exiting at the same time. There is also a sightline issue for exiting vehicles looking eastbound
when a vehicle is parked in the space at 84 King St W. There has been some discussion with the
property owner about creating a second driveway to the west of the current driveway.
However, the property owner is concerned about costs associated with construction of a new
driveway. Construction of a secondary entrance on Scugog St would be more costly as it would
require re -grading and retention walls at the edge of the property line. The property owner
made a request to Traffic Services to remove the parking space at 84 King St W to improve the
sightline issue.
96 King St E (former Bakers Dozen location) has an interested party to take on the lease. There
is a drive thru exit on the west side of the property. To the east of the driveway there is a
parking space and a bus stop. The parking space is a concern for sightline, particularly with
anticipated drive thru use of the new occupant.
Silver St is currently one-way northbound and provides access to the Municipal lot. Concerns
have been raised when vehicles heading eastbound on King St attempt to make a left hand turn
onto Silver St. This is causing traffic back-ups and it has been noted that vehicles waiting in
queue will try to pass on the south side in empty parking spaces. There are also concerns with
sightlines when exiting Silver St onto Church St as it is difficult to see both east and west
because the stop bar is set -back and vehicles must pull forward to see beyond parked vehicles.
Another cause for concern is that vehicles exiting the lot sometimes head the wrong -way
(southbound) on the one-way street. Options for consideration include new signage to allow
only westbound traffic entrance from King St, enhanced one-way traffic signage focusing on
Page 58
Historic Downtown Bowmanville 2
Business Centre (BIA)
March 2021
parking lot entrance/exit, changing traffic direction to one-way southbound with no left hand
turns onto King St and resulting in moving current parking spaces on east side to west side,
changing to two-way traffic north/southbound with removal of all parking spaces and no left
hand turning.
It is understood that loss of parking space is problematic and that there may be unintended
consequences of actions to address issues on Silver St. Mr. Potrykus agreed to review the entire
BIA area to determine if additional new parking spaces can be created. With reversal of traffic
flow on Silver St there may be space for new spots on Silver St or Church St.
C. Holmes raised a concern that vehicles have been temporarily parking/stopping in front of the
fire hydrant and/or across the driveway at 20 King St W while doing order pick ups at a business
across the road. There are hashlines painted on the roadway in this area, however, it is possible
with the winter weather it may have been difficult to seethe lines. Mr. Potrykus suggested that
'No Stopping' signage be installed and will make this request.
Mr. Potrykus would like the BIA to discuss and provide feedback on the removal of the parking
space at 84 King St W, and 96 King St E, and proposed actions related to traffic on Silver St.
Mr. Potykus thanked the Board and departed the meeting.
Moved by G. Lucas, seconded by C. Holmes
THAT the Board will support the removal of parking spaces at 96 King St E and 84 King St W on
the condition that two or more new parking spaces can be created within the BIA area
THAT the Board will support the traffic redirection on Silver St to one-way southbound if it will
aid in creation of new parking spaces on Silver St and/or Church St
2. Adoption of Minutes
Moved by G. Lucas, seconded by R. Hooper
THAT the minutes of the meeting of February 9, 2021 be approved as circulated.
CARRIED
3. Business Arising from Previous Minutes
(a) Digital Main Street
L. Holmes reported that via email the Digital Services Squad member, Zoe Ferguson,
provided a spreadsheet outlining contact made with businesses during the Digital Main
Street program. Outreach to downtown Bowmanville businesses was almost exclusively by
email and the vast majority of outreach went unanswered by business owners. 16 BIA
members received grant.
Page 59
Historic Downtown Bowmanville 3 March 2021
Business Centre (BIA)
B. Wrightman reported that the contract has been extended for one of the DSS members
until June 4. The DSS will be reaching out to businesses to offer digital assistance.
Councillor Hooper reported the OBIAA announced that DMS 2.0 has been extended until the
end of June. Additional funds have been received for overextended grants.
(b) Updates from Mayor's COVID Task Force
The Chair reported that Kay Matthews from the OBIAA presented during the last meeting.
Discussion centered on small business difficulties and recovery plans. Councillor Hooper
reported that the Ontario Small Business Grant was discussed and businesses are
encouraged to apply. B. Wrightman reported that CBOT is able to assist business with
applications.
4. Correspondence
Correspondence was received from
i. Deputy Clerk regarding GG-066-21; Strategic Update on Municipal Branding Strategy (via
email)
ii. Mayor's Office with notification of correspondence with community member about pay
and display parking (via email)
iii. Legislative Services regarding GG-190-21 and Bylaw 2021-032; Electronic Participation at
BIA board meetings (via email)
iv. Communications Director regarding Mayor's notice about vaccination campaign (via
email)
Moved by G. Lucas, seconded by C. Holmes
THAT the correspondence be received for information.
CARRIED
5. Treasurer's Report
The Treasurer presented the following:
i. $207 403.78 in current account, tax levy received today
ii. A portion of the funds will be invested at Edward Jones
iii. There are some stale -dated cheques from last year's vendor refunds
Moved by L. Holmes, seconded by R. Hooper
THAT the Treasurer's Report be adopted as presented.
CARRIED
6. Directors' Reports
(a) Council Liaison — R. Hooper:
Page 60
Historic Downtown Bowmanville 4 March 2021
Business Centre (BIA)
Reported that snow bank removal occurred.
(b) Events — C. Holmes:
Reported that the Family Day weekend window scavenger hunt was a huge success.
Clarington This Week is running an Easter promotion and the BIA has offered a $100
voucher as a prize. Bowmanville Festivals won the Best of the Diamonds award for best
festival in Durham Region beating out all others. BMO is currently getting approvals from
head office for a spring window wrap to replace the current winter theme one. Plans are
being considered for a social distanced Easter Bunny event. One of the restaurant owners
has suggested a prix fix restaurant promo once restrictions ease up. Consideration should
be given to having a shopping event this spring if restrictions allow with a suggestion to
make it a two day event to spread crowds out. Survey will be sent out to business owners to
determine interest. There is no plan to host a major street festival through the end of
August.
(c) Membership Relations —J. Barry:
No report.
(d) Streetscape — G. Lucas:
Reported that banners will be swapped out, winter planters removed, garbage removed
from stationary planters, large winter planters removed
(e) Communications— (vacant):
No report.
(f) Website & Social Media — L. Holmes:
Reported that quotes have been requested for website redesign but were not received in
time for tonight's meeting. After much consideration, L. Holmes has agreed to accept the
project management contract for web redesign.
(g) CBOT Updates— B. Wrightman:
There may be opportunity to leverage some time from the Digital Services member to assist
with website redevelopment. Capacity limit signage has been created and provided to the
BIAS for distribution to business. CBOT hosted a webinar on vaccinations today and a
recorded version is available for viewing.
7. New Business
(a) Parking in Downtown
Page 61
Historic Downtown Bowmanville 5
Business Centre (BIA)
March 2021
Councillor Hooper posed a question to the OBIAA to collect information about other BIA
experience and will report back.
Complimentary parking bags were removed from meters in mid -February. This
coincidentally coincided with the lifting of the provincial shutdown. Several reminders were
sent to business owners during the complimentary parking period that parking was time -
limited and not for all day use by owners, tenants, or employees. Despite this, several
vehicles consistently used streetside parking on an all -day daily basis which restricted access
for customers and curbside pickups.
Parking availability is essential, especially for short-term order pick ups. The pandemic has
had wide-ranging impacts on parking. Board members will monitor the situation downtown
and will report back.
Moved by E. Kemp, seconded by C. Holmes
THAT a letter be sent to Municipal Law Enforcement requesting the report from staff about
the December parking meter bagging pilot project and requesting feedback from staff about
extended bagging during the most recent provincial shutdown.
THAT a letter be sent to the Mayor's office notifying that no change in parking policy is being
requested at this time.
CARRIED
8. Date of Next Meeting
The next meeting of the Board of Management is scheduled to be held on Tuesday April 13,
2021 commencing at 6:30pm in Clarington Meeting Room 1-C, unless COVID restrictions are still
in place in which case the meeting will be held virtually.
9. Adiournment
Moved by L. Holmes, seconded by E. Kemp
THAT the meeting adjourn.
The meeting adjourned at 8:31pm.
CARRIED
Page 62
Newcastle BIA MINUTES March 11, 2021
www. vi llageof newcastle. ca
Attendance: Janeen Calder, Marni Lewis, Valentine Lovekin, Jane Black, Councillor
Marg Zwart, Theresa Vanhaverbeke, Tracey Yates, Councillor Granville Anderson,
Bonnie Wrightman-CBOT, Guest - Steve Brake, MOC
Regrets: Donna Wood, Greg Lewis, Helen Vatandoust, Ann Harley
1. Meeting called to order at 9:05 a.m.
2. Guest - Steve Brake, Director of Public Works -MOC
Accessible Parking Space
Steve advised us that the accessibility parking spot will be in front of the
Town Hall, they need a wide sidewalk in order to create a slope. It was
asked if the spot could be on the south side of King to avoid crossing the
street to shop, and there are 2 accessible spots in the Town Hall parking lot
currently. Steve will inquire and here is the response he was given:
The Accessibility Advisory Committee is specifically looking for a parking spot
on the north side of King Avenue since there presently is one on -street spot
on the south side at Mill Street. As I had noted at the meeting, the
accessible parking spots in the Town Hall parking lot are for Hall use only and
not to be used by shoppers or visitors to BIA businesses.
Newcastle Kind Avenue Revitalization Study - Street Scape
What is the plan for the streetscape progress? The original plan was made in
2014. Timing is forecasted for Phase 1, North St - Mill St. In 2022, Mill St. To
Beaver St. In 2024, Beaver St. To Arthur in 2026.
A link to the study for members to review is provided as follows:
https: //clarintonnet-my.sharepoint.com/:b: //personal/
sb04_clarinton_net/EYGDENfE1OtxCE8ycpKwBTf-LIcDrVLK-_MYLuU3JuA?
e=p3Yxhi
Replacement of Trees
From the list of missing trees provided by Theresa, the Public Works
Department will identify and schedule their replacement. The work will be
dependent on budget availability and confirmation that the placement will
Page 63
not impact with the future streetscape design. I am hopeful that the trees
can be replanted this Spring or Fall. The BIA would like the tree replacement
be made a priority project, and possibly have some say in the choice of trees
to be planted?
Height of Xmas Decorations
As we are replacing our Christmas wreaths this year with snowflake lights,
what is the height they should be hung to not interfere with traffic?
The existing concrete streetlight poles can accommodate larger decorations
of between 6-8 feet. With respect to mounting the decorations they should
be placed at a similar height to the existing banners or approximately 10
feet off the ground. For King Avenue it appears that the pole setback from
the road would allow for the decorations to be placed on the street side. I
do have some experience with purchasing this type of item in the past. One
company that provides this type of fixture is Dekra Lite in British Columbia.
Let me know if you need a contact.
Photocell is attached to the light poles and should turn the lights off and on
automatically when the street lights turn on. We will have the light company
confirm that when installed.
Sidewalk Repairs
The Public Works Department will continue to respond to any sidewalk issues
until such time that sidewalks are replaced under the Streetscape project.
In the meantime, if members note any trip ledges that are present (greater
than 19mm deflection) please report them to operationsCclarington.net
Town Hall Decorative Lip
htinp
As noted at the meeting, the BIA and Hall Board should decide on a
particular theme for the lighting. When decided Public Works will follow-up
on budget allocation and the installation procedure.
3. Approval of February Minutes
Motion by: Janeen Calder Seconded by: Tracey Yates Carried
4. Business Arising from Minutes: n/a
5. President's Report : Discussed his monthly Mayor's call and if there are
any concerns he can pass along.
Page 64
6. Council Report:
Marg and Granville will inquire about the MOC hiring someone to manage the
BIAs social media pages. This is still being discussed and a decision will be
coming very soon.
7. Treasurer's Report:
The bank balance is $25,562.11. The signing authority has been changed to
Marni and Janeen. The 2021 levy check has been mailed.
8. Committee Reports:
Safety Et Decor:
We were approved by council to use the west end money for new Christmas
lights, so I will confirm the order for the new Christmas lights.
Advertising:
Top pages - 218 page views in the last 28 days, 168 new users
home page
/contact -us/
/ business -di rectory/
/community/history/
/gallery/bond-head-beach
Once we confirm with the MOC regarding hiring staff to do the BIAs social
media, we will reach out to a couple of people to take over the website and or
social media from Donna who is moving. Thank you Donna for all your help
with the BIA.
Special Events:
a) Town Hall Lighting n/a
b) Breakfast with Santa- Potentially November 27th
c) Santa Parade - n/a
d) Harvest Festival - n/a
Page 65
e) Easter Scavenger Hunt - A Gift of Art is running this event again this year.
Businesses are asked to submit and question and answer so kids can go online
this year and submit their responses to win the prize. If you are interested
in adding anything to the prize pack (a coupon to get people into your store)
please contact the Gallery. galleryCagiftof-art.com
The Small Business Support Grant is still available to apply to and is very
easy, we encourage you to apply.
Digital Main Street has been extended until June 4th. Our digital service
squad member, Tyler will be reaching out and is in the area to help with
websites, social media presence, E-commence and do an online audit to
what your business can use. Please feel free to contact us if you are
interested.
9. Chamber News:
The Chamber has donated a sign that has been placed on the future site of
the Hospice.
If you have any good news stories about Newcastle please share then with
Jane Black, she would love to share them in the Newcastles of the World
newsletter. j black@rogers.com
10. CIP:
n/a
11. New Business: n/a
12. Next meeting, Thursday, April 8th, 9:00am at Town Hall
13. Motion to adjourn meeting by Jane Black seconded by Theresa
Vanhaverbeke
Page 66
Minutes Orono DBIA Meeting March 11, 2021— 8:00 am Zoom
Present: Karen Lowery, Julie Cashin-Oster, Frank Maitland, Councillor Margaret Zwart, Heather Maitland, Tina
Barrie, Scott Story
Bonnie Wrightman — CBOT
Motion: Approval of minutes from February 11, 2021 meeting Motion: Karen. Second: Frank. Carried
Motion: Approval of the Agenda — Motion: Julie. Second: Karen. Carried
Bonnie Wrightman — CBOT —Tyler is still available — Digital Main Street. Small Business Support Grant — CBOT
is available to assist small businesses with applying for this grant.
Red Zone Signage is available.
Bank Balance $18,000 plus $6,000 to come from tax levy
Treasurer — Municipal solicitor gave the ok for Councillor Zwart to take on the role of treasurer. Councillor
Zwart will follow-up with bank and make an appointment for Karen and her to go in and sign forms.
Benches — Karen has been in contact with Sarah at the municipality to make an outside appointment to
confirm the placement of benches on east side of Main and confirm the number. We need to order them from
Classic Design by March 31 for the 10% discount.
Easter Egg/Bunny Drive thru — we have the eggs from last year's hunt being cancelled due to COVID. Heather
to bundled up the eggs, we could do a drive-thru down into the park, around lot and out. Bunny could use a
pool skimmer to hand the eggs into the car. Colour pages collected as well. Councillor Zwart to check with
municipality if we are able to do this. If not, we will plan for a colouring contest and give out the eggs when
kids drop off pictures. Have a draw for a grand prize.
Next Meeting: April 8, 20218:00 am — via Zoom
Adjourned at 9:00 am
Page 67
Minutes Orono DBIA Meeting April 8, 2021— 8:00 am Zoom
Present: Karen Lowery, Julie Cashin-Oster, Yvonne Maitland, Councillor Margaret Zwart, Amanda Orono Spa,
Tina Barrie
Adam Jeronimo — Business Development Lead CBOT
Motion: Approval of minutes from March 11, 2021 meeting — to be approved at next meeting
Agenda: Update on Benches, Canada Flags for the street, Brochure status and bike racks.
Treasurer — Councillor Zwart — possible bookkeeper, Councillor Zwart would like her to look at paperwork and
get a cost.
Benches — 7 ordered, 2 will be assessable. Karen met with the municipality and region regarding placement.
One assessable bench will be at the town hall and one in front of Apple Blossom Flowers. There will be two
benches replacing the green wood benches at the town hall, one beside Soper Creek Yarn, and the other four
secured along the railing.
Bike Racks — coming... install at park, library, trail head, town hall?? Have to be careful when installed that they
won't interfere with car doors.
Flags — Ian to look into getting a quote to replace/install Canada Flags — including replacing the torn flag at
town hall.
Orono Brochures — final draft stage. Sandy Yorke has been working very hard on this project with assistance
from Karen and Julie. Layout and printing down by the municipality as part of a grant.
Easter Egg/Bunny Drive thru was not allowed so we went with the colouring contest.
Next Meeting: May 13, 2021 8:00 am — via Zoom
Adjourned at 8:45 am
9�
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2097.
The Regional Municipality of Durham
Minutes
Energy From Waste — Waste Management Advisory Committee
Thursday, March 25, 2021
A meeting of the Energy From Waste — Waste Management Advisory Committee was
held on Thursday, March 25, 2021 in Council Chambers, Regional Headquarters,
605 Rossland Road East, Whitby, at 7:00 PM.
1. Roll Call
Present: W. Basztyk, Brock
V. Daram, Ajax
S. Elhajjeh, Clarington
R. Fleming, Pickering
G. Gordon, Whitby
K. Meydam, Clarington
G. Rocoski, Oshawa
J. Vinson, Clarington
Absent: None
Non -Voting Members
Present: A. Burke, Senior Planner, Special Projects, Municipality of Clarington
Councillor Janice Jones, Local Councillor, Municipality of Clarington
L. Kwan, Environmental Specialist, Covanta attended the meeting at
7:16 PM
M. Neild, Facility Manager, Covanta
Staff
Present: G. Anello, Manager, Waste Planning and Technical Services
R. Inacio, Systems Support Specialist — Information Technology
S. Glover, Committee Clerk, Corporate Services — Legislative
Services
2. Welcome and Introductions
G. Anello, Director of Waste Management Services, welcomed the
new and returning committee members to the orientation meeting and
advised that the meeting was an opportunity for the committee
members to introduce themselves and get to know each other. The
members were given the opportunity to provide some of their
background and their interest in the EFW-WMAC.
Page 69
Energy from Waste — Waste Management Advisory Committee Minutes
March 25, 2021 Page 2 of 5
3. Declarations of Interest
There were no declarations of interest.
4. Adoption of Minutes
Moved by G. Rocoski, Seconded by B. Basztyk,
That the minutes of the EFW-WMAC meeting held on
Tuesday, November 24, 2020, be adopted.
CARRIED
5. Announcements
There were no announcements.
6. Presentations
There were no presentations.
7. Delegations
There were no delegations.
8. Correspondence
There were no correspondence items considered.
9. Administrative Matters
There were no administrative matters considered.
10. Other Business
A) Update by Gioseph Anello, Director, Waste Management Services,
The Regional Municipality of Durham
G. Anello provided an update on the following:
i. Durham Region's 2021 Solid Waste Management Budget
ii. Durham Region's Annual Waste Management Reports
iii. Durham Region's Long -Term Waste Management Plan (2021
to 2040)
iv. Durham Region's Organics Management Project
V. Extended Producer Responsibility
vi. Durham York Energy Centre
G. Anello advised that the EFW-WMAC will act in an advisory role to
the Durham Works Committee on issues or concerns which arise with
Page 70
Energy from Waste — Waste Management Advisory Committee Minutes
March 25, 2021 Page 3 of 5
respect to waste diversion, waste management, environmental
performance and monitoring of the EFW facility.
Durham Region's 2021 Solid Waste Management Budget
G. Anello advised that 90% of the Solid Waste Management budget
for 2021 is allotted for non -discretionary items (what the Region is
required to do). He advised that there are two exciting projects for
2021.
The two projects are:
1) Implementation of a biocover at the City of Oshawa Landfill
(closed in 1980) that is made of organic material and will
promote the growth of methane eating microbes that will help
to reduce the Region's greenhouse gas footprint. This pilot
project will be in cooperation with academia and the biggest
challenge will be the monitoring of the project; and
2) Improvements at the City of Oshawa Waste Management
Facility. The project will be aimed at optimizing the operations
at the transfer station to decrease the amount of traffic and
improve the Region's waste management facility diversion
which currently sits at 20-30%. G. Anello advised that a study
will be completed this year regarding improvements to the
waste management facility.
G. Anello advised that staff will be looking at a potential transfer -like
function of the Township of Brock's waste to the Municipality of
Clarington. Staff are currently looking at a transfer function that would
be located at the Township of Brock landfill.
In response to a question from B. Bastzyk regarding a request for
additional information on the bioremediation of the landfills, and the
potential transfer function of the Township of Brock's waste, G. Anello
advised that he would provide a summary to him directly.
Durham Reaion's Annual Waste Manaaement Reports
G. Anello advised that there are two waste management reports
issued annually. The first report is on the Region's diversion efforts,
collection efforts, and total tonnage collected and processed. The
second report is on the performance of the Energy from Waste facility
located in the Municipality Clarington, which is a requirement of the
Environment Compliance Approval (ECA). He advised that the ECA
report will be issued March 31, 2021 and will be available online. He
further advised that M. Smart will email the Committee the associated
links once they are available.
Page 71
Energy from Waste — Waste Management Advisory Committee Minutes
March 25, 2021 Page 4 of 5
Durham Region's Long -Term Waste Management Plan (2021 to
2040)
G. Anello advised that the long-term waste management plan has
gone through the first round of consultation, and staff are preparing to
start the second round of consultation in May. He advised that staff
will report back to the committee with a draft plan for the Committee's
comment and input around the June timeframe. G. Anello advised
that the long-term waste management plan will guide the Region from
2021 to 2040, and that there will be incremental 5-year plans that will
provide the opportunity for a review of the plan and to make
adjustments as needed. He advised that the Plan is aimed to be
presented to the Works Committee and Regional Council in the
Fall/Winter of this year.
Durham Region's Organics Management Protect
G. Anello advised that Durham Region's Organics Management
project will move to an anaerobic digester that will allow the Region to
review the green bin program and investigate the introduction of
diapers and pet waste into the program. He advised that the
anaerobic digester would create methane biofuel which would be
cleaned up to a renewable natural gas. He further advised that the
second part of the project is a mixed waste pre-sort system that will
open the black garbage bags and sort out the organics and non -
combustibles (metals, ferrous and non-ferrous materials), as well as
any marketable recyclables. G. Anello advised that this would help to
delay an expansion of the DYEC beyond 2030-2035.
Extended Producer Responsibility (EPR)
G. Anello advised that currently producers pay 50% of the Region's
costs for: recycling, tires, electronics and household hazardous
waste. EPR will make the producers pay 100% of the costs and also
give them control over the programs. He advised that the incentive
will be for the producers to make changes to their packaging and to
look at producing value in the recycled materials.
G. Anello stated that Durham Region is currently in transition to EPR
with tires, electronical waste and batteries already being migrated
over. He advised that by July the intent is for producers to also
oversee the household hazardous waste program and that the
Region is waiting for the release of the regulations for the blue box
program. He further advised that the Region will most likely transition
the blue box program in 2024.
Page 72
Energy from Waste — Waste Management Advisory Committee Minutes
March 25, 2021 Page 5 of 5
Durham York Enerav Centre (DYEC
G. Anello advised that at each meeting he will provide an update on
the operations at the DYEC. He advised that the DYEC takes the
residual garbage, after the recyclables have been removed, and uses
a mass burn thermal technology where the steam generates
electricity. He further advised that each year the DYEC generates
electricity that goes into the grid and is also used to run the facility.
G. Anello also advised that a tour of the DYEC facility will be
arranged when in -person meetings can resume.
G. Anello asked the Committee to think about the development of an
EFW-WMAC workplan for the next meeting. He advised that M.
Smart will email samples of workplans from other advisory
committees to the Committee.
B) Update by Gioseph Anello, Director, Waste Management Services,
The Regional Municipality of Durham regarding Durham Region's
integrated waste management system and the EFW-WMAC Work Plan
(2021 to 2022 — Term Five)
This item was discussed earlier in the meeting under Item 10. A)
Update by Gioseph Anello, Director, Waste Management Services,
The Regional Municipality of Durham. See pages 2 to 5 of these
minutes.
11. Next Meeting
The next regularly scheduled meeting of the EFW-WMAC will be held
on Tuesday, May 25, 2021 in Council Chambers, at 7:00 PM, Regional
Headquarters, 605 Rossland Road East, Whitby.
12. Adjournment
Moved by G. Gordon, Seconded by K. Meydam,
That the meeting be adjourned.
CARRIED
The meeting adjourned at 8:05 PM.
G. Anello, Director of Waste Management
Services
S. Glover, Committee Clerk
Page 73
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE BOARD OF DIRECTORS
March 18, 2021 (via Zoom)
G RCA 01 /20
1. Welcome and Call to Order
The Chair called the Ganaraska Region Conservation Authority (GRCA) Board of
Directors meeting to order at 7:15 p.m.
MEMBERS PRESENT: Jeff Lees, Chair - Municipality of Port Hope
Mark Lovshin, Vice Chair - Township of Hamilton
Nicole Beatty - Town of Cobourg
Tim Belch — Township of Cavan Monaghan
Brian Darling — Town of Cobourg
Greg Booth - Township of Alnwick/Haldimand
Vicki Mink - Municipality of Port Hope
Tracy Richardson - City of Kawartha Lakes
Margaret Zwart - Municipality of Clarington
ALSO PRESENT: Linda Laliberte, CAO/Secretary-Treasurer
Cory Harris, Watershed Services Coordinator
Ken Thajer, Planning and Regulations Coordinator
Pam Lancaster, Stewardship Technician
ABSENT WITH
REGRETS:
ALSO ABSENT: Joe Neal — Municipality of Clarington
2. Disclosure of Pecuniary Interest
None.
3. Minutes of Last Meeting
Brian Darling asked that the recorded vote for the levy should reflect that he voted in
favour of the levy.
G RCA 01 /21
MOVED BY:
SECONDED BY:
Mark Lovshin
Tracy Richardson
THAT the Ganaraska Region Conservation Authority approve the minutes of the
November 19, 2020 meeting.
CARRIED.
Page 74
Minutes GRCA Board of Directors 01/21 Page 2
4. Adoption of the Agenda
GRCA 02/21
MOVED BY: Nicole Beatty
SECONDED BY: Brian Darling
THAT the Ganaraska Region Conservation Authority adopt the agenda.
CARRIED.
5. Delegations
None.
6. Presentations
a) Natural Hazards Presentation Series — Part 3: Shoreline Hazards
Staff provided an information session on natural hazards regulated under the
Conservation Authorities Act and focused this month's talk on shoreline hazards. Ken
Thajer, Planning and Regulations Coordinator, spoke about the Great Lakes Shoreline
and the 5 tests used when considering development applications in or adjacent to the
hazards. He further provided examples of areas where shorelines had not been regulated
in the past and the problems created as a result. Cory Harris, Watershed Services
Coordinator, explained that shorelines are regulated in order to protect life and property.
He reviewed how the flooding and erosion hazards are defined along the shoreline and
how the regulation limit is determined. Staff also explained dynamic beach hazards and
spoke with regards to the causes of slope instability showing pictures and video to
illustrate examples of significant slope failures along the Great Lakes.
GRCA 03/21
MOVED BY: Nicole Beatty
SECONDED BY: Vicki Mink
THAT the Board of Directors receive the presentation for information.
CARRIED.
b) Lake Ontario Shoreline Management Plan
Staff made a presentation to the Board of Directors on the finalization of the Lake Ontario
Shoreline Management Plan which was completed in partnership with Lower Trent and
Central Lake Ontario Conservation Authorities.
GRCA 04/21
MOVED BY: Nicole Beatty
SECONDED BY: Vicki Mink
THAT the Board of Directors receive the staff report for information; and
THAT the Lake Ontario Shoreline Management Plan — Final Report dated November 5,
2020 and the associated mapping dated March, 2020, Maps 1 to 43, by Zuzek Inc., be
endorsed and accepted for implementation with GRCA regulations and programs; and
Page 75
Minutes GRCA Board of Directors 01/21
Page 3
FURTHER THAT the report be circulated to the County of Northumberland, the
Municipality of Clarington, the Municipality of Port Hope, the Town of Cobourg, the
Township of Hamilton and watershed MP and MPPs.
CARRIED.
7. Business Arising from Minutes
None.
8. Correspondence
a) 01/21 Proclamation of Provisions of the Conservation Authorities Act
GRCA 05/21
MOVED BY: Brian Darling
SECONDED BY: Greg Booth
THAT the Board of Directors received for the correspondence for information.
CARRIED.
b) 02/21 MECP Guidance on submitting
Conservation Authorities Act
This item is actioned under item 11 a) below.
Requests for Minister' `exceptions' under
9. Applications under Ontario Regulation 168/06:
Permits approved by Executive:
GRCA 06/21
MOVED BY: Mark Lovshin
SECONDED BY: Nicole Beatty
THAT the Board of Directors receive the permits for information.
CARRIED.
Permit Application requiring Ganaraska Region Conservation Authority Board of Directors
discussion:
None
10. Committee Reports:
None.
11. New Business:
a) Request for Exemption — Section 17
GRCA 07/21
MOVED BY: Mark Lovshin
SECONDED BY: Nicole Beatty
THAT the Board of Directors request a one-year exemption for the Section 17 (1.1).
CARRIED.
Page 76
Minutes GRCA Board of Directors 01/21
Page 4
A recorded vote is required.
Nicole Beatty — Town of Cobourg - Yes
Tim Belch — Township of Cavan Monaghan - Yes
Greg Booth — Township of Alnwick/Haldimand - Yes
Brian Darling — Town of Cobourg - Yes
Jeff Lees — Municipality of Port Hope - Yes
Mark Lovshin — Township of Hamilton - Yes
Vicki Mink - Municipality of Port Hope - Yes
Tracy Richardson — City of Kawartha Lakes - Yes
Margaret Zwart — Municipality of Clarington - Yes
b) Proclamation of Provisions in the CA Act
G RCA 08/21
MOVED BY:
SEOCNDED BY:
Brian Darling
Tracy Richardson
THAT the Board of Directors amend the Administrative By-laws as set out in this report
to align with recent changes to sections 14, 15, 17 and 21 the Conservation Authorities
Act.
CARRIED.
12. Other Business
None.
13. In Camera
None.
14. Adjourn
The meeting adjourned at 8:30 p.m..
G RCA 09/21
MOVED BY: Tim Belch
SECONDED BY: Nicole Beatty
THAT the Board of Directors adjourn the meeting.
CARRIED.
CHAIR
CAO/SECRETARY-TREASURE R
Page 77
Clarington
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council
From: George Acorn, Director, Community Services I Lee -Ann Reck,
Manager, Client Services
Date: Monday, April 12, 2021
Re: GG-163-21 Youth Engagement in Clarington
At the regular General Government Committee meeting held on Monday, February
16, 2021, Council received a delegation by the Clarington Youth Council regarding
Youth Engagement in Clarington. Community Services staff were asked to determine
whether support is available to support the Youth Council.
As indicated on page three of the February 16, 2021 General Government
Committee Minutes, the Clarington Youth Council bridges the gap between youth
and their municipal government, acts as a shadow to Clarington Municipal Council,
and promotes civic engagement amongst young people.
Vanessa Bilenduke-Guppy of the Community Development team met with Tenzin
Shomar on March 24, 2021 to gain a better understanding of their needs and
planned activities. There were several next steps generated from that meeting:
1) The Clarington Youth Council will share their constitution with staff to review
and therefore identify other avenues for supporting their efforts.
2) The Clarington Youth Council has been referred to the Community Funding
Program for financial and in -kind support. As they are a new organization,
Community Development staff will work to connect them with an existing
agency who may act as a mentor to their application.
3) Community Development staff will work to support the Clarington Youth
Council with the recruitment of Youth Councillor's within Ward 3. The Youth
Council will share images, social media posts, etc.
Page 1 1
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 78
4) The Clarington Youth Council will share their plans for their youth strategy,
which includes a survey to Clarington youth. The results will be shared with
the Municipality of Clarington, community partners and the community at large.
5) Community Development staff will attend the Clarington Youth Council
meetings as needed.
Following this meeting, Community Development staff attended the public Clarington
Youth Council meeting through their Zoom platform. In attendance was the John
Howard Society, Clarington Youth Centre's Coordinator, who made a delegation on
their current youth programs and expressed their support for the Clarington Youth
Council's objectives.
Staff will continue to support the Clarington Youth Council by connecting them to local
networks and resources that support their deliverables.
Thank you for your time.
Name: George Acorn I Lee -Ann Reck
Job Title: Director, Community Services I Manager, Client Services
Department: Community Services
CC:
Department Heads
Vanessa Bilenduke-Guppy, Temporary Community Development Coordinator
Page 12
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 79
Clarftwn
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor Foster and Members of Council
From: Stephen Brake, Director of Public Works
Date: April 13, 2021
Re: Resolution GG-261-21, Courtice Shores Drive and Parking Lot
At the regular General Government Committee meeting held on March 29, 2021, Council
considered staff report PWD-019-21. This report outlined proposed surface treatment
improvements to Courtice Shores Drive and also the construction of both on -street and off-
street parking facilities. In recognition of the report, Council passed Resolution GG-260-21
confirming the improvements but also carried Resolution GG-261-21 that directed staff to
report back after having discussions with the land owner of 113 Down Road. This land
being the vacant parcel situated on the west side of Courtice Shores Drive immediately
north of Lake Ontario.
In response to the direction provided, staff contacted the land owner to advise of the
improvements proposed for Courtice Shores Drive and also to discuss the following matters:
1. Land Swap
The land owner has advised that discussions have occurred in the past with
Clarington's Planning staff respecting the transfer of property. The owner did
acknowledge his awareness that the lands are required by the Municipality to
facilitate the creation of a future Courtice Waterfront Park. Given, however, that the
Secondary Plan for South Courtice is still being developed he is not prepared to
engage in a land swap agreement at this time. The land owner did indicate that when
development begins he expects to be a major supporter of the Courtice Waterfront
Park.
2. Trespass
The land owner is not overly concerned with illegal trespass associated with visitors
accessing the Lake Ontario beach through his property. He understands that
proposed road and parking improvements may lead to additional people in the area.
The owner has advised that he will be taking necessary precautions by installing
blocks to prevent vehicular movements and that advisory signs will be posted.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 80
Page 2
3. Property Boundary
_ It has been confirmed that the land owner's property has been converted to Land
Titles Absolute which means it is guaranteed by the government. An application was
made by the Owner to put the title in that system, and all adjacent landowners were
notified.
R-plan 40R-30564, which was part of the Land Titles Absolute process, shows the
property and the water line mark with respect to Lake Ontario. The property extends
to the edge of the water.
The Courtice Shores Drive and Parking Lot project was ratified by Council at their regular
meeting of April 12, 2021. In accordance with the direction provided in Resolution GG-260-
21 and Resolution GG-262-21, staff will commence the design of this project to adjust
parking in order to accommodate large trees and to proceed with construction at the earliest
opportunity.
Regards,
Stephen Brake
Director
Public Works Department
cc: Sean Bagshaw, Manager of Infrastructure
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page 81
Tribute
communities
April 8, 2021
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attn: Mayor Adrian Foster and Members of Council
Re: Unopened Road Allowance Between Lots 34 and 35, Concession 1,
Former Township of Darlineton
Further to Council's consideration of staff report PWD-003-20, wherein Council chose not to support the
staff recommendation to close and convey the above noted unopened road allowance (ROW), I am
writing to ask Council to review their previous decision and allow for the transfer of the ROW to Tribute
(Prestonvale) Limited based on new information as outlined below.
By way of context, in late 2019, Council, through Resolution #GG-526-19 , provisionally approved the
closure and conveyance of the unopened road allowance. Based on Council's direction, Tribute
requested that the Municipality engage an appraiser (paid for by Tribute) to establish the value of the
subject lands and to complete the formal road closure and conveyance process. The culmination of that
process was the presentation to Council on November 9, 2020, of Staff Report PWD-003-20 which, as
noted, was not supported by Council. In Council's approved Resolution (#GG-420-20), it was noted that
there was a desire to retain the lands "for possible future public purposes" in order to provide for future
municipal objectives such as parkland, trails, and other public benefits.
Subsequent to Council's decision, two options have been considered as a means to address the concerns
of Council:
1. Undertake a land exchange
a. Exchange the ROW lands for the future park and open space lands within the Tribute
(Prestonvale) lands in advance of a draft plan of subdivision application in order to secure a
net benefit to the Municipality of lands for municipal objectives in a timelier manner than
would otherwise be realized.
b. Exchange the ROW lands for future park open space lands on other lands owned by Tribute
in Clarington with the same idea of securing a net benefit to the Municipality.
2. Request Council review their previous decision by providing additional information, particularly
planning information, not included in the previous staff report and recommendation.
With regards to the land exchange options, upon closer review, these options are not supported by
Tribute for the following reasons:
Page 82
April 8, 2021
Municipality of Clari
An exchange of future park and open space lands within the current Tribute (Prestonvale) lands in
exchange for the ROW lands at this time, is technically possible but may be complicated by the fact
that the exact limits of the park, open space, walkway, trail etc. have not been defined by all
stakeholders. Potential complications in the future related to limits of development etc., as part of
the subdivision review process, may lead to unintended issues and confusion as the plan of
subdivision is processed. The delineation of parks, trails and open spaces is best completed through
the Plan of Subdivision review process where such matters are subject to technical review and
public input prior to those features being dedicated to the Municipality at time of subdivision
registration.
• A land exchange involving other Tribute owned lands in the Courtice area is not possible due to the
fact that the ownership structure of each of those properties is unique and non -reciprocal.
Subsequent to Council's decision, the future structure of land use in the Southwest Courtice community
has begun to crystalize with the upcoming Southwest Courtice Secondary Plan. It is appropriate for
Council to re-evaluate its previous decision based on the new information provided by the land use
designations and polices of the new Secondary Plan that has now progressed to the stage where Staff is
preparing a Recommendation Report to Council.
As noted above, the Secondary Plan for the community has advanced to the stage where Committee
and Council will be in a position to consider final approval of the land use designations and policies that
will guide growth and development in the area. The structure of the plan outlines the best location for
new housing, transportation connections, parks, open spaces, and schools. Previously, Council did not
have the benefit of the final structure of the community in southwest Courtice when the decision to
retain the ROW lands was made. With the provision of the recommended Secondary Plan and
associated land uses, Council now has the ability to see the "big picture" in terms of the ultimate plans
for the community.
Based on the land uses in the Secondary Plan and the ability to implement the Secondary Plan to
achieve the Plan's objectives, the retention of the existing ROW lands, in our opinion, creates confusion
and uncertainty as to the Municipality's objectives and therefore, the disposition of the ROW lands
should dealt with by the Municipality now for the following reasons:
• The Secondary Plan provides the direction for the location of future roads, parks, open spaces,
housing etc. Maintaining the ROW, in its current location as a wholly owned strip of municipal land,
is not consistent with the proposed land use structure of the Secondary Plan.
• It is also possible that the Municipality retain ownership of the ROW as development of the land
proceeds, however, in order for a plan of subdivision to proceed, both the Municipality of Clarington
and Tribute would have to jointly file a plan of subdivision application or, alternatively, Tribute
would file two separate plans of subdivision — one on either side of the ROW. Either scenario is
unnecessarily complicated for all parties and would not be preferred.
The ROW extends beyond the southern limits of the Tribute (Prestonvale) lands whereby the
southern portions are owned by two other parties. As such, Council should address the future of
Page 83
April 8, 2021
Municipality of Clari
the entire ROW on a comprehensive basis as it plans for completion and implementation of the
Secondary Plan.
For the Tribute (Prestonvale) lands, as part of a comprehensive plan of subdivision, with the ROW
being transferred to Tribute, the Municipality will receive parkland, open space block(s), storm
ponds and roads in the amount of 17.16 Ha or 42.4 acres as part of the subdivision process. The
municipality will receive a net benefit of 16.13 Ha. or 39.8 acres.
For the reasons noted above, Tribute (Prestonvale) requests that Council review its previous decision
regarding the closure and conveyance of the unopened road allowance and support the transfer of the
lands to Tribute (Prestonvale) at this time in order to facilitate the completion and approval of the
Southwest Courtice Secondary Plan and the planned development of the southwest Courtice community
in the manner envisaged by the Secondary Plan.
Your consideration of our request is appreciated.
Yours truly,
Tribute (Prestonvale) Limited
per Jeff Solly
C. c. Andy Allison — Chief Administrative Officer
Ryan Windle - Director— Planning and Development Services
Steve Deveaux— Executive Vice President —Tribute Communities
Page 84
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: April 19, 2021 Report Number: PWD-021-21
Submitted By: Stephen Brake, Director of Public Works
Reviewed By:
File Number:
Andrew C. Allison, CAO
Resolution#:
By-law Number: 2014-059
Report Subject: Proposed Amendments to Traffic By-law 2014-059
Recommendations:
1. That Report PWD-021-21 be received; and
2. That the By-law attached to Report PWD-021-21, as Attachment 1, be approved.
Page 85
Municipality of Clarington
Report PWD-021-21
Report Overview
Page 2
The purpose of this report is to update Schedule 1 of the Traffic and Parking By-law 2014-
059, to reflect changes in field conditions.
1. Background
1.1 The purpose of Traffic and Parking By-law 2014-059 is to regulate traffic and parking on
Clarington highways, municipal parking lots and certain parking aspects on private
property. Proposed update addresses a specific change to Schedule 1 of By-law 2014-
059 and is included in Attachment 1.
2. Overview of changes to Schedule 1
2.1 Schedule 1 — No Stopping
Change includes a new No Stopping Anytime regulation fronting #21 Beech Avenue due
to an overhanging tree limb identified as a hazard feature.
3. Concurrence
This report has been reviewed by the Director of Public Works and the Municipal
Solicitor who concur with the recommendations.
4. Conclusion
It is respectfully recommended that Council accept the proposed change to Schedule 1,
of By-law 2014-059, as detailed in the attached By-law to this report.
Staff Contact: Slav Potrykus, Traffic Engineering Supervisor, 905-623-3379 x2315 or
spotrykus@clarington.net.
Attachments:
Attachment 1 — By-law
Interested Parties:
There are no interested parties to be notified of Council's decision.
'�
Attachment 1 to Report PWD-021-21
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2021-XXX
Being a by-law to amend By-law 2014-059 entitled "a By-law to Regulate Traffic and
Parking on Highways, Private Property and Municipal Property".
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend by-law 2014-059;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule 1 of Clarington By-law 2014-059 is amended by adding the following
line:
Beech Avenue, East, 65 m North of Lowe Street and 95 m North of Lowe Street,
Anytime
2. That this By-law come into effect on the date it is enacted.
Passed in Open Council this XX day of MMMM, 2021.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Page 87
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: April 19, 2021 Report Number: LGS-015-21
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Andrew C. Allison, CAO By-law Number:
File Number: Resolution#:
Report Subject: Retiree Health Benefits
Recommendation:
1. That Report LGS-015-21 be received for information.
Municipality of Clarington
Report LGS-015-21
Report Overview
Page 2
At the Council meeting held on March 1, 2021, Staff were directed to report back on the
increased cost and coverage including out of country travel coverage, for retiree health
benefits.
1. Background
Retiree Benefit Coverage
1.1 Retiree benefits provide eligible employees the following benefit coverage from date of
retirement to age 65: extended health benefits, including prescription drugs, vision care,
paramedical services and out of country travel, dental, and life insurance.
1.2 CUPE Local 74 and Clarington Fire Fighters Association Local 3139 have specific
provisions for retiree benefits in each of their Collective Agreements outlining eligibility
criteria. Non-affiliated staff have the same eligibility criteria as both groups.
Out of Country Travel Claims/Costs (active and retired employees)
1.3 In order to protect the benefit plan against the impact of any unusual claims occurring
outside of Canada, a pooling arrangement is included for these claims. The full amount
of each claim is removed from the Municipality's claims experience when determining
rate renewals. Thus, protecting future rate increases against any unusual out of country
claims. This would include any claims resulting from COVID-19 related illnesses.
1.4 Out of Country Travel claims as a percentage of all extended health claims for the last
three years are as follows: 2017/2018 — 0.7 per cent, 2018/2019 — 0.2 per cent,
2019/2020 — 2.4 per cent. This includes claims for active and retired plan members for
all groups.
1.5 Sun Life applies a pooling charge for this arrangement. This charge is determined
based on Sun Life's overall out of country claims costs on their entire block of business.
1.6 Sun Life provides an overall premium rate for extended health benefits. They estimate
that based on their entire book of business the cost of Out of Country Travel benefits for
a single retiree is anywhere from $24 - $36 per year. They have not implemented any
additional charges for Out of Country Travel because of the COVID-19 pandemic.
Travel Advisories and Travel Restrictions
1.7 On March 13, 2020, the Government of Canada put an official global travel advisory into
effect advising against non -essential travel outside Canada. This advisory remains in
effect. This advisory does not restrict Canadians from travelling outside of Canada.
Municipality of Clarington
Report LGS-015-21
Page 3
1.8 In addition, all travellers arriving into Canada, 5 years of age or older, are required to
show a negative COVID-19 molecular test result taken within 72 hours of their
scheduled time of departure or prior to crossing the border into Canada.
2. 2020 Benefit Renewal
2.1 Through Council Resolution #C-437-20 (Report COD-019-20) the renewal for the Health
Benefit Program with Sun Life was renewed through to November 1, 2021.
2.2 The renewal included an overall 4.4 per cent net decrease in cost of the benefit
program. Extended health coverage claims, which includes Out of Country Travel, had
a reduction of 7.7 per cent in total claims costs resulting in a 12 per cent decrease in
premiums for this category.
3. Current Situation
3.1 Travel advisories remain in effect with on -going requirements to quarantine upon return
to Canada and to provide a negative COVID-19 molecular test result taken within 72
hours prior of return. These factors may influence retiree members' decisions to travel
out of Canada, as they have active members.
3.2 Sun Life has not implemented additional charges relating to Out of Country travel
benefits.
3.3 It is anticipated that the 2021 Health Benefit Program renewal will also be impacted by
the ongoing COVID-19 pandemic as it was in 2020. Many service providers have yet to
return to pre -pandemic service levels. At this time, it is too early to determine if the
impacts will result in decreased premium rates as they did for the 2020 renewal.
4. Concurrence
This report has been reviewed by the Director of Financial Services/Treasurer who
concurs with the recommendation.
5. Conclusion
It is respectfully recommended that this report be received for information.
Staff Contact: Lisa Wheller, Human Resources Manager, 905-623-3379 ext. 2205 or
Iwheller@clarington.net
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 90
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: April 19, 2021 Report Number: LGS-016-21
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Andrew C. Allison, CAO
By-law Number:
File Number: L1000-47 Resolution#: C-111-21
Report Subject: On -Farm Special Event Licensing By-law
Recommendation:
1. That Report LGS-016-21 be received for information
Page 91
Municipality of Clarington
Report LGS-016-21
Page 2
Report Overview
This Report presents the details of a draft On -Farm Special Event Licensing By-law that was
requested by Council on March 22, 2021.
1. Background
1.1 At the Council meeting of March 22, 2021, Resolution #C-111-21 was passed which
provided in part:
"That Attachment 2 to Report LGS-012-21, to proceed with a licensing regime for on -
farm special events, be endorsed".
1.2 The draft licensing by-law is found at Attachment 1 of this Report.
1.3 There remains considerable disagreement between the interested parties regarding the
regulations contained in the draft by-law. The most controversial provisions of the draft
by-law are briefly summarized in Section 2 of this Report. These provisions have also
been highlighted in the draft by-law for ease of reference.
1.4 Members of Council will recall that the Staff recommendation was to forego the licensing
by-law in favour of site -specific regulations to be established at the time of approval of a
zoning by-law amendment and site plan. As another alternative, the draft by-law could
be reformulated such that the specific operational regulations would be included as
conditions of each individual by-law. This would achieve Council's objective of providing
for a system of licenses, while also affording the opportunity to tailor regulations to each
unique farm property.
2. By-law Provisions
Hours of Operation / Seasonality
2.1 Section 2.6 of the draft by-law prohibits on -farm special events from occurring between
11:00 p.m. and 10:00 a.m. and establishes that events may only be held from May 1 to
October 1.
2.2 Aspiring operators of on -farm special events and their supporters generally viewed
these operational parameters as too restrictive. A specific request was made to allow for
events to cease at 12 midnight, with sound amplification equipment to be turned off at
11:00 P.M.
2.3 Another specific request was submitted to permit events during the Christmas season in
addition to the period of May to October.
Page 92
Municipality of Clarington
Report LGS-016-21
Frequency
Page 3
2.4 Sections 2.7 and 2.8 of the draft by-law provide that no more than one event may be
held in any consecutive three-day interval, and no more than two events in any seven-
day interval.
2.5 This essentially limits the number of events to one per weekend and two per week
during the event season.
2.6 Operators again view these limitations as overly restrictive. The submission was made
that permission for two wedding events on a long weekend would be more reasonable.
A further submission was made that the restriction on the frequency of events should
apply only to events that occur after daylight hours, and the daytime events should be
counted separately.
2.7 Others were vigorously opposed to more than one event per weekend.
Maximum Attendance
2.8 Section 2.9 of the draft by-law establishes the maximum attendance for an on -farm
special event of the capacity determined as part of the site plan approval, or 300
persons, whichever is less.
2.9 Some individuals were concerned that a 300-person maximum attendance was too
high.
Annual Licensing Fee
2.10 Section 3.2 of the draft by-law would establish an annual licensing fee of $500. This
amount is in line with the permit fee for a larger scale special event of over 500
attendees (e.g. Boots and Hearts) but is higher than the annual fee under the Kennel
By-law or the Refreshment Vehicle By-law (both $200).
2.11 In order to remain competitive, some operators expressed a preference for a lower fee
of perhaps $250.
License Term
2.12 Section 3.12 of the draft by-law requires that a license be obtained annually. A specific
request was submitted to see this licensing term extended to a three-year term to
provide for more certainty when booking events more than one year in advance.
Page 93
Municipality of Clarington
Report LGS-016-21
Set Fines
Page 4
2.13 A set fine schedule is provided with the by-law to provide for simplified enforcement of
minor by-law infractions.
2.14 Set fines are subject to approval by the Ontario Ministry of the Attorney General. It is
unusual for approval to be obtained for set fine amounts in excess of approximately
$500, and Ministry staff review the proposed fines to determine reasonableness and
proportionality.
2.15 Nevertheless, some individuals were concerned that the proposed set fine amounts
would not be adequate to deter contraventions of the draft by-law.
3. Concurrence
Not Applicable.
4. Conclusion
This report summarizes the contents of the draft licensing by-law and provides some
commentary on some of its controversial aspects. While not mandatory, Council may
choose to enact the draft by-law, or to make amendments to the by-law based on
submissions received from the public.
Staff Contact: Robert Maciver, Director of Legislative Services/Municipal Solicitor, 905-623-
3379 ext. 2013 or rmaciver@clarington.net.
Attachments:
Attachment 1 — Draft On -Farm Special Event Licensing By-law
Interested Parties:
List of Interested Parties available from the Legislative Services Department.
Page 94
Attachment 1 to Report LGS-016-21
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2021-XXX
Being a by-law to license On -Farm Special Events
WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the
Municipality to pass by-laws respecting the health, safety and well-being of persons;
WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a
matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting
the matter; and (c) provide for a system of licences respecting the matter;
WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may
provide for a system of licences with respect to any business wholly or partly carried on
within the municipality, including the sale or hire of goods or services on an intermittent or
or one-time basis; and
AND WHEREAS subsection 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides
that a local municipality may prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of council, are or could become or cause public
nuisances;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
PART 1 - INTERPRETATION
Definitions
1.1 In this By-law,
"Applicant" means a person seeking a licence pursuant to this By-law;
"Enforcement Officer" means a Municipal Law Enforcement Officer whose duties
include the enforcement of this By-law;
"Licence" means a licence issued pursuant to this By-law;
"Licensee" means a person to whom a Licence has been issued in accordance
with this By-law;
"Municipal Clerk" means Clerk of the Municipality or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
Page 95
"On -Farm Special Event" means an event or activity that is not permitted as -of -
right as an on -farm diversified use, on lands specifically zoned to permit special
events as a use that is secondary to the agricultural farming operations;
"Owner" means the registered or beneficial owner of farm property;
"Person" means an individual or a corporation, and "Persons" has a
corresponding meaning; and
"Zoning By-law" means a by-law passed by the Municipality pursuant to section
34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By-law 84-63
and Oak Ridges Moraine Zoning By-law 2005-109, or their successors.
References
1.2 In this By-law, reference to any Act or by-law is reference to that Act or by-law as
it is amended or re-enacted from time to time.
1.3 Unless otherwise specified, references in this By-law to Parts and sections are
references to Parts and sections in this By-law.
Word Usage
1.4 This By-law shall be read with all changes in gender or number as the context
requires.
1.5 In this By-law, a grammatical variation of a word or expression defined has a
corresponding meaning.
Application
1.6 This By-law applies to all On -Farm Special Events in the Municipality unless
otherwise specified.
PART 2 — PROHIBITIONS
Operation
2.1 No person shall conduct an On -Farm Special Event without a Licence.
2.2 The Owner or designate must be on scene during the On -Farm Special Event.
2.3 No Person shall contravene any condition of site plan approval, or any provision
within a site plan agreement made pursuant to section 41 of the Planning Act,
R.S.O. 1990, c. P.13, that is applicable to land that is subject to this By-law.
2.4 No Owner shall permit any activity on their property within the Municipality that is
prohibited by this By-law.
2
Page 96
2.5 Nothing in this By-law exempts an Owner of a farm property from any requirement
in any Zoning By-law, or in any way changes the land uses permitted for a farm
property pursuant to any Zoning By-law.
Hours of Operation / Seasonality
2.6 No person shall conduct an On -Farm Special Event,
a. between the hours of 11:00 PM and 10:00 AM; or
b. on a date outside the range of May 1 to October 31.
Frequency
2.7 No Person shall host more than one On -Farm Special Event on the same property
within the Municipality in any consecutive three-day interval.
2.8 No Person shall host more than two On -Farm Special Events within the
Municipality on the same property in any consecutive seven-day interval.
Attendance
2.9 Maximum attendance at an On -Farm Special Event shall be the lesser of the
capacity determined through the approved Site Plan Agreement, or 300 people.
2.10 No person conducting an On -Farm Special Event shall permit more than the
maximum number of attendees as stated in the On -Farm Special Event Licence to
attend the event, including persons participating in or working at the event.
PART 3 — LICENSING
Applications
3.1 Every application for a Licence shall be completed and submitted on forms
prescribed by the Municipal Clerk.
3.2 Every application for a Licence shall include,
(a) an annual licensing fee of $500.00;
(b) the address of the property proposed to be used for On -Farm Special
Events;
(c) written proof, satisfactory to the Municipal Clerk, that the Applicant is the
Owner;
(d) proof of a valid Ontario farm business registration number for the property,
or proof of exemption from the registration requirements;
Page 97
(e) confirmation of a Municipally approved site plan; and
(f) proof of commercial general liability insurance acceptable to the Director of
Financial Services and subject to limits of not less than two million dollars
inclusive per occurrence for bodily injury, death and damage to property
including loss of use thereof.
3.3 Every Licence shall be posted in a conspicuous location on the premises of the
On -Farm Special Event.
3.4 A Licensee shall comply with all conditions of a Licence.
Review
3.5 The Municipal Clerk is authorized to receive and consider all applications.
3.6 The Municipal Clerk is authorized to issue or refuse to issue any Licence, either
with or without conditions.
3.7 As a condition of a Licence, the Municipal Clerk may require that a Licensee enter
into an agreement to limit or mitigate the impacts to the occupants of neighbouring
properties.
3.8 In addition to any other condition or requirement of this By-law, every Licence
issued shall be subject to the condition that compliance with all applicable Federal,
Provincial and Municipal laws, by-laws, rules, regulations, orders, approvals,
permits, standards, and all other governmental requirements is required.
Refusal
3.9 The Municipal Clerk shall refuse to issue or renew a Licence if,
(a) the Applicant is not the Owner of the subject property;
(b) the Applicant is not at least 18 years of age;
(c) the application is incomplete;
(d) the prescribed Licence fee has not been paid;
(e) the Applicant submits false, mistaken, incorrect or misleading information in
support of the application;
(f) an Enforcement Officer, by way of inspection, has determined that the
property is not in compliance with the approved Site Plan Agreement; or
(g) There is reason to believe that the carrying on of the On -Farm Special
Event(s) at the property would contravene any applicable condition, rule, or
law.
2
General
3.10 Licences are not transferrable.
3.11 The issuance of a License does not represent a commitment by the Municipality
or the Municipal Clerk to issue a Licence in a subsequent year.
Term
3.12 Licences are valid from the date of issuance and expire on November 1 in the
calendar year in which they are issued, unless revoked or suspended at an earlier
date.
PART 4 — MANAGEMENT AND RECORDS
4.1 Every Licensee shall retain records of all On -Farm Special Event activity during the
period of the License, for the period of six months following the end of the term of
the Licence.
PART 5 — ENFORCEMENT
5.1 Where any Person contravenes any provision of this By-law, an Enforcement
Officer may direct such Person to comply with this By-law. Every Person so
directed shall comply with such direction without delay.
Powers of Entry
1,
1i
5.2 An Enforcement Officer, whether alone or accompanied by an individual
possessing special or expert knowledge or skills, may enter on land at any
reasonable time for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
(a) this By-law;
(b) a direction or order of the Municipality made under the Municipal Act, 2001,
S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c.
25.
5.3 For the purposes of an inspection under this By-law, an Enforcement Officer
may:
(a) require the production for inspection of documents or things relevant to the
inspection;
5
Page 99
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection.
5.4 In addition to any other provision of this By-law, and subject to the provisions of
the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the
peace may issue an order authorizing the Municipality to enter on land, including
a room or place actually being used as a dwelling, for the purpose of carrying out
an inspection to determine whether or not the following are being complied with:
(a) this By-law;
(b) a direction or order of the Municipality made under the Municipal Act, 2001,
S.O. 2001, c. 25 or this By-law; or
(c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c.
25.
Obstruction
It
5.5 No Person shall hinder or obstruct, or attempt to hinder or obstruct, an
Enforcement Officer from lawfully carrying out a power, duty or direction under
this By-law.
Suspension of Licence
5.6 The Municipal Clerk may suspend a Licence if the Licensee fails to comply with
any provision of this By-law and such non-compliance is not remedied within 7
days, or other time period as deemed appropriate by the Municipal Clerk,
following notice from the Municipality specifying the particulars of the non-
compliance.
Revocation of Licence
5.7 The Municipal Clerk may revoke a Licence if,
(a) it was issued in error;
no
Page100
(b) it was suspended in accordance with the provisions of this By-law and no
satisfactory evidence of compliance has been filed with the Municipality
within 60 days from the date of suspension;
(c) it was issued as a result of false, mistaken, incorrect, or misleading
statements, information or undertakings contained in the application or any
supporting materials;
(d) the Licensee is not in compliance with any Licence condition; or
(e) upon the request of the Licensee.
5.8 The Municipal Clerk shall immediately inform the Licensee of a revocation and
the reasons for it by means of contacting the Licensee at the address provided in
the application. The Municipal Clerk shall also notify all affected agencies.
Offences and Penalties
5.9 Every Person, other than a corporation who contravenes any provision of this By-
law, is guilty of an offence and on conviction is liable, for every occurrence, day
or part thereof upon which such offence occurs or continues, to a fine of not more
than $10,000 for a first offence; and not more than $25,000 for any subsequent
conviction.
5.10 Every corporation which contravenes any provision of this By-law, is guilty of an
offence and on conviction is liable, for every occurrence, day or part thereof upon
which such offence occurs or continues, to a fine of not more than $50,000 for a
first offence, and not more than $100,000 for any subsequent conviction.
5.11 Without limiting any other section of this By-law, every Person who contravenes
any provision of this By-law is guilty of an offence and on conviction is liable to a
fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33.
5.12 If any Person is in contravention of any provision of this By-law, and the
contravention has not been corrected, the contravention of the provision shall be
deemed to be a continuing offence for each day or part of a day that the
contravention remains uncorrected.
5.13 Where any Person contravenes any provision of this By-law, such Person shall
be responsible for all costs incurred by the Municipality directly related to the
contravention.
7
Page 101
PART 6- GENERAL
Severability
6.1 Each section of this By-law is an independent section, and the holding of any
section or part of any section of this By-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other sections of this By-
law.
Conflict
6.2 In the event of a conflict of a conflict between any provision of this By-law and
any applicable Act or regulation, the provision that is the most restrictive prevails.
Schedules
6.3 The following Schedules are attached to and form an integral part of this by-law:
Schedule "A" — Set Fines
Short Title
6.4 The short title of this By-law shall be the "On -Farm Special Event Licensing By-
law".
Effective Date
6.5 This By-law shall be effective on the date that it is passed.
By-law passed this XX day of XX, 2021
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
N.
Page102
Schedule "A"
MUNICIPALITY OF CLARINGTON
PART I Provincial Offences Act
By-law #2021-XXX: On -Farm Special Event Licensing By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision creating
Set Fine
or defining offence
1
Conduct an On -Farm Special Event
s. 2.1
$500.00
without a valid Licence
2
Contravene a condition of site plan
s. 2.3
$300.00
approval
3
Conduct an On -Farm Special Event
2.6(a)
$300.00
during prohibited hours
4
Conduct an On -Farm Special Event
2.6(b)
$300.00
during prohibited date range
5
Conduct more than one On -Farm Special
2.7
$300.00
Event in three-day interval
6
Conduct more than one On -Farm Special
2.8
$300.00
Event in seven-day interval
7
Exceed maximum permitted attendance
2.9
$300.00
8
Failure to display License in a
3.3
$50.00
conspicuous location
9
Failure to comply with conditions of a
3.4
$300.00
Licence
"NOTE: The penalty provision for the offences indicated above is section 5.11 of by-law
no. 2021-XXX, a certified copy of which has been filed".
Page103
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: April 19, 2021 Report Number: FSD-020-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: CL2021-3 By-law Number:
Report Subject: Emergency Tree Pruning Removal & Hydro Line Clearing Registry
Recommendations:
1. That Report FSD-020-21 be received;
2. That Asplundh Canada ULC, Cressman Tree Maintenance & Landscaping Ltd.,
Davey Tree Expert Co. of Canada Limited, Ontario Line Clearing & Tree Experts Inc.
and Rockwood Tree Services Ltd. having met all terms, conditions and
specifications of CL2021-3 be awarded the contract for an initial three-year term for
the Emergency Tree Pruning Removal and Hydro Line Clearing Registry, as
required by the Public Works Department;
3. That pending satisfactory performance, the Purchasing Manager, in consultation
with the Director of Public Works be given the authority to extend the registry
contract for up to two additional one-year terms;
4. That the estimated funds required for the first -year term in the amount of $80,000
(Net HST Rebate) be funded by the Municipality as provided. The funds required for
the second -year term and the third -year term in the estimated amount of $160,000
(Net HST Rebate) will be included in future budget accounts. The funding required
for the initial one-year term will be funded from the following account:
Description
Account Number
Amount
Parks/Forestry/Contracting
100-36-325-10215-7163
$80,000
5. That all interested parties listed in Report FSD-020-21 and any delegations be
advised of Council's decision.
Page104
Municipality of Clarington
Report FSD-020-21
Report Overview
To request authorization from Council to award CL2021-3 Emergency Tree Pruning
Removal & Hydro Line Clearing Registry.
1. Background
Page 2
1.1 Tender specifications for the Emergency Tree Pruning Removal & Hydro Line Clearing
Registry were prepared by the Public Works Department and provided to the
Purchasing Services Division.
1.2 The tender was issued to establish an emergency tree service registry whereby bidders
are sorted from the lowest to the highest cost for each type of service and equipment
listed to establish their position. The Municipality will call out the vendors on the registry,
based on lowest to highest cost and availability as required and may take into
consideration the requirements of the work and compare to the vendor's prices and
equipment.
1.3 Tender CL2021-3 was issued by the Purchasing Services Division and advertised
electronically on the Municipality's website. Notification of the availability of the
document was also posted on the Ontario Public Buyer's Association website.
1.4 Seven plan takers downloaded the tender document.
2. Analysis
2.1 The tender closed on February 12, 2021.
2.2 Seven bids were received in response to the tender call.
2.3 The bids were reviewed and tabulated by the Purchasing Services Division and two bids
were deemed non -compliant. The results were forwarded to the Public Works
Department for their review and consideration.
2.4 After review and analysis by the Public Works Department and the Purchasing Services
Division, it was mutually agreed that the five compliant bidders, Asplundh Canada ULC,
Cressman Tree Maintenance & Landscaping Ltd., Davey Tree Expert Co. of Canada
Limited, Ontario Line Clearing & Tree Experts Inc. and Rockwood Tree Services Ltd. be
recommended for award of tender CL2021-3.
Page105
Municipality of Clarington
Report FSD-020-21
Page 3
2.5 Asplundh Canada ULC, Cressman Tree Maintenance & Landscaping Ltd. and Ontario
Line Clearing & Tree Experts Inc. have satisfactorily completed work for the Municipality
of Clarington in the past. Davey Tree Expert Co. of Canada Limited and Rockwood Tree
Services have not completed work for the Municipality of Clarington and references
were checked and came back satisfactory.
3.1 The annual estimated funding required for this work is $80,000 (Net HST Rebate). The
work will be funded from the 2021 approved budget allocation as provided. The
estimated funding for the second -year and third -year term will be included in future
budget accounts. The funding required for the first -year term will be funded from the
following account:
Description
Account Number
Amount
Parks/Forestry/Contracting
100-36-325-10215-7163
$80,000
3.2 Pricing submitted for the Emergency Tree Pruning Removal & Hydro Line Clearing
Registry will remain firm for the first contract year. For subsequent contract years, the
unit prices will be adjusted at the time of contract renewal by the annual percentage
change in the most recent issuance of the Consumer Price Index (CPI), All Items,
Ontario as published by Statistics Canada and the pricing will remain firm for the
contract year.
3.3 The total estimated contract is for three years plus two optional additional years and is
approximately $400,000 (Net HST Rebate).
3.4 Queries with respect to the department needs should be referred to the Director of
Public Works.
4. Concurrence
This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
Page106
Municipality of Clarington
Report FSD-020-21
5. Conclusion
Page 4
It is respectfully recommended that Asplundh Canada ULC, Cressman Tree
Maintenance & Landscaping Ltd., Davey Tree Expert Co. of Canada Limited, Ontario
Line Clearing & Tree Experts Inc. and Rockwood Tree Services Ltd. all being compliant
bidders be awarded the contract for Emergency Tree Pruning Removal & Hydro Line
Clearing Registry per the terms and conditions of Tender CL2021-3.
Staff Contact: David Ferguson, Purchasing Manager, (905) 623-3379 x2209 or
dferguson@clarington.net.
Attachments:
Attachment 1 — Summary of Bid Results
Interested Parties:
List of Interested Parties available from Department.
Page107
Municipality of Clarington
Report FSD-020-21
Page 5
Attachment 1 to Report FSD-020-21
Municipality of Clarington
Summary of Bid Results
Tender CL2021-3
Emergency Tree Pruning Removal & Hydro Line Clearing Registry
Bidder
Alineutilty Limited*
Asplundh Canada ULC
Cressman Tree Maintenance & Landscaping Ltd.
Darlington Tree Service Inc.*
Davey Tree Expert Co. of Canada Limited
Ontario Line Clearing & Tree Experts Inc.
Rockwood Tree Service Ltd
Note: Bidders marked with * were deemed non -compliant.
Page108
Clarbgton
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131
To: Mayor Foster and Members of Council
From: Robert Maciver, Director of Legislative Services / Municipal Solicitor
Date: April 13, 2021
Subject: Delegation of Janet Moher — Feeding Seagulls
By Council Resolution GG-249-21, the delegation of Janet Moher to request a by-law to
regulate feeding seagulls was referred to the April 19, 2021 meeting of the General
Government Committee.
A by-law enforcement file has since been opened based on Ms. Moher's complaint, and
the matter is being investigated as a property standards issue. A by-law officer has
been in communication with Ms. Moher, and the investigation is in process.
M
t
Bert Maciv , LL.B., MBA
ector of Legislative Services / Municipal Solicitor
C. A. Allison, Chief Administrative Officer
D. Anderson, Manager of Municipal Law Enforcement
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON Ll C 3A6
1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net
Page109