HomeMy WebLinkAbout2021-07-05 Agenda
Council
Post-Meeting Agenda
Date:July 5, 2021
Time:7:00 p.m.
Location:Microsoft Teams
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Copies of Reports are available at www.clarington.net
*Late Item added or a change to an existing item after the Agenda was published.
Pages
1.Call to Order
2.Moment of Reflection
3.Land Acknowledgement Statement
4.Declaration of Interest
5.Announcements
6.Adoption of Minutes of Previous Meeting(s)
6.1. Minutes of a regular meeting of Council dated June 14, 2021 6
7.Presentations
8.Delegations
*8.1.Stephen Brickell, Mark Clermont, Darlene Clermont, regarding Report
PWD-025-21 - Red Oak Tree at 21 Beech Ave (Item 4 of the General
Government Committee Report)
19
(Correspondence from Stephen Brickell Attached)
9.Communications – Receive for Information
10.Communications – Direction
10.1.Memo from Trevor Pinn, Director of Financial Services/Treasurer,
regarding Delegation of Authority to Approve Financial Statements to
Audit and Accountability Committee
21
(Motion to delegate the authority to approve the 2020 Audited Financial
Statements to the Audit and Accountability Committee)
10.2.Architectural Conservancy of Ontario (Clarington Branch) regarding the
Red Oak Tree at 21 Beech Avenue
23
(Motion to refer to the consideration of Item 4 of the General
Government Committee Report)
Page 2
*10.3.Beth Meszaros and Mary Ann Muizelaar regarding Report PDS-038-21 -
Envision Durham, Proposed Policy Directions (Item 5 of the Planning
and Development Committee Report)
24
(Motion to Refer to the consideration of Item 5 of the Planning and
Development Committee Report)
*10.4.Memo from Ryan Windle, Director of Planning and Development
Services regarding Repeal of Designation of 4478 Highway 35/115
(Item 7 of the Planning and Development Committee Report)
26
(Motion to Refer Item 7 of the Planning and Development Committee
Report - Report PDS-040-21 regarding 4478 Hwy 35/115, to the
September 13, 2021 Joint Committee meeting)
*10.5.Suzanne and Dietmar Reiner regarding a Parkland Opportunity 27
11.Committee Reports
11.1.Advisory Committee Reports
11.1.1.Minutes of the Samuel Wilmot Nature Area Management
Advisory Committee dated May 11, 2021
29
11.1.2.Minutes of the Newcastle Arena Board dated June 8, 2021 33
11.1.3.Minutes of the Agricultural Advisory Committee dated June 10,
2021
38
11.1.4.Minutes of the Clarington Affordable Housing Task Force dated
June 22, 2021
42
11.1.5.Minutes of the Clarington Heritage Committee dated June 15,
2021
44
11.2.General Government Committee Report of June 21, 2021 52
11.3.Special General Government Committee Report of June 23, 2021 56
(Confidential Memo regarding Employment Lands – Distributed Under
Separate Cover)
11.4.Planning and Development Committee Report of June 28, 2021 57
Page 3
*11.5.Audit Committee Minutes and Report dated June 29, 2021 61
(Memo from Trevor Pinn, Director of Financial Services/Treasurer,
regarding Information Request at Audit and Accountability Committee
(re: Purchasing limits) has been Included)
12.Staff Reports
12.1.Report CSD-006-21 - Enabling Accessibility Fund Application 66
12.2.Report FSD-038-21 - Authority to Enter Into Funding Agreements –
ICIP
71
13.Business Arising from Procedural Notice of Motion
14.Unfinished Business
14.1.Camp 30 Adhoc Committee – Summer Developer Meeting (Referred
from the June 28, 2021 Planning and Development Committee Meeting)
75
(Memo from Ryan Windle, Director of Planning and Development
Services, regarding Update on Jury Lands, Draft OPA 121 Included)
*14.2.AMESA Monitoring Reporting for the Incinerator (Referred from the
June 28, 2021 Planning and Development Committee Meeting)
79
(Memo from Ryan Windle, Director of Planning and Development
Services regarding AMESA Monitoring Reporting for the Durham York
Energy Centre July 5, 2021 Council – Unfinished Business Item 14.2
Included)
15.By-laws
15.1.2021-058 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
85
(By-law to Remove (H) Holding Symbol - Alpa Pre-Engineered Panel
Systems Inc.)
15.2.2021-059 - Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
89
(Item 4 of the Planning and Development Committee Report - 40 Station
Street, Orono)
(Section 5 of the By-law has been Updated)
15.3.2021-060 - Being a by-law to repeal previous by-laws establishing
signing authority in the Town of Bowmanville and the Town of
92
Page 4
Newcastle
(Item 8.1 of the June 29, 2021 Audit Committee Minutes)
15.4.2021-061 - Being a by-law to provide policies and procedures for the
procurement of goods and services
93
(Item 8.3 of the June 29, 2021 Audit Committee Minutes) - Not
Approved at Council
15.5.2021-062 - Being a by-law to authorize the execution of aTransfer
Payment Agreement under the Investing in Canada Infrastructure Plan
(Agenda Item 12.2)
*15.6.2021-063 - 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”
114
(Item 10 of the General Government Committee Report - Speed
Reduction on Granville Drive)
16.Procedural Notices of Motion
17.Other Business
*17.1.Clarington Digest Resolution 124
(Councillor Hooper intends to introduce a motion to Suspend the Rules
to introduce the attached resolution)
(Third Paragraph of the proposed resolution has been updated)
*17.2.Community Celebration Resolution 125
(Councillor Hooper intends to introduce a motion to Suspend the Rules
to introduce the attached resolution)
18.Confirming By-Law
19.Adjournment
Page 5
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Council Minutes
Date:
Time:
Location:
June 14, 2021
7:00 p.m.
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor M. Zwart
Regrets: Councillor C. Traill
Staff Present: A. Allison, G. Acorn, S. Brake, R. Maciver, T. Pinn, R. Windle, J.
Gallagher, M. Chambers
Other Staff Present: F. Langmaid
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 7:00 p.m.
2. Moment of Reflection
Councillor Hooper led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Hooper recited the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Hooper declared a direct interest in Item 7 of the General Government
Committee Report - Report LGS-019-21 Bowmanville Downtown Parking.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
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2
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated May 25, 2021
6.2 Minutes of a special meeting of Council dated May 31, 2021
Resolution # C-203-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the minutes of the regular meeting of the Council held on May 25, 2021, be
approved; and
That the minutes of the special meeting of the Council held on May 31, 2021, be
approved.
Carried
Suspend the Rules
Resolution # C-204-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to add Wendy Bracken as a delegation
to the Agenda regarding Item 13 of General Government Committee Report (Report
LGS-017-21 - Procedural By-law Review).
Carried
7. Presentations
7.1 2021 Awards of Academic Excellence
Mayor Foster advised that the 20th Annual “Awards for Academic Excellence”
program was developed in 2001 to recognize students from Clarington’s local
elementary and secondary schools. Mayor Foster indicated that local elementary
and secondary schools were asked to submit the name of a graduating student
who, in their opinion, has demonstrated academic excellence combined with a
commitment to leadership and community service.
Mayor Foster recognized the following elementary students:
Frida Mills, Courtice Intermediate School
Olivia Wall, Courtice North Public School
Kate, Smith Dr. Emily Stowe Public School
Samantha Putnam, Dr. Ross Tilley Public School
Kacie Stolarek, Duke of Cambridge Public School
Shaydon Cannon, Good Shepherd Elementary School
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Emilie Sheehan, Harold Longworth Public School
Gabriella Kuzmanovski, Holy Family Elementary School
Owen Weales, John M. James Public School
Hailey Engelage, Knox Christian School
Lia Brooke Mugford, Lydia Trull Public School
Hannah Sluymers, M.J. Hobbs Senior Public School
Ava Taylor, Monsignor Leo Cleary Elementary School
Talia Pudlik, St. Elizabeth Elementary School
Ciara Dvernichuk, St. Francis of Assisi Elementary School
Leah Ridout, St. Joseph’s Elementary School
Carter Beatty, St. Mother Teresa Elementary School
Ayesha Iqbal, S.T. Worden Public School
Maddie Legg, The Pines Senior Public School
Alexandra Speakman, Vincent Massey School
Aliyah, Wirch, Waverley Public School
Mayor Foster recognized the following secondary students:
Nawal Elshamiy, Bowmanville High School
Victoriana Domingos, Clarington Central Secondary School
Julia Taylor, Clarke High School
Reaghan Stamp, Courtice Secondary School
Ezinne Arki, Durham Christian High School
Alexandra Topolnikov, Holy Trinity Secondary School
Emily Ashton, St. Stephens Secondary School
7.2 2021 Clarington Senior of the Year Award – Ontario Honours and Awards
Program
Mayor Foster presented the 2021 "Senior of the Year" Award to Jill Richardson.
Mayor Foster recognized the accomplishments of Ms. Richardson and thanked her
for her service to the community and her contribution and efforts with Clarington
Hospice and the Newcastle's of the World Committee.
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11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Clarington Heritage Committee dated May 18, 2021
11.1.3 Minutes of the Newcastle Arena Board dated May 11, 2021
11.1.4 Minutes of the Clarington Diversity Advisory Committee dated May 27, 2021
Resolution # C-205-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Advisory Committee Report Items 11.1.1 to 11.1.4, be approved, with the
exception of Item 11.1.2.
Carried
11.1.2 Minutes of the Agricultural Advisory Committee dated May 13, 2021
Resolution # C-206-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That the Minutes of the Agricultural Advisory Committee dated May 13, 2021, be
approved.
Carried
8. Delegations
8.1 Wendy Bracken regarding Report LGS-017-21 - Procedural By-law Review
(Item 13 of the General Government Committee Report)
Wendy Bracken was present regarding Report LGS-017-21 - Procedural By-law
Review (Item 13 of the General Government Committee Report). She explained
that she is particularly concerned with Section 9.3.6 , which states "Where there is
no accompanying Staff report or Staff communication dealing with the subject of the
delegation, the matter may be received or referred to Staff by a simple majority
vote. All other motions require a 2/3 majority vote of Council for approval." Ms.
Bracken feels this is undemocratic and requested that it be removed from the
proposed Procedural By-law. She thanked the Members of Council for not
supporting the time limit for delegations being reduced to five minutes. Ms.
Bracken noted her concern with Section 3.3 of the Report which proposes fewer
meetings which will be shorter in length. She explained that there are often Reports
released from the Region of Durham and the Ministry which are made public late in
the week and it will be problematic if there is no opportunity for a member of the
public to bring these matters forward to Council. Ms. Bracken added that there are
often emergency situations which Staff may not have had the opportunity to report
on. She requested that these types of urgent matters are permitted to be added to
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a Council agenda with a majority vote. Ms. Bracken answered questions from the
Members of Council.
9. Communications – Receive for Information
10. Communications – Direction
11. Committee Reports
11.2 General Government Committee Report of May 31, 2021
Resolution # C-207-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That the recommendations contained in the General Government Committee
Report of May 31, 2021 be approved on consent, with the exception of items 6, 7,
11 and 13.
Carried
Item 6 - Future of the Tourism Information Centre
Resolution # C-208-21
Moved by Councillor Jones
Seconded by Councillor Hooper
That Report CSD-004-21 be received;
That Council approve the permanent closure of the Tourism Information Centre at
181 Liberty Street, Bowmanville;
That Council support the revised Tourism Service Delivery Model, as presented in
this report; and
That Staff continue to investigate future options for the building, that could include
upgrading and re-purposing, relocation or demolition, and to provide all necessary
funds in the 2022 budget, for consideration.
Yes (4): Mayor Foster, Councillor Hooper, Councillor Jones, and Councillor Zwart
No (2): Councillor Anderson, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 2)
Item 7 - Bowmanville Downtown Parking
Councillor Hooper declared a direct interest in Report LGS-017-21, as he owns
property in downtown Bowmanville. Councillor Hooper muted his audio and video
and refrained from discussion and voting on this matter.
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Resolution # C-209-21
Moved by Councillor Zwart
Seconded by Councillor Jones
That Report LGS-019-21 be received;
That courtesy parking in downtown Bowmanville continue to be provided each year
in the month of December with improved signage;
That an amendment to the Traffic By-law be brought forward to discontinue the two-
hour free parking in Municipal lots beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to increase parking
rates to $1.00 an hour beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to introduce a
maximum daily parking rate of $5.00 for the Division, Silver, Water Tower and
Church St lots beginning on January 1, 2022;
That an amendment to the Traffic By-law be brought forward to establish a two-hour
maximum parking limit in the 20 King St lot beginning on January 1, 2022;
That as part of the 2022 Municipal budget, staff include a proposal for the
procurement of a mobile app service and related equipment to process parking
payments;
That all interested parties listed in Report LGS-019-21 and any delegations be
advised of Council’s decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Jones, and Councillor Zwart
No (1): Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 1)
Councillor Hooper returned to the meeting.
Item 11 - Economic Development Services in Clarington
Resolution # C-210-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report CAO-003-21 be received;
That Staff be directed to negotiate a renewal contract with the Clarington Board of
Trade (which will require Council approval) substantially on the terms set out in
section 7.4 of this report;
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That, in accordance with Policy 7.3.1 of the Clarington Official Plan, Staff be
directed to retain a consultant to prepare an Economic Development Strategy at an
estimated cost of $50,000 (up to 90% funded through development charges);
That a full-time employee be hired to assist with the delivery of the services
described in section 7.6 of this report, with the cost to be covered through a
corresponding reduction to the CBOT contract; and
That all interested parties listed in Report CAO-003-21 and any delegations be
advised of Council’s decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (2): Councillor Jones, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 2)
Item 13 - Procedural By-law Review
Resolution # C-211-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report LGS-017-21 be received;
That the By-law attached to Report LGS-017-21 as Attachment 5 to Report
LGS-017-21, repealing and replacing Clarington’s Procedural By-law 2015-029, be
approved with the following amendments:
That subsection 9.2.5 of the by-law (Delegation time Limits), and related
sections, be amended by deleting the words "five (5)" and replacing with the
words "ten (10)", so that delegations are permitted to speak for 10 minutes at
Council and Committee meetings;
That subsection 4.11 of the by-law (Length of Meetings), and related
sections, be amended by adding a section that ensures the remaining
agenda items be placed on the next regular meeting of the same type in the
event that the meeting adjourns in accordance with Sections 4.11.1 and
4.11.2;
That subsection 4.9.1 of the by-law (Closed Meetings), and related sections,
be amended by deleting the words "in accordance with Sub-section 239
(2)(3) of the Municipal Act, 2001" and replacing with the words "if the subject
matter deals with any of the matters in sub-section 239 (2) or 239 (3) of the
Municipal Act, 2001";
That the Procedural Motion definition, within Section 1 of the by-law
(Definitions), and related sections, be amended by:
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adding the words "indefinitely" after the words "to table";
That the words "To defer" be added as item f); and
That the remaining items be renumbered;
That subsection 2.5.1 of the by-law (Agenda Restrictions), and related
sections, be amended by adding the words "at the request of a member of
the public" after the words "The Municipal Clerk shall refuse";
That the by-law be amended by adding the wording such:
"That the items of New Business be placed on the respective part of
the agenda";
That subsection 10.12.9 of the by-law (Motions Introduced Orally), and
related sections, be amended by adding "To defer" to the list of items;
That subsection 10.12.21 of the by-law (Motion to Table), and related
sections, be amended by adding the words "or defer" after the words "A
motion simply to table";
That subsection 10.12.27 of the by-law (Motion to Divide), and related
sections be amended by:
adding a new section after subsection 10.12.27(b):
“The Chair calls the vote on the motion to divide, which is
debatable.”;
replacing subsection 10.12.27(d) with the following:
“The matter of the divided item(s) are now being considered
with the same mover and seconder as the original. The Chair
calls the vote on the divided item(s).”; and
That the subsections be renumbered accordingly;
That the following words from subsection 7.3.1 (Announcements) be
removed from the proposed by-law and any related sections:
“that will occur within one week of the meeting, unless a regular
Council/Committee meeting is not scheduled within one week.”
That subsection 9.3.6 (Disposition of Delegations) of the by-law be deleted.
That Staff be directed to prepare a report recommending the new meeting schedule
to reflect the changes approved in the new Procedural By-law, effective
September 1, 2021.
Carried as Amended, later in the meeting, see following motions
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Resolution # C-212-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended as follows:
“That subsection 10.12.27 (c) of the by-law (Motion to Divide) be amended
by adding the word "not" before the word "debatable".”
Carried
Resolution # C-213-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
“That subsection 10.9.1 of the by-law (Speak Once - Reply) be amended to
allow Members of Council to speak to matters two times at Committee.”
Yes (3): Councillor Jones, Councillor Neal, and Councillor Zwart
No (3): Mayor Foster, Councillor Anderson, and Councillor Hooper
Absent (1): Councillor Traill
Motion Lost on a recorded vote (3 to 3)
Recess
Resolution # C-214-21
Moved by Councillor Hooper
Seconded by Councillor Jones
That the Council recess for 5 minutes.
Carried
The meeting reconvened at 8:25 p.m. with Mayor Foster in the Chair.
Resolution # C-215-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
"That subsection 8.1.9 (New Business) applies to both Committee and
Council to allow New Business at Council."
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Yes (2): Councillor Jones, and Councillor Neal
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost on a recorded vote (2 to 4)
Resolution # C-216-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
"That the effective date of the by-law be September 1, 2021."
Carried
Resolution # C-217-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
“That subsection 7.2.6 of the by-law (Disclosure of Pecuniary Interest) be
amended by replacing the word "of" with the word "or" after the word
"website"; and
That subsection 10.1.1 (b) of the by-law (No Member Shall) be amended by
adding the words "past or present" after the word "Municipality".”
Carried
Resolution # C-218-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the foregoing Resolution #C-211-21 be amended by adding the following as
the last paragraph amending the proposed by-law:
"That subsection 4.12.1 of by-law (Portable Electronic Devices) be amended
by adding the words “or members of the public” following the words “each
other”".
Carried
The foregoing Resolution #C-211-21 was then put a vote and carried as amended.
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11.3 Planning & Development Committee Report of June 7, 2021
Resolution # C-219-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development Committee
Report of June 7, 2021 be approved on consent.
Carried
12. Staff Reports
13. Business Arising from Procedural Notice of Motion
14. Unfinished Business
14.1 Declaration of Interest at Advisory Committee Meetings
Resolution # C-220-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the declaration of interest portion of the agenda for Advisory Committees be
deleted.
Yes (2): Councillor Jones, and Councillor Neal
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost (2 to 4)
15. By-laws
15.1 2021-052 - Being a by-law to authorize the closure and conveyance of a road
allowance and the conveyance of a road allowance
15.2 2021-053 - Being a By-law to amend Traffic By-law No. 2014-059
15.3 2021-054 - Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its Planning
and Development Committee, and Special Committees, and to repeal By-law
2015-029
15.4 2021-055 - Being a By-law to adopt Amendment No. 1 to the municipal-wide
COVID-19 Community Improvement Plan (CIP)
15.5 2021-056 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
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Resolution # C-221-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2021-052 to 2021-056; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
17. Other Business
Councillor Neal advised that he had questions related to the Anaerobic Digester
litigation.
Closed Session
Resolution # C-222-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended,
the meeting be closed for the purpose of discussing a matter that deals with
litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board.
Carried
Recess
Resolution # C-223-21
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the Council recess for 15 minutes.
Carried
Rise and Report
The meeting resumed in open session at 9:54 p.m.
Mayor Foster advised that one item was discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and no resolution was
passed.
Councillor Hooper enquired who he should contact regarding noise related issues
at a construction site.
Councillor Zwart thanked staff for addressing the issues of dump trucks driving
through downtown Newcastle.
Councillor Neal enquired if staff are addressing the condo issues in Newcastle.
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18. Confirming By-Law
Resolution # C-223-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-057, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 14th day of June, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-224-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That the meeting adjourn at 10:05 p.m.
Carried
Page 18
From:Stephen Brickell
To:Hooper, Ron; Mayor Shared Mailbox; Chambers, Michelle
Cc:darlene clermont; Ruurd van de Ven; mfmclermont@gmail.com
Subject:Fwd: Ron / Adrian, Urgent issue for tonight"s Council meeting
Date:July 2, 2021 11:38:30 AM
EXTERNAL
(Michelle, Per our conversation could you please include this communication in the Council
agenda package. I will complete the submission to present for Darlene, Mark and Myself.)
Ron / Adrian, I am reaching out to you because of the topic of the tree at 21 Beech Ave
coming to Council on Monday July 5th.
I would request:
1. Direct staff to communicate and collaborate directly with the tree owners at 21 Beech, Mark
and Darlene Clermont.
2. Revisit the staff preservation approach which would cost $56,000 and revise the plan to the
$12,000 to $18,000 over a 7 year budget which is the recommendation in the report Mark and
Darlene commissioned.
3. Acknowledge that the tree is a boundary tree so removal is not a unilateral decision of the
municipality.
4. Have Del Cressman review both reports and submit a quote for services he recommends
then collaborate with Mark and Darlene. Del has the experience and credentials and the
municipality has a long standing relationship with his company.
Concerns & Background:
My friends, neighbours, and new home owners of 21 Beech Ave, Mark and Darlene, are quite
confused by the behaviour of the municipality. I assured them in my years of working with
both of you the current approach to address the issues around the tree on their property is not
what we have come to expect or experience from our relationship with the municipality,
In the report to committee on Monday June 21st there was the motion to either support
$56,000 for preservation of the tree or to removal of the tree. We are glad the committee
supported to fund the preservation however when compared to the approach, scope and cost of
the professional report commissioned by Mark and Darlene we think there is a better
approach. In addition to the cost, the system being suggested is not the appropriate approach.
There is an even more troubling concern that the staff work is lacking in collaboration and
communication with the owners of the tree and the supportive community. When the
community heard that the municipality was looking to remove the tree there was an
instantaneous outpouring of over 5,000 people that signed an online petition to perserve the
tree. This response was overnight without much promotion of the topic. Due to the lack of
communication or collaboration from staff, Mark and Darlene felt forced to commission their
own professional report to provide an accurate assessment of the trees condition and option to
preservation.
Major concerns observed:
1) Incomplete or biased staff work - The staff work to-date reads that it is either biased with
the objective to remove the tree or incomplete before recommendations to Council. There are
numerous obvious indications that the staff work presented would lead council to recommend
removal of the tree. The first three most obvious indicators are:
Page 19
a)Hiring a tree removal company to do a preservation assessment - Hiring "Ontario Line
Clearing '' to do the report on the tree when the municipality already has an expert, Del
Cressman, under contract. I spoke to Michael Richardson of Richardson Tree Care who
Ontario Line Clearing had to sub the work to because they do not have the qualifications in
house. In talking to him he was upset that his report was taken out of context by either Ontario
Line Clearing or the municipal staff. He believes the tree is healthy and should be preserved.
b)The misstatement of the tree's age by staff and that it only has 50 years left along with
grossly overstated cost estimates. The most outrageous bias or incomplete staff work is on the
cost estimates. The staff estimate that $56k need to be spent on a tree with only 50 years of life
left is misrepresenting and biased information to council. The report commissioned and paid
for by the homeowners, Mark and Darlene, who engaged one of the most experienced and
knowledgeable experts in Canada assess the tree to be at least 150 years old, beyond this only
speculation by anyone, and the longevity with proper care and conditions to reach 250 to 350
years based on the species. The commissioned report provides a very detailed plan to care and
support the tree with a total 7 year cost of $12k to $18K. This included professional trimming,
annual inspection and the proper cabling system. The pole system in the staff report is not a
best practice and rarely used, especially not for healthy trees like the one in discussion.
2)Lack of collaboration or communication - It is very disappointing that there is no attempt
by the staff to collaborate with the property and tree owners. They have not reached out to
discuss or share any information or recommendations. Only when something is finalized for
council in a biased fashion is there communication to Rick McEachern who is simply a
community interested person not the actual owners of the tree, Mark and Darlene.
3) Boundary Tree - The tree is a Boundary Tree, meaning it is on shared property between
the homeowner and the municipality, and would require both in agreement to remove the tree.
Under Section 10(3) of the Ontario Forestry Act, it is an offence to injure or destroy
a tree growing on the boundary between adjoining lands without the consent of both
landowners. On conviction, an offender can receive a fine of up to $20,000 and three
months in jail!
Ron / Adrian, It is great when you have citizens, elected leaders and staff working together to
preserve and improve a community. Thank you for your support as always.
Stephen Brickell
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1
July 2, 2021
Sent by Email to clerks@clarington.net
Municipality of Clarington
40 Temperance Street
Bowmanville ON L1C 3A6
Attention: Michelle Chambers, Clerk’s Office
Dear Mayor Foster and Members of Council:
Re: Regional Official Plan Review, Envision Durham, Thriving Rural Systems
Staff Reports PDS-038-21
2% Limitation on On-Farm Diversified Uses
At its meeting of Monday 5 July 2021 Municipal Council will have before it reports
regarding the proposed limitation on On-Farm Diversified Uses. We strongly support the
proposed policy direction of the Region, as part of its Official Plan Review, to limit such
uses to a maximum of 2% of uses that can occupy a property.
It is our view that this limitation represents good planning. It is consistent with Policy
2.3.3 of the Provincial Policy Statement 2020 and conforms to the Provincial Guidelines
on Permitted Uses in Ontario’s Prime Agricultural Areas (OMAFRA).
Unfortunately, at its meeting of 28 June 2021 the Planning and Development Committee
(the “Committee”) supported the Clarington Planning Staff recommendation that this
limitation not be included in the new Regional Official Plan and that local municipalities
instead make the determination on the limitation. In our view this would undermine the
sustainability of prime agricultural areas.
We request that Council support the proposed Regional policy direction and not adopt
the Committee’s recommendations.
Should you have any questions regarding the above please do not hesitate to contact
us. Please provide us with a copy of Council’s determination on this matter.
Yours Truly,
Beth Meszaros bethandted@hotmail.com
Mary Ann Muizelaar 134cowanville@gmail.com
Page 24
Mary-Ann Muizelaar
134 Cowanville Road
Newcastle, Ontario
L1B 0N4
July 2, 2021
Re: Draft of DROP and Municipality of Clarington’s Comments Table 5
Rural System 55
To Clarington Staff and Council
Notice and Observation
I notice there is a long established hierarchy to governance. Through the LPAT report I
became acutely aware how Clarington Municipality failed to align with governing bodies
that rule over Municipalities: Provincial, Greenbelt, Growth Plan, and DROP.
.Municipalities must align with each governance body who rule over Municipalities when
approving any and all applications regardless.
When Clarington staff and Council approve comments asking the Region to ‘remove or
do not require’ components set out in the PPS, I wonder why Clarington Staff and
Council would even consider asking the Region to misalign their Official Plan with that
of the Provincial Guidelines? The 2% - plus- the scale of on-farm diversified uses are a
part of our PPS and DROP does not have the authority to pick and choose what the
Province has set out. Municipalities in turn must adhere to each and ever applicable
authority who rules over them.
My observation – regrettable LPAT knowledge is not being applied when and where it
should be.
Regards,
Mary-Ann Muizelaar
Page 25
Page 2
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
At the June 28th Planning and Development Committee meeting, Committee endorsed
the recommendations contained in PDS-040-21 which was to refuse the application to
repeal the heritage designation from 1997 on 4478 Highway 35/115.
Staff have since met with the owners, as have some of the Council members.
Under the Ontario Heritage Act, Section 32 (3) there is provision to allow for the owner
to request a deferral of the application to repeal by mutual agreement. The owners
have made such a request. This will allow the owners to collect additional information
and continue to consult with Staff. In addition, they hope to meet with all Council
members.
Therefore, Staff recommend that Item 7 of the Planning and Development Committee
Minutes, Report PDS-040-21 regarding 4478 Hwy 35/115, should be deferred to the
September 13, 2021 Joint Committee meeting.
Ryan Windle
Director of Planning and Development Services
FL/jp
cc: Alfred Massardo and Liza Maw
To: Mayor and Members of Council
From: Director of Planning and Development Services
Date: July 2, 2021
Subject: Repeal of Designation of 4478 Highway 35/115
File: PLN 34.5.2.13
MEMO
Page 26
July 1, 2021
To: Clarington Council
Re: Parkland Opportunity
We are submitting this letter to seek Clarington Council’s consideration of an opportunity to establish
much needed parkland in downtown Courtice, to augment the Courtice Main Street Secondary Plan
vision.
The Courtice Main Street Secondary Plan will significantly increase the number of residential units along
the Courtice Highway 2 corridor. It creates a need for open spaces and parklands that are easily
accessible from this vicinity. Needless to say, creating such open spaces and parklands in the Courtice
Highway 2 vicinity is extremely difficult.
A rare opportunity has presented itself that could allow for this. A vacant property located at 43
Darlington Blvd in Courtice has recently been listed for sale. This is a 2.5 acre property that extends
eastward from Darlington Blvd to the environmentally protected lands along Farewell Creek, and
extends north and south adjacent to the Farewell Creek lands (see attached). It abuts property to the
north that is already owned by the Municipality of Clarington. The 43 Darlington Blvd property is
currently being used by the Municipality as an access point for construction of the Tooley’s Mill trail
extension.
We ask Clarington Council to consider acquiring this property, converting it to active or passive parkland,
integrating it into the Farewell Creek trail system, and making it a part of the Courtice Main Street
Secondary Plan.
Sincerely,
Suzanne & Dietmar Reiner
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43 Darlington Boulevard
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Page 32
Newcastle Memorial Arena Management Board
Municipality of Clarington
Minutes of Meeting – Tuesday, June 8, 2021
(Via telephone conference - Not yet approved by committee)
In Attendance – Dave Bouma - Chair Bryan Wiltshire – Arena Manager
Shane Armstrong, Councillor Granville Anderson, Shea-Lea Latchford, Todd Taylor, Jim Vison,
Sue White, Councillor Margaret Zwart
Regrets – Gary Oliver
1. Agenda - Motion #21-014
Moved by Todd Taylor, seconded by Jim Vison THAT: The Agenda be accepted
as proposed.
CARRIED
** Conversation with George Acorn (Director Community Services, Municipal of
Clarington – See Attached Memo
2. Acceptance of Minutes - Motion #21-015
Moved by Councillor Anderson, seconded by Todd Taylor THAT: The minutes of May 11,
2021 be approved
CARRIED
3. Manager’s Report – Bryan’s ORFA recertification will be completed by the end of June.
The First Aid training and CPR will be scheduled after the staff has returned. The parking lot
has been paved, the down spouts have been replaced and the back door of the electrical room
has also been replaced. Berg Refrigeration has begun work on the chiller. The old chiller has
been drained of ammonia and removed and we are awaiting the arrival of the new chiller.
Sections of the boards have been inspected and reinforced as a safety measure. Clarington
will be repainting all the refrigeration pipes over the compressor room. Painting is also
underway inside the arena. The annual Fire Alarm check has been completed and the report
sent to the Municipality. Previous Risk Management Items – Water Heater replacement is
scheduled for August 2021; louvre vents replacement by the Municipality is ongoing. The
Panic Bar is scheduled for June 2021 and the fire box will be replaced when the chiller is
installed.
Page 33
2.
4. Financial Report
Todd presented an update and will check to see if we qualify for additional Covid Relief
Funds
5. Risk Management – No report currently due to closure.
6. New Business – Ice Rates: Deferred until June 22nd; Olympia: deferred to the Fall/2021
7. Round Table – A round table discussion followed.
8. Adjournment – Motion #21-016 – Moved by Sue White, seconded by Shane Armstrong
THAT: the meeting be adjourned.
CARRIED
Next Board Meeting – Tuesday, August 17, 2021
Meeting adjourned at 9:00 p.m.
Page 34
George Acorn – Newcastle Memorial Board Meeting Tuesday June 8
- During the General Gov Meeting May 10th, George presented to Council a report for a new
recreation facility in the Bowmanville area, specifically the Baseline location. The report
indicated four potential sites including the original south Bowmanville (Baseline) and the Garnet
Rickard Complex sites
- The report was referred back to staff to provide more information on the feasibility of building
onto the existing Garnet Rickard Complex. Staff are expecting to report back to Council on the
feasibility of this proposal. (Oct 19, Nov 11)
- In this report, staff also advised that both Orono and Newcastle Arenas, according to the
September 2020 I.B. Storey reports, had arena floors in excess of 40 years, beyond their life
expectancy.
- Council was also advised that Community Services would be meeting with both Arena Boards to
discuss plans to replace the arena floors, boards and glass systems as well as some additional
refrigeration upgrades/repairs for both Orono and Newcastle locations. The plan is to
repair/replace before these failed, as this could have drastic impact on their ice seasons and
revenues.
- Community Services will be working with the different Board/facilities to create a scope of work,
and report back to Council this Fall for approval of finances needed to complete these projects
over the next 2 years.
- Schedule for this project will be during Spring and Summer of 2022, and the other facility in the
Spring and Summer of 2023. The idea to complete both projects during the same year, was
scrapped for concerns over quality of work, and completion timetable. George will discuss with
IB Storey, to see which facility will need the work completed first, and the other facility will be
planned for 2023.
- The goal is that these renovations completed will extend the lifecycle of Newcastle for another
10+ years
- The Indoor Facilities Development Strategy had indicated an expansion of two ice pads at Diane
Hamre to commence design in 2026. As this Strategy is merely a planning tool for staff the
details and dates for any proposed expansion plans reside solely with Council and are subject to
change. Regardless of a future decision on expansion at Diane Hamre, Community Services are
recommending these repairs and upgrades are planned for the next few years. Again, timeframe
for new facility is up to Council to decide.
- Regardless of where the next ice pads are constructed, Community Services is prepared to assist
with allocation of ice time to Newcastle minor ice users to assist with any supply challenges at
the Newcastle Arena.
Questions;
1. Sue – Appreciate you (George) coming onto our call, and for all the support. With regards to the
plans for repairs/renovations planned for Newcastle, has there been any thought about
accessibility?
George- At the Darlington facility, the project incorporated a major facelift both on the inside
and outside, and part of the project was accessibility to the lobby and viewing area. For
Newcastle, there should be a discussion on what is needed/wanted for repairs/improvements.
Page 35
Once we have a scope of the project or asks, it can be presented to Council for approval and
financial support.
Dave – Newcastle Board to provide a “Wish” list of what we would like to see in terms of projects. Plan
to have this list presented to George and his team in late August for discussion and costing.
2. Bryan – What time frame will the Board and floor replace take?
George – I believe it will be 3-4 months. Concrete curing takes almost a month on its own.
Bryan – Do we know when we are on schedule for repairs? Would like to inform our Summer
user groups prior, so they can find alternatives.
George – Won’t know until the fall after the meeting with Council. Might have a better idea in
September.
3. Margaret – inform the Board that George is a Newcastle resident….. Scope of work at Darlington
included a facelift.
George – yes, better entrance, expanded the lobby for space and accessibility. No work was
done to the dressing rooms, which having only 4 is a challenge. Also replaced some mechanical
systems.
Margaret – Darlington does not look like a 50-year-old arena, very pleasing. Is this something we
can look at for Newcastle?
George – yes, this can be added to the project list, and depending on scope and cost and
priority.
Margaret – Should we look at having costs associated with this wish lists?
George – we can assess costs on the lists are completed, however the costs of construction
material has increase drastically due to Covid. Roughly the Arena Floor, Board, and Cooling
system is around 1.5 million based on the report. The scope will probably be closer to 3 million,
as building codes and requirements will also increase the scope of the project. While we can
look at the wish list, we also can’t go to Council with an unrealistic budget cost.
Margaret – The new twin pad at Newcastle, will this be completed during the life of the old
facility?
George – Unless something drastic happens, we can’t closedown arenas without replacing them.
The demand is more then the 7 rinks currently in use, even with the 2 new pads in Bowmanville,
if the demand exceeds this, Newcastle new build needs to be considered. Also, with this new
facility, there will be other features added, not just ice pads. The demands for these other
features are increasing, so does the need for expansion at Diane Hamre in the future.
4. Sue – IB storey report indicated things needed to be replaced “ASAP”. Where is Newcastle vs
Orono in terms of which facility needs to be dealt with first?
George – Both facilities are close in the same condition. He will discuss with the engineer from
the IB report to see if there is a priority. From, his point of view, both are in need equally.
Dave’s email question, Operational challenges due to the drop of the concrete apron. George will
discuss with Ken, and Bryan as to the options or something temporary that could solve the problem.
Since the plan is to replace the floor in the next few years, the Board can live with this issue till then.
Page 36
The Newcastle Memorial Arena Board is very appreciative of George spending time with us and
providing some insights into timelines and what the upcoming plans are. We also are very thankful for
his patience and willingness to answer our questions after his presentation.
The Board looks forward to our continued working relationship as we strive to provide a gratifying
recreational facility for Newcastle residents.
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Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington June 10, 2021
Agricultural Advisory Committee of Clarington Meeting
Thursday, June 10, 2021
Members Present: Eric Bowman Jenni Knox Don Rickard
Tom Barrie Henry Zekveld Brenda Metcalf
Councilor Zwart Richard Rekker
Regrets: Ryan Cullen, Jordan McKay, Ben Eastman, John Cartwright
Staff: Faye Langmaid and Andrew Payne - Planning & Development
Services
Guests: Jonah Kelly, Planning and Economic Development, Region of
Durham; Margaret Walton, Senior Associate, Planscape; Cory
Harris, Watershed Services Coordinator, Ganaraska Region
Conservation Authority
Observers: Councilor Hooper, Allison Brown, Planning & Economic
Development, Region of Durham
Due to COVID 19 restrictions and to ensure social distancing, participation in the
meeting was electronic (using Microsoft Teams) and by conference call.
Eric welcomed all to the meeting, with introductions of Committee members.
Declarations of Interest
Staff updated the committee that Council has a resolution on the agenda for June 14th,
2021 regarding whether to delete this requirement from future agendas for advisory
committees, since they are not subject to the Municipal Conflict of Interest Act in the
same manner as Council members. This is as per the Integrity Commissioner’s opinion.
Adoption of Agenda
021-014 Moved by Don Rickard, seconded by Tom Barrie
That the Agenda for June 10, 2021 be adopted.
Carried
Approval of Minutes
021-015 Moved by Brenda Metcalf, seconded by Don Rickard
That the minutes of the May 13, 2021 meeting be approved.
Carried
Page 38
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington June 10, 2021
Presentation
Margaret Walton, Senior Associate, Planscape – Envision Durham – Regional
Agricultural System: Margaret Walton provided a PowerPoint presentation, issuing a
brief update on Envision Durham – the Municipal Comprehensive Review of the
Regional Official Plan, and an introduction to the Agricultural System. She
demonstrated how the system relates to the policy framework in Ontario, reviewed how
the system was identified and refined, and then explained the implementation process
and project timelines. Ms. Walton then explained how this work relates to the Greater
Golden Horseshoe’s Agri-food system. Ms. Walton finished the presentation by saying
that she looked forward to providing future updates to the committee.
Information on Envision Durham, including the Proposed Policy Directions document,
are available on the Region’s website at www.durham.ca/envisiondurham. The
deadline to submit comments on the proposed policy directions is June 30. An online
survey to collect comments is available at www.durham.ca/envisiondurhamdirections.
The Committee asked questions of clarification relating to fragmentation and the
mapping of prime agricultural lands. Aggregate resource areas are addressed as an
overlay and are to be restored to agricultural usage. The Chair thanked Ms. Walton for
her presentation.
Cory Harris, Watershed Services Coordinator, Ganaraska Region Conservation
Authority – Wilmot/Graham Creek Flood Plain Mapping Update Study: Cory Harris
gave a PowerPoint presentation, providing an overview of the floodplain mapping
update study being done for the Wilmot and Graham Creeks. Cory outlined how the
LiDAR technology is used to measure the ground’s surface using light detection and
imaging lasers on the hull of a plane, and how on-site surveys are used to supplement
the LiDAR data. LiDAR cannot accurately measure below the water’s surface for stream
depths, so the team will be ground truthing these areas. The study uses hydrologic and
hydraulic model inputs to better understand floodplain limits. Cory concluded with a
review of the project’s timelines.
Don Rickard asked when the flights to capture the LiDAR imaging occur. Cory said that
ideally, they are in spring before the trees come out into full leaf but after snow has
cleared. Don also asked how the Conservation Authority determines watershed
boundaries. Cory responded that watershed delineation is apparent from topographical
mapping of catchment basins and is how each Conservation Authority’s boundaries are
determined.
Tom Barrie asked how the study will reflect where land uses are slated to change (e.g.
from vacant land to subdivision, using Newtonville as an example). Cory answered that
the Official Plan and the approved and future land uses therein are taken into account to
make sure the project’s vision is in line with what is approved in terms of subdivisions,
etc. For example, most subdivisions require storm water management ponds – some of
these are not built yet but will still be represented in the new hydrology models.
Page 39
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington June 10, 2021
Delegations
None
Business Arising from Minutes
Regulation of On-Farm Special Events: Staff provided the Committee with an update
on Councils consideration of an on-farm special events licencing by-law, including
amendments made by Council since the first draft was introduced. The licencing by-law
was ratified by Council on May 25, 2021. An information sheet will be developed to
communicate how this will work.
Consideration of Deletion of Special Study Area 2 from the Official Plan: Staff
updated the Committee on the direction of Council from the Meeting held on June 14,
2021. Council approved the deletion of Special Study Area 2 from the Official Plan. This
request has been forwarded to the Region for approval.
Universal Broadband Fund: Staff communicated that a list of rural broadband
announcements had been compiled on this topic, but that a more fulsome update will be
given by Riaz Razvi, Durham Region’s Broadband Specialist, at September’s meeting.
2021 Celebrate Agriculture Awards: Brenda gave an update on how nominations for
the awards will work this year. There may be some overlap in nominations from last
year to this year - people making nominations can contact the awards coordinator to
confirm whether a nominee from 2020 should be nominated again in 2021.
Correspondence, Council Items and Referrals
OMAFRA FOI Access Request – Animal Activists/Trespass on
Farms/Slaughterhouses: Staff provided an overview of the request. OMAFRA is
notifying the Committee that information to be provided by the committee (letter,
resolution and minutes of meeting) where the issue of animal activists/trespassing on
farms and slaughterhouses was outlined. The information being requested is public
record, there is no issue with it being released. Staff will inform OMAFRA that the
access to information request being released is fine.
Liaison Reports
Durham Agriculture Advisory Committee: Tom Barrie provided an update from the
June 8 DAAC meeting in his email to all prior to the meeting. Angela Porteous,
Supervisor of Waste Services for the Region of Durham, presented on the draft Long-
term Waste Management Plan. A DAAC subcommittee has reviewed the proposed
policy directions for the Committee. Minor changes have been recommended. No
further discussions by the Committee.
Durham Region Federation of Agriculture: No update.
Durham Farm Connections: No further update than the 2021 Celebrate Agriculture
Awards update provided (see Business Arising).
Page 40
Subject to Advisory Committee Approval
Agricultural Advisory Committee of Clarington June 10, 2021
Clarington Board of Trade: Jenni Knox provided an update on the upcoming CBOT
Annual General Meeting. Following a two-year term, Jenni will be passing the torch of
President of the Board on as an election for a new President will be held at the AGM.
CBOT has been working with the Municipality on the service level review - Jenni
communicated that there are some changes that would benefit the Municipality. Two
pieces of CBOT’s portfolio would be shifted over to the Municipality: Large Scale
Projects and Business Attraction. These items will be discussed at the June 14 Council
meeting.
New Business
Wilmot/Graham Creek Flood Plain Mapping Update Study: Staff gave an update on
a notice that had been sent out to rural landowners in the Mapping Update Study Area.
Letter recipients can contact the GRCA to allow access to their property for the study, if
they wish to.
Overhanging Trees and Ash Trees in Rural Areas: Committee members had
questions with regard to tree trimming and removal. Any overhanging trees should be
reported to Public Works for inclusion in the work order system. They will be asked to
attend a future meeting to discus Emerald Ash Borer and tree removal.
Next Meeting
Thursday, July 8, 2021 @ 7:30 pm (Virtual Meeting)
Page 41
Affordable Housing Task Force
Tuesday, June 22, 2021 at 10:00 a.m.
Microsoft Teams Meeting
ATTENDEES:
Wendy Partner, Chair
Councillor Ron Hooper, Municipality of Clarington
Councillor Janice Jones, Municipality of Clarington
Alan Robins, Director, Housing Services Division, Region of Durham
Henry Wildeboer, Former Pastor/Durham Christian Homes
Selena Blake,
Stacey Hawkins, Durham Region Home Builders' Association
Ryan Windle, Director, Planning and Development Services
Carlos Salazar, Manager of Community Planning and Design
Cindy Strike, Manager of Development Review
Isaac Jr. Olowolafe, Dream Maker Ventures
Justin MacLean, Corporate Policy Analyst, Municipality of Clarington
Heather Keyzers, Community Coordinator, Municipality of Clarington
The Chair brought the meeting to order.
INTRODUCTIONS
Justin introduced Ryan Windle the Municipality’s new Director of Planning and
Development Services.
MINUTES
Moved by Henry Wildeboer, seconded by Councillor Hooper
THAT the minutes dated February 21, 2021, be approved.
“CARRIED”
UPDATE ON RFP2020-14 SALE OF LAND FOR AFFORDABLE HOUSING
Justin and Carlos provided an update on RFP2020-14 – 200 Baseline Road (Spry
Avenue) property.
The municipality received four proposals and ultimately Council decided not to move
forward with any.
Selena asked if the proposals received included diverse/mixed use applications. Justin
noted that yes, the proposal included diverse/mixed uses.
Page 42
Affordable Housing Task Force June 22, 2021
2
Carlos provided an update on how the approved Secondary Plan for Southeast
Courtice, Southwest Courtice and Brookhill will encourage affordable housing. He
noted that staff will be looking to the Affordable Housing Task Force for insight and
recommendations to Council.
Stacey Hawkins introduced herself and noted that the Durham Region Home Builders’
Association are in protest of these funds being collected by the municipality during the
Secondary Plan process as funds are already being collected by the Region of Durham.
OTHER BUSINESS
Henry asked if there are any parcels of land that we are making progress on. Justin
advised of the surplus land that can be found on the Region’s website.
Councillor Hooper asked if anyone knew what the plans were for Marnwood Nursing
Home as this is a significant piece of property. Cindy Strike stated that the Planning
Department has spoken to representatives and that the site is zoned single, semi
detached or long-term care. Should the buyer wish to change this zoning they would
have to go through planning applications.
PRESENTATIONS
Isaac Jr. Olowolafe, provided background information on how Dream Maker Ventures
was founded and insight into the BlackNorth initiative founded by Wes Hall in Toronto.
Isaac is the Chair of the housing committee and as part of their initiative and they have
been working on innovative ways to increase homeownership in the black community.
They are looking at working with Habitat for Humanity GTA in a joint venture to
accomplish this goal.
ADJOURNMENT
Moved by Councillor Hooper, seconded by Henry Wildeboer
THAT the meeting adjourned at 10:56 a.m.
“CARRIED”
NEXT MEETING
To be determined.
Page 43
Clarington Heritage Committee
Minutes
June 15, 2021
*Subject to Advisory Committee Approval*
- 1 -
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
Minutes of the Clarington Heritage Committee held via Microsoft Teams on June 15,
2021, at 7:00 PM.
Members Present were: Peter Vogel (until 9:00 p.m.), Victor Suppan, David Reesor,
Ron Sproule, Noel Gamble, Steve Conway, Jason Moore
(ACO), Katharine Warren (Museum) Councillor Ron Hooper,
Heather Graham
Regrets: Bob Malone (NVDHS), Myno Van Dyke (NVDHS)
Staff Present: Faye Langmaid, Sarah Allin, Andrew Payne, Planning and
Development Service
Guests: Kayla Jonas Galvin (ARA), Jacqueline McDermid (ARA),
Kirk Kemp, Alfred Massardo, Liza Maw, Rob Groen
(Community Services Department), Stephen Taylor,
Architect for Moon Matz Ltd
Heather Graham was introduced as a newly appointment member of the Clarington
Heritage Committee.
1 Declaration of Interest
There were no disclosures of interest stated at this meeting.
2 Land Acknowledgement Statement
P. Vogel read aloud Clarington’s Land Acknowledgement Statement.
3 Adoption of Agenda
21.25 Moved by K. Warren, seconded by N. Gamble
That the Agenda be adopted
“Carried”
4 Adoption of Minutes of Previous Meeting
21.26 By Consensus
That the minutes of the May 18, 2021 Clarington Heritage Committee
meeting be adopted.
“Carried”
5 Delegations/Presentations:
5.1 Kayla Jonas Galvin, ARA Re: Proposed Official Plan Amendment/Zoning By-law
Amendment
Page 44
Clarington Heritage Committee
Minutes
June 15, 2021
*Subject to Advisory Committee Approval*
- 2 -
K. Jonas Galvin provided an overview of the draft designation report entitled
“Evaluation of 40 Station Street According to Ontario Regulation 9/06”, prepared by
ARA, dated June 11, 2021. The report evaluated the cultural heritage value or
interest of 40 Station Street to inform an update to the existing designation By-law
90-22 in relation to a current proposal for Official Plan and Zoning By-law
Amendments to facilitate the severance of a surplus farm dwelling. The report
identifies the cultural heritage value or interest lies in its representation as an
example of a Georgian style residence built in the mid-19th century, and its
contextual value as a visual landmark positioned at the crest of the hill, viewable
from Station Street.
Committee members discussed details of the ARA report, including the number of
children of the original family, the portico on the front of the dwelling, which was a
later addition and not included as a heritage attribute, and the recognition of the
front basement windows as heritage attributes. The comments will be considered
by ARA, and the report will be updated as necessary.
5.2 Kirk Kemp Re: 40 Station Street; available to answer questions from the CHC.
Mr. Kemp also answered the CHC’s questions relating to the configuration of the
lot, which is configured as proposed to incorporate the well and to exclude any
environmentally sensitive lands, in conjunction with the size restrictions on surplus
farm lots. Committee members inquired about the location of the well and whether
biosolids could pose a hazard to the well servicing the designated dwelling. Mr.
Kemp indicated they are very conscientious in their farming practices, and are not
using biosolids and would not. Mr. Kemp also advised of the intent to continue to
use the existing outbuildings for farm purposes, with no intent to take down the
barns.
Committee members inquired about the proposed shared access to the property
between the proposed surplus farm dwelling and the retained agricultural parcel,
and noted the lovely, winding driveway. Mr. Kemp indicated it is difficult to obtain
another access in such close proximity to Highway 115/35, and they have every
intention to be good neighbours (including snow clearing).
Committee members thanked both K. Jonas Galvin and K. Kemp for their
delegations.
5.3 Alfred Massardo and Liza Maw Re: Request to Repeal Designation By-law for
4478 Highway 115/35
L. Maw provided an overview of the rationale for the request to repeal the
designation By-law 97-17, specifically citing rising property insurance costs and
general difficulty obtaining property insurance as a result of the property being a
designated heritage property under the Ontario Heritage Act. Ms. Maw also
indicated discussions with representatives of the real estate industry have
suggested having a designated dwelling is not ideal for resale value.
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The property owner indicated their experience has been that quotes for property
insurance double upon confirmation that the dwelling is designated. Some
companies have advised they simply no longer insure heritage homes.
The property owners also indicated they forwarded information provided by
Planning and Development Service staff to prospective insurance companies,
clarifying there is no requirement under the Ontario Heritage Act, or the
Municipality of Clarington for the replacement of heritage buildings or attributes in
like kind and quality.
Staff advised they have heard from other property owners and heritage planning
professionals that insurance companies are modifying their practices, making it
difficult for designated heritage homeowners to acquire suitable insurance. This
matter was also the topic of a recent Globe and Mail article.
Committee members inquired as to whether the property could be required to
remain on the Municipal Register to ensure a reduced level of protection if the
designation by-law was repealed. Staff indicated that is a possibility.
Staff advised there have been very few instances in which designation by-laws
have been repealed. Such cases include the by-law for the Rickaby’s building in
downtown Bowmanville after it was destroyed by fire, and homes within the
Highway 407 corridor that were demolished by the Province.
Staff reached out to several owners of designated heritage properties on this
matter, and generally found they have not had issues obtaining reasonable
insurance policies. However, it is noted in all cases the owners had a long history
with their provider and had not made a claim.
Committee members also inquired about overall maintenance of the home,
improvements the homeowners have undertaken, and outlined the need to
continually update the home to reduce risk, reiterating there is no requirement to
insure to replace. Ms. Maw advised the home is kept up-to-date in accordance with
the insurance providers recommended improvements, and despite having provided
the documentation from the Municipality, their provider indicated it was the
designation itself that caused the issue.
Committee members thanked the property owners for their delegation.
5.4 Rob Groen, Community Services Department and Stephen Taylor, Architect for
Moon Matz Ltd Re: Renovations at 156 Church Street, Bowmanville
R. Groen provided an overview of the proposed renovations at 156 Church Street,
Bowmanville to create accessible office and meeting space. The building, formerly
known as the Edna Thompson Daycare, is the Shaw House. It was designated
under the Ontario Heritage Act by By-law 2018-60. As part of the alterations, an
accessible ramp is proposed along the west side of the building. The majority of
the exterior work will be confined to rear of the building, the rear addition was
constructed in approximately 1999. The proposal works with the existing interior
floor plan to minimize alteration to the extent possible. The accessible ramp has
been designed using steel and glass to minimize the expression of the railing on
the exterior of the building, enabling the brick façade to be visible. Committee
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Clarington Heritage Committee
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members questioned whether the ramp could be accommodated on the back of
the building in order to conserve the original west façade view, or whether an
elevator arrangement similar to what was done at Orono Town Hall was
considered. Mr. Groen and Mr. Taylor responded locating the ramp along the west
side of the building would provide more efficient and equitable access from both
the on-site parking area and those who may be approaching from the street. An at-
grade entryway lift would be a challenge in this case given the interior layout,
where the intent is to intrude as little as possible.
Committee members inquired about the ramp’s contact with the brick, which can
be damaging when winter salt becomes trapped between the surfaces. Mr. Taylor
advised there will be a gap between the building face and the ramp, which will also
provide access to the brick should repointing be required in the future.
Committee members thanked the presenters.
6 Business Arising
6.1 40 Station Street Proposed OPA/ZBA
Committee members would like to see the addition of the front basement window
as an identified attribute. Otherwise committee members indicated they are
satisfied the report prepared by ARA covers all the appropriate attributes to inform
an updated designation by-law for the proposed surplus farm dwelling once it is
severed.
21.27 Moved by K. Warren, seconded by R. Sproule
That the Heritage Committee considers “Evaluation of 40 Station Street According to
Ontario Regulation 9/06”, prepared by ARA, dated June 11, 2021 to cover the
appropriate attributes to adequately inform an updated designation by-law, pending the
addition of the front basement windows being added as a physical attribute.
“Carried”
6.2 4478 Highway 115/35 Request to Repeal
K. Jonas Galvin advised Committee members that a street view site visit was
undertaken at the request of Planning and Development Services staff. Based
upon the visual inspection undertaken, it appears the external heritage attributes
that were included in the reasons for designation are intact and being cared for.
Committee members confirmed the current property owner was involved in the
designation of the property in 1997.
As part of their consideration of the request, a CHC member also contacted a
major insurance provider, and was advised the company no longer offered
insurance on designated heritage homes due to government agency approvals
associated with repairs.
Committee members noted such insurance challenges undermine the good work
the CHC and Council have done over the years to conserve Clarington’s cultural
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Clarington Heritage Committee
Minutes
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heritage. The CHC’s Education and Outreach Committee will explore opportunities
to connect with insurance and real estate agencies to address the myths regarding
the requirement to replace with materials of like kind and quality.
Committee members acknowledged the issue is difficult, and although the CHC
empathizes with the homeowners, the designation of the property followed the
appropriate process, noting the Committee worked closely with the property
owners to designate the home at that time.
Committee members recognized the mandate of the Committee is to ensure
cultural heritage value is conserved, and must make a recommendation based on
whether the property has cultural heritage value or interest, and should be
protected, which is the case with this property.
As the significant attributes of the property are intact, the Committee must maintain
the position that the property has cultural heritage significance and the designation
should be maintained. The consideration of insurance and property value matters
are not identified as criteria for consideration of cultural heritage value or interest
under the Ontario Heritage Act, and are outside the scope of the CHC. Committee
members noted Council may have the mandate to consider such external factors
as part of its decision. The insurance matter is one that the Province should
address as the regulator of the insurance industry.
Committee members discussed the possibility for a two-part recommendation.
Specifically, that the Committee recommends the designation by-law be retained
as the heritage attributes on which the designation is based are intact. However, in
the event the designation by-law is repealed, the property should remain on the
Municipal Register as a non-designated property. V. Suppan appreciated the
intent, however disagreed with the Municipal Register alternative to reduce the
property to a non-designated property on the Register, given the property retains
its cultural heritage value or interest as identified in the designation By-law.
21.28 Moved by K. Warren, seconded by R. Sproule
“That the CHC has reviewed the designation By-law 90-17 for 4478 Highway
35/115 and finds it to be still valid, and therefore recommends to Council that the
property should remain designated.
However, the CHC also requests that in the event Council decides to approve the
request to repeal the designation by-law for 4478 Highway 35/115, that the
property remain on the Municipal Register as a non-designated property.”
“Carried”
6.3 156 Church Street, Bowmanville Re: Proposed Renovations
Committee members generally appreciate the proposed renovations, and
indicated the glass and steel design complements and is not too intrusive to the
heritage building. Members discussed the option to introduce an entryway lift,
rather than a ramp, however recognized elevators are not always cost effective or
feasible.
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Staff advised the Committee of the project timeline related to Federal grant
funding, which requires construction to be completed by the end of 2021, with the
tender being awarded over the summer.
21.29 Moved by V. Suppan, seconded by R. Sproule
“That the CHC recommends approval of the proposed alterations to the designated
heritage property at 156 Church Street, Bowmanville, and considers the proposed
alterations to be minor as they do not impact adversely upon the identified heritage
attributes.
“Carried”
6.4 2021 Heritage Incentive Grant Applications
Staff provided an overview of the Heritage Incentive Grant Applications received
for 2021. Specifically, the following two applications have been received:
2725 Concession Road 7 (Tyrone Blacksmith Shop): proposed replacement
of shingles and rebuilding of chimney; and
67 Ontario Street: proposed repair/replacement of front stone porch.
The Committee considered the proposed applications and made the following motions:
21.30 Moved by N. Gamble, seconded by D. Reesor
“That the CHC recommends approval of the proposed alterations and Heritage
Incentive Grant application for 2725 Concession Road 7 as a minor application,
subject to (i) the replacement shingles are black and of a material similar to the
existing shingles, and (ii) the chimney being replaced with like brick.
“Carried”
21.31 Moved by V. Suppan, seconded by N. Gamble
“That the CHC recommends approval of the proposed alterations and Heritage
Incentive Grant application for 67 Ontario Street as a minor application, subject to
(i) the repaired/replacement porch being a similar size as the existing porch, with
handrails that are similar to what is there currently.
“Carried”
6.5 The Fletcher Tree (standing agenda Item)
There is no update on this item.
6.6 Update on Belmont House (302 Given Road)
Staff received an update from the applicant has indicating they are still pursuing
the restoration of the Belmont House. However, at this time the property owner is
focusing attention on the adjacent subdivision. Committee members noted there is
earth being moved in the vicinity of the artesian well, and that care should be
taken to ensure the well and spring are not disturbed/damaged.
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Clarington Heritage Committee
Minutes
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6.7 Update on 81 Scugog Street
A second letter has been prepared and sent to the property owners identifying the
requirement to maintain the heritage attributes of the dwelling, and requesting they
contact either staff or the CHC to discuss the required repairs. A response has
been requested by June 30th.
7 Correspondence and Council Referrals: None
8 Reports from other Committees
8.1 Bowmanville, Newcastle, and Orono CIPs – The CIP Liaison Groups met in May.
A summary of the CIP meetings will be provided to the CHC. The proposed
amendment to the COVID-19 Community Improvement Plan was approved by
Council at its June 14th meeting. The amendment will come into effect upon the
expiration of the 20-day appeal period.
8.2 Architectural Conservancy of Ontario (ACO), Clarington Branch – Virtual Doors
Open Clarington is up and running. New sites will be added throughout the
summer.
8.3 Newcastle Village District Historical Society (NVDHS) – No Report.
8.4 Museum –The Museum remains closed to the public.
8.5 Heritage Conservation District Advisory Committee – No Report.
8.6 Wilmot Creek Heritage Park – No Report.
9 Project Reports
9.1 Municipal Inventory/Register: The sub-committee did not complete evaluations
this month for consideration by the full Committee. However, work is being
prepared and will be brought forward to the CHC at a meeting in the fall.
9.2 Outreach/Education Sub-committee:
Cultural Heritage Information Stations Initiative: The sub-committee met prior to
the CHC meeting to discuss the direction for the project. The sub-committee has
some homework to do before bringing the information back to the full Committee in
the fall; including site visits to determine potential locations and formats for the
information stations.
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Clarington Heritage Committee
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10 New Business
10.1 4504 Highway 2, Newtonville Proposed Zoning By-law Amendment:
A public meeting was held to hear input from the public and Council on June 7, 2021 on
the proposed rezoning to allow for commercial uses on the property. Comments have
been received relating to the fact that the property is within an area that has been
identified in the Clarington Official Plan as a potential cultural heritage landscape. A
recommendation for the zoning amendment application will likely go forward in the fall.
In the meantime, Staff and Council recommended that the CHC be consulted on the
proposed amendment. Staff will provide the CHC relevant information. CHC members
are requested to undertake a site visit. This item will be added to the CHC’s September
agenda.
10.2 The Committee welcomed Heather Graham as the newly appointed Heritage
Committee member. H. Graham expressed her thanks for the opportunity to join
the Committee.
Adjournment: 9:30 p.m.
Next Meeting: September 21, 2021, 7:00 p.m.
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Committee
Report to Council
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: GGR-011-21
Date of Meeting: July 5, 2021
Report Subject: General Government Committee Meeting of June 21, 2021
Recommendations:
1. Receive for Information
(a) 9.1 Minutes of the Energy from Waste - Waste Management
Advisory Committee dated May 25, 2021
(b) 9.2 Minutes of the Ganaraska Region Conservation Authority
dated May 20, 2021
(c) 9.3 Sarah Glover, Committee Clerk, Region of Durham,
Regarding Response from Region of Durham Regarding
Resolution #C-162-21 City of Toronto Request to Use Energy-
From-Waste Facilities in Ontario
(d) 10.1 Clarington Resident [Information Redacted], Regarding a
Request to Remove Section 3.5 and 3.7 from By-law 2013-
024
(e) 10.4 Tiffany Balducci, President, Durham Region Labour Council,
Regarding a Proposal to Create a Free Trade Zone Point at
Hamilton Oshawa Port Authority (H.O.P.A.) in Oshawa
(f) ESD-002-21 Emergency and Fire Services 2020 Annual Report
(g) CSD-005-21 2021 Update on Diversity Initiatives and Clarington’s Diversity
Advisory Committee
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Municipality of Clarington Page 2
Report GGR-011-21
2. Meera MacDonald, Chair, Diversity Advisory Committee, Regarding
Report CSD-005-21 Update on Diversity Initiatives and Clarington's
Diversity Advisory Committee
That the Delegation of Meera MacDonald, Chair, Diversity Advisory Committee
regarding Report CSD-005-21 Update on Diversity Initiatives and Clarington's
Diversity Advisory Committee, be received with thanks.
3. Memo from Stephen Brake, Director of Public Works, Regarding
Bowmanville Fishway Fish Counter
That Communication Item 10.2, Memo from Stephen Brake, Director of Public
Works, Regarding Bowmanville Fishway Fish Counter, be received; and
That $15,000 for the Bowmanville Creek Fishway Fish Counter, be approved; and
That the cost of the fish counter be funded from the 2021 Capital Account that was
approved for other “outdoor recreation needs to be determined.”
4. Red Oak Tree at 21 Beech Ave
That Report PWD-025-21 be received;
That the preservation plan be approved, and the Self -Insured Losses Reserve be
utilized to fund the costs up to $56,100;
That Staff be given the ability to sole source the contract; and
That all interested parties listed in Report PWD-025-21 and any delegations be
advised of Council’s decision.
5. Active Transportation on West Beach Road
That Report PWD-026-21 be received;
That the active transportation needs and recommendations for West Beach Road
between East Shore Drive and the future West Beach Park be addressed through
the active transportation master plan study; and
That all interested parties listed in Report PWD-026-21 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 3
Report GGR-011-21
6. Meeting Schedule – Updated to Reflect Changes to Procedural By-law
That Report LGS-022-21 be received;
That the meeting schedule for the remainder of the term of Council 2018 to 2022,
attached as Attachment 1 to Report LGS-022-21, be approved with the following
amendments:
“That the Joint Committee meeting scheduled on October 25, 2021 be
changed to a General Government Committee meeting; and
That the remainder of the meetings be moved forward a week”; and
That all interested parties listed in Report LGS-022-21, and any delegations, be
advised of Council’s decision.
7. 2021 – 2022 Insurance Report
That Report FSD-032-21 be received;
That the general insurance placement, in conjunction with the other member
municipalities of the Durham Municipal Insurance Pool, with Intact Insurance
(formerly Frank Cowan Company) for an integrated pooling arrangement that
includes integrated insurance coverages and common self- retention deductible
levels for the period July 1, 2021 to June 30, 2021, at a cost to Clarington of
$996,351 be confirmed; and
That the purchase of cyber liability coverage through Ascent at a cost of $42,000 be
confirmed.
8. Truth and Reconciliation Commission's Calls to Action - Municipal Path
Towards Reconciliation
Whereas the month of June is recognized as National Indigenous History Month
and is dedicated to the children who died from neglect and abuse, the families left
behind and the survivors of residential schools;
Whereas June 21 is recognized as National Indigenous Peoples Day and provides
us with the opportunity to explore and learn more about the rich and diverse
cultures, voices, experiences and histories of First Nations, Inuit and Métis peoples;
Whereas in 2015, the Truth and Reconciliation Commission of Canada released 94
Calls to Action to “redress the legacy of residential schools and advance the
process of Canadian reconciliation;”
Whereas there are Calls to Action that are directed to and identify steps that
municipalities and all levels of government can take;
Whereas the Municipality of Clarington has recently taken several steps to educate
staff and Council about colonization and its ongoing effects on the Indigenous
Community, including the adoption of a Land Acknowledgement Statement and
Indigenous Cultural Awareness Training for Council and Staff;
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Municipality of Clarington Page 4
Report GGR-011-21
Now therefore be it resolved that the Council of the Municipality of Clarington direct
staff to examine the Truth and Reconciliation Commission of Canada’s 94 Calls to
Action, in consultation with our relevant Advisory Committees and members of our
Indigenous community, and report back to Council by early 2022 to identify
recommendations that the Municipality could undertake to move forward with
reconciliation.
9. Purchasing During the Summer
That a special Council meeting be scheduled, if necessary, for July and August, to
consider purchasing contracts, if Council approval is required.
10. Granville Dr. / William Ingles Dr. – Courtice – Three Way Stop Control
Investigation
That Unfinished Business Item 19.1, Memo from Stephen Brake, Director of Public
Works, Regarding Granville Dr./William Ingles Dr. - Courtice - Three Way Stop
Control Investigation, be received; and
That the speed limit on Granville Drive be reduced to 40 km/hou r.
11. Appointment to the Tourism Advisory Committee
That Report LGS-021-21 be received;
That the resignations of Kimberly Demonte and Ann-Marie Harley be received with
thanks;
That Marsha Carbon and Rita Smith be appointed to the Tourism Advisory
Committee for a term ending December 31, 2022 or until a successor is appointed;
and
That all interested parties listed in Report LGS-021-21 and any delegations be
advised of Council’s decision.
Page 55
Committee
Report to Council
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: GGR-012-21
Date of Meeting: July 5, 2021
Report Subject: Special General Government Committee Meeting of June 23, 2021
Recommendations:
1. Confidential Litigation Matter Related to the Proposed Anaerobic
Digestor Dispute
Page 56
Committee
Report to Council
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: PDR-009-21
Date of Meeting: July 5, 2021
Report Subject: Planning and Development Committee Meeting of June 28, 2021
Recommendations:
1. Receive for Information
(a) 10.1 Garth Frizzell, President, Federation of Canadian
Municipalities, and Frank Cownie, President, ICLEI - Local
Governments for Sustainability, Regarding Clarington
Achieving Milestone 2 for Corporate Greenhouse Gas (GHG)
Emissions
2. Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath,
Regarding an Update on the Lakeridge Health Bowmanville Helipad
and Clarington Hospice
That the presentation of Mark Murphy, Sr. Director, Capital and Planning, Lakeridge
Heath, Regarding an Update on the Lakeridge Health Bowmanville Helipad and
Clarington Hospice, be received with thanks.
3. Applications by Fairhaven Investments Inc. for Draft Plan of Subdivision
and Zoning By-law Amendment to permit 34 residential units consisting
of 8 single detached units and 26 townhouse units
That Report PDS-036-21 be received for information only;
That staff receive and consider comments from the public and Council with respect
to the Draft Plan of Subdivision and Zoning By-law Amendment applications; and
That all interested parties listed in Report PDS-036-21 and any delegations be
advised of Council’s decision.
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Municipality of Clarington Page 2
Report PDR-009-21
4. Official Plan and Zoning By-law Amendment applications to facilitate
the severance of a surplus farm dwelling
That Report PDS-037-21 be received;
That the Municipality of Clarington has no objections to the approval of ROPA
2021-001
That Amendment No.128 to the Clarington Official Plan as contained in Attachment
1 of Report PDS-037-21 be adopted;
That the By-law to amend Zoning By-law 84-63 attached to Report PDS-037-21, as
Attachment 2, be approved;
That with regard to Heritage Designation of 40 Station Street, Orono:
the draft updated Designation By-law (Attachment 3) be endorsed;
the enactment of the updated Designation By-law be required as a condition
of approval of any future Land Division application on the subject lands; and
the Clerk be authorized to issue the required Notice under Part IV of the
Ontario Heritage Act to initiate the process to amend the designation on the
subject lands.
That all interested parties listed in Report PDS-037-21 and any delegations be
advised of Council’s decision.
5. Envision Durham, Proposed Policy Directions
That Report PDS-038-21 be received;
That the proposed policy directions as outlined in Tables 1 through 7 of Report
PDS-038-21, be supported;
That vegetation protection zones not be included in any natural heritage mapping;
That natural heritage mapping be consistent with Clarington’s zoning resolution
passed on December 14/15, 2020;
That there be full access for cyclists and pedestrians to Courtice waterfront ;
That the Region of Durham Planning and Economic Development Department be
forwarded a copy of Report PDS-038-21 and Council’s decision; and
That all interested parties listed in Report PDS-038-21 and any delegations be
advised of Council’s decision.
6. Recreation Vehicle and Trailer Storage Study
That Report PDS-039-21 be received;
That the Study and options outlined by D.M. Wills be referred to staff for inclusion in
the Zone Clarington recommendations and upcoming Official Plan Review;
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Municipality of Clarington Page 3
Report PDR-009-21
That the topic of On-Farm Diversified Uses and guidelines for such uses be
referred to the Agricultural Advisory Committee of Clarington for their input; and
That all interested parties listed in Report PDS-039-21 and any delegations be
advised of Council’s decision.
7. Request to Repeal Designation By-law; 4478 Highway 35/115
That Report PDS-040-21 be received;
That Council refuse the application to repeal the heritage designation By-law 97-17
for the property located at 4478 Highway 35/115;
That a copy of Council’s resolution be sent to the Ministry of Heritage, Sport,
Tourism, and Culture Industries, the Association of Municipalities of Ontario, the
Insurance Bureau of Canada, and Ontario Heritage Trust;
That Staff report back on a “Heritage Property Tax Relief Program” as allowed for
by the Ontario Heritage Act; and
That all interested parties listed in Report PDS-040-21 and any delegations be
advised of Council’s decision.
8. Insurance Issues for Designated Properties
Whereas the Province of Ontario identifies the conservation of features of
significant cultural and historical value as a matter of Provincial interest, and
Provincial policy directs municipalities to conserve significant cultural heritage
resources;
And Whereas the Ontario Heritage Act governs the processes by which cultural
heritage resources are protected for the long-term, requires municipalities to
maintain a Municipal Register, and empowers municipalities to designate by by-law
properties having cultural heritage value or interest to fulfill the intent of the
Province’s mandate;
And Whereas the Insurance Bureau of Canada recognizes the value of owning and
preserving cultural heritage resources as part of Canada’s history;
And Whereas there appears to be misalignment and misconception between the
requirements of designated heritage property owners under the Ontario Heritage
Act, regulations governing insurance providers, and the policies and practices
thereof as they relate to the replacement cost of designated heritage homes with
materials and craftsmanship of like kind and quality;
And Whereas this potential misalignment or misconception of such replacement
requirements by insurance providers creates a situation where some homeowners
of designated heritage properties have indicated they have difficulty obtaining
suitable property insurance coverage at a reasonable cost in order to continue as
stewards of our communities’ significant cultural heritage resources, which often
are private residences;
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Municipality of Clarington Page 4
Report PDR-009-21
And Whereas the Insurance Bureau of Canada and the Minister of Finance through
the Financial Services Regulatory Authority of Ontario administers rules and
regulations governing property insurance matters;
Now therefore be it resolved:
That the Municipality of Clarington requests the Minister of Heritage, Tourism,
Sport, and Cultural Industries to engage in meaningful dialogue with the Minister of
Finance and the Insurance Bureau of Canada to initiate a review to address and
ensure alignment between the requirements of the Ontario Heritage Act, the
regulations governing insurance providers, and the policies and practices thereof, in
order to better support, rather than penalize, owners of designated heritage
properties, who act as stewards of the Province’s significant cultural heritage
resources throughout communities across Ontario; and
That as a part of the Province’s actions to address this matter, municipal heritage
committees be invited to engage as stakeholders; and
That a copy of this resolution be forwarded to the Honourable Doug Ford, Premier
of Ontario, Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland-
Peterborough South); and
That a copy of this resolution be forwarded to the Association of Municipalities of
Ontario.
Page 60
Audit Committee
Agenda
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Coordinator at 905-623-3379 ext. 2131.
Date: June 29, 2021
Time: 9 :00 a.m.
Place: Held Virtually via Microsoft Teams
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Phone Conference ID: 980 787 562#
1. Call to Order
Councillor Neal called the meeting to order at 9:02 AM.
2. Land Acknowledgement Statement
Mayor Foster recited the Land Acknowledgement Statement.
3. Declarations of Pecuniary Interest
3.1 None
4. Adoption of Minutes of Previous Meeting(s)
Resolution #AAC-006-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That the minutes from the Audit and Accountability Committee held April 7, 2021 be
approved.
Carried
5. Presentations
5.1 None
6. Delegations
6.1 None
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Audit Committee Minutes June 29, 2021
Page 2 of 4
7. Communications – Receive for Information
Resolution #AAC-007-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That the Investment Compliance memo dated May 5, 2021, be received.
Carried
8. Items for Direction
8.1. Report FSD-034-21, Bank Signing Policy
Resolution #AAC-008-21
Moved by Councillor Hooper
Seconded by Mayor Foster
1. That Report FSD-034-21 be received;
2. That the draft Bank Signing Authority Policy, as attachment #1 be approved;
3. That the draft by-law as attachment #2, to repeal Bowmanville By-law 1786 and
Town of Newcastle By-law 88-97 be approved; and
4. That the Municipality’s banking institutions, and any delegations, be advised of
Council’s decision.
Carried
Recommendation to Council #1
That the Banking signing policy be approved, and the by-law attached to
Report FSD-034-21 be passed.
8.2. Report FSD-035-21, Investment Policy
Resolution #AAC-009-21
Moved by Mayor Foster
Seconded by Councillor Hooper
1. That Report FSD-035-21, be received; and
2. That the proposed updated Investment Policy be approved.
Carried
Page 62
Audit Committee Minutes June 29, 2021
Page 3 of 4
Recommendation to Council #2
That the Investment Policy attached to Report FSD-035-21be approved.
8.3 Report FSD-036-21, Purchasing By-law
Resolution #AAC-010-21
Moved by Councillor Hooper
Seconded by Mayor Foster
1. That Report FSD-036-21, be received;
2. That the updated Purchasing By-law, attached to the Report (Attachment 1), be
passed; and
3. That all interested parties listed in report FSD-036-21 and any delegations be
advised of Council’s decision.
Carried
Recommendation to Council #3
That the Purchasing By-law attached to Report FSD-036-21 be approved.
8.4 Report FSD-037-21, Capital Projects (2020 and prior)
Resolution #AAC-011-21
Moved by Mayor Foster
Seconded by Councillor Hooper
1. That Report FSD-037-21, Capital Projects (2020 and prior) be received for
information.
Carried
Recommendation to Council #4
That report FSD-037-21, Capital Projects (2020 and prior) be received for
information.
9. Other Business
9.1 None
Page 63
Audit Committee Minutes June 29, 2021
Page 4 of 4
10. Adjournment
Resolution #AAC-012-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That the meeting adjourn at 10:25 AM.
Carried
Page 64
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Council
From: Trevor Pinn, CPA, CA – Director of Financial Services / Treasurer
Date: July 5, 2021
Re: Information Request at Audit and Accountability Committee (re:
Purchasing limits)
The following memo is a follow up to a question posed at the Audit and Accountability
Committee (AAC) meeting of June 29, 2021 regarding the number of procurements that
would be impacted by the proposed change in limits. The proposed changes in limits
does bring the Municipality in line with other Durham municipalities and is meant to
improve procurement efficiencies and timelines.
Based on the 2020 year, the following procurement changes would have been impacted
Limit change for CAO approval from $250,000 to $500,000
o Four tenders, all construction related
o Three RFPs, one of which is required under the Municipal Act to be
approved by Council (appointment of auditors) so this would come to
Council regardless
Change in CAO approval for consultants from $30,000 to $50,000
o Two RFPs
If there are additional questions, please let me know.
Thank you,
Trevor Pinn, CPA, CA
Director of Financial Services/Treasurer
Financial Services
cc: Andrew Allison, CAO
Department Heads
David Ferguson, Purchasing Manager
Page 65
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: Council
Date of Meeting: July 5, 2021 Report Number: CSD-006-21
Submitted By: George Acorn, Director of Community Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: [If applicable, enter File Number] By-law Number:
Report Subject: Enabling Accessibility Fund Application
Recommendations:
1. That Report CSD-006-21 be received;
2. That Council support the application for funding the project;
3. That Council approve an amount not to exceed $472,500 dollars (35% of the total
cost of the project) subject to approval of our funding application for the federal
Enabling Accessibility Fund from the Tax Rate Stabilization Reserve Fund;
4. That upon approval of the funding staff be authorized to issue an RFP f or the design
and engineering for the accessibility improvement project at the Municipal
Administrative Centre; and
5. That all interested parties listed in Report CSD-006-21 and any delegations be
advised of Council’s decision.
Page 66
Municipality of Clarington Page 2
Report CSD-006-21
Report Overview
The Municipality of Clarington is committed to ensuring that people of all ages and abilities
enjoy the same opportunities as they live, work, play, visit and invest in our communities.
We promote a caring, inclusive and respectful community where Municip al programs,
services and facilities are available to everyone, including people with disabilities. Our goal
is to ensure accessibility for the public we serve and our employees. Staff are considering
an application to the Enabling Accessibility Fund to provide accessibility improvements at the
Municipal Administrative Centre to provide an accessible space for our employees and
residents. This proposed project would greatly improve accessibility and will include an
accessible connection between the Municipal Administrative Centre and the Clarington
Public Library Bowmanville Branch. Subject to approval of funding, a cash commitment of
$472,500 is required by the Municipality.
As the centrepiece of municipal administration, it is important this building is made more
accessible for the residents of our community who visit the building to access services.
Additionally, the Municipality as an employer, wants to create an accessible workplace that
accommodates the needs of a diverse workforce. The work we inte nd to accomplish through
this funding opportunity will make great strides forward in both key areas.
The guidelines of this funding program require a commitment of up to 35% of the proposed
project cost. Based on the estimated project cost of $1.35M, staff are seeking approval from
Council for $472,500. This approval is subject to the Municipality being successful with the
funding request. If successful, we are planning to have this work commence in Summer
2022.
1. Background
1.1 The Enabling Accessibility Fund is a federal grant administered through Employment
and Social Development Canada that makes Canadian communities and workplaces
more accessible for persons with disabilities. The aim of the fund is to create more
opportunities for persons with disabilities to take part in community activities, programs,
and services or to access employment.
1.2 There are three different program components, and each holds separate calls for
funding. Staff have reviewed the program components and have identified an
opportunity for an application to the Mid-Sized Projects component which gives funding
for larger construction projects.
1.3 The Mid-Sized Project component will provide between $350,000 up to $1 million dollars
for accessibility upgrades. This is the first time this component has been available since
2018. Applicants are required to demonstrate cash contributions of a minimum of 35%
of the project total.
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Municipality of Clarington Page 3
Report CSD-006-21
2. Application
2.1 The Municipality of Clarington is committed to ensuring that people of all ages and
abilities enjoy the same opportunities as they live, work, play, visit and invest in our
communities. Currently, we meet legislated obligations under the Accessibility for
Ontarians with Disabilities Act (AODA), however there is much opportunity to enhance
our accessibility in our buildings and services which in turn provides a better experience
for all.
2.2 Application to the program is due July 29, 2021. Staff are currently preparing a proposal
for a major accessibility renovation at the Municipal Administrative Centre which could
include:
Modify the ramp access on the north entrance and provide a new accessible
entrance
Provide accessible customer service counter(s)
Develop a landscaped service animal relief area
Install universal washroom facility on main floor
Install two mobility device charging stations
Install new power door openers
Implement wayfinding signage
Improve accessibility to connect Municipal Administrative Centre with Clarington
Public Library Bowmanville Branch through installation of a ramp or replacement of
the existing lift
2.3 These enhancements will provide an accessible space for both our staff and residents
and will eliminate barriers for people entering our buildings to work and / or receive
services.
2.4 Projects must be ready to start on or after April 1, 2022 and must be completed by
March 31, 2024. Based on previous applications through this program, it is anticipated
funding decisions will be announced early in 2022.
2.5 To assist in illustrating the benefit this project would have to both the staff and the public
who work and access services in the Municipal Administrative Centre and the Library
Main Branch, staff will be seeking the support of our Accessibility Advisory Committee
and the Clarington Public Library, as part of the application process. If we are
Page 68
Municipality of Clarington Page 4
Report CSD-006-21
successful in our application, we will also be involving both in the design and details for
the renovation project.
3. Financial Considerations
3.1 Applicants through the Enabling Accessibility Fund Mid-Sized Projects stream are
required to demonstrate a cash contribution of 35%.
3.2 It is estimated the project value for the above-mentioned upgrades will total $1.35
Million. When awarded the full amount, the Municipality of Clarington will need to
commit up to 35% of the total cost or $472,500 to the project.
3.3 The Treasurer has been consulted on the financial implications and has advised that the
required funds could be allocated from the Tax Rate Stabilization Reserve Fund in order
to secure the funding. The Treasurer would recommend that a contribution to the Tax
Rate Stabilization Reserve Fund over a period of five years or $95,000 be funded from
the tax levy to replenish the Fund. Alternatively, a transfer of $472,500 could be
included in the 2022 budget, which has the effect of having this project funded as a
2022 budget item while ensuring cash resources are available to meet the application
criteria.
3.4 The project budget will include:
Item Estimated Cost
Engineering and Design $148,000
Construction $1,136,000
Post renovation furnishings and equipment $66,000
Total $1,350,000
4. Concurrence
4.1 This report has been reviewed by the Director of Financial Services/Treasurer who
concurs with the recommendations.
Page 69
Municipality of Clarington Page 5
Report CSD-006-21
5. Conclusion
5.1 The successful receipt of this funding for renovation of the Municipal Administrative
Centre will assist in Clarington’s goal to be an inclusive employer and create a diverse
and inclusive environment for our staff and our residents. It is respectfully
recommended that Council approve the funds required to be able to apply for the
Enabling Accessibility Fund and subsequent RFP process.
Staff Contact: Erica Mittag, Community Development Coordinator, 905-623-3379 ext. 2563 or
emittag@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 70
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: Council
Date of Meeting: July 5, 2021 Report Number: FSD-038-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: [If applicable, enter File Number] By-law Number:
Report Subject: Authority to Enter Into Funding Agreements – ICIP grants
Recommendations:
1. That Report FSD-038-21 be received;
2. That the By-law attached to Report FSD-038-21, as attachment 1, be approved; and
3. That all interested parties listed in Report FSD-038-21 and any delegations be
advised of Council’s decision.
Page 71
Municipality of Clarington Page 2
Report FSD-038-21
Report Overview
The Municipality has been awarded four grants from the Government of Canada and the
Province of Ontario through the Investing in Canad a Infrastructure Plan (ICIP). The transfer
agreements require Council approval to enter into them, Staff are seeking authority to sign
these agreements to receive the funding
1. Background
Investing in Canada Infrastructure Plan (ICIP) Grant
1.1 The Municipality has applied for several projects under the Investing in Canada
Infrastructure Plan (ICIP) and have recently been informed that we have been approved
for those projects.
1.2 The Municipality was successful under the Green Infrastructure Stream, receiving
funding for work to be completed at the Eiram Stormwater Management Pond. This
grant was for $175,706 of the $239,610 total expenditures.
1.3 Staff have received the four Transfer Payment Agreements (TPA) and noted that
section A.31.1 requires “a copy of the by-law(s), council resolution(s) or both or any
other necessary instrument applicable to the Recipient (us) authorizing its entry into the
Agreement.”
1.4 The attached by-law provides this required documentation and will allow the Municipality
to enter into the agreement to receive funding under the grant programs. Any Municipal
share has already been budgeted for.
1.5 Staff anticipate that the three ICIP agreements related to the COVID-19 Resiliency
intake will be forthcoming in July and are therefore seeking approval to sign those
agreements as well. This intake is funded 80 per cent by the Federal Government and
20 per cent by the Province of Ontario.
1.6 The Municipality will receive a total of $144,828 towards tree planting.
1.7 The Shaw House renovation project will receive $300,000 toward making the building
usable in a post pandemic capacity.
1.8 Finally, the Municipality has received $144,829 towards expansion of the Lions Trail in
Newcastle, again related to providing public trails for use during COVID-19.
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Municipality of Clarington Page 3
Report FSD-038-21
2. Concurrence
Not Applicable.
3. Conclusion
It is respectfully recommended that Council grant authority to the Mayor and Clerk to
execute the transfer payment agreements on behalf of the Municipality.
Staff Contact: Trevor Pinn, CPA, CA, Director of Financial Services/Treasurer, 905-623-3379
ext. 2602 or tpinn@clarington.net.
Attachments:
Attachment 1 – Draft By-law To Enter into a Transfer Payment Agreement
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 73
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 authorize the execution of a Transfer Payment Agreement under the
Investing in Canada Infrastructure Plan.
Whereas the Council of The Corporation of the Municipality of Clarington has approved
the recommendations of Report FSD-038-21, and deems it desirable to pass this by-law
to authorize the execution of certain agreements;
And whereas Section 8 of the Municipal Act, 2001, S.O.c. 25 provides, in part, that a
municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising authority;
Now therefore the Council of the Municipality of Clarington enacts as follows :
1. That the Mayor and Clerk be authorized to execute the Transfer Payment
Agreement under the ICIP for the Eiram Stormwater Management Pond .
2. That the Mayor and Clerk be authorized to execute the Transfer Payment
Agreement under the ICIP for Tree Planting.
3. That the Mayor and Clerk be authorized to execute the Transfer Payment
Agreement under the ICIP for Newcastle Lions Trail Expansion.
4. That the Mayor and Clerk be authorized to execute the Transfer Payment
Agreement under the ICIP for the Shaw House Renovation .
Passed in Open Council this 5th day of July, 2021.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 74
Municipality of Clarington
Council Meeting
Resolution #
DATE July 5, 2021
MOVED BY Councillor Neal
SECONDED BY _______________________
The following Resolution #PD-212-21 was referred to the July 5, 2021 Council Meeting:
Be it resolved that the ad hoc committee for the resolution of Camp 30 meet with th e
developer over the summer 2021 to attempt to resolve the matter by August 31, 2021.
Page 75
Page 2
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
On November 16, 2020 Council endorsed the recommendations contained in PSD-051-
20 as follows:
1.That Report PDS-051-20 be received;
2.That the Community Vision for Jury Lands, Urban Design Master Plan +
Design Guidelines for former Ontario Boys Training School and WWII Prison of
War Camp 30 by DTAH dated April 2019 be accepted;
3.That Official Plan Amendment 121 and the Block Master Plan im plement the
Community Vision by DTAH;
4.That Official Plan Amendment 121 prohibit private residential development
buildings within the ring road of the Jury Lands;
5.That the consulting team for Soper Hills Secondary Plan be retained to assist
with refining draft Official Plan Amendment No. 121;
6.That Staff continue to work with the land owners on other issues to be brought
forward in a subsequent report; and
7.That all interested parties listed in Report PDS-051-20 and any delegations be
advised of Council’s decision.
Staff received the rework of the draft OPA 121 from the SGL, the Soper Hills Secondary
Plan consultant, it is currently being reviewed. Staff will be on circulating the revised
draft to the commenting agencies in the near future. We will also meet with the owners
and their consultants to review their comments.
Staff and the consultant (SGL) have been working through the implications of the
density and built form requests by the developer in an attempt to ensure what is being
To:
From:
Date:
Subject:
File:
Mayor and Members of Council
,
Update on Jury Lands, Draft OPA 121
COPA2018-0003, PLN 34.5.2.64
MEMO
Page 76
proposed is in keeping with the character of the former campus buildings and will be
complementary to the development on the east side of Lamb’s Road (Soper Hills
Secondary Plan area), meet the principles set out in Special Policy Area F of the
Clarington Official Plan and the Community Vision for Jury Lands, Urban Design Master
Plan + Design Guidelines by DTAH (accepted by Council). The review by Staff and
commenting agencies is to ensure the draft OPA conforms to and is consistent with
Provincial, Regional and local policy.
To address the built forms being requested by property owners (Lambs Road School
Property, Ltd. aka Kaitlin/Fandor and Farsight) we will have to update the urban design
guidelines to address apartment and condo style buildings (4 and 6 storey) being
proposed along Lambs Road, a local corridor were heights up to 6 stories may be
allowed in certain locations.
On the June 28th PDC Agenda the resolution proposed by Councillor Neal was referred
to the July 5th Council meeting. As follows:
Be it resolved that the ad hoc committee for the resolution of Camp 30 meet with
the developer over the summer 2021 to attempt to resolve the matter by August
31, 2021. be referred to the July 5th Council.
This relates to the previous resolution #PD-220-20 passed in December 2020:
That New Business Item 14.1, be referred to the meeting when the OPA 121
(regarding Jury Lands and Special Policy Area F) will be before Committee.
Staff have concerns with forming an ad hoc committee, we would not wish to have any
Councillor put themselves into a position where their independence to make a statutory
decision is compromised by having been formally appointed to have discussions with
the developer as a representative commenting or negotiating on behalf of all of Council.
Staff are quite willing to meet with Councillors and the land owners in an informal
manner to share information and perspectives, it should not be characterized as a
negotiation.
Page 77
We anticipate that we will have a recommendation report on the September 13, 2021
Joint Committee meeting for draft OPA 121.
Ryan Windle
Director of Planning and Development Services
FL/tg
cc: Andy Allison, CAO
Rob Maciver, Director of Legislative Services
Faye Langmaid, Manager of Special Projects
Devon Daniells, Kaitlin Developments
Domenic Dell’Elce, Fandor Homes
Bob Schickendanz, Farsight Developments
Marilyn Morawetz, Jury Lands Foundation
Page 78
Municipality of Clarington
Council Meeting
Resolution #
DATE July 5, 2021
MOVED BY Councillor Neal
SECONDED BY _______________________
The following Resolution #PD-215-21 was referred to the July 5, 2021 Council Meeting:
That staff be directed to commence proceedings under the HCA to obtain all of the
records and information on the Amesa testing since 2015 which Durham Region has
refused to provide.
Page 79
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
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: Ryan Windle, Director, Planning and Development Services
Date: July 2, 2021
File No.: PLN 33.3.10
Re: AMESA Monitoring Reporting for the Durham York Energy Centre
July 5, 2021 Council – Unfinished Business Item 14.2
On June 28, Resolution #PD-215-21 was referred to the July 5, 2021 Council meeting.
The resolution directs staff to commence proceedings under the Host Community
Agreement (HCA) for the Durham York Energy Centre (DYEC) to obtain records and
information relating to the DYEC’s Long Term Sampling System for the monitoring of
dioxins and furans (often referred to as the AMESA system) dating back to its installation
in 2015. Previous requests for this data have been made by Council and residents, and
to date, not been fully granted. The matter was referred to staff to report back at the July
5 Council meeting. The following provides an update on the status of Council’s request to
the Region of Durham for AMESA data and outlines the provisions of the DYEC HCA that
pertain to obligations to disclose emissions data.
Council Request for AMESA Data
On April 12, 2021 Council approved Resolution #C-147-21, which resulted in submission of
the attached letter of demand for the release of AMESA data to the Region of Durham
(Attachment 1). Clarington’s correspondence was included in the April 23, 2021 Regional
Council Information Package. Region staff subsequently responded to Clarington Council’s
request in report 2021-WR-10 Durham York Energy Centre Operations – Long Term
Sampling System Reporting.
In summary, report 2021-WR-10 provides an overview of the DYEC environmental
monitoring programs, including Regional staff and Ministry of Environment, Conservation
and Parks involvement in the review of data and reporting. It also describes in more detail
the AMESA sampling, analysis and calculation processes carried out each month to
determine the monthly AMESA value, including the parties involved in the various steps of
the process. In addition, the report describes the purpose of the AMESA as set out in the
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Page 3
DYEC Environmental Compliance Approval (ECA), which, as the report states, “is not
intended to be used to evaluate compliance.”
A summary of Council’s requests and the corresponding response from Region staff as
interpreted from the review of report 2021-WR-10 is tabulated below:
Clarington Request Region Staff’s Response / Recommendation
Release of all historical AMESA
data (i.e. 2015 – 2020)
Request not granted on the basis that that data
prior to 2020 is not correlated data and “may lead
to inaccurate conclusions.”
Release of monthly laboratory
reports and AMESA data
Request granted in part.
Region staff recommended quarterly reporting of
AMESA results. The scope of quarterly reporting
is not described.
2021-WR-10 states that monthly publication of
data is not aligned with the intent of AMESA, to
evaluate dioxin/furan emission trends and/or
fluctuations and to demonstrate the ongoing
performance of the air pollution control equipment
associated with the DYEC’s boilers.
Quarterly reporting would include responses to
any inquiries received in the prior quarter relating
to DYEC operations.
Release of the AMESA validation/
investigation checklist
Request granted – see Attachment #4 to report
2021-WR-10.
Provision of data recovery rates
and the reason for any data that
has been invalidated in all future
AMESA reporting
Request granted – to be provided in each annual
report for the long-term sampling system.
Report 2021-WR-10 was considered at the June 2, 2021 Regional Works Committee
meeting. Works Committee received the report and recommended to Regional Council the
following:
A. That staff report quarterly on the Long-Term Sampling System at the Durham
York Energy Centre; and
B. That responses to all inquiries related to operations at the Durham York Energy
Centre be included in the quarterly reports.
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Page 3
The Works Committee resolution was considered by Regional Council on June 23, 2021.
While formal correspondence from the Region in response to Clarington’s letter (Attachment
1) has not yet been received staff have confirmed with staff from the Region’s Works
Department – Waste Division that the recommendations from Works Committee were
approved.
Host Community Agreement (HCA) Provisions
As members of Council are well aware, the Region and Clarington have entered into a HCA
which sets out the obligations of each party. Article 3.3 of the HCA provides as follows:
Durham shall ensure that, where technically possible, the EFW Facility utilizes 24/7
monitoring systems for such parameters as are deemed appropriate by the Ministry
of the Environment. The results of such monitoring systems shall be made accessible
to the public on a website or programmable display board designed for such purpose.
In addition, Durham shall ensure that the operator monitors the ambient air in the
immediate vicinity of the EFW Facility for a three year term commencing upon the
commencement of operations.
For additional context, the installation of the AMESA long-term sampling system for the
monitoring of dioxins and furans was not a requirement identified in the EA approval, but
rather it was required as part of the DYEC Environmental Compliance Approval (Condition
7(3)).
Sincerely,
Ryan Windle, Director
Planning and Development Services
/jp
Attachment 1 – Letter dated April 14, 2021 from Mayor and Council to Regional Chair John
Henry and Councillors regarding Resolution #C-147-21
Cc: June Gallagher, Municipal Clerk
Andy Allison, CAO
Rob Maciver, Director of Legislative Services
Faye Langmaid, Manager of Special Projects
Amy Burke, Senior Planner
Page 82
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
April 14, 2021
Regional Chair John Henry and Councillors
The Regional Municipality of Durham Headquarters
c/o Ralph Walton, Regional Clerk
605 Rossland Road East
Whitby, Ontario L1N 6A3
VIA Email: clerks@durham.ca
Dear Chair Henry and Regional Councillors:
Re: Report 2021-WR-5 DYEC Operations, Long-term Sampling System Update
for Dioxins & Furans
On Tuesday, April 6, 2021, Clarington’s Planning and Development Committee heard
three delegations by Durham residents with regard to the above noted item. In addition,
Regional Staff, Commissioner Siopis and Mr. Anello, provided a presentation
addressing the same issue. While Clarington Council appreciated hearing the
delegations and having Regional Staff address the comments of the delegates, this was
a discussion that should have been occurring at the Regional Council table. In the
delegates letter to Chair and Regional Councillors regarding this matter, dated March
17, 2021, and their subsequent delegation to Regional Council on March 24, a request
was made for Regional staff to be directed “to respond in writing to the concerns
raised.” Report 2021-WR-5 was received for information by Regional Council on March
24, 2021.
The partnership outlined in the Host Community Agreement (HCA) for the Durham York
Energy Centre (DYEC) was between the Region of Durham and Clarington and
included obligations for both parties. Amongst the obligations, and in particular
Section 3 are the operational requirements for emissions control and ongoing
monitoring.
Regional Council is well aware of the importance of air quality and the emissions to all
of Durham’s residents. Clarington relies on the competency and professionalism of
Durham Staff, their consultants, the peer review consultants, and the operator, as well
as the assurance of the Ministry of Environment, Conservation and Parks oversight
regarding the performance requirements set out in the Environmental Compliance
Approval (ECA). The ECA requirements were built off of the Ontario Guideline A7
requirements for the control, monitoring and performance testing of incineration
systems, European Union standards outlined in the HCA and the approved
Environmental Assessment for the Energy from Waste Facility.
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Page 2
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
The long-term partnership outlined in the HCA is for the operational lifespan of the
DYEC. It has taken some five years for the calibration between the stack tests and
AMESA cartridge to render reliable monthly data regarding dioxins and furans. As such,
Clarington is formally requesting that the AMESA data, which we understand is housed
at the DYEC, be made available to the public and send to Clarington Planning staff.
This would include, at no cost to the requestor or Clarington, release of:
all AMESA data from installation to present and include underlying
lab reports including all documentation regarding the calibration of
the Amesa and stack test results;
In future, all AMESA results and underlying report, as they become
available (typically on a 28-day basis);
The validation checklist referred to in #2021-WR-5; and
In future, data recovery rates and reason for any data that has been
invalidated.
And further that all of the above be posted on the DYEC website.
This letter was endorsed by Resolution #C-147-21.
Yours truly,
Mayor Foster and Members of Council
Municipality of Clarington
Page 84
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The Corporation of the Municipality of Clarington
By-law Number 2021-058
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to
amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit
the development of a 3,806 square metre addition to the existing industrial building, outdoor
storage area, additional parking and loading spaces and stormwater management facilities on
the subject lands (ZBA2017-0038);
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. Schedule “3” (Bowmanville)” to By-law 84-63, as amended, is hereby further amended
by changing the zone designation from:
“Holding – Light Industrial Exception ((H)M1-13) Zone” to “Light Industrial Exception
(M1-13) Zone”;
as illustrated on the attached Schedule “A” hereto.
2. Schedule “A” attached hereto shall form part of the By-law.
3. This By-law shall come into effect on the date of passing hereof, subject to the
provisions of Sections 34 and 36 of the Planning Act.
Passed in Open Council this 5th day of July, 2021
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 85
058 5th July
Page 86
22222
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Co-ordinator at 905-623-3379 ext. 2131
On September 17, 2018, Council endorsed the recommendations contained in PSD-
075-18 (Resolution #C-304-18 approving the above noted Rezoning as follows:
1. That Report PSD-075-18 be received;
2. That Amendment No. 116 to the Clarington Official Plan as contained in
Attachment 1 of Report PSD-075-18 be adopted;
3. That the application to amend the Zoning By-law 84-63 submitted by Alpa Pre-
Engineered Panel Systems Inc. be approved, and that the draft Zoning By-law
Amendment, as contained in Attachment 2 to Report PSD-075-18, be passed;
4. That, once all conditions contained in the in the Zoning By-law and Site Plan
approval are satisfied, the By-law authorizing the removal of the (H) Holding
Symbol be forwarded to Council for approval; and
5. That all interested parties listed in Report PSD-075-18 and any delegations be
advised of Council's decision.
Council endorsed the recommendation that a by-law to remove the (H) Holding symbol
be forwarded directly to Council once the conditions of the related site plan applications
and as outlined in the Clarington Official Plan have been fulfilled. Staff are sa tisfied that
all conditions related to the site plan have, or will be addressed to the satisfaction of the
Municipality and holding may now be removed.
As such, please forward the attached Zoning By-law to remove the (H) Holding Symbol
to Council for approval.
Once approved, please forward the attached by-law to the Regional Municipality of
Durham and the Municipal Property Assessment Corporation (MPAC).
To: June Gallagher, Municipal Clerk
From: Cynthia Strike, Manager, Development Review Branch
Date: June 29, 2021
Subject: By-law to Remove (H) Holding Symbol
Applicant: Alpa Pre-Engineered Panel Systems Inc.
File: ZBA2017-0038
MEMO
Page 87
Page 2
Notice of Council’s decision should be provided to the following:
Alpa Pre-Engineered Panel Systems Inc. c/o Ivano De Carolis
Thank you,
Cynthia Strike
Manager of Development Review
/jp
Attachments
cc: Ryan Windle, Director of Planning and Development Services
I:\^Department\General Files\Core Operating Administration\Procedural Manuals\Rezoning - 2012 Complete-updated June 2016\ZBA(H) 4 - Memo to Clerks Removing Holding
Symbol.docx
Page 88
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Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law Number 2021-059
Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA2021-0003;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Schedule ‘2’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from “Agricultural (A-1) Zone” to Agricultural Exception (A-94)
Zone” as illustrated on the attached Schedule ‘A’ hereto.
3. Notwithstanding Section 6.1 and 6.3 c iii), the lands zoned A-94 on the Schedules
to this By-law may only be used for the Non-Residential Uses set out in Section
6.4.1 b. in accordance with the following regulations:
a. Non-residential buildings existing prior to July 5, 2021 may not house livestock.
b. Southerly interior side yard setback (minimum) for non-residential buildings
existing prior to July 5, 2021 8.3 meters
c. Interior side yard setback (minimum) for non-residential buildings constructed after
July 5, 2021 15 meters
Page 89
4. Schedule ‘A’ attached hereto shall form a part of this By-law.
5. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 24(2) and 34 of the Planning Act.
Passed in Open Council this 5th day of July, 2021
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 90
059 5th July
Page 91
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2021-060
Being a by-law to repeal previous by-laws establishing signing authority in the Town of
Bowmanville and the Town of Newcastle
Whereas Report FSD-034-21 was approved for the Municipality of Clarington
establishing signing authority for banking purposes;
Whereas there remains two by-laws passed by former municipalities providing for
signing authority that is contrary to the aforementioned adopted policy; and
Whereas Council wishes to remove the previously adopted signing authorities.
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That the Town of Bowmanville By-law 1786 be repealed.
2. That the Town of Newcastle By-law 88-97 be repealed.
3. That this by-law shall come into force, and effect, upon the date of passing.
Passed in Open Council this 5th day of July, 2021.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 92
Purchasing By-Law 2021-061
Table of Contents
Part 1 – Interpretation ................................................................................................... 3
Definitions .................................................................................................................... 3
Word Usage ................................................................................................................. 5
Severability .................................................................................................................. 6
References ................................................................................................................... 6
Application ................................................................................................................... 6
Part 2 – Authority .......................................................................................................... 6
Purchasing Manager Authority ..................................................................................... 6
Approval Authority ........................................................................................................ 6
Signing Authority ........................................................................................................... 7
Part 3 – Bid Types and Limits ...................................................................................... 7
Purchases up to $5,000 .............................................................................................. 7
Informal Request for Quotation ($5,001 - $50,000) ...................................................... 7
Formal Request for Quotation ($50,001 - $100,000) ................................................... 7
Acquisitions over $100,000 .......................................................................................... 7
Routine Purchases ....................................................................................................... 8
Negotiations / Single / Sole Source Purchases ............................................................ 8
Requests for Proposal ................................................................................................. 8
Product Demonstrations and Information ..................................................................... 9
Bid Pre-Qualification .................................................................................................... 9
Bonds and Deposits ..................................................................................................... 9
Initial Bid Procedures ................................................................................................. 10
Changes to Bids under Call ....................................................................................... 11
Withdrawal of Bids ..................................................................................................... 12
Bid Opening ............................................................................................................... 12
Verification of Bids ..................................................................................................... 12
Rejection of Bids ........................................................................................................ 12
Bid Cancellation ......................................................................................................... 14
Absolute Right ............................................................................................................ 14
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Purchasing By-Law No. 2021-061 Page 2
Local Preference ........................................................................................................ 14
Approval Limits and Reporting (Excluding Consulting and Professional Services) ....... 14
Council Recess Procedures ....................................................................................... 15
Consulting and Professional Services (Excluding Schedule “A” Exemptions)............ 15
Co-Operative Purchasing ........................................................................................... 16
Emergency Purchases ............................................................................................... 16
Part 4 – General Purchasing Policies ........................................................................ 16
Default By Successful Bidder ..................................................................................... 16
Conflict of Interest ...................................................................................................... 17
Access and Disclosure ............................................................................................... 17
Records Retention and Destruction ........................................................................... 17
Complaints and Inquiries ........................................................................................... 17
Insurance ................................................................................................................... 18
Purchasing Cards ...................................................................................................... 18
Disposal of Goods ...................................................................................................... 18
Over Expenditures ..................................................................................................... 18
Sustainability .............................................................................................................. 19
Accessibility for Ontarians with Disabilities Act, 2005 ................................................ 19
Part 5 – General Provisions ........................................................................................ 19
By-Law Review .......................................................................................................... 19
Repeal ....................................................................................................................... 19
Effective Date ............................................................................................................. 19
Schedule “A” ............................................................................................................... 20
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Purchasing By-Law No. 2021-061 Page 3
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Co-ordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law 2021-061
Being a by-law to provide policies and procedures
for the procurement of goods and services.
WHEREAS pursuant to section 270 of the Municipal Act, 2001, the Corporation is
required to establish and maintain policies with respect to its procurement of goods and
services; and
WHEREAS the Corporation wishes to procure goods and services in the most efficient
and cost effective manner possible; and
WHEREAS the Corporation is committed to ensuring that its procurement policies and
procedures are fair, open and transparent.
NOW THEREFORE the Corporation of the Municipality of Clarington hereby enacts as
follows:
Part 1 – Interpretation
Definitions
1. In this by-law,
“Acquisition” means the purchase of a Good and/or Service for use on a permanent
or temporary basis;
“Bid” means a Proposal, Quotation or Tender;
“Bidder” is a Person who responds to a Bid Solicitation;
“Bid Solicitation” means a request by the Corporation for Bids for the provision of
Goods and/or Services through an RFP, RFQ or RFT;
“CAO” means the Chief Administrative Officer of the Corporation or a designate;
“Clerk” means the Municipal Clerk of the Corporation or a designate;
“Committee” means the General Government Committee of Council;
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Purchasing By-Law No. 2021-061 Page 4
“Consulting and Professional Services” means services provided by architects,
engineers, designers, environmental consultants, surveyors, management and
financial consultants, bankers, auditors, brokers, soil consultants, real estate
appraisers, Ontario land surveyors, web designers or any other consultant or
professional, but does not include any consulting and professional services referred
to in Schedule “A”;
“Corporation” means The Corporation of the Municipality of Clarington;
“Cost” means the actual cost of an Acquisition excluding taxes;
“Contract” means an agreement between two or more Persons one of whom is the
Corporation;
“Council” means the Council of the Corporation;
“Department” means a Department of the Corporation identified on the annual
organization charts and reflected in the prevailing budget;
“Department Head” means the Director of one of the Departments or a designate;
“Disqualified Bidder” means a Bidder that has provided unsatisfactory Goods
and/or Services to the Corporation and consequently had a Contract terminated or
been notified by the Purchasing Manager that they are not eligible to submit a Bid;
“Expression of Interest” or “EOI” means general market research used prior to a
Bid Solicitation to determine if there is an interest in a proposed Acquisition;
“Goods and/or Services” means any goods and/or services required by the
Corporation other than goods and/or services listed in Schedule “A”;
“Local Board” means a local board (as that term is defined in the Municipal Act,
2001) of the Corporation;
“Person” includes an individual, association, firm, partnership, corporation, union,
trust, organization, trustee or agent, and their heirs, executors, administrators,
successors and assigns;
“Proposal” means an offer from a Bidder made in response to an RFP;
“Purchase Order” means a Contract or a written acceptance of a Proposal, issued
on forms prescribed by the Purchasing Manager;
“Purchasing Manager” means the Purchasing Manager of the Corporation or a
designate;
“Quotation” means an offer from a Bidder made in response to an RFQ;
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Purchasing By-Law No. 2021-061 Page 5
“Request for Proposal” or “RFP” is a form of Bid Solicitation in which the
Corporation invites one or more potential suppliers to submit proposals with respect
to the supply of particular Goods and/or Services, which the Purchasing Manager in
consultation with the Department Head, determines may be dependent upon non-
price factors and may require negotiations between a Bidder and the Corporation
before a Contract is made between them;
“Request for Quotation” or “RFQ” is a form of Bid Solicitation in which the
Corporation requests either informal quotations or formal quotations;
“Request for Tender” or “RFT” is a form of Bid Solicitation in which the Corporation
publishes the specifications, terms, conditions and details concerning a proposed
Contract, and invites or advertises prospective Bidders to submit Tenders;
“Responsive and Responsible Bidder” is a Person responding to a Bid Solicitation
who complies with its provisions and who can reasonably be expected to provide
satisfactory performance of a proposed Contract based on reputation, references,
performance on previous contracts, and proof of sufficient financial and other
resources;
“Single Source Purchase” means a non-competitive purchase where there are
other suppliers of the product or service available, however, for reasons such as
emergency, proprietary, matching existing equipment, health and safety concerns,
time constraints, etc., the purchase is sourced to a specific vendor.
“Sole Source Purchase” means a non-competitive purchase where there is only
one supplier of the product or services and as a result a competitive quotation
process is not possible.
“Tender” means an offer received from a Bidder in response to an RFT;
“Treasurer” means the Director of Financial Services/Treasurer of the Corporation
or a designate; and
“Weighted Evaluation Criteria” means criteria that are taken into account when
evaluating Proposals including qualitative, technical and pricing considerations.
Word Usage
2. This by-law shall be read with all changes in gender or number as the context may
require.
3. A grammatical variation of a defined word or expression has a corresponding
meaning.
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Purchasing By-Law No. 2021-061 Page 6
Severability
4. Should any section or part of this by-law be held by a Court of competent
jurisdiction to be invalid, the remainder of this by-law shall not be affected.
References
5. In this by-law, reference to any Act, By-law or Policy is reference to that Act, By-
law or Policy as it is amended or re-enacted from time to time.
6. Schedule “A” (Exempt Good and/or Services) is attached to and forms part of this
by-law.
7. All references to dollar figures are Canadian dollars.
8. Unless otherwise specified, reference in this by-law to a clause, section or
Schedule is to a clause, section or Schedule in this by-law.
Application
9. This by-law shall not apply to the acquisition of any interests in real property. Such
matters shall be governed by By-Law 2011-011 and subsequent by-law.
10. This by-law shall not apply to the Acquisition of any Goods and/or Services listed in
Schedule “A”.
Part 2 – Authority
Purchasing Manager Authority
11. The Purchasing Manager shall have the authority to act as agent of the
Corporation for the purpose of acquiring all Goods and/or Services required by
the Corporation.
12. The Purchasing Manager shall determine the method of Acquisition having
regard to the nature, importance or urgency associated with the purchase
requisition, subject to the general trade practice, market conditions and the
provisions of this by-law.
Approval Authority
13. No employee of the Corporation shall have the authority to make or approve an
Acquisition or award a Contract for any Good and/or Service unless funds for such
Acquisition have been allocated in a budget approved by Council. If a
recommended Bid is in excess of an approved budget limit but within the approval
limits of this by-law, the Treasurer, after consultation with the Department Head,
must approve the source of additional funding.
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Purchasing By-Law No. 2021-061 Page 7
14. Contracts shall not be split so as to circumvent the established method of purchase
or the approval limits imposed by this by-law unless, in the opinion of the
Purchasing Manager, after consultation with the Department Head, if it is deemed
advantageous to acquire components of a major project through separate
Contracts.
Signing Authority
15. Authority to make or approve an Acquisition or award a Contract for any Good
and/or Service includes the power to sign all documents necessary to effect the
Acquisition. Where a Department Head or the CAO has the authority to sign a
Contract, the Purchasing Manager may sign on their behalf.
Part 3 – Bid Types and Limits
Purchases up to $5,000
16. Goods and/or Services not exceeding a Cost of $5,000, (excluding computers,
software, computer accessories and cell phones) do not require the submission of a
Purchase Order (unless one is required by the vendor) and may be purchased by
individual Departments as required at the lowest available Cost. However, if a term
order or another form of Contract is established, then the Department must
purchase from the Contract vendor. Computers, software, computer accessories
and cell phones must be ordered in coordination with the IT Division using a
Purchase Order.
Informal Request for Quotation ($5,001 - $50,000)
17. The Purchasing Manager shall have the authority to make Acquisitions for which
the Cost is between $5,001 up to a maximum of $50,000 at the lowest available
Cost, provided a minimum of three Quotations have been received where they are
reasonably required and possible to obtain.
Formal Request for Quotation ($50,001 - $100,000)
18. The Purchasing Manager shall have the authority to make Acquisitions for which
the Cost is between $50,001 up to a maximum of $100,000 at the lowest
available Cost, provided where they are reasonably required and possible to
obtain, at least three formal Quotations have been received and the lowest
Responsive and Responsible Bid received is acceptable.
Acquisitions over $100,000
19. Subject to sections 20, 21 and 23, Acquisitions that are anticipated to have a
Cost in excess of $100,000 shall be made through an RFT.
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Routine Purchases
20. Where, in the opinion of the Purchasing Manager in consultation with the
Department Head, a proposed Acquisition is of a routine and repetitive nature, the
Purchasing Manager may obtain written Bids from suppliers and a Contract may
be awarded.
Negotiations / Single / Sole Source Purchases
21. In place of a Bid Solicitation, Goods and/or Services may be purchased through
negotiation, Single or Sole source purchases where, in the opinion of the
Purchasing Manager in consultation with the Department Head,
(a) the sources of supply are restricted to the extent that there is no effective
price competition;
(b) the purchase involves Goods and/or Services,
(i) that are in short supply due to market conditions;
(ii) for which there is no reasonable substitute or competitive product; or
(iii) for which compatibility with an existing product/services is the
overriding consideration;
(c) the purchase involves specialized preassembled goods;
(d) the Bid from the lowest Responsive and Responsible Bidder substantially
exceeds the estimated Cost;
(e) no Bid from a Responsive and Responsible Bidder is received and it is
impractical to issue another Bid Solicitation;
(f) the extension or reinstatement of an existing Contract would prove most
cost-effective or beneficial to the Corporation;
(g) the terms and conditions of a Proposal provide for negotiation with the
selected Bidder; or
(h) Council has specifically authorized an Acquisition through negotiation.
22. In the case of a Contract for a construction project, negotiations shall be conducted
in accordance with the Canadian Construction Documents Committee (C.C.D.C.)
Document 23 published by the Canadian Construction Association where expressly
required by the provisions of an RFT.
Requests for Proposal
23. Irrespective of the anticipated Cost, where the Purchasing Manager in
consultation with the Department Head determines that a proposed Acquisition
involves unique or complicated circumstances, the Acquisition may be made
through the use of an RFP.
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Purchasing By-Law No. 2021-061 Page 9
24. (1) In this section, “Two Envelope Method” means a procurement process in
which,
(a) a Bid is submitted in two separate envelopes, the first of which
contains technical and qualitative information and the second of
which contains price information; and
(b) W eighted Evaluation Criteria are applied and the second envelope is
opened only if the first envelope shows the Bidder to be qualified.
(2) The Purchasing Manager, in consultation with the Department Head, may
use an RFP process that utilizes a Two Envelope Method.
25. RFPs may be called by public advertisement or invitation to specific Bidders.
26. All RFPs shall be submitted in the prescribed manner and delivered to the
Purchasing Manager.
27. It is the Corporation’s general policy to select the Proposal that best meets the
requirements of the RFP based on Weighted Evaluation Criteria.
Product Demonstrations and Information
28. No requests for prices or demonstrations for approved projects or programs above
$5,000 shall be made without prior consultation with the Purchasing Manager.
29. Requests on behalf of the Corporation may be made by Department Heads for
informal non-binding product and technical information, catalogues and price lists.
Each Department Head shall provide the Purchasing Manager with such data,
specification details and information relating to a proposed Acquisition, including the
Corporation’s approved budget prices. The Purchasing Manager shall obtain all
binding or estimated prices provided by potential Bidders.
Bid Pre-Qualification
30. (1) In this section, “Pre-qualification” means a procedure whereby a prospective
Bidder satisfies the Corporation that it is capable of supplying a particular Good
and/or Service as a condition of being allowed to submit a Bid.
(2) If, in the opinion of the Purchasing Manager, Pre-qualification is required, the
Contract, if awarded at all, must be awarded to the lowest Responsive and
Responsible Bidder who has been pre-qualified.
Bonds and Deposits
31. All Bid deposits required as part of any Bid Solicitation shall be provided by certified
cheque, bank draft or money order made payable to "The Corporation of the
Municipality of Clarington". Bid bonds, including electronic bond, shall be issued by
a licensed surety company authorized to carry on business in Ontario, and shall be
in an amount and in a form satisfactory to the Corporation. Bid deposits shall be
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Purchasing By-Law No. 2021-061 Page 10
submitted in accordance with the following schedule, unless otherwise specified in
the Bid Solicitation:
Total Amount of Bid Minimum Bid Deposit Required
Up to $20,000.00 $1,000.00
Up to $50,000.00 $2,000.00
Up to $100,000.00 $5,000.00
Up to $250,000.00 $10,000.00
Up to $500,000.00 $25,000.00
Up to $1,000,000.00 $50,000.00
Up to $2,000,000.00 $100,000.00
Over $2,000,000.0 $200,000.00
32. When the deposit of a performance bond and/or labour and material payment bond
is a requirement of a Bid Solicitation, such bonds shall be,
(a) in the amounts specified in the Bid documents;
(b) issued by a licensed surety company authorized to carry on business in
Ontario;
(c) in a form approved by the Corporation; and
(d) delivered by the Bidder to the Purchasing Manager prior to execution of the
Contract.
33. Following the award of a Contract, all deposits that are in the form of certified
cheques or money orders, except for the deposits supplied by the successful and
next to successful Bidders in the case of a Contract award, shall be returned to the
unsuccessful Bidders. Retained Bid deposits shall be held until the Contract is
executed by the Corporation, unless otherwise determined by the Purchasing
Manager.
34. Following the cancellation of a Bid Solicitation, all deposits shall be returned to the
Bidders.
35. If a successful Bidder fails to enter into a Contract, the Bid deposit shall be forfeited
to the Corporation. If a Bid bond is deposited, it may be called by the Treasurer
and the amount of money thereby obtained shall be forfeited to the Corporation.
Initial Bid Procedures
36. If required, Bid Solicitations shall be advertised in the method deemed most
appropriate by the Purchasing Manager which may include, but shall not be limited
to periodicals, newspapers and/or websites.
37. All closing times shall be established by the Purchasing Manager.
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38. The Purchasing Manager shall make the bid document available to all prospective
Bidders through an electronic process.
39. Where a fee is required for Bid documents, prospective bidders shall be required
to pay for the bid document in the manner stipulated in the call document”
List of Registered Bidders
40. Contact information of all prospective Bidders who have obtained or who have
requested the material set out in Section 38 shall be recorded in order to facilitate
distribution of addenda when necessary to change or cancel a Bid under call.
Changes to Bids under Call
41. Interpretations of, or qualifications or changes to, a Bid Solicitation shall be made in
the form of a written addendum. Addenda shall be necessary to revise, delete,
substitute or add to a Bid under call. The Purchasing Manager shall approve the
issuance of any addendum or the cancellation of a Bid Solicitation.
42. A copy of each addendum or a notice of posting of each addendum shall be
forwarded to registered Bidders by electronic means and posted on the
Corporation’s website.
43. Where an addendum is released after the receipt of one or more Bids which, in the
opinion of the Purchasing Manager, may affect a Bid, all Bids received prior to the
Bid closing may be withdrawn.
44. The Purchasing Manager in consultation with the Department Head may cancel a
Bid Solicitation either before or after Bids are opened. The procedure for the
notification to Bidders set out in section 42 shall apply to a notice of cancellation. If
a Bid is cancelled prior to opening, all Bids received after cancellation shall be
rejected.
Formal Bid Submissions
45. The Purchasing Manager shall,
(a) record time and date of all Bids received, in an appropriate manner;
(b) refuse to accept any Bid from a Disqualified Bidder;
(c) record all accepted Bids;
(d) maintain safe control of all accepted bids until needed;
(e) refuse to accept any Bid that is not received in accordance with the terms and
conditions of the bid document, prior to the closing time established for that Bid.
Reasons for nonacceptance shall be communicated to the Bidder.
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Withdrawal of Bids
46. A Bid can only be withdrawn prior to the close of Bids, as stipulated in the bid
documents. Requests to withdraw received following the close of Bids shall not
be accepted.
Bid Opening
47. Unless otherwise stated, all Bids shall be opened by the Purchasing Manager and
results posted publicly on the Municipality’s website
48. All Bids shall be checked to determine that each Bidder has submitted one Bid only.
Should more than one Bid be submitted, and no withdrawal notice has been
received, the Bid with the latest time stamp shown shall be deemed to have
superseded the earlier Bid and the Bidder shall be bound by the contents of the
more recent Bid. If surety bonds are required to be submitted with the Bid at the
time of closing, and the Bidder has included the required surety bonds with the first
bid, the surety bonds may be deemed applicable to the Bid submitted with the
second bid received.
49. Any Bid that does not appear on initial examination by the Purchasing Manager to
satisfy the requirements of this by-law shall be deemed an "Improper Bid", but shall
nonetheless be subject to further examination to determine whether it should be
rejected pursuant to sections 51, 52 and 53.
Verification of Bids
50. Every Bid submitted shall be checked by the Purchasing Manager who shall ensure
that,
(a) it complies with the Bid Solicitation requirements;
(b) unit prices have been correctly extended;
(c) extensions have been correctly totalled; and
(d) applicable taxes have been calculated correctly.
51. Any extension errors, addition errors or incorrect tax calculations may be
corrected provided that the Purchasing Manager is satisfied that it is a bona fide
error, and not a price revision.
Rejection of Bids
52. After Bid opening, the Purchasing Manager shall reject any Bid from a Bidder who
did not attend a mandatory pre-Bid meeting.
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53. After Bid opening, the Purchasing Manager may accept or waive a minor and
inconsequential irregularity, or where reasonable to do so, the Purchasing
Manager may, as a condition of Bid acceptance, request a Bidder to correct a
minor and inconsequential irregularity with no change in Bid price. The
determination of what is, or is not, a minor and inconsequential irregularity, the
determination of whether to accept, waive, or require correction of an irregularity,
and the final determination of the validity of a Bid, shall be at the Purchasing
Manager’s sole discretion. Without limiting the generality of the foregoing, the
Purchasing Manager may reject a Bid if it,
(a) is not submitted on the correct Bid form;
(b) is not submitted in the manner specified in the bid document or is illegible or
unclear;
(c) does not provide all entries for all unit prices referred to in the Bid Solicitation
(unless otherwise specified in the Bid Solicitation) or is otherwise incomplete
in any material respect;
(d) includes any restrictive or conditional statement that alters the form or intent
of the Bid;
(e) is not signed by the Bidder with an authorized signature;
(f) does not contain or acknowledge addenda;
(g) is not accompanied by bonding documents or bid deposits or contains an
improper or insufficient Bid deposit, where required;
(h) contains an error that cannot be corrected in accordance with section 51;
(i) is unbalanced, meaning it contains lump sum or unit bid items that do not
reflect reasonable actual costs plus a reasonable proportionate share of
the Bidder's anticipated profit, overhead costs, and other indirect costs;
(j) is from a Bidder or a subcontractor of a Bidder that has an outstanding legal
action against the Corporation, or the Corporation has an outstanding legal
action against the Bidder or a subcontractor of the Bidder including
arbitration or any association or union issues;
(k) is from a Bidder that owes money to the Corporation including outstanding
property taxes; or
(l) is from a Bidder that is not in compliance with any of the Corporation’s
policies or regulatory by-laws including, but not limited to the Property
Standards By-law.
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Purchasing By-Law No. 2021-061 Page 14
54. Following the opening and recording of Bids, the record of Bids (including rejected
Bids) shall be closed in the manner approved by the Purchasing Manager.
Bid Cancellation
55. The Purchasing Manager, in consultation with the Municipal Solicitor and the
applicable Department Head, shall have the authority to cancel a Bid Solicitation
either before or after the call has closed if,
(a) a substantial change in the scope of work or specifications is required;
(b) the Goods and/or Services requested no longer meet the Department’s
requirements;
(c) the integrity of the procurement process has been compromised; or
(d) the lowest Responsive and Responsible Bid exceeds the approved funding
limit.
Absolute Right
56. The Corporation shall have absolute discretion in the awarding of Contracts and
retains the right to reject any or all Bids.
Local Preference
57. (1) In this section,
(a) “Local Bid” means a Bid submitted by a Bidder who operates a
business within the Municipality of Clarington; and
(b) “Regional Bid” means a Bid submitted by a Bidder who operates a
business within the Regional Municipality of Durham.
(2) If, in the opinion of the Purchasing Manager, a competitive market exists and
two or more Bids are received which are identical in Cost, provided quality, service
and delivery terms are similar, then priority of acceptance shall be first to a Local
Bid, if any, and second to a Regional Bid, if any.
(3) Ontario’s Discriminatory Business Practices Act, R.S.O. 1990, c.D.12 has
been established to prevent discrimination in Ontario on the grounds of race, creed,
colour, nationality, ancestry, place of origin, sex, or geographical location of persons
employed in or engaging in business. Accordingly, other than as noted in
subsection (2), preference to a Local Bid or a Regional Bid shall not be given.
Approval Limits and Reporting (Excluding Consulting and Professional Services)
58. The Purchasing Manager shall submit to the Department Head an analysis listing
all Quotations and Proposals received with a recommendation for the Department
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Purchasing By-Law No. 2021-061 Page 15
Head’s approval if the Cost of the Goods and/or Services does not exceed
$100,000.
59. After consulting with the Department Head, the Purchasing Manager shall prepare
a report to the CAO for approval if the Cost of the Goods and/or Services does not
exceed $500,000.
60. The Purchasing Manager shall prepare a recommendation report to Committee if
the Cost of the Goods and/or Services exceeds $500,000.
Council Recess Procedures
61. (1) Notwithstanding section 60, where a matter which would have otherwise
been submitted to Committee requires approval during any of Council’s recesses,
including elections, the CAO shall be authorized to award the Contract if the
Treasurer is of the opinion that the price is reasonably reflective of the approved
budget allocation and/or is part of the normal operating responsibility of the
Department.
(2) The Purchasing Manager shall report all Contracts awarded under
subsection (1) to Committee as soon as possible after the conclusion of the recess.
(3) Council shall not vary any action or decision of the Contract awards made in
accordance with this section.
Consulting and Professional Services (Excluding Schedule “A” Exemptions)
62. Where it is estimated that the Cost of Consulting and Professional Services will be
less than or equal to $25,000, the Department may obtain the services directly
without issuing a Bid Solicitation.
63. Where it is estimated that the Cost of Consulting and Professional Services will be
more than $25,000, the Purchasing Manager shall issue a Bid Solicitation in
compliance with this By-Law and prepare a report to the CAO for approval.
64. Where it is estimated that the Cost of Consulting and Professional Services will be
more than $50,000, the Purchasing Manager shall issue a bid solicitation, in
consultation with the Department Head and, shall submit a report to Committee
providing a recommendation for award.
65. An external consultant who has entered into a Contract for consulting services for a
particular phase of a project, may be deemed to have a conflict of interest and be
disqualified from submitting a Bid on a later phase of consulting services for the
same project. Any issue as to whether there is a conflict of interest shall be
determined by the Purchasing Manager in consultation with the Department Head.
This section shall not apply where a consultant has been requested to provide a
budget estimate or general review and estimate for a potential Acquisition.
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Purchasing By-Law No. 2021-061 Page 16
66. Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation
shall comply with this by-law.
Co-Operative Purchasing
67. (1) In this section, “Co-operative Purchasing” means the participation of the
Corporation with one or more public agencies, school boards, vendors of record
(Provincial), hospitals or other public agencies in a Bid Solicitation.
(2) Co-operative Purchasing shall be utilized when advantageous and practical.
In the event of any conflict, the purchasing by-law and procurement practices of the
municipality, school board, hospital or other public agency issuing the co-operative
Bid shall take precedence over the provisions of this by-law.
Emergency Purchases
68. (1) In this section, “Emergency” means a situation or the threat of an impending
situation which, in the opinion of the CAO or a Department Head, requires an
immediate Acquisition to prevent serious delays, damage to a basic service, risk to
health and safety, financial loss or to maintain or restore a basic service provided by
the Corporation.
(2) Emergency Acquisitions shall be made by the Purchasing Manager. In the
absence of the Purchasing Manager, Emergency Acquisitions may be made by a
Department Head.
(3) All Emergency Acquisitions shall be confirmed through a Purchase Order
and shall be reported to Committee through a report prepared jointly by the
Department Head and the Purchasing Manager if the Cost exceeds $500,000 or an
approved budget limit.
Part 4 – General Purchasing Policies
Default By Successful Bidder
69. If a successful Bidder fails to execute the Contract or fails to meet any of the
requirements of the Contract within the prescribed time, the Contract may be
awarded to the next lowest Bidder or cancelled.
70. If a successful Bidder defaults on an awarded Contract, the Purchasing Manager is
authorized to take remedial action including termination of the Contract and all
necessary steps to ensure completion of the project or continued service/supply.
The Purchasing Manager, after consultation with the Department Head, may
declare that any Bidder who has defaulted on a Contract is ineligible to submit a Bid
on any future Contract even if the awarded Contract is not terminated.
71. Should the Purchasing Manager determine that termination of the awarded
Contract is the appropriate action in accordance with section 70, whoever awarded
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Purchasing By-Law No. 2021-061 Page 17
the Contract (Council, CAO or Department Head) shall be advised of the
termination in writing.
Conflict of Interest
72. The participation of members of Council and employees of the Corporation in the
procurement process shall be governed by, in the case of members of Council,
the Council Code of Conduct and the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50 as amended and, in the case of employees, by the Code of Ethics
Policy E-1.
73. No employee or Council member shall benefit directly or indirectly from affiliation
with the Municipality or show any favouritism to any Person in the procurement of
any Goods and/or Services.
74. No Person shall offer incentives to any employee of the Corporation or member
of Council.
75. (1) In this section, “Personal Purchase” means a purchase of Goods and/or
Services requested by an elected official, an appointed official or by any other
employee of the Corporation that is not required for the purposes of the Corporation
or a Local Board.
(2) No Personal Purchases shall be made by the Corporation for any Member
of Council, member of a Local Board, or employees of the Corporation.,
Access and Disclosure
76. No Corporation employee or any member of Council shall have access to or
disclose any details regarding Bids except as permitted by this by-law and the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,
c.M.56 as amended.
77. In the case of a Bid submitted in response to an RFP, only the total Bid amount for
the successful responsive and responsible Bid shall be provided and only upon
written request of any Person after completion of negotiations and award of the
Contract.
Records Retention and Destruction
78. Bid documents and related material shall be retained in accordance with the
Municipality’s Records Retention Schedule, as amended.
Complaints and Inquiries
79. All Bidder or potential Bidder complaints or inquiries, whether addressed to an
elected official, the CAO, a Department Head or any member of staff shall be
referred to Purchasing Services.
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Purchasing By-Law No. 2021-061 Page 18
Lobbying
80. All prospective bidders are prohibited from lobbying any member of Council,
Municipal staff and consultants, appointed member and any staff of any Board
during the period commencing at the time of issuing a bid solicitation and ending
at the time of the award of the contract. The Municipality may reject any bid by a
Supplier that engages in such lobbying, without further con sideration, and may
terminate that Supplier’s right to continue in the bid solicitation process
Insurance
81. The Treasurer and the Municipal Solicitor shall review, as necessary, Contracts that
include provisions relating to liability and insurance.
Purchasing Cards
82. (1) In this section, “Purchasing Card” means a credit card issued by the
Purchasing Manager in accordance with the Purchasing Card Policy.
(2) Purchasing Cards may be used for all purchases as defined in the
Purchasing Card Policy where the Goods and/or Services do not fall under the
requirements of this by-law. Purchasing Cards are issued on an as needed basis
upon approval of the Purchasing Manager and at the request of the Department
Head. The Purchasing Manager shall be responsible for the program outlined in the
Corporation’s Purchasing Card Policy.
Disposal of Goods
83. The disposal of surplus or obsolete goods of the Corporation shall be the
responsibility of the Purchasing Manager. At least once each calendar year,
Department Heads shall provide the Purchasing Manager with a list of such goods.
The Purchasing Manager may periodically circulate a list of surplus or obsolete
goods to all Departments and Local Boards.
84. The Purchasing Manager, in consultation with the appropriate Department Head,
shall determine the appropriate method of disposal including sale, RFT, RFP,
auction, or gratuitous transfer.
85. The priority of the disposal shall be in this order: another department within the
municipality, trade in on a replacement purchase, local board, other municipality,
school board, charity or not for profit organization, public at large.
Over Expenditures
86. Subsequent to a Contract award, the approval of any over expenditure shall be in
accordance with the Corporation’s Capital Project Over Expenditure Policy (G5) or
subsequently adopted policy for financial controls.
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Purchasing By-Law No. 2021-061 Page 19
Sustainability
87. In order to contribute to waste reduction and to increase the development and
awareness of environmentally sound purchasing, Acquisitions shall ensure that,
wherever reasonably possible, specifications shall provide for expanded use of
durable products, reusable products and products (including those used in
services) that contain the maximum level of post-consumer waste and/or
recyclable content, without significantly affecting the intended use of the product
or service. It is recognized that analysis of Cost is required in order to ensure
that the products are made available at competitive prices.
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
88. When procuring Goods and/or Services, the Corporation shall incorporate
accessibility design criteria and features, except where it is not practicable to do
so. Where applicable, procurement documents shall specify the desired
accessibility criteria to be met and provide guidelines for the evaluation of the
proposals respecting those criteria.
Part 5 – General Provisions
By-Law Review
89. The Purchasing Manager in consultation with appropriate staff shall conduct a
detailed review of this by-law no less frequently than every five years.
Repeal
90. By-Law #2015-022 is hereby repealed.
Effective Date
91. This By-law shall take effect on the date that it is passed by Council.
Passed in Open Council this 5th day of July, 2021.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
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Purchasing By-Law No. 2021-061 Page 20
Schedule “A”
EXEMPT GOOD AND SERVICES
1. Petty Cash Items
2. Training and Education
a. Conferences
b. Courses
c. Conventions
d. Magazines
e. Memberships
f. Periodicals
g. Seminars
h. Staff Development
i. Staff Workshops
j. Staff Reports
k. Subscriptions
l. Trainers (includes workshop & seminars)
3. Refundable Employee Expenses
a. Advances
b. Meal Allowances
c. Miscellaneous – Non – Travel
d. Travel Expenses
e. Entertainment Expenses
4. Employer’s General Expenses
a. Payroll Deduction Remittances
b. Medicals
c. Licenses (Vehicles, Software, Communications, etc.)
d. Debenture Payments
e. Insurance
f. Grants and Agencies
g. Damage Claims
h. Petty Cash Replenishment
i. Land & Building Lease Payments made by Municipality
j. Tax Remittances
k. Sinking Fund Payments
l. Newspaper Advertising and Public Notices
m. Day Camp or other similar Admission Fees
n. Software or equipment maintenance agreements
5. Certain Professional and other Services
a. Committee Fees
b. Counselling Services
c. Laboratory Services
d. Nursing Services
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Purchasing By-Law No. 2021-061 Page 21
e. Physician Fees
f. Temporary Help
g. Banking Services
h. Legal Services
i. Newspaper, radio, TV advertising
j. Policing
k. Red Cross Supplies
l. Web Design Usage Fee & penalties
m. Payroll fees
n. Employee Assistance programs
6. Utilities (including hedging agreements in accordance with the Hedging Policy as
may be amended from time to time)
a. Postage
b. Water
c. Hydro
d. Gas (including hedging agreements)
e. Telephones – excluding cellular
f. Telecommunications infrastructure
7. Canadian National and Canadian Pacific Railways
8. Provincial and/or Federal Government Agencies or Crown Corporations
9. Regional Municipality of Durham or other municipalities located within the Regional
Municipality of Durham Goods and/or Services
10. Election related technology and equipment, and any consulting and support
services directly related to such technology and equipment.
Page 113
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 2021-063
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 12 of Clarington By-law 2014-059 is amended by adding the following
line:
Granville Drive, Yorkville Drive, Meadowglade Road, 40 km/h
2. That this By-law come into effect on the date it is enacted.
Passed in Open Council this 5th day of July, 2021.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 114
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Acres Road Concession Road 6 Durham Region Road 4 70 km/h
Arthur Street Concession Road 3 1400 m southerly 70 km/h
Baseline Road Prestonvale Road Durham Region Road 34 60 km/h
Baseline Road Durham Region Road 34 Solina Road 60 km/h
Baseline Road Solina Road 300 m east of Maple Grove Road 70 km/h
Bellamy Road Concession Road 1 1300 m southerly 60 km/h
Bellwood Drive Concession Road 3 900 m southerly 60 km/h
Bennett Road Durham Highway 2 King's Highway 401 70 km/h
Best Road Skelding Road Durham Region Road 4 60 km/h
Bethesda Road Concession Road 8 Concession Road 6 70 km/h
Bethesda Road Concession Road 6 Mearns Avenue 60 km/h
Bloor St. Durham Region Road 34 Maple Grove Road 70 km/h
Bragg Road Concession Road 4 1200 m south of Concession Road 3 60 km/h
Bragg Road Concession Street East Durham Highway 2 70 km/h
Brown Road Concession Road 8 Concession Road 7 70 km/h
Carscadden Road Concession Road 8 Durham Region Road 9 60 km/h
Page 115
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Cedar Crest Beach Road Cove Road Watson Crescent 40 km/h
Cedar Park Road 700 m South of Concession Road 6 Concession Road 6 60 km/h
Clemens Road 700 m South of Concession Road 7 Concession Road 6 70 km/h
Concession Road 1 Stephenson Road East Townline Road 70 km/h
Concession Road 10 Enfield Road Holt Road 70 km/h
Concession Road 10 Durham Region Road 57 450 m east of Grasshopper Park Road 70 km/h
Concession Road 10 Durham Region Road 20 Mosport Road 70 km/h
Concession Road 3 Durham Region Road 14 Providence Road 60 km/h
Concession Road 3 Providence Road Durham Region Road 42 70 km/h
Concession Road 3 Durham Region Road 42 King’s Highway 35/115 60 km/h
Concession Road 3 King's Highway 35/115 Morgans Road 70 km/h
Concession Road 3 Durham Region Road 18 East Townline Road 70 km/h
Concession Road 4 Durham Region Road 14 Bethesda Road 60 km/h
Concession Road 4 600 m West of Bragg Road Durham Region Road 42 60 km/h
Concession Road 4 Durham Region Road 42 Pollard Rd 70 km/h
Concession Road 4 Pollard Road King's Highway 35/115 60 km/h
Page 116
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Concession Road 4 King's Highway 35/115 East Townline Road 70 km/h
Concession Road 5 Durham Region Road 42 Ochonski Road 70 km/h
Concession Road 5 Station Street Jewel Road 60 km/h
Concession Road 5 200 m east of Walsh Road Reid Road 70 km/h
Concession Road 5 Durham Region Road 18 East Townline Road 70 km/h
Concession Road 6 Townline Road North Werry Road 70 km/h
Concession Road 6 Rundle Road Durham Region Road 57 70 km/h
Concession Road 6 Durham Region Road 57 Darlington-Clarke Townline Road 70 km/h
Concession Road 6 King’s Highway 35/115 Durham Region Road 18 70 km/h
Concession Road 6 Durham Region Road 18 Gilmore Road 60 km/h
Concession Road 7 Townline Road North Durham Region Road 34 60 km/h
Concession Road 7 Durham Region Road 34 Middle Road 70 km/h
Concession Road 7 Darlington-Clarke Townline Road 700 m west of King’s Highway 35/115 60 km/h
Concession Road 8 Durham Region Road 57 Lettner Road 70 km/h
Concession Road 8 Middle Road Darlington-Clarke Townline Road 70 km/h
Concession Road 8 400 m west of Best Road King’s Highway 35/115 60 km/h
Page 117
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Concession Road 8 King’s Highway 35/115 Carscadden Road 60 km/h
Concession Road 8 White Road The Dell Road 60 km/h
Concession Road 9 Townline Road North 250 m west of Enfield Road 60 km/h
Concession Road 9 Wotten Road Durham Region Road 57 60 km/h
Concession Street East 300 m east of Lambs Road Durham Region Road 42 70 km/h
Cooney Road Concession Road 8 Concession Road 7 70 km/h
Cove Road Cedar Crest Beach Road West Beach Road 40 km/h
Darlington Boulevard South limit of Durham Highway 2 South limit of Darlington Boulevard 40 km/h
Darlington-Clarke Townline Road Concession Road 6 (Darlington) Durham Region Road 4 70 km/h
Energy Drive Holt Road Martin Road 60 km/h
Energy Drive Megawatt Drive Holt Road 60 km/h
Enfield Road Concession Road 10 250 m north of Concession Road 9 70 km/h
Enfield Road 300 m south of Concession Road 9 Durham Region Road 3 70 km/h
Gamsby Road Concession Road 6 Concession Road 5 70 km/h
Gibson Road 1000 m north of Concession Road 3 Concession Road 3 60 km/h
Gilmore Road Concession Road 6 Concession Road 3 60 km/h
Page 118
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Golf Course Road Concession Road 4 Durham Highway 2 60 km/h
Granville Drive Yorkville Drive Meadowglade Road 40 km/h
Green Road Durham Region Road 4 1000 m North of Durham Highway 2 70 km/h
Hancock Road Durham Highway 2 Bloor Street 60 km/h
Holt Road Concession Road 7 Concession Road 6 70 km/h
Holt Road Durham Region Road 4 Nash Road 70 km/h
Holt Road Nash Road South limit of Holt Road 60 km/h
Jewel Road Durham Region Road 9 Concession Road 6 70 km/h
Lakeshore Road Stephenson Road West limit of #4351 Lakeshore Road 60 km/h
Lakeshore Road 400 m West of Newtonville Road Lancaster Road 60 km/h
Lakeshore Road 650 m West of Nichols Road East Townline Road 60 km/h
Lambs Road 1000 m south of Concession Road 4 Durham Hwy 2 60 km/h
Langmaid Road 500 m south of Durham Region Road 3 Concession Road 6 70 km/h
Langmaid Road Concession Road 6 Durham Region Road 4 60 km/h
Langstaff Road McMillan Road Thertell Road 60 km/h
Langstaff Road Thertell Road Durham Region Road 9 70 km/h
Page 119
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Lawrence Road Concession Road 6 Concession Road 4 70 km/h
Leask Road 1000 m south of Concession Road 7 Concession Road 6 60 km/h
Leskard Road 650 m north of Concession Road 7 Durham Region Road 4 60 km/h
Liberty Street North Durham Region Road 20 Concession Road 8 60 km/h
Liberty Street North Concession Road 8 700 m north of Concession Road 7 60 km/h
Liberty Street North 700 m south of Concession Rd 7 Durham Region Road 4 70 km/h
Lockhart Road Concession Road 4 Concession Road 3 60 km/h
Long Sault Road 2400 m north of Durham Region Road 20 Durham Region Road 20 60 km/h
Maple Grove Road 1000 m north of Nash Road 150 m south of Bloor Street 60 km/h
Maple Grove Road 150 m south of Bloor Street Baseline Road 70 km/h
Mearns Avenue Bethesda Road Concession Road 4 60 km/h
Megawatt Drive Courtice Road Energy Drive 60 km/h
Mercer Road Thertell Road Durham Region Road 9 60 km/h
Middle Road Durham Region Road 20 Concession Road 6 70 km/h
Middle Road Concession Road 6 Durham Region Road 4 60 km/h
Middle Road Durham Region Road 4 Concession Road 4 70 km/h
Page 120
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Middle Road Concession Road 4 900 m north of Concession Road 3 60 km/h
Mill Street in combination with Boulton
Street and Lakeshore Street
150 m east of Boulton Street 200 m north of Metcalfe Street 40 km/h
Moffat Road Concession Road 4 Concession Road 3 70 km/h
Morgans Road Concession Road 4 Lakeshore Road 70 km/h
Mosport Road Durham Region Road 20 Concession Road 8 70 km/h
Nash Road 400 m west of Holt Road Green Road 60 km/h
Nash Road Rundle Road Solina Road 60 km/h
Newtonville Road King's Hwy 401 Lakeshore Road 70 km/h
Ochonski Road Durham Region Road 4 Concession Road 5 60 km/h
Old Scugog Road 150 m south of Concession Road 10 800 m south of Concession Road 9 70 km/h
Old Scugog Road 590 m south of Durham Region Road 3 280 m north of Concession Road 6 70 km/h
Old Scugog Road 500 m south of Durham Region Road 4 Concession Road 4 60 km/h
Pebblestone Road Durham Region Road 55 Durham Region Road 34 60 km/h
Pollard Road Concession Road 4 Concession Road 3 60 km/h
Prestonvale Road 400 m south of Southfield Avenue Baseline Road 60 km/h
Page 121
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Reid Road Concession Road 5 1700 m south of Concession Road 4 60 km/h
Reid Road 1500 m north of Hill Street Hill Street 60 km/h
Riley Road Concession Road 1 Lakeshore Road 60 km/h
Rundle Road Concession Road 6 620 m north of Nash Road 70 km/h
Rundle Road 620 m north of Nash Road Nash Road 60 km/h
Rundle Road Durham Highway 2 Bloor Street 60 km/h
Shiloh Road Durham Region Road 9 Concession Road 5 70 km/h
Solina Road Durham Region Road 3 150 m north of Dorset Road 70 km/h
Solina Road 350 m south of Hockaday Court 1100 m north of Nash Road 70 km/h
Solina Road 1100 m north of Nash Road 400 m south of Durham Highway 2 60 km/h
Squair Road Concession Road 5 Concession Road 4 60 km/h
Stapleton Road Concession Road 4 200 m north of Concession Road 3 60 km/h
Stapleton Road 600 m south of Concession Road 3 Durham Highway 2 60 km/h
Stephenson Road Concession Road 1 900 m Southerly 60 km/h
Stewart Road Concession Road 4 Concession Road 3 60 km/h
The Dell Road Thertell Road Thompson Road 60 km/h
Page 122
Schedule # 12
Maximum Rate of Speed on A Highway
Column 1 Column 2 Column 3 Column 4
Highway From To Posted Speed
Thertell Road The Dell Road Cold Springs Camp Road 60 km/h
Thompson Road Concession Road 8 Durham Region Road 9 60 km/h
Trulls Road 850 m south of Firner Street 200 m north of Daisyfield Avenue 60 km/h
Vickers Road Concession Road 6 Concession Road 5 70 km/h
Walsh Road Concession Road 5 Concession Road 4 60 km/h
West Beach Road North limit of #130 West Beach Road South limit of Cove Road 40 km/h
West Beach Road South limit of Cove Road East limit of West Beach Road 20 km/h
White Road Concession Road 8 Durham Region Road 9 60 km/h
Woodley Road Durham Region Road 20 Concession Road 8 70 km/h
Page 123
Municipality of Clarington
Council Meeting
Resolution #
DATE July 5, 2021
MOVED BY Councillor Hooper
SECONDED BY Councillor Anderson
That Staff be directed to write and produce the “Clarington Digest” which will be a one
page quarterly update of local Municipal news containing Council decisions and major
news stories from the Municipality.
That the Digest be distributed using Canada Post mail -drop to all residents in
Clarington; and
That the cost (estimated to cost $62,500 annually) be funded from the Tax Rate
Stabilization Reserve Fund.
Page 124
Municipality of Clarington
Council Meeting
Resolution #
DATE: July 5, 2021
MOVED BY Councillor Hooper
SECONDED BY Councillor Anderson
Whereas since early 2020 our ability to gather, connect and celebrate in person has
been impacted by COVID-19 and this social isolation can have negative effects on our
sense of belonging and mental health;
Whereas our local Community Halls, which are operated by volunteer boards, allocate
funds raised through special events to support their operating expenses and some
larger projects;
Whereas, when it is safe to do so, a coordinated community wide event involving
satellite offerings in our various communities, involving local Hall Boards, Business
Improvement Areas and community groups, will provide an opportunity for neighbours -
both urban and rural, friends and business owners to celebrate their support for one
another throughout the pandemic;
Now therefore be it resolved that the Council of the Municipality of Clarington reallocate
the unexpended Canada Day event budget to support this event throughout Clarington
and that staff be directed to coordinate the planning of the event, tentatively scheduled
for this Fall, with appropriate community partners, and further, approve $30,000 from
the COVID-19 Recovery Funds received from the Province of Ontario by the
Municipality to support some Community Celebration events throughout Clarington.
Page 125