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Home My WebLink About2021-09-20 Agenda Council Post-Meeting Agenda Date:September 20, 2021 Time:6:30 p.m. Location:Council Members (in Chambers or MS Teams) | Members of the Public (MS Teams) Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and video record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be recording you and will make the recording public by publishing the recording on the Municipality’s website, www.clarington.net/calendar. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net *Late Item added 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 July 5, 2021 8 7.Presentations / Delegations *7.1.Liza Maw, regarding Report PDS-040-21 Request to Repeal Designation By-law 97-17;4478 Highway 35/115 25 *7.2.Tracy Hallman and Trudy Visentin, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.3.Kelly Maika, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.4.Mike Gimblett, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.5.Jessica Ennis, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.6.Frank Stapleton, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Page 2 *7.7.Angie Holliday, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.8.Krista McCardle, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.9.Cassandra Sheppard, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.10.Geri Chung, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.11.Sara Thomas, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.12.Cheryl Harding, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville *7.13.Darryl Kerswell, regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville 8.Reports/Correspondence Related to Presentations/Delegations *8.1.Correspondence regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property Known at 4504 Highway 2, Newtonville 43 Correspondence was received from the following Clarington residents regarding the application: Viviana Marinacci, Marvin Stapleton, Michael Gimblett, Krista McCardle, Kathy Hickey, Donna and Bob Barrett, Jessica Ennis, Darryl Kerswell, Leah Brill, Angilee Saltern, Jordan Maybee, Robert Dees, Peter Shaw, Tom Blake, Gwen and Jim Coles, Sue Gimblett, Kelly Maika, Richard Bellamy, Dave and Laura Higgans, Jerry Thompson, Kevin Flintoff, Lori Cronk, Denika Jones, Mitch Alldread, Lynn Page 3 Robinson, Jennifer Ackerman, Steve Stapleton, Billi Berwick-Stapleton, Kevin Nyberg, Joe Maika, Wendy McKay, Laura Aird. Mike Pollard, Courtney Meijer The Municipal Clerk informed Council that correspondence was received from the following 11 individuals after the agenda publishing deadline: Gail Nyberg, Tim and Kristi Green, Carlo Candiano, Mitch Alldread, Jared Milford, J. Budel, Azard Mohammed, James Hurtubise, Julie Ball, Anetta Toth, Arathi Packiyananthan, Angie and Michael Holliday 9.Consideration of Minutes 9.1.Advisory Committee Minutes 9.1.1.Minutes of the Newcastle Arena Board dated June 22 and August 17, 2021 103 9.1.2.Minutes of the the Samuel Wilmot Nature Area Management Advisory Committee dated June 14, 2021 106 *9.1.3.Minutes of the Clarington Diversity Committee dated June 24 and September 2, 2021 110 9.1.4.Minutes of the Agricultural Advisory Committee dated July 8 and August 26, 2021 118 9.1.5.Minutes of the Active Transportation and Safe Roads Advisory Committee dated July 8, 2021 126 9.1.6.Minutes of the Heritage Committee dated July 20, 2021 131 9.1.7.Minutes of the Accessibility Advisory Committee dated May 5 and June 2, 2021 136 9.2.Standing Committee Minutes 9.2.1.Minutes of the Audit and Accountability Committee dated August 4, 2021 144 9.2.2.Minutes of the Joint General Government and Planning and Development Committees meeting dated September 13, 2021 147 *9.2.3.Minutes of the Special General Government Committee meeting dated September 16, 2021 168 10.Communications Page 4 11.Staff Reports and Staff Memos 11.1.Memo from Trevor Pinn, Director of Financial Services/Treasurer regarding Approval of Reserve Funds for Use at Highway 2 and Bowmanville Ave 170 (Motion to approve the use of up to $148,000 from the appropriate development charges reserve fund at the discretion of the Treasurer, for the Regional Rd 57 Streetlighting (Highway 2 to 150m north of Stevens Rd) project.) 12.Business Arising from Procedural Notice of Motion (For Consideration at Subsequent Meeting) 13.Unfinished Business 13.1.Memo from Erica Mittag, Staff Liaison to the Diversity Advisory Committee, Regarding National Day for Truth and Reconciliation (Councillor Hooper intends to suspend the rules to bring this forward from the September 27, 2021 General Government Committee meeting) Link to Item 9.3.1 of the September 13, 2021 Joint Committees Agenda 13.2.Jaaneen Calder, Newcastle Business Improvement Area, Regarding Request to Fund New Lighting at the Newcastle Community Hall (Referred from the September 13, 2021 Joint Committees meeting) Link to Item 8.6 of the September 13, 2021 Joint Committees Meeting *13.3.Ontario Eye Exam Fees 172 (Referred from the September 13, 2021 Joint Committees meeting) (Additional Information from Dr. Robert Kyle Attached) Link to Item 8.10 of the September 13, 2021 Joint Committees Meeting 13.4.PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115 (Referred from the September 13, 2021 Joint Committees meeting) Link to Item 10.1 of the September 13, 2021 Joint Committees Meeting Link to Report PDS-040-21 Page 5 13.5.FSD-039-21 Heritage Tax Incentive (Referred from the September 13, 2021 Joint Committees meeting) (Link to Report FSD-039-21) 14.Confidential Items 14.1.Confidential Report CAO-007-21 - Spry Avenue Property Disposition (To be distributed under separate cover with the agenda update) *14.2.Confidential Memo from Rob Maciver, Director of Legislative Services/Municipal Solicitor regarding 4504 Hwy 2, Newtonville (Distributed Under Separate Cover) 15.By-laws 15.1.2021-065 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 175 (By-law to Remove (H) Holding Symbol - Strategic Property Management c/o Robert Bellissimo) *15.2.2021-066 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 181 (By-law to Remove (H) Holding Symbol - 289143 Ontario Limited (Eastvale)) *15.3.2021-067 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 185 (By-law to Remove (H) Holding Symbol - Delpark Homes (Prestonvale) Inc.) 15.4.2021-068 - Being a by-law to appoint a Director of Emergency and Fire Services/Fire Chief for the Municipality of Clarington (Report CAO-004-21) *15.5.2021-069 - Being a By-law to Amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Report PDS-043-21) 16.Procedural Notices of Motion (For Consideration at Subsequent Meeting) Page 6 17.Questions to Department Heads / Request for Staff Report(s) 18.Confirming By-Law 19.Adjournment Page 7 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: Time: Location: July 5, 2021 7:00 p.m. Microsoft Teams Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, G. Acorn, S. Brake, F. Langmaid, R. Maciver, M. Pick, R. Windle, J. Gallagher, M. Chambers 1. Call to Order Mayor Foster called the meeting to order at 7:00 p.m. 2. Moment of Reflection Councillor Anderson led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Anderson recited the Land Acknowledgement Statement. 4. Declaration of Interest Councillor Jones declared an indirect interest Item 2 of the Planning and Development Committee Report regarding Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice. 5. Announcements Members of Council announced upcoming community events and matters of community interest. 6. Adoption of Minutes of Previous Meeting(s) 6.1 Minutes of a regular meeting of Council dated June 14, 2021 Resolution # C-225-21 Moved by Councillor Traill Seconded by Councillor Zwart That the minutes of the regular meeting of the Council held on June 14, 2021, be approved. Carried Page 8 July 5, 2021 Council Minutes 2 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) Stephen Brickell, Mark Clermont, Darlene Clermont, were present regarding Report PWD-025-21 - Red Oak Tree at 21 Beech Ave (Item 4 of the General Government Committee Report). Mr. Brickell provided some background information and history of the situation with the Red Oak Tree. Ms. Clermont explained to the Members of Council that, on June 30, 2021, a branch from the tree fell on their home and they had tremendous support from both the Municipality and the community. She stated that there has been no communication from the Municipality with respect to the tree being removed. Ms. Clermont noted that the report had three options and they have hired a master arbourist at their own expense to assess the tree. Mr. Brickell continued by reviewing their requests of the Municipality which included: 1. Direct staff to communicate and collaborate directly with Mark and Darlene Clermont, who are the owners of 21 Beech Avenue. 2. Acknowledge that the tree is a boundary tree so removal is not a unilateral decision of the Municipality and both parties must agree to the removal of the tree. 3. They appreciate the support of the funding of $56,00 but are requesting staff revisit the preservation approach which would cost $56,000 and revise the plan to a $12,000 to $18,000 budget over a 7-year period as recommended by the report Mr. and Mrs. Clermont had commissioned. 4. Have Del Cressman review both reports and submit a quote for services he recommends then collaborate with the homeowners and ask for the most appropriate action to prolong the life of the tree. Mr. Brickell, Mr. Clermont and Ms. Clermont answered questions from the Members of Council. Alter the Agenda Resolution # C-226-21 Moved by Councillor Hooper Seconded by Councillor Traill That the Agenda be altered to consider Item 4 of the Planning and Development Committee Report, at this time. Carried Page 9 July 5, 2021 Council Minutes 3 Item 4 - Red Oak Tree at 21 Beech Ave Resolution # C-227-21 Moved by Councillor Neal Seconded by Councillor Jones That the matter of Report PWD-025-21, regarding the tree at 21 Beech Ave., be referred back to Staff to look at the option suggested by Mr. and Mrs. Clermont; and That there be a survey of the tree location to determine the exact location of the boundary lines. Yes (6): Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (1): Mayor Foster Carried on a recorded vote (6 to 1) 9. Communications – Receive for Information 10. Communications – Direction 10.2 Architectural Conservancy of Ontario (Clarington Branch) regarding the Red Oak Tree at 21 Beech Avenue 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) 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) Resolution # C-228-21 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Items 10.1 to 10.4 be approved on consent as follows, with the exception of items 10.1: That Correspondence Item 10.2 from Architectural Conservancy of Ontario (Clarington Branch) regarding the Red Oak Tree at 21 Beech Avenue, be referred to the consideration of Item 4 of the General Government Committee Report. That Correspondence Item 10.3 from Beth Meszaros and Mary Ann Muizelaar regarding Report PDS-038-21 - Envision Durham, Proposed Policy Directions (Item 5 of the Planning and Development Committee Repot be referred to the consideration of Item 5 of the Planning and Development Committee Report. Page 10 July 5, 2021 Council Minutes 4 That Correspondence Item 10.4, a Memo from Ryan Windle, Director of Planning and Development Services regarding Repeal of Designation of 4478 Highway 35/115 be referred to the consideration of Item 7 of the Planning and Development Committee Report. Carried 10.1 Memo from Trevor Pinn, Director of Financial Services/Treasurer, regarding Delegation of Authority to Approve Financial Statements to Audit and Accountability Committee Resolution # C-229-21 Moved by Councillor Neal Seconded by Councillor Zwart That the authority to approve the 2020 Audited Financia l Statements be delegated to the Audit and Accountability Committee. Carried 10.5 Suzanne and Dietmar Reiner regarding a Parkland Opportunity Resolution # C-230-21 Moved by Councillor Jones Seconded by Councillor Neal That the matter of correspondence Item 10.5 from Suzanne and Dietmar Reiner regarding a Parkland Opportunity be referred to staff to report back to the September 13, 2021, Joint General Government and Planning and Development Committees meeting. Carried 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 11.1.2 Minutes of the Newcastle Arena Board dated June 8, 2021 11.1.3 Minutes of the Agricultural Advisory Committee dated June 10, 2021 11.1.4 Minutes of the Clarington Affordable Housing Task Force dated June 22, 2021 11.1.5 Minutes of the Clarington Heritage Committee dated June 15, 2021 Resolution # C-231-21 Moved by Councillor Jones Seconded by Councillor Neal That Advisory Committee Report Items 11.1.1 to 11.1.5, be approved. Carried Page 11 July 5, 2021 Council Minutes 5 11.2 General Government Committee Report of June 21, 2021 Resolution # C-232-21 Moved by Councillor Zwart Seconded by Councillor Neal That the recommendations contained in the General Government Committee Report of June 21, 2021 be approved on consent, with the exception of items 2, 5, 6, 7, 9 and 4 (which was considered earlier in the meeting). Carried Item 2 - Meera MacDonald, Chair, Diversity Advisory Committee, Regarding Report CSD-005-21 Update on Diversity Initiatives and Clarington's Diversity Advisory Committee Resolution # C-233-21 Moved by Councillor Hooper Seconded by Councillor Zwart 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. Carried Item 6 - Meeting Schedule – Updated to Reflect Changes to Procedural By-law Resolution # C-234-21 Moved by Councillor Zwart Seconded by Councillor Anderson 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. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote, see following motions (3 to 4) Page 12 July 5, 2021 Council Minutes 6 Resolution # C-235-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-234-21 be amended by adding the following at the end: "That the last meeting in June, 2022 be a Joint meeting and that there be a July 2022 Council meeting." Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) The foregoing Resolution #C-234-21 was then put a vote and lost on a recorded vote. Recess Resolution # C-236-21 Moved by Councillor Hooper Seconded by Councillor Zwart That the Council recess for five minutes. Carried The meeting reconvened at 8:07 p.m. with Mayor Foster in the Chair. Resolution # C-237-21 Moved by Councillor Zwart Seconded by Councillor Hooper 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; and That all interested parties listed in Report LGS-022-21, and any delegations, be advised of Council’s decision. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried on a recorded vote (4 to 3) Page 13 July 5, 2021 Council Minutes 7 Item 5 - Active Transportation on West Beach Road Resolution # C-238-21 Moved by Councillor Hooper Seconded by Councillor Jones 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. Carried Item 7 - 2021 – 2022 Insurance Report Resolution # C-239-21 Moved by Councillor Neal Seconded by Councillor Jones 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. Carried Item 9 - Purchasing During the Summer Resolution # C-240-21 Moved by Councillor Neal Seconded by Councillor Jones That a special Council meeting be scheduled, if necessary, for July and August, to consider purchasing contracts, if Council approval is required. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) Page 14 July 5, 2021 Council Minutes 8 Resolution # C-241-21 Moved by Councillor Zwart Seconded by Councillor Anderson That the matter of “a special Council meeting being scheduled, if necessary, for July and August, to consider purchasing contracts, if Council approval is required”, be received for information. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried (4 to 3) 11.3 Special General Government Committee Report of June 23, 2021 Resolution # C-242-21 Moved by Councillor Zwart Seconded by Councillor Hooper That the recommendations contained in the Special General Government Committee Report of June 23, 2021 be approved on consent. Carried 11.4 Planning and Development Committee Report of June 28, 2021 Resolution # C-243-21 Moved by Councillor Anderson Seconded by Councillor Hooper That the recommendations contained in the Planning and Development Committee Report of June 28, 2021 be approved on consent, with the exception of items 2, 5 and 7. Carried Item 2 - Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, Regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice Councillor Jones declared an indirect interest in Item 2 of the General Government Committee Report, Mark Murphy, Sr. Director, Capital and Planning, Lakeridge Heath, regarding an Update on the Lakeridge Health Bowmanville Helipad and Clarington Hospice as she is an employee of Lakeridge Health. Councillor Jones muted her audio and video and refrained from discussion and voting on the matter. Page 15 July 5, 2021 Council Minutes 9 Resolution # C-244-21 Moved by Councillor Hooper Seconded by Councillor Zwart 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. Carried Councillor Jones returned to the meeting. Item 5 - Envision Durham, Proposed Policy Directions Resolution # C-245-21 Moved by Councillor Zwart Seconded by Councillor Traill 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, save and except, the Proposed Policy Direction “Rura l System”, Section Number 55, bullet #1, and that Clarington Council supports a policy of a maximum 2% limitation of on-farm diversified uses that can occupy a property. 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. Motion Lost, Later in the meeting, See following motion Motion to Divide Resolution # C-246-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-247-21 be divided such that Paragraph 2 (Regarding Tables 1 through 7), be considered separately. Carried Page 16 July 5, 2021 Council Minutes 10 Resolution # C-247-21 Moved by Councillor Zwart Seconded by Councillor Traill That the proposed policy directions as outlined in Tables 1 through 7 of Report PDS-038-21, be supported, save and except, the Proposed Policy Direction “Rural System”, Section Number 55, bullet #1, and that Clarington Council supports a policy of a maximum 2% limitation of on-farm diversified uses that can occupy a property. Yes (1): Councillor Zwart No (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Traill Motion Lost on a recorded vote (1 to 6) Resolution # C-248-21 Moved by Councillor Neal Seconded by Councillor Jones 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 Co urtice 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. Carried as Amended, See following motions Resolution # C-249-21 Moved by Councillor Neal Seconded by Councillor Jones That the foregoing Resolution #C-248-21 be amended by inserting the following after the word pedestrians in Paragraph 5: "from the future Courtice Go Station" Carried The foregoing Resolution #C-248-21 was then put a vote and carried as amended. Page 17 July 5, 2021 Council Minutes 11 Item 7 - Request to Repeal Designation By-law; 4778 Highway 35/115 Resolution # C-250-21 Moved by Councillor Hooper Seconded by Councillor Zwart That Item 7 of the Planning and Development Committee Report (Report PDS-040-21 regarding 4478 Hwy 35/115), be referred to the September 13, 2021, Joint General Government and Planning and Development Committees meeting. Carried 11.5 Audit Committee Minutes and Report dated June 29, 2021 Resolution # C-251-21 Moved by Councillor Neal Seconded by Councillor Hooper That the recommendations contained in the Audit Committee Minutes of June 29, 2021 be approved on consent, with the exception of items 3 and 4. Carried Recommendation 3 - Report FSD-036-21, Purchasing By-law Resolution # C-252-21 Moved by Councillor Hooper Seconded by Councillor Zwart That the Purchasing By-law, attached to Report FSD-036-21, be approved. Yes (3): Mayor Foster, Councillor Hooper, and Councillor Zwart No (4): Councillor Anderson, Councillor Jones, Councillor Neal, and Councillor Traill Motion Lost on a recorded vote (3 to 4) Resolution # C-253-21 Moved by Councillor Neal Seconded by Councillor Jones That Report FSD-038-21 - Purchasing By-law, be referred to the next Audit Committee meeting. Carried Page 18 July 5, 2021 Council Minutes 12 Recommendation 4 - Report FSD-037-21, Capital Projects (2020 and prior) Resolution # C-254-21 Moved by Councillor Neal Seconded by Councillor Jones That report FSD-037-21, Capital Projects (2020 and prior) be received for information. Carried 12. Staff Reports 12.1 Report CSD-006-21 - Enabling Accessibility Fund Application Resolution # C-255-21 Moved by Councillor Jones Seconded by Councillor Zwart That Report CSD-006-21 be received; That Council support the application for funding the project; 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; That upon approval of the funding staff be authorized to issue an RFP for the design and engineering for the accessibility improvement project at the Municipal Administrative Centre; and That all interested parties listed in Report CSD-006-21 and any delegations be advised of Council’s decision. Carried 12.2 Report FSD-038-21 - Authority to Enter Into Funding Agreements – ICIP Resolution # C-256-21 Moved by Councillor Neal Seconded by Councillor Hooper That Report FSD-038-21 be received; That the By-law attached to Report FSD-038-21, as attachment 1, be approved; and That all interested parties listed in Report FSD-038-21 and any delegations be advised of Council’s decision. Carried 13. Business Arising from Procedural Notice of Motion Page 19 July 5, 2021 Council Minutes 13 14. Unfinished Business 14.1 Camp 30 Adhoc Committee – Summer Developer Meeting (Referred from the June 28, 2021 Planning and Development Committee Meeting) Resolution # C-257-21 Moved by Councillor Neal Seconded by Councillor Jones 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. Referred Resolution # C-258-21 Moved by Councillor Neal Seconded by Councillor Traill That Item 14.1 - Camp 30 Adhoc Committee – Summer Developer Meeting, be referred to the end of the Agenda to be considered during Closed Session. Carried 14.2 AMESA Monitoring Reporting for the Incinerator (Referred from the June 28, 2021 Planning and Development Committee Meeting) Resolution # C-259-21 Moved by Councillor Neal Seconded by Councillor Traill 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. Referred Resolution # C-260-21 Moved by Councillor Neal Seconded by Councillor Jones That Item 14.2 - AMESA Monitoring Reporting for the Incinerator, be referred to the end of the Agenda to be considered during Closed Session. Carried Page 20 July 5, 2021 Council Minutes 14 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 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 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 Newcastle 15.4 2021-061 - Being a by-law to provide policies and procedures for the procurement of goods and services 15.5 2021-062 - Being a by-law to authorize the execution of aTransfer Payment Agreement under the Investing in Canada Infrastructure Plan 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” Resolution # C-261-21 Moved by Councillor Hooper Seconded by Councillor Zwart That leave be granted to introduce By-laws 2021-058 to 2021-063, with the exception of By-law 2021-061; and That the said by-laws be approved. Carried 16. Procedural Notices of Motion 17. Other Business 17.1 Clarington Digest Resolution Suspend the Rules Resolution # C-262-21 Moved by Councillor Hooper Seconded by Councillor Zwart That the Rules of Procedure be suspended to add an additional item to the Agenda regarding Clarington Digest. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Motion Lost on a recorded vote (4 to 3) – ¾ was needed to suspend Page 21 July 5, 2021 Council Minutes 15 17.2 Community Celebration Resolution Suspend the Rules Resolution # C-263-21 Moved by Councillor Hooper Seconded by Councillor Anderson That the Rules of Procedure be suspended to add an additional item to the Agenda regarding a Community Celebration. Yes (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill, and Councillor Zwart No (2): Councillor Jones, and Councillor Neal Motion Lost on a recorded vote (5 to 2) – ¾ was needed to suspend 14.1 - Camp 30 Adhoc Committee – Summer Developer Meeting 14.2 - AMESA Monitoring Reporting for the Incinerator Closed Session Resolution # C-264-21 Moved by Councillor Neal Seconded by Councillor Anderson That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with the following:  a proposed or pending acquisition or disposition of land by the municipality or local board;  a matter deals with litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;  a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Rise and Report The meeting resumed in open session at 9:50 p.m. Mayor Foster advised that two items was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Page 22 July 5, 2021 Council Minutes 16 14.1 - Camp 30 Adhoc Committee – Summer Developer Meeting - Continued Resolution # C-265-21 Moved by Councillor Neal Seconded by Councillor Jones 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. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote (3 to 4) 14.2 - AMESA Monitoring Reporting for the Incinerator - Continued Resolution # C-266-21 Moved by Councillor Neal Seconded by Councillor Traill 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. Carried as Amended, See Following motions Resolution # C-267-21 Moved by Councillor Zwart Seconded by Councillor Neal That the foregoing Resolution #C-266-21 be amended by adding the following to the end: That Council request the Ministry of the Environment, Conservation and Parks (MECP) respond, in writing, providing details on: 1. The involvement and oversight of the MECP in commissioning and operation of the Durham York Energy Centre (DYEC) Long Term Sampling System for dioxins and furans (the “AMESA System”), including review and approval of the AMESA work plans, the process for data correlation, and the data validation process and criteria; 2. The scope and frequency of review of the AMESA data by MECP qualified professionals; and 3. The Owner’s compliance with Condition 7(3) of the DYEC’s Environmental Compliance Approval. Carried Page 23 July 5, 2021 Council Minutes 17 Resolution # C-268-21 Moved by Councillor Neal Seconded by Councillor Hooper That the foregoing Resolution #C-266-21 be amended by adding the following to the end: 4. That the air quality monitoring (baseline testing statistics), taken prior to the start of production at the DYEC, also be provided and reviewed as part of the above review; and 5. That MECP compare baseline testing with current air quality and address any major deviation. Carried The foregoing Resolution #C-266-21 was then put a vote and carried as amended. 18. Confirming By-Law Resolution # C-269-21 Moved by Councillor Hooper Seconded by Councillor Zwart That leave be granted to introduce By-law 2021-064, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 5th day of July, 2021; and That the said by-law be approved. Carried 19. Adjournment Resolution # C-270-21 Moved by Councillor Neal Seconded by Councillor Hooper That the meeting adjourn at 10:42 p.m. Carried Page 24 4478 HWY. 115/35 ORONO Alfred Massardo & Liza Maw Page 25 ■Designated a heritage house in 1997 as requested by Luisa Massardo ■Luisa tried to remove it in 2008 due to insurance concerns, weeks prior to her death ■Her children and Alfred Massardo (current owner) were under the impression it was repealed in 2008 Page 26 Maintenance of House ■Furnace updated in 2012; cleaned and inspected yearly ■Hot water tank replaced in 2021 ■Water softener and filtration system serviced and inspected in 2020 ■Copper wiring; 200 amp circuit breaker panel ■Fire alarms updated in 2019 ■Fence replaced in 2020 ■Roof replaced in 2020 ■Pool is in a separate fenced in area ■Pool liner replaced in 2021 ■Yearly arborist maintenance ■Routine cleaning of eavestroughs ■Any unexpected issues are promptly dealt with Page 27 Insurance Premiums $3,639.60 $4,571.64 $5,595.48 $5,706.72 2017/18 2018/19 2019/20 2020/21 $2,067.72 increase *No insurance claims for the past 18+ yearsPage 28 2017/18 Page 29 2018/19 Page 30 2019/20 Page 31 2020/21 Page 32 INSURANCE COMPANIES Page 33 Allstate Page 34 The Co-operators Page 35 The Co -operators cont’d Page 36 Desjardins Page 37 Desjardins Page 38 Economical Insurance Reviews Page 39 Insurance Bureau of Canada ■http://www.ibc.ca/on/home /heritage-properties Page 40 Insurance Bureau of Canada ■Response from Marc Lefebvre about regulations for property insurance Page 41 Government of Ontario ■Heritage Tool Kit, page 24 ■http://www.mtc.gov.on.ca/e n/publications/Heritage_Too l_Kit_DHP_Eng.pdf Page 42 From:Viviana Marinacci To:ClerksExternalEmail Subject:darryls store newtonville Date:September 15, 2021 6:28:17 PM You don't often get email from doityourselfdoula@gmail.com. Learn why this is important EXTERNAL Hi, I Viviana Marinacci residing at 880 Durham Regional Rd 17, Newcastle, ON L1B 1L9 support Darryls store in Newtonville. The new location would allow for better parking flow. Please do not deny his application his store is a staple for us. Viviana Marinacci -- Thank you for contacting us regarding your up coming birth. We will return your e-mail within 24 hours. In the mean time please feel free to check out our website www.doityourselfdoula.ca. If you are contacting us regarding placenta encapsulation please give us 24 hours to respond as we may be at a birth or txt 647-919-0576 for immediate response. Currently we are accepting all clients for PE and CBE classes. For Doula availability we will get back to you shortly. Page 43 From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Commercial ReZoning in Newtonville for Darryl Kerswell DENIED Date:September 16, 2021 9:40:40 AM From: Marvin Stapleton <marvins@deerhaven.ca> Sent: Wednesday, September 15, 2021 8:25 PM To: Council <councilOutside@clarington.net> Subject: Fwd: Commercial ReZoning in Newtonville for Darryl Kerswell DENIED EXTERNAL Please direct to all Clarington Councillors thank you! Granville Anderson: You embarrass me and our small community of dedicated tax payers in Newtonville. Get out from behind your laptop and come see what’s happening in Newtonville. For the rest of the counsellors that voted against this you need be ashamed. Darryl has done more for Newtonville in this corner store than any of his predecessors. If this doesn’t get redirected in the proper destination it will be a sad sad day for the community of Newtonville. My family has been in this community since 1850 and my son is the sixth generation so I will go head to head with any of you with regards to commitment and knowing what commitment looks like. With feet on the ground I vote for Darryl. Call me anytime. “Disappointed in Clarington” Marvin Stapleton 2100 Stapleton Rd Newcastle ON L1B0V1 Sent from my iPhone Begin forwarded message: Page 44 Some people who received this message don't often get email from mike.gimblett@sympatico.ca. Learn why this is important From:Welsh, Amanda To:Chambers, Michelle Cc:Patenaude, Lindsey Subject:FW: Commercial ReZoning in Newtonville for Darryl Kerswell DENIED Date:September 16, 2021 8:45:01 AM Hello Michelle, Please see the below. In it is a request to speak with name and address provided. Mike notes that he spoke at the PM, but doesn’t mention Committee. Please let me know if he is able to register and if you require additional information for that so I can include it in my response to him. Thank you, Amanda Amanda Welsh (she/her) Councillors’ Office Assistant Office of the CAO Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2003 | 1-800-563-1195 www.clarington.net From: MichaelGimblett <mike.gimblett@sympatico.ca> Sent: Wednesday, September 15, 2021 7:56 PM To: Council <councilOutside@clarington.net> Subject: Commercial ReZoning in Newtonville for Darryl Kerswell DENIED EXTERNAL Dear Mayor and Councilors, I heard the very unfortunate news that Planning Committee voted 5-1 against this. This was even after in June you had expressed support for the plan and PLANNING REPORT was in favour. You who voted against this did a great disservice to the applicant who is a long time resident of Newtonville and the people of Newtonville. Page 45 I guess you don't care to remember the support of the community by way of delegations and a petition supporting the applicant of over 1300 names. I would also say that those 1300 people and delegates are all members of the local community who patronized the previous business. I have lived in the area since 1982. Apparently from talking to Granville on Tuesday he told me there wasn't any community support for the application. He also failed to tell me that it would be coming to full council this coming Monday and that we would have a chance to reiterate our support. Very convenient Mr. Anderson. Who do you represent? The people of Newtonville or an absentee landlord who refused to renew the lease of the existing business owner? This is about supporting LOCAL! We all heard how we were to support LOCAL businesses during the pandemic. Well we did and made the Newtonville store very successful to the point that the greedy landlord wanted to pull a greedy takeover play. Who really has the best interest of the people of Newtonville at heart. Besides, nothing has happened at the store except maybe some work done without a building permit? I hear your argument that there were many people against. I'm sure they were the same people from outside of Newtonville and Clarington who showed up to support their friend the landlord at the public meeting. These people do not care about Newtonville or the residents. YOU are the ones who are suppose to care about the wishes of the people who elect you! In case you haven't got the gist of this yet, next Monday will be a chance for you to correct your mistake and vote to support this application so that the people of Newtonville can QUICKLY get backed to being served by Darryl Kerswell! If any of you would like to debate this with me please feel free to call me 905- 431-6855 or email me mike.gimblett@sympatico.ca. Amanda I would like this put on record that I am in favour of this application and would like to speak at council next Monday. Yes I was told I hade already spoken at the public meeting and could not speak again. So why were people allowed to speak again against the application????? Michael Gimblett 2128 Newtonville Rd, Page 46 Some people who received this message don't often get email from krista.mccardle@gmail.com. Learn why this isimportant From:Welsh, Amanda To:Chambers, Michelle Subject:FW: Denial of rezoning- Report PDS 043 -21 Darryl Kerswell Date:September 16, 2021 9:01:43 AM Correspondence only. Amanda Welsh (she/her) Councillors’ Office Assistant Office of the CAO Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2003 | 1-800-563-1195 www.clarington.net From: Krista M <krista.mccardle@gmail.com> Sent: Wednesday, September 15, 2021 7:39 PM To: Council <councilOutside@clarington.net> Subject: Denial of rezoning- Report PDS 043 -21 Darryl Kerswell EXTERNAL Clarington council: I am writing to obtain an explanation for your denial of the re-zoning application for the Newtonville General Store and to request an explanation of why you completely disregarded your own Planning Department's report, the signatures of 1320 residents in Clarington on the petition provided to you that are on public record as part of the public meeting, the 100 write in letters that are on public record in support of the store, the 8 additional letters on public record in favour of the store and allowed a disgruntled former landlord and 91 opposed to impact your decision. The Planning Department approved Mr. Kerswell's application in a published report that outlined in detail Clarington's willingness to work with him as “the applicant” to meet all necessary requirements to re-zone. Mr. Kerswell followed all necessary steps in this process - a public meeting was held in which local residents could voice concern to be put on record, residents of the immediate area were advised of the rezoning application providing ample time to attend the public meeting and to contact Clarington council for information. Mr. Kerswell has followed all steps appropriately and spent thousands of dollars to re-zone. According to your own report "he has met all requirements" and if any have not been met the Planning Department indicates "full willingness to cooperate with Mr. Kerswell to ensure he meets the requirements"to be successful in moving forward." Page 47 Furthermore, contrary to the unproven, undocumented and completely irrelevant comments made by the disgruntled landlord in Monday's meeting, the Planning Department report also addressed all of the concerns of the previous landlord and "residents" who wrote in with comments regarding parking, landscaping, handicap access etc. that were raised in their templated written submissions and at the public meeting. This report was comprehensive and included all required attachments and documentation that as an elected counselor you are expected TO REVIEW PRIOR TO OR DURING THE MEETING in which you are voting. It is clear by your votes none of you reviewed the Planning Department report. This requires explanation. Why are my tax dollars funding a planning department that issues building permits, requires residents to follow re-zoning processes only to have the council members completely ignore the reports they issue? There is no legal basis or justification for the negative vote nor a reasonable explanation for the denial of the rezoning given your own Planning Department's report. Furthermore, I wish to point out the following that requires immediate comment: 1. The delegates the City Clerk allowed to speak at Monday's meeting requires review - who validates these are in fact residents of Clarington and what criteria is required to prove residency. The citizens of Clarington are owed an explanation. 2. Who reviews and validates the names on documents submitted in opposition of the rezoning application. If these are from non-residents they are in essence irrelevant and should be completely disregarded by Council. The citizens of Clarington are owed an explanation. 3. Supporters of Mr. Kerswell were denied participation in Monday's meeting and were advised their participation would be redundant as comments were previously expressed at the public meeting. All comments heard Monday against the rezoning were in fact redundant and were heard previously at the public meeting. If individuals could be heard against the rezoning then individuals supporting should have been added IN FAIRNESS TO THE PROCESS. The City Clerk denied this. The citizens of Clarington are owed an explanation. 4. Why was the petition of over 1320 supporters to reopen and rezone Mr. Kerswell's store not considered. Why were the 100 written letters not considered? Why were the 8 additional letters not considered? This is a total of 1428 indications of support vs 91 emails against. The community is overwhelmingly in support of the rezoning AND WAS NOT EVEN TAKEN INTO ACCOUNT. The citizens of Clarington are owed an explanation. 5. A member of council commented that they could not picture a store at the rezoning location. The Planning Department report is the basis for you to form a decision (i.e. it is part of your homework) and provides recommendations and you are expected to read the report and ask questions prior to the meeting in which you are voting to better understand and conceptualize. This comment was inappropriate. The citizens of Clarington are owed an explanation on why this council member is in their position and does not understand the requirements of their role. 6. There is no store in Newtonville and has not been since June in the landlord's commercial property. Why is the council allowing a landlord of a building with commercial space to influence a rezoning application that has the full support of Clarington's Planning Department? This influence of one disgruntled landlord over another's right to rezone and carry on his EXISTING business and continue to serve the community with a successful Page 48 business in lieu of a "potential business" that does not even exist in Newtonville is now a precedent that you have set. Commercial landlords can now bully other citizens in council meetings? The citizens of Clarington are owed an explanation. 7. The issue is competition. It is not the council's job to determine the success or failure of business in this municipality. This store is a vibrant part of the Newtonville and surrounding community as demonstrated by the petition you received in support of the store that is on public record. Newtonville is also subject to development as are the other communities that comprise Clarington. Development and growth are to be supported. IF two commercial properties occur side by side this is not unreasonable in the heart of Newtonville. This landlord can choose to encourage another tenant in his commercial property with another business model THAT DOES NOT COMPETE with Mr. Kerswell's business. It is this landlord's choice to seek a similar tenant for his property to compete with his previous tenant. But it is not his right to block rezoning. It is not the role of Council to influence a business model or plan by denying rezoning especially when your own Planning Department fully supports and approves the application. The citizens of Clarington elect officials to represent all of them and a planning meeting regarding rezoning is not the forum for personal disputes. This landlord repeatedly has made unfounded allegations against Mr. Kerswell and each of you allowed this to continue Monday in a meeting that was to discuss Mr. Kerswell's application - not to discuss the issues of the public meeting. Again - the Planning Department report fully addressed all concerns these individuals raised once again on Monday and each of you would know this if you had read your own Planning Department report which fully supported the rezoning. This meeting should have focused on any outstanding questions for Mr. Kerswell by members of the council in relation to his rezoning application - not a public meeting as this step in the process had already been completed. You failed Mr. Kerswell in not following your own processes. It’s time to reassess your decision and make things right in the interests of this community that has proven and documented their full support of Mr. Kerswell. Based on the facts there appears to be no justification for your negative votes. As noted above, I request an investigation into this entire process. Your bias against Mr. Kerswell despite him following the process of the Planning Department is quite clear and clearly an investigation is warranted into each council member’s relationship to the landlord. The overwhelming community support for the re-zoning is on public record and clearly outweighs those opposed. An inquiry into this entire process is now fully warranted. I submit this letter with the understanding that this will be included and read as part of the record. I expect this email to be time stamped and read at Monday’s meeting in lieu of my attendance due to COVID 19. Krista McCardle 118 Laking Drive Newcastle L1B 1P9 Page 49 From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Newtonville General Store Date:September 16, 2021 9:42:43 AM -----Original Message----- From: info@clarington.net <info@clarington.net> On Behalf Of Kathy Hickey Sent: September 15, 2021 7:41 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: Newtonville General Store EXTERNAL I am writing to show my support for Daryl Kerswell reopening the Newtonville General Store at his new location. I am a longtime resident of Newtonville as is Daryl. He provided a much needed service to this town. The fact that he is willing to put so much time effort and money into reopening the store at his new location speaks volumes. It is quite fitting that the store would reopen in Wallace Boughen's previous home. Wally was affectionately know as the mayor of Newtonville. I respectfully request his submission be approved. Kathy Hickey 2105 Newtonville Road, Newtonville, ON L0A 1J0 Page 50 From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Newtonville store Date:September 16, 2021 9:52:05 AM -----Original Message----- From: Donna Barrett <moonbeamdb@icloud.com> Sent: September 15, 2021 3:27 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: Newtonville store [You don't often get email from moonbeamdb@icloud.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] EXTERNAL Letter in support of Darryl’s Kerswell’s request for re-zoning and building permit. I am writing this letter in support of Darryl’s application. I am a resident of Clarington, and will attach proof of such to this email. My reasons for support; 1. Daryl has served this community and the community would like to continue the service we have received from him 2. The new location of his store will add parking on his private property, including handicapped parking that currently does not exist 3. It will help prevent people from parking too close to the corner which creates a hazard for motorists, the current easement for the old stores location causes people to park too close to the corner blocking sight line from Newtonville road stop sign. Creating a potential hazard. 4. Even if two convenience stores conducted business side by side the only result would be less congestion in the area. Especially during Covid and a potential 4th wave, possibly more, having two places means people are in and out faster while abiding by maximum capacity rules during the pandemic, providing MORE safety, both in regards to the pandemic and in regards to traffic congestion in the area 5. Daryls store will be fully handicapped accessible. It is 2021, our municipality should be embracing every opportunity to ensure fair and equitable access for all citizens. The grandfathered store is not, it also has a major hazard of their stairs being on the municipal sidewalk, leaving the municipality open to civil suits. Whereas Daryls alternate location will offer a safe accessible place and help insulate the municipality from potential law suits and liability. 6. He already holds the approved LCBO license for the area. We do not know if or when the original building will reopen, If it will be a general store or something else and even if they are and Daryl relinquished the license he owns, they still can not apply for one for 6 months after being in business and there is no guarantee they will get one, which could deprive an area of a convenience we are accustomed to. A convenience standard in most small hamlets. 7. Daryl has followed the bylaws, I do not see a building permit in the building next door yet I see contractors and materials like concrete being removed. 8. We do business with many clients in Newtonville, we enjoyed the convenience of the General store that Daryl operated, my sister lives two doors down and is also one of our clients, Daryl ensured he kept items we needed to conduct business, motor oil, leaf bags etc in case we needed to grab something quickly in the area. As that is the only store. I can’t guarantee the same quality of customer care from another store owner. I am sure we are one of many businesses who enjoyed the rapour built and would like to continue it. 9. I was one of the 1200+ residents of Clarington who signed the petition supporting Daryl, I stand by that and I will continue to support a local business in the efforts to continue to carry on business in our community. 10. Daryl has met ALL of the requirements set out by the planning department. I do not see a logical reason, that this is not being approved short of one parties single objection who has some skin in the game and self serving motives. 11. I ask that THIS TIME, council NOT let people who do not live in Clarington have a say. It was pointed out that people from Mississauga and King City commented at the first reading. I find this questionable at best! All parties should have to PROVE residence in Clarington by way of ID or bill in their name with a Clarington address to be able to give any feed back. Page 51 I submit this letter with the understanding it will be registered (time stamped) and read at the meeting in lieu of my attendance (due to Covid) as per my right to be heard under Canadian law. We are residents of Newtonville. This is our neighbours lively hood. What a wonderful store and Daryl is the reason why it was a good store. Do the right thing. Thank you Donna and Bob Barrett 4320 Concession Rd 1 RR8 Newcastle Ontario L1b0e4 Page 52 From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Newtonville Store Date:September 16, 2021 9:33:50 AM -----Original Message----- From: info@clarington.net <info@clarington.net> On Behalf Of Jessica Ennis Sent: September 14, 2021 10:37 AM To: Mayor Shared Mailbox <mayor@clarington.net> Subject: Newtonville Store EXTERNAL Good Morning, It is with great disappointment that I am writing to you regarding the proposed zoning of the Newtonville Store @ 4504 Durham Regional Hwy 2, Newtonville, ON L0A 1J0 . During the pandemic the Newtonville Store run by Darryl was a safe place for us to get groceries, get our mail, and other services. The store brought a sense of community to our very small town of Newtonville. The store brought a sense of normalcy for our children if they wanted to grab a snack and the only store in walking distance in our town. I would strongly suggest a review of the councils final decision. Even on social media the outcry is extreme that the permit to make the property a commercial property has been denied. As a neighbor whose yard backs onto 3/4 of this proposed property, I fully support the property being changed to a zoning to allow the store. As a direct tax payer in this community, not a person from another municipality providing feedback, as we all viewed on the meetings I would hope our feedback is respected and acted upon. There were comments that the look of this location for the community would not fit. I am not sure if you have noticed the property beside the proposed at 450 Durham Region Hwy 2, that is falling apart and vacant for 2 + years also backing onto our property, or better yet check out 2030 Newtonville rd a block away that is a residential property turned into a junk yard right in the front yard? I would be more concerned with these property and there status, than the proposed improvements that were brought forward??? Take a drive out you will definitely notice them. Please take my feedback as a member of the community directly impacted by this decision to decline the proposal into consideration. Jessica Ennis 2035 Newtonville Rd, Newtonville Ontario L0A 1J0. ------------------------------------- Page 53 From:Chambers, Michelle To:Chambers, Michelle Subject:FW: rezoning 4504 highway 2 newtonville Date:September 16, 2021 9:24:31 AM From: Darryl Kerswell <newtonvillegs@gmail.com> Sent: Wednesday, September 15, 2021 7:00 PM To: Council <councilOutside@clarington.net> Subject: rezoning 4504 highway 2 newtonville EXTERNAL Good afternoon my name is Darryl Kerswell owner/operator of the Newtonville General store for the last 5 years and resident for 30 years. I was in shock and disbelief to listen to all but one councillor vote against the wishes of the community and the recommendation of your own planning department. My understanding of the process is that the public meeting is the forum for all residents of the community to be heard. According to public record from that meeting there were 91 against and 1428 in favour of rezoning. This includes email submission, letters and a petition signed by members of the community and customers of the store. I am not a mathematician but I worked that out to 94% in support of rezoning. I have begun looking closer at the emails on record and it looks like the negative comments/concerns seem to be a template with the names being changed making me question the legitimacy. But that of course is my own opinion. At the conclusion of the public meeting a unanimous vote in favour of moving forward with my application was recorded. To date I have spent in the neighborhood of 40 thousand dollars on this project to make sure every aspect and concern was addressed. I don’t believe the lies misinformation and obvious motivations of the next door neighbor should have any bearing on councils decision to do what is in the best interest of the community. As it stands right now there is NO store in newtonville. If you could please explain to me why council has voted against me trying to better the place where I live, I would really like to know. Regards Darryl Kerswell Sent from Mail for Windows Page 54 From:leah_brill To:ClerksExternalEmail Subject:Letter in support of Darryl’s Kerswell’s request for re-zoning and building permit. Date:September 16, 2021 6:41:46 AM You don't often get email from leah_brill@yahoo.ca. Learn why this is important EXTERNAL Good morning, I am writing this letter in support of Darryl’s application. I am a resident of Clarington, and reside in Orono. My sister and her husband live right behind the newtonville general store and we have shopped there many times. We have enjoyed the convenience of the General store that Daryl operated and the rapour built and would like to see it continue. My reasons for support; 1. Daryl has served this community and the community would like to continue the service we have received from him 2. The new location of his store will add parking on his private property, including handicapped parking that currently does not exist . 3. It will help prevent people from parking too close to the corner which creates a hazard for motorists, the current easement for the old stores location causes people to park too close to the corner blocking sight line from Newtonville road stop sign. Creating a potential hazard. 4. Even if two convenience stores conducted business side by side the only result would be less congestion in the area. Especially during Covid and a potential 4th wave, possibly more, having two places means people are in and out faster while abiding by maximum capacity rules during the pandemic, providing MORE safety, both in regards to the pandemic and in regards to traffic congestion in the area. 5. Daryls store will be fully handicapped accessible. It is 2021, our municipality should be embracing every opportunity to ensure fair and equitable access for all citizens. The grandfathered store is not, it also has a major hazard of their stairs being on the municipal sidewalk, leaving the municipality open to civil suits. Whereas Daryls alternate location will offer a safe accessible place and help insulate the municipality from potential law suits and liability. 6. He already holds the approved LCBO license for the area. We do not know if or when the original building will reopen, If it will be a general store or something else and even if they are and Daryl relinquished the license he owns, they still can not apply for one for 6 months after being in business and there is no guarantee they will get one, which could deprive an area of a convenience we are accustomed to. A convenience standard in most small hamlets. 7. Daryl has followed the bylaws. Page 55 8. I was one of the 1200+ residents of Clarington who signed the petition supporting Daryl, I stand by that and I will continue to support a local business in the efforts to continue to carry on business in our community. 9. Daryl has met ALL of the requirements set out by the planning department. I do not see a logical reason, that this is not being approved short of one parties single objection who has some skin in the game and self serving motives. 10. I ask that THIS TIME, council NOT let people who do not live in Clarington have a say. It was pointed out that people from Mississauga and King City commented at the first reading. I find this questionable at best! All parties should have to PROVE residence in Clarington by way of ID or bill in their name with a Clarington address to be able to give any feed back. I submit this letter with the understanding it will be registered (time stamped) and read at the meeting in lieu of my attendance (due to Covid) as per my right to be heard under Canadian law. Thank you, Leah Brill 136 station street Orono Sent from my Bell Samsung device over Canada's largest network. Page 56 From:angilee980 To:ClerksExternalEmail Subject:Newtonville General Store Date:September 15, 2021 7:39:27 PM You don't often get email from angilee980@gmail.com. Learn why this is important EXTERNAL To whom it may concern I am writing to you in regards to the Newtonville general store. My family and I settled into to this small community in the beginning of 2017. We moved here from up North.. We didn’t know anyone here in the community. The first people we met were Darryl and his partner.. Darryl was so friendly right from day one.. Darryl is an amazing individual always friendly and courteous.. Darryl listened to the people of our community and always stocked the shelves in the store with all the necessities that we requested or needed.. The stock was always stocked with your typical corner store items- milk bread lottery tickets. But every Tuesday Darryl would go out shopping for items to stock the store with that us people of the community would request.. This helped out so much , making it so we didn’t need to travel outside of community for everyday items. Since the store has been closed we have no choice but to travel to other stores to acquire the things we had readily available here.. The customer service is not the same. Darryl is a true staple of our community. We want him and definitely need him back.. So please take the time to listen to the people of this small community and Let Darryl reopen and do what he totally enjoys.. We miss his friendly face and can’t wait for him to return.. Sincerely The Saltern Family 4475 Durham Regional Hwy 2, Newtonville Page 57 From:Jordan To:ClerksExternalEmail Subject:Newtonville General Store Date:September 15, 2021 4:25:48 PM You don't often get email from jordan.nicholas.maybee@gmail.com. Learn why this is important EXTERNAL Hello, I'm writing in effort to show my support of Darryl and everything the Newtonville General store brought to the community. They always had what I needed and on the rare occasion they didn't have it on the shelf, they would gladly dip into their own kitchen supplies to help me out. This happened multiple times and I can't thank them enough! You just don't get service like that very often anymore so we really can't be losing these types of business owners! I thought that Darryl got the go ahead to move forward with transitioning the business next door and now I'm hearing that permission has been revoked and with little to no explanation? We need our General store back and we need the awesome folks who ran it at the helm! Thankyou, Jordan Maybee 4503 Durham Regional Hwy 2, Newtonville, ON L0A 1J0, Canada Page 58 From:Robert Dees To:ClerksExternalEmail Subject:Newtonville General Store submittion Date:September 15, 2021 9:24:18 PM You don't often get email from r.dees.pm@gmail.com. Learn why this is important EXTERNAL My name is Robert Dees my address is 3011 Concession St E, Clarington, ON L1C5Z7, Canada. I have like at this address in Clarington for eleven years. The small store in Newtonville has been there for a very long time serving the community. There are no stores other than at Mearns Ave and Hwy 2. There was a large petition signed by a significant number of local residents who rely on the store for essentials. I understand this was not considered in the decision to denigh the request. Also other information presented to councel by the opposition had not been properly vetted to ensure information was from local residents. I trust this issue will be investigated and I would like a letter explaining how it will be resolved. Thank you Robert Dees. Page 59 You don't often get email from pbs@pbsengraving.com. Learn why this is important From:Peter Shaw To:ClerksExternalEmail Subject:RE: Attn: Conceal Members Date:September 15, 2021 3:26:49 PM EXTERNAL 4480 Hill Street Newtonville, On L0A 1J0 Peter Shaw @ www.pbsengraving.com From: ClerksExternalEmail <clerks@clarington.net> Sent: Wednesday, September 15, 2021 2:45 PM To: Peter Shaw <pbs@pbsengraving.com> Subject: RE: Attn: Conceal Members Hi Peter, Thank you for your email. If you could like this included on the council agenda, please provide me with your address. Thank you. Michelle Chambers Administrative Assistant Legislative Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2101 | 1-800-563-1195 www.clarington.net From: Peter Shaw <pbs@pbsengraving.com> Sent: September 15, 2021 2:20 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: Attn: Conceal Members EXTERNAL Page 60 I Peter Shaw family and friends support Darryl Kerswell 100% with his Bylaw amendment 2021-008 In his permit for commercial use Darryl has been the best shop Stewart of the Newtonville store we have seen in 30 years And would like to see him continue servicing the town of Newtonville Peter & Lynn Shaw Page 61 From:Tom Blake To:ClerksExternalEmail Subject:Re: Daryl, Newcastle General Store Date:September 15, 2021 4:15:27 PM You don't often get email from tomeblake1975@gmail.com. Learn why this is important EXTERNAL Tom Blake 75 Swindells St, Bowmanville, ON L1C 0C8, Canada Was a regular customer of Newtonville General Store. On Wed., Sep. 15, 2021, 4:13 p.m. ClerksExternalEmail, <clerks@clarington.net> wrote: Hello Tom, Please provide me with you full name and address and I can include your email on the Council agenda. Thank you. Michelle Chambers Administrative Assistant Legislative Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2101 | 1-800-563-1195 www.clarington.net Page 62 You don't often get email from tomeblake1975@gmail.com. Learn why this is important From: Tom Blake <tomeblake1975@gmail.com> Sent: September 15, 2021 3:57 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: Daryl, Newcastle General Store EXTERNAL I support Daryl in the Newcastle General Store. The municipality must stand by local business owners and allow them to continue earning a likelihood - especially in a small community like Newtonville. I understand there is a meeting on Monday regarding this matter. Please forward my letter of support to the attendees. Page 63 From:Gwen Coles To:ClerksExternalEmail Subject:Darryl Kerswell - Newtonville General Store Date:September 16, 2021 12:46:40 PM [You don't often get email from snowwhite99@hotmail.ca. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] EXTERNAL Please approve the new location of the Newcastle General Store. With Darryl’s new location plans accessibility needs will be improved and met, and the store being further away from the corner will make it safer for motorist and pedestrians alike. His business is a valuable asset to our community and the personal service he provides is second to none! We believe the continuity of his service will greatly benefit the community as well as adding curb appeal to the centre of our village. Gwen and Jim Coles 1710 Ovens Rd. Newtonville Sent from my iPhone Page 64 From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Commercial Rezoning in Newtonville Date:September 16, 2021 1:54:09 PM > -----Original Message----- > From: Sue <suegimblett@sympatico.ca> > Sent: Wednesday, September 15, 2021 9:22 PM > To: Council <councilOutside@clarington.net>; Mayor Shared Mailbox <mayor@clarington.net> > Subject: Commercial Rezoning in Newtonville > > [Some people who received this message don't often get email from suegimblett@sympatico.ca. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] > > EXTERNAL > > Dear Mayor Foster and fellow councillors, > > I am writing in regard to the commercial rezoning application of Darryl Kerswell in Newtonville. I understand that his application has been denied. There seems to be no real reason why it has been denied??? Apparently Anderson Granville said that there was no community support for the application??? Seriously!!! > I have lived in the community and surrounding area for well over 40 years and the Newtonville General Store has always been a part of our community! There were over 1300 signatures from the community and surrounding area of Newtonville who were in favour of Darryl's rezoning application. > These are the people who support this application!! > These are the people YOU should be listening to!!! > These are the people who voted for YOU!! > These are the people You are representing!! > Please reconsider YOUR decision!! > I support Darryl Kerswell's application!! > Please feel free to contact me at 905-441-2207. > I live at 2128 Newtonville Road. > Thank you for reconsidering this very important community matter! > Sue Gimblett 2128 Newtonville Road, Newtonville, ON. L0A1J0 > > Page 65 You don't often get email from kellysnature@gmail.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Monday Sept 20th meeting, re: rezoning application of Darryl Kerswell - Kelly Maika Date:September 16, 2021 5:15:52 PM EXTERNAL I request that this letter be submitting in regards to the meeting being held Monday September 20th, 2021 Fully support the rezoning application of Darryl Kerswell Reasoning: 1. I am disabled, I look forward to a store that meets the required code for accessibility to me and others who have access issue. I feel confident that the planning department has done their due diligence and ensured compliance 2. I have spoken with Darryl and suggested alternates for the parking concerns express by others, he was open to all suggestions and willing to work with planning department to address improvement; Including removing the tree he intended to keep, which would allow for parking on his property directly in front of the store, moving the handicapped spot to the other side of the building to allow a lane way on the east side to access extra parking in the back, which would elevated all concerns of “congestion” in the area and end any safety concerns for motorists and pedestrians alike. 3. Continuity of service, this is a long standing business that was there for many of us through this pandemic and other person struggles in life, I am a believer in the community and supporting one another. My family and I felt comfortable, safe and relaxed as patrons before and we would like to continue that small town general store “hub of the community” relationship we had before. 4. For the most part I have found other community members feel the same, short of one or two who’s friends have a financial interest/bias in stopping this. 5. I feel the community as a whole feels this way and it is good for the harmony of the community. I personally checked the petition in support that Darryl submitted, there were over 1300 signatures, 890 from Clarington of which 445 were from Newtonville itself, demonstrating the Village majority does in fact Page 66 support this. For these reasons I 100% support him, I hope Clarington decides to support free enterprise and allow him to resume his business we have all relied on in the new location. Respectfully submitted Kelly Maika 152 lakeview Rd, Newcastle, ON L1B 1C8 Page 67 You don't often get email from rickbellamy@hotmail.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Monday September 20th meeting. Richard Bellamy Date:Thursday, September 16, 2021 7:39:37 PM EXTERNAL I support Darryl Kerswell’s application for the following reasons: 1. I don’t feel that there will be a new parking/congestion issue, however I understand Darryl is willing to work with planning to mitigate any concerns people may have 2. I noticed the proposal has a handicapped parking space and will be accessible to all citizens. Something important to me as both my wife and daughter are disabled 3. I miss the store, I developed a comfortable patron/owner relationship with him. He even went out of his way to stock items I needed for my business (oil, leaf bags etc) in case I ran out while at a neighbouring clients house. Once going so far as to just giving me his own leaf bags. That kind of services and small town feel is a one of a kind and an irreplaceable asset. I want him to resume running his business so we citizens can resume enjoying the exception level of care and neighbourly treatment we are now accustom to. For these reasons and so many more, I am not a skilled letter writer, I support Darryl and think this will be an asset to our community, we want our store back! Sincerely Richard Bellamy 152 lakeview rd Newcastle ontario L1B1C8 Clarington, Ontario. Page 68 You don't often get email from davehiggins@rogers.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Newtonville General store Date:September 16, 2021 11:09:07 AM From: davehiggins@rogers.com <davehiggins@rogers.com> Sent: September 16, 2021 10:26 AM To: ClerksExternalEmail <clerks@clarington.net> Subject: Newtonville General store EXTERNAL To whom it may concern. Myself and my wife are residents of Newtonville for just over 6 years and we also attended the live Clarington meeting online and spoke on camera in favor of this general store getting approval and we recently heard it was denied. Darryl Kerswell has done everything that was asked of him by the planning department and was still denied from converting part of his home into a business that this town needs immediately. We have spoken to MANY residents in the area who have informed us that if this isn’t approved no matter what business is opened in Newtonville by anyone other than Darryl Kerswell they will continue to drive to Newcastle for anything that’s required, with everything going on in the world regarding car emersions Darryl Kerswell store can be walked to and every little bit helps the environment. We implore the Clarington council to reverse this decision and give Darryl Kerswell an opportunity to continue his business. Thank You Dave and Laura Higgins 95 Jones Ave Newtonville Ontario L0A-1J0 Page 69 Page 70 Some people who received this message don't often get email from g.thompson.18@hotmail.com. Learn why this is important From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Newtonville Store - Jerry Thompson Date:September 16, 2021 3:55:01 PM From: gerald thompson <g.thompson.18@hotmail.com> Sent: Thursday, September 16, 2021 12:59 PM To: Council <councilOutside@clarington.net> Subject: Newtonville Store EXTERNAL Please reconsider your voting against the rezoning of Darryl's property, and rezone it commercial to allow him to open his store. Jerry Thompson 8427 Dell Road Kendal Ontario Thankyou J. Thompson Get Outlook for Android Page 71 You don't often get email from flintoff52@msn.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Rezoning in Newtonville - Kevin Flintoff Date:September 16, 2021 5:17:07 PM From: kevin flintoff <flintoff52@msn.com> Sent: September 16, 2021 4:37 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: Rezoning in Newtonville EXTERNAL I'm very concerned about a rezoning of the house beside the existing commercial building aka Newtonville store. I have lived in Newtonville for over 30 years on jones ave . There should not be two commercial buildings so close to each other and especially with the parking up there if this goes through you will essentially be creating a disaster waiting to happen. I know people are very upset about this but the proposed site is not a good idea. I can't make the meeting on Monday . I can be reached by email at flintoff52@msn.com or Thanks from a concerned resident of Newtonville. Kevin Flintoff 20 Jones Ave Newtonville Ontario L0a1j0 Get Outlook for Android Page 72 From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: The Newtonville General store - Lori Cronk Date:September 16, 2021 5:14:18 PM > -----Original Message----- > From: Lori Cronk <maymom99@icloud.com> > Sent: September 16, 2021 4:12 PM > To: ClerksExternalEmail <clerks@clarington.net> > Subject: The Newtonville General store > > [You don't often get email from maymom99@icloud.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] > > EXTERNAL > > Hi there! I am a person who resides in Newtonville. I was so saddened as was my whole family when the general store was shut down. It was so handy for people to run out for last minute items rather than making the trek to Newcastle. I really don't see anything else being beneficial in this area, besides a general store. During the beginning of covid it was so amazing to have something so close that had toilet paper and cleaner. We need this store. Please reconsider allowing the General store to continue operating. > Thank you > Lori Cronk 4503 hwy 2 Newtonville, Ontario L0A 1J0 Page 73 From:Denika Jones To:ClerksExternalEmail Subject:Letter in Support of Darryl Kerswell - Re-zoning and Building Permit Date:September 16, 2021 12:08:51 PM You don't often get email from denikajones@yahoo.ca. Learn why this is important EXTERNAL As a resident of Newcastle/Netwonville border I am writing this letter in support of Darryl Kerswell's application to re-zone for the Netwonville General Store. Darryl has served this community with a full heart and wonderful service. My whole household enjoyed visiting Darryl at the store and many times we have called to ask for things and he will go above and beyond to see that he can do whatever he can for his customers and his community. Darryl deserves to continue serving his community while earning a living. I was one of the 1200+ residents of Clarington who signed the petition supporting Darryl, I stand by that and I will continue to support a local business in the efforts to continue to carry on business in our community. I also sent a letter to the municipality offering my support for the first meeting in which I also could not attend in person. I will respectfully ask that THIS TIME, council NOT let people who do not live in Clarington have a say as to what goes on into our community especially the small town in which my husband has called home for nearly 35 years. It was pointed out that people from Mississauga and King City commented at the first reading. I find this questionable at best! All parties should have to PROVE residence in Clarington by way of ID or bill in their name with a Clarington address to be able to give any feed back. I will gladly supply my Driver's license to prove my address. Darryl's new location will add parking on his private property, including handicapped parking that currently does not exist. It will help prevent people from parking too close to the corner which creates a hazard for motorists, the current easement for the old stores location causes people to park too close to the corner blocking sight line from Newtonville road stop sign. Creating a potential hazard. The new store store will also be fully handicapped accessible. The grandfathered store is not, it also has a major hazard of their stairs being on the municipal sidewalk, leaving the municipality open to civil suits. Whereas Darryl's alternate location will offer a safe accessible place and help insulate the municipality from potential law suits and liability. Darryl already holds the approved LCBO license for the area. We do not know if or when the original building will reopen, If it will be a general store or something else and even if they are and Darryl relinquished the license he owns, they still can not apply for one for 6 months after being in business and there is no guarantee they will get one, which could deprive an area of a convenience we are accustomed to. A convenience standard in most small hamlets. Darryl has met ALL of the requirements set out by the planning department. I do not see a logical reason, that this is not being approved short of one parties single objection who has some skin in the game and self serving motives. I submit this letter with the understanding it will be registered (time stamped) and read at the meeting in lieu of my attendance (due to Covid) as per my right to be heard under Canadian law. Thank you, Denika Jones Page 74 From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Newtonville general store Mitch Alldread Date:September 17, 2021 9:01:01 AM > -----Original Message----- > From: Mitch Alldread <mitch4493@gmail.com> > Sent: Thursday, September 16, 2021 7:36 PM > To: ClerksExternalEmail <clerks@clarington.net> > Subject: Newtonville general store >> > EXTERNAL > > Why did you ignore the petition and vote against the planning > department against the general store we need a store in this village Mitch Alldread 4493 hwy 2 newtonville L0a1j0 Sent from my iPhone > Sent from my iPhone Page 75 You don't often get email from lynn_dlr@hotmail.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Newtonville store - Lynn Robinson Date:September 17, 2021 10:02:35 AM From: lynn lowery-robinson <lynn_dlr@hotmail.com> Sent: September 16, 2021 8:05 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: Newtonville store EXTERNAL We need our newtonville store asap....run by our local original person Lynn Robinson 1529 East Townline Rd Newcastle , Ontario L1B1L9 Sent from my Bell Samsung device over Canada's largest network. Page 76 You don't often get email from jennifer.ackerman@sunspacesunrooms.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Newtonville General Store and Cafe - Jennifer Ackerman Date:September 17, 2021 9:25:35 AM From: Jennifer Ackerman <jennifer.ackerman@sunspacesunrooms.com> Sent: September 17, 2021 8:23 AM To: ClerksExternalEmail <clerks@clarington.net> Subject: Newtonville General Store and Cafe EXTERNAL Good Morning, I hope that council reconsiders the application for the Newtonville store. There is no store or convenience in the area to offer the residents or people like me passing by every week. I think our communities should support small business and not work against them. This is someone who is trying to offer the area a service and provide a self-emloyment income. Newtonville is a smaller area and not much to offer for residents other then driving to neighbouring communities. Please reconsider your decision and support small local businesses like this one. I’m sure if they wanted to put in a “pot shop” that would be approved right away which is simply not fair. I would use this store on our way to our trailer, to support local and also for a drive some nights. Sad to see it closed. Jennifer Ackerman 623 King Ave East, Unit 12 Newcastle, Ont L1B 1K7 Page 77 From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Darryl Kerswell and the Newtonville General Store - Steve Stapleton Date:September 17, 2021 10:13:00 AM > > -----Original Message----- > From: Steve Stapleton <sstapleton11@hotmail.com> > Sent: September 17, 2021 9:28 AM > To: ClerksExternalEmail <clerks@clarington.net> > Subject: Darryl Kerswell and the Newtonville General Store > > > EXTERNAL > > Hi there, > As a life long resident of Newtonville I can honestly say that Darryl is the best village store owner I've experienced in my 46 years, He himself is a 25 year resident of Newtonville so he knows exactly what it takes to treat his customers with that small town friendly service. > He has worked very hard at bringing his business up to where it was before the building owner wouldn't renew the lease, the village has never been so lucky to have the services that Darryl provided. > The building owner has seen Darryls success and now wants to take that, that is definitely not the small town way around here, it's almost criminal for what's been happening to him, We strongly support Darryl. Steve Stapleton, Stapleton Auctions, 4536 hwy 2 Newtonville ON > Page 78 From:BILLI BERWICK To:ClerksExternalEmail Subject:Darryl Kerswell*Newtonville General Store & Cafe Date:September 17, 2021 9:26:56 AM You don't often get email from billibee@hotmail.com. Learn why this is important EXTERNAL This email is to state I Billi Berwick-Stapleton SUPPORT Darryl Kerswell 100% . Darryl has great business knowledge along with awesome customer service when dealing with customers such as myself and my family who live down the street from his store. To see this be taken away would be an outright crime to our village! He goes above and beyond for this community and should go without saying yet it has came to this. A complete SHAME! Billi Berwick-Stapleton 4536 Regional RD HWY 2 Newtonville, ON Sent from Mail for Windows Page 79 From:ClerksExternalEmail To:Chambers, Michelle Subject:Newtonville General Store Date:September 17, 2021 11:35:24 AM EXTERNAL Good Morning, My name is [Name redacted] and I have been a resident of Newtonville for several years. I reside at [Address Redacted]. The purpose of my email today is to address my opinions on the current situation in our community regarding the Newtonville General Store and to inform you that I do not support allowing a personal dwelling to be rezoned for commercial purposes, when there is already an existing commercial building right beside it. I have decided to reach out to you, my Counsel, via email rather than on Social Media because I do not want to risk my personal values and opinions to be attacked (and quite frankly bullied) in effort to shoot me down and ridicule me for having an opinion that may differ from someone else's. For many MANY years the current commercial building, otherwise known as the ‘Newtonville General Store’, has been used as a retail store, café, lottery hub and most recently the LCBO. Never until now have I heard of any one having ANY issues with accessibility, sidewalks, parking etc etc. I understand, that there may be some personal disputes between the current owners of the commercial building and it’s previous tenant which has certainly created an uproar in the town of Newtonville and surrounding communities, however I feel that personal matters should not publicly influence opinions – but they are, and they are creating an unfortunate divide in the place I love and call home. My concerns about turning a private dwelling into a shared retail space is, first and foremost, the safety of our community members. There is absolutely NO room to support two retail establishments in this spot safely. Parking WILL be an issue. How can the proposed store accommodate a steady and safe flow of traffic through our community on Hwy 2? Entering/exiting a narrow (one way) laneway will cause congestion on an already busy intersection (busy with cars AND pedestrians). To try and safely access the proposed store, by car, will encourage people to park on the road so they are not inconvenienced trying to get in and out Page 80 of said narrow laneway, obstructing the sightlines of cars trying to cross Highway 2 from Newtonville Rd (coming from the North side) which will increase the potential for accidents to occur. Loading and unloading supplies is a concern especially given the size of delivery trucks. What part of the proposed store property would support this? Or are they expecting the delivery trucks to sit idle on Highway 2 while unloading? Again, an accident just waiting to happen. Counsel already voted against allowing a private dwelling to become a commercial space because counsel members knew that this would not be feasible or safe for our community. There is NO need for the risks that two retail spaces side by side, on a busy roadway in a small community of 600 people would cause. NO NEED AT ALL!!! By approving this, you would be jeopardizing the safety of our community. Don’t fix what isn’t broken. We already have a building in place that will safely and sustainably accommodate our communities retail needs. Thank you for taking the time to consider my concerns. Sincerely, [Name redacted] Page 81 From:kevin nyberg To:ClerksExternalEmail Subject:Darryl’s Kerswell’s application Date:September 17, 2021 10:29:29 AM You don't often get email from nybergkevin@yahoo.ca. Learn why this is important EXTERNAL My name is Kevin Nyberg and live at 4045 hwy 2. My family and I full support Darryl in this application to open his new store front!. Over the years he has proved time and again how important he is to our community. My sons bus would drop him off at highway 2 and Newtonville Road and Darryl would welcome him in the store anytime to get out of the elements till my wife and would get there. My daughter with special needs would love to go shopping and roam the store and Darryl would alway go out of his way to make her shopping Independence happen without any hurdles to jump!. My daughter does not do well in big groups and has a difficult time with people so when she warmed up to Darryl and his staff I knew he had something special that not just anyone has. Living in a rural area we don’t have many amenities so what’s the big deal anyways with Newtonville having another store. In closing not only does Darryl and his family need this pasted but so does my family and the many family’s of this great Community!. Kevin Nyberg. Sent from Yahoo Mail for iPhone Page 82 You don't often get email from jmaika45@gmail.com. Learn why this is important From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Darryl Kerswell’s re-zoning Joe Maika Date:September 17, 2021 11:37:37 AM EXTERNAL RE: access for kids with special needs! FULL support of Darryl’s Kerswell’s application My name is Joseph (Joe) Maika, I have two children with special needs. My daughter [Name Redacted] who has Down Syndrome and my son [Name Redacted] who has Aspergers. Before Covid they enjoyed going to Darryl’s store, it was a treat for them and if I went without them they were very upset. Darryl embraced them with open arms and accommodated their need to be free and explore. As a parent of kids with such disabilities I assure you it is a rarity from most stores. He made them feel welcome and was completely inclusive to them, often making a point to greet them and offer them a game to play. That kind of customer service is a rarity and a relief to parents of kids with special needs who often are not so welcome in commercial establishments. When the pandemic hit I knew it was a safe place for my children to come with me, my daughter is high risk but I felt safe with her attending his store, allowing my children the sense of normalcy they desperately needed as they couldn’t see friends, family, attend school etc. That special outing was a God send. Just to buy a treat and say hello. Darryl has demonstrated how much he cares for his customers and how he goes the extra mile to ensure accessibility for all. It would be a travesty to end such a wonderful services over trivial matters spurred by negatively of parties with intent to sabotage. He has met all the requirements and I know he is willing to go the extra mile to appease any concerns. My sister lives two doors down from the proposed rezoned store and is a caregiver for my children. To take this away from them would be cruel. I have told them Darryl was reopening, as he met all planning requirements and I truly thought he was and I can’t comprehend why council would go against the planning department and stop this wonderful business from providing service and compassion to the community, especially the marginalized community. Please think of those who don’t have a voice. Please take the time to consider the gravity of my words. The community needs Darryl’s store! Sincerely a concerned parent, Page 83 Joe Maika 15 Hope street, North, Port Hope, L1A 2N4 Page 84 From:Wendy McKay To:ClerksExternalEmail Subject:Newtonville General Store Date:September 17, 2021 1:43:28 PM You don't often get email from wendy_mckay@ryder.com. Learn why this is important EXTERNAL Dear Sir/Madam, I have lived in Newtonville for 31 years. I love our community and the small town feel. I have been a customer of the Newtonville Store for all of those years through many different owners. I don’t know that I have seen a harder worker than Darryl Kerswell, the current owner. He created a wonderful quaint restaurant, an LCBO outlet and somewhere for us to pick-up the things that we run out of. He is always receptive to bringing in special items. Darryl has created a sense of community with great service within our town. I was one of thousands that signed a petition to keep Darryl operating as a store next door. If the landlord/owner of the building that Darryl was in opens a new store through unscrupulous tactics, and a majority of our community will not support him. Please listen to the tax paying members of the Newtonville community. We want to be heard. Darrly passed the zoning regulations. Please revisit your decision. Do any of your council members live in Newtonville ? If they do and know Darrl, I am positive that they would be voting to keep the store with him. Regards, Wendy McKay 3227 Gilmore Rd Newtonville, Ontario Phone: 905-439-8167 Email: mckay@netrover.com The information contained in this electronic communication and any accompanying document is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Ryder System, Inc. Unauthorized use, disclosure or copying of this communication, or any part of it, is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return email, and destroy this communication and all copies of it, including all attachments. Electronic communication may be susceptible to data corruption, interception and unauthorized tampering and Ryder Page 85 disclaims all liability of any kind for such actions or any consequences that may arise directly or indirectly therefrom. Page 86 From:Laura Aird To:ClerksExternalEmail Subject:Darryl Kerswell/Newtonville General Store Date:September 17, 2021 3:11:48 PM You don't often get email from ladyaird@gmail.com. Learn why this is important EXTERNAL Newtonville General Store I SUPPORT Darryl Kerswell’s application. My name is Laura Aird. I lived in Newtonville for 18 years, and recently moved to Cavan. I also worked for Darryl in the store for a time. Darryl is a hard working, passionate, and a proud member of the Newtonville Community. He has built his business from the ground up, giving Newtonville a much needed place for residents to grab a bite to eat, a quick snack or the essentials, and when he was given the LCBO license, a place to buy a bottle of wine or case of beer, without having to stop in Newcastle or elsewhere on the way home. He knows most people by name, is quick with a friendly hello, and always happy to have a chat to see how life is treating you. Having worked in the store, and living and frequenting the store for many years, I know firsthand what a nightmare the parking can be there. Especially in winter, with snow piled up, it’s an accident waiting to happen. The west exit, onto Newtonville Rd, is almost a blind corner. The 4 corners is a school bus stop, and parents regularly use the store parking to wait for the kids, making it even busier than normal when folks are coming home from work and stopping in to grab something. By removing the parking from the corner, it will make it safer for all, especially kids that don’t always pay attention to their surroundings. The old store is also not very accessible, even though effort was made to make it so. The limited space made that a challenge. Being able to plan that from the start will make the new store much more accessible for everyone. What Council members have done is ridiculous. Darryl went above and beyond and gained the planning approval needed for what he envisions. Newtonville and surrounds are growing. It makes sense to have more commercial spaces available. What goes in those spaces is NOT Council's concern. It is up to the small business owner if they think they can make a thriving business there. Darryl could before, and he can do it again. Council needs to reverse their decision. Laura Aird 1020 Morton Line Cavan, On Formerly of 3014 Elliott Rd, Newtonville Page 87 You don't often get email from jimmyhaystackmusic@gmail.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Newtonville Store Re-zoning - Mike Pollard Date:September 17, 2021 3:35:16 PM EXTERNAL To the board, Please allow me the opportunity to introduce myself. My name is Mike Pollard and I am a current resident of Newtonville. I grew up just 5 mins north of this beautiful village, went to elementary school here and spent my childhood with friends riding bikes and exploring as kids do. No matter where we were or which friend's house we were visiting, we always came to this store. The heart and hub of the community. What is a small community afterall without its general store? A meeting place, a home of necessities, a back up plan when you've forgotten an ingredient in the big city and of course, the place where an adolescent mind can explore the endless combinations of treats they can take home with their hard earned allowance. It's the way of life in a small town. Darryl, of course, appreciated this tradition and celebrated it. His store was always stocked with what was needed in a pinch. Ever live in the country and need flour at 7:30pm? Darryl had you covered. Need feminine products at the worst time? Darryl had you covered. Ice, lotto, butter, milk, bread or last minute snacks? Darryl. Had. You. Covered. Now I know most convenience stores should carry all mentioned items but what stood out to me at this particular location was the atmosphere and the people. The staff, including Darryl, always met customers with a friendly greeting and always asked if they could help you find something. The folks who shopped there would greet you as well and more than once, an old-fashioned 'chin-wag' would break out and I'd leave with a smile and a warm sense of belonging. I'd send my own kids to his store for a treat and the skip in their step and their smiles reminded me of my younger self with the same $5 bill and the anticipation of the sweet adventure to the store. This is an honest, hard-working man and his family trying their best to give back to the community and they did it well. Anyone can sell merchandise but not everyone can turn shelves and merchandise into a community hub you want to meet at and support. Darryl did that. And so much more. Please consider this application with heart. We need our store back and I fully support Darryl Kerswell in his bid to reopen. Thank you for your time and consideration. Mike Pollard 4453 Hwy 2, Newtonville 416 668 1838 Page 88 From:Keyzers, Heather To:Chambers, Michelle Cc:Welsh, Amanda Subject:FW: Support for Derryl Kerswell’s Application Date:September 17, 2021 2:18:34 PM For your information. -----Original Message----- From: Courtney <courtney_meijer@hotmail.com> Sent: September 17, 2021 2:17 PM To: counsil@clarington.net; Mayor Shared Mailbox <mayor@clarington.net> Cc: Tapp, Amanda <ATapp@clarington.net> Subject: Support for Derryl Kerswell’s Application [Some people who received this message don't often get email from courtney_meijer@hotmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] EXTERNAL Good Afternoon I live in Orono and work in Cobourg so I frequently stopped in to patronize Derryl’s store. He was always pleasant and mindful of his customers. It has been an inconvenience to have the store closed since June. I want to express my support for his application. I have heard that you did not think the community supported his application. Well you are wrong! We support local and so should you. Please add my name to those who do. Courtney Meijer 5801 Main St Orono Sent from my iPhone Page 89 From:Gail Nyberg To:ClerksExternalEmail Subject:Darryl Kerswell Application Date:September 20, 2021 11:34:03 AM You don't often get email from gailnyberg@gmail.com. Learn why this is important EXTERNAL Darryl Kerswell’s Application Clerks department Mayor’s Office Councillor’s Office. The letter is in support of Darryl Kerswell’s application before council. I have been a regular patron of the store. When I look after my grandchild who live on Hwy 2 between Newcastle and Newtonville I take my grandchildren to the store often. Darryl and his staff have been very accommodating especially to my granddaughter who is disabled. I ask you to support this application. I would have attended the meeting, but I am working at that time. The people of Newtonville and those who live rurally need this store. Please don’t hesitate to contact me if you need further information. Gail Nyberg 19 Sunset Rd Bowmanville , Ontario Gailnyberg@gmail.com 416-450-3203 Page 90 You don't often get email from kristigreen786@gmail.com. Learn why this is important From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Darryl Kerswell Tim and Kristi Green Date:September 20, 2021 9:31:57 AM EXTERNAL Hi, I would like to express my support of the rezoning proposed by Darryl Kerswell located at 4504 highway 2 Newtonville and know why town council has ignored our petition and the support of there own planning department in regards to this matter. Tim and Kristi Green 4548 concession #3 Newtonville ON. -- Page 91 From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: General store Date:Monday, September 20, 2021 5:43:44 PM > > -----Original Message----- > From: Carlo Candiano <candianorenos@gmail.com> > Sent: September 16, 2021 6:14 AM > To: ClerksExternalEmail <clerks@clarington.net> > Subject: General store > > [You don't often get email from candianorenos@gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] > > EXTERNAL > > Hi There > > I'm in support of Darryl and his general store/ lcbo license, I would have to go to newcastle or port Hope , to get a loaf of bread or a bottle of wine why should I be so inconvenienced because of a council in Bowmanville that , has everything at there finger tips.Sometimes before you decide to deny tax paying people the right to have a general store ,you need to think of those who voted you into the position you hold.Let this individual reopen his store so we can walk or ride or drive to the general store for a coffee, an ice cream for our grandchildren, or a bottle of wine for dinner. > > > Regards CarloCandiano 4504 county road 2 > Page 92 From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Newtonville general store Date:September 20, 2021 11:36:29 AM > -----Original Message----- > From: Mitch Alldread <mitch4493@gmail.com> > Sent: Thursday, September 16, 2021 7:52 PM > To: Council <councilOutside@clarington.net> > Subject: Newtonville general store > > [Some people who received this message don't often get email from mitch4493@gmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] > > EXTERNAL > > Why did you ignore the petition and vote against the planning department Darrel is a great guy he's always very helpful and helped numerous people in town that have trouble with paying for their essentials I can't believe you would vote down this store we need one!!! Mitch Alldread 4493 hwy 2 Newtonville Page 93 From:ClerksExternalEmail To:Chambers, Michelle Subject:FW: Support of general store (Newtonville) Date:September 20, 2021 9:20:16 AM > -----Original Message----- > From: Jared Milford <jaredmilford@hotmail.com> > Sent: September 16, 2021 8:26 PM > To: ClerksExternalEmail <clerks@clarington.net> > Subject: Support of general store (Newtonville) > > [You don't often get email from jaredmilford@hotmail.com. Learn why this is important at http://aka.ms/LearnAboutSenderIdentification.] > > EXTERNAL > > Hello, as a resident of Newtonville for many years, I'm am in support of the general store rezoning. > Thank you > > Jared Milford 4436 concession Road 1, Newtonville > > Page 94 Page 95 From:Julie To:ClerksExternalEmail Subject:Newtonville General Store Date:September 20, 2021 11:32:39 AM You don't often get email from email.julez@gmail.com. Learn why this is important EXTERNAL Hi, I just wanted to take the time to show my support of Darryl Kerswell and his application to reopen the Newtonville General Store. I have been living in Newtonville since March 2020. I often visited the area and the General Store before. Darryl and the store are an important part of the community. It is a place to stock up on the things you need and the opportunity to catch up with your neighbours. It is very important to a community to have a store with all the basics and some extras within walking distance. During Covid Darryl stocked the store with some extra groceries compared to before to make it easier to shelter in the community. I used the post office to send some packages and keep in touch with family who I could not visit. I was not comfortable going into the Shoppers Drug Mart locations to send packages. Most of the time I can walk to the store. It's nice to be able to keep my car parked more often. I am very excited for the re-opening I hope it is soon. Thanks, Julie Ball Page 96 From:arathi.packiyanathan To:Neal, Joe Cc:Anderson, Granville; Jones, Janice; Hooper, Ron; Zwart, Margaret; Meet Councillor Traill; Foster, Adrian; Tapp, Amanda; ClerksExternalEmail; Salazar, Carlos; Lizotte, Nicole Subject:Rezoning Application - Newtonville Date:Thursday, September 16, 2021 7:24:07 PM Some people who received this message don't often get email fromarathi.packiyanathan@gmail.com. Learn why this is important EXTERNAL Good evening, My name is Arathi and I’ve been a resident of Newtonville for several years. I’ve been seeing several negative posts about the rezoning. I have serious issues with what has occurred. I don’t think our town needs two stores and I don’t think this new store should be built. Please consider my letter in the council meeting as I am not in favour of the addition. Arathi Sent from my Galaxy Page 97 From:Anetta Toth To:Meet Councillor Traill Cc:Tapp, Amanda; ClerksExternalEmail; Salazar, Carlos; Lizotte, Nicole Subject:Oppose rezone 4504 Highway 2 Date:September 17, 2021 3:42:34 PM Some people who received this message don't often get email from anettatoth@outlook.com. Learn why this is important EXTERNAL Hello Mr. Mayor and Councillors. I am the co-owner of the Newtonville Country Store at 4502 Highway 2, Newtonville. I would like to thank you for your vote on Monday. I think we agree that the parking did not make sense and could pose a danger to customers and pedestrians that use the easement. Thank you again Anetta Toth 4502 Highway 2 Newtonville, ON Page 98 From:Azard Mohammed To:ClerksExternalEmail Subject:Newtonville general store Date:Monday, September 20, 2021 7:59:47 AM You don't often get email from az.fingaz007@gmail.com. Learn why this is important EXTERNAL My name is Azard Mohammed, i have lived in newtonville for over 20 years. I am very disappointed with your committee that stated there wasn't enough support for the store to be relocated. I know the current owner darryl he is a very good person. I really hope there is some reconsideration for the store to be approved. Thank you. Page 99 From:James Hurtubise To:ClerksExternalEmail Subject:Newtonville general store darryl Date:September 17, 2021 4:01:17 PM You don't often get email from jameshurtubise@yahoo.com. Learn why this is important EXTERNAL Hi my name is James Hurtubise I live at 3086 regional rd 20 bowmanville ont my family and I have missed the store and Darryl since they have been closed Darryl has always been kind and caring to us and our children my son who is autistic wanted to have his birthday dinner there and Darryl was very accommodating and made it very special for my son we all have missed him and his store so much he has my full support and would love to give him and the town of Newtonville my business again I don't understand why he has been denied rezoning but I think it would be very beneficial to the town and people from all around to have him and his store back up and running thank you Page 100 From:Angie Holliday To:ClerksExternalEmail Subject:Newtonville General Store Date:September 17, 2021 4:36:24 PM EXTERNAL Hello Clarington Council! I am writing to you with hopes that you will strongly consider Darryl Kerswell's request to open up the Newtonville General Store at it's new and improved location on Hwy 2, here in Beautiful Newtonville! Since the day Darryl had to close his doors, the community hasn't been the same. It really put a dent on our community! It's a small town, and so many familiar faces passed each day in the store- even some friendships were made! Darryl has a unique way of bringing people together, and supporting everything local. His willingness to go above and beyond, didn't make it like you were in a 'convenience store' it made it like it was going to your friends house, opening up the fridge and saying ``What's for lunch?" We moved to this community from Courtice about 4 years ago, and since have visited his store almost every day! I would go out of my way to go to him for my basic needs to support him- Service goes way farther for me then anything else. When you go in, it was never just an in and out thing. You were greeted by name, and if he didn't know it- he learned it; danced while shopping- cracked jokes, and laughed until it hurt. He listened to what you feel he should carry to gain more of your business, and quiet frankly I think just to be stand up guy, who genuinely cares! He knew the name of your kids, and what their interests were to make them feel more welcome too while in the store. He's offered to bake specific goods to take care of a craving you have, and has been a resource for some first time jobs for some local teens in the community! I've read articles from famous people, and their cast that were interviewed by locals while shooting movies in the area that this store is a 'must' to go shop at.. If you haven't been in before the closing, you sure missed out! We had friends each week that would come up from Newcastle just to get their items from him- specials orders- delicious baked goods and breakfast- he IS a LARGE part of Newtonville. When folks as where I live- I say 'Newtonville'- the town with one main street, and has the locally famous Newtonville General Store with everything you need and epic service that everyone loves! Sure, the last location was nice, however, this was more then that!! This was about supporting your locals. This is small town charm! With his willingness to do what it takes to ensure the whole community in included- even those with mobility issues in his new location, I can guarantee you, it won't be a decision you wish you hadn't made to say 'approved!' When I saw that his request was denied, my heart sank. He's been doing all the right things, with zoning preapproved and all; the whole community is rooting for him, and those I've talked too are in total shock, and sadness to learn about the decision- we're hoping our letters help you see it from our point of view. It's more then a drive by 'I can't see it being a store front' It's about helping our community stick together! it's about Page 101 doing what is fair for a man who has built a store, into a great place with so many offerings. This was his venture he started and grew from the bottom up, and he should get the opportunity to complete his journey he's worked SOOO hard on. I write you- begging from my whole family's heart, and friends from afar that come to visit- to reconsider allowing Darryl to continue his venture with the Newtonville General Store at it's new Location on Hwy 2 and all it has to offer- I can promise you that you will not be disappointed!! Thanks for your consideration! Angie & Michael Holliday 3554 Stewart Rd Newtonville L0A1J0 905.809.7919 Page 102 Newcastle Memorial Arena Management Board Municipality of Clarington Minutes of Ad-Hoc Meeting – Tuesday, June 22, 2021 (Via telephone conference - Not yet approved by committee) In Attendance – Dave Bouma - Chair Bryan Wiltshire – Arena Manager Shea-Lea Latchford, Gary Oliver, Todd Taylor, Jim Vison, Sue White, Councillor Margaret Zwart Regrets – Councillor Granville Anderson, Shane Armstrong 1. Motion #21-017 Moved by Sue White, seconded by Dave Bouma THAT: All non-ice rentals be increased by 5%, ice rates for NVMH and Clarington Girls Hockey be frozen and all other ice rentals be increased by 1.2% CARRIED Please Note: For Minor Hockey, this rate freeze is only applicable during the pre-booked allocated ice time slots. Any coach, parent or other booking ice on behalf of Minor Hockey outside this time slot, will be charged the 1.2% increase. These changes will be updated on our website and with the municipality. Page 103 Newcastle Memorial Arena Management Board Municipality of Clarington Minutes of Meeting – Tuesday, August 17, 2021 (Not yet approved by committee) In Attendance – Dave Bouma - Chair Bryan Wiltshire – Arena Manager , Shea-Lea Latchford, Gary Oliver, Todd Taylor, Jim Vison, Sue White Regrets – Shane Armstrong, Councillor Margaret Zwart Absent – Councillor Granville Anderson 1. Agenda - Motion #21-018 Moved by Todd Taylor, seconded by Gary Oliver THAT: The Agenda be accepted as proposed. CARRIED 2. Acceptance of Minutes - Motion #21-019 Moved by Sue White, seconded by Gary Oliver THAT: The minutes of June 8, 2021, and June 22, 2021 (Ad-Hoc) be approved. CARRIED Manager’s Report – Safety: COVID protocol retraining for all staff has been completed prior to opening. First Aid and Defibrillator training will be scheduled once all staff has returned. (before opening). Risk Management: An inspection will be scheduled with Sue White a week before opening. Rentals/Revenue: All user groups have confirmed they intend to return for the 2021 season. They have received the protocols for return to play and would like to return by mid to late September. Bryan is hoping to “startup” on August 25th (weather permitting). Repairs/Maintenance: The lower lobby lights have been replaced with LED lights which has improved the brightness and will add savings on our hydro bill. The chiller is complete with only a few minor items to be finished at start up. Berg will be preforming start up as per the warranty. The Municipality has assured Bryan that the trees along the fence line will be trimmed back and a clean-up within the next 2 (two) weeks. Page 104 2. Manager’s Report Continued Staff: Bryan has brought back two members of his team and the balance will follow once a start- up date is confirmed. OFRA Updates: The last update was in June and Bryan will continue to monitor. Other: Facebook has been updated and will have a calendar showing all the ice times once they are confirmed. The water heater was replaced on August 16th, louvre vents are still an outstanding item with the Municipality. The firebox was replaced when the new chiller was installed. 3. Financial Report Todd Taylor informed us the audit is complete. There was a discussion on some of the outstanding advertisement accounts which will be followed up at our next meeting. 4. Risk Management – A walk though will be scheduled shortly. 5. New Business – Building/Maintenance – The members of the committee each gave a “wish list” for improvements they would like to see completed during the refurbishing of the arena. Olympia – deferred to September’s meeting 6. Round Table – A round table discussion followed. 7. Adjournment – Motion #21-020 – Moved by Todd Taylor, seconded by Sue White THAT: The meeting be adjourned. CARRIED Next Board Meeting – Tuesday, September 14, 2021 Meeting adjourned at 8:40 p.m. Page 105 Page 106 Page 107 Page 108 Page 109 Page | 1 Clarington Diversity Advisory Committee Thursday, June 2, 2021, 7:00 PM – 9:00 PM Via Microsoft Teams If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131 Present: Sajida Kadri Meera McDonald Lyndsay Riddoch Rajeshwari Saharan Laila Shafi Yasmin Shafi Councillor Ron Hooper Also Present: Erica Mittag – Community Development Coordinator Brad Sensabaugh – HR Manager, Diversity & Inclusion, Public Speaker Regrets: Rachel Traore Dione Valentine The meeting called to order at 7:02 p.m. 1.Land Acknowledgement Statement Meera McDonald read the Land Acknowledgement Statement. A moment of silence was observed by meeting participants in recognition of the recent discoveries of mass graves at former residential schools across Canada, as well as for the Muslim family killed in a hate attack in London, Ontario. Councillor Hooper shared a message of support from Mayor Foster. 2.Review and Approval of Agenda Moved by Sajida Kadri, seconded by Lyndsay Riddoch. That the agenda of the June 22, 2021 meeting be approved. Carried 3.Review and Approval of Previous Meeting Minutes Moved by Laila Shafi, seconded by Yasmin Shafi. That the minutes of the meeting of May 27, 2021 be approved. Carried Page 110 Page | 2 4. Gender Diversity – Pronouns and Inclusive Language • Brad Sensabaugh, Public Speaker, HR Manager – Diversity and Inclusion joined the group to discuss the use of pronouns related to a proposed initiative and inclusive language. • Brad spoke to the group about the term 2SLGBTQ, it is progressive to lead with the Indigenous Two Spirit as the original keepers of this land. • There are various honorifics including Mr. Mrs. Ms. Mx (pronounced Mix), Dr. Prof. • Brad shared that honorifics could be eliminated wherever possible or included as optional for those who choose to include them. In speech, it is always best to use someone’s name. • Wherever possible, Brad suggested adding fields to capture preferred name (vs. legal name). A possible work around would be to use an individual’s first initial only. Look at your systems to develop a work around to legal name so that an individual’s preferred name is used / referenced. • Asking someone how they would like to be addressed is the most inclusive practice. “How would you like me to address you?” • If someone asks you to stop misgendering them, you must stop. If you make a mistake don’t dwell on it. “I’m sorry” and move on. Recover quickly. Don’t assume someone’s gender based on their physical characteristics (voice, appearance) • He recommends every workplace reviews their practices, facilities, gender markers to ensure they are inclusive. • Sharing pronouns is an inclusive language tool and is a signal to the broader queer community that you are inclusive. When you offer your pronouns, you invite others to share their own. • Have ambassadors and leaders to share the message and role model for your team. • Meera thanked Brad for his presentation and for the valuable insight he provided. 5. Outstanding Business Gender Pronoun and Inclusive Language recommendations Moved by Laila Shafi, seconded by Sajida Kadri. That Clarington’s Diversity Advisory Committee supports the Clarington Diversity and Inclusion Staff Team’s proposal of an optional gender pronoun initiative as an inclusive language tool for Clarington staff and Council where gender pronouns are shared in a variety of ways and is supported with training and education. This optional initiative should be reviewed after one year to assess utilisation and adoption. The Committee also supports the concept of an inclusive language resource for Clarington staff. Carried Page 111 Page | 3 Moved by Lyndsay Riddoch, seconded by Laila Shafi That Clarington’s Diversity Advisory Committee recommends that Clarington staff continue to investigate the use of honorifics in various situations and where possible include additional honorifics or make it an optional field. Carried Durham Regional Police Services – Community Safety Advisory Council Moved by Laila Shafi, seconded by Sajida Kadri That Clarington’s Diversity Advisory Committee and Anti-Black Racism Subcommittee accept a position for one of their members on the new Community Safety Advisory Council as proposed by Durham Regional Police Services and that this position apply through the advertised recruitment process. Carried Moved by Meera McDonald, seconded by Yasmin Shafi That Clarington’s Diversity Advisory Committee appoint one Committee Member to be a member of the Candidate Review & Selection Panel for the Durham Regional Police Services’ new Community Safety Advisory Council. Carried 6. Council and Community Updates Councillor Hooper shared: • June 24, 2021 – Roadmap to re-open Ontario Government moving to step 2 on Wed, June 30th, 2021. Moving into Step 2 ahead of expected as guided by health experts, 70% one dose of vaccine, and 20% second doses. • Durham Region Pfizer or Moderna 18 and up eligible for second dose as of June 21, 2021. Durham Region identified as Delta hotspot. Delay of Pfizer as of June 22, 2021 will be booked with Moderna. Shipment of Pfizer announced June 24, 2021. • Examine calls to action, staff will provide advice and steps to address legacy of Residential schools to advance reconciliation. Ratified July 5th, 2021 and consult with Indigenous Committees, and Diversity Municipality Advisory committees. • Rejigged funding application process for small businesses to apply for COVID relief funding. Erica Mittag shared: • Diversity Update Report went to General Government Committee on June 21, 2021 shared by Meera McDonald. Shared with Council, presented and approved. Livestream recording can be assessed through the Municipality of Clarington website. Page 112 Page | 4 • Community Funding Program for local not for profit, opening July 1 and closes August 31, 2021. National Indigenous Peoples Day takeover Facebook page for Municipality of Clarington shared updates and information, great level of engagement and well received collaboration • Participaction contest pits communities against each other to achieve movement by June 30, 2021. Clarington is in 28 place currently. 7. Update on Anti-Black Racism Subcommittee New Co-Chair • Rochelle Thomas was voted in as the Co-Chair of the Anti-Black Racism Subcommittee, along with Meera McDonald as Co-Chair. Congratulations Rochelle! Resident concern re: racism in the community • Councillor Anderson shared concern from resident in Port of Newcastle involving racism directed at the resident by an alleged member of the Port of Newcastle Neighbourhood Watch group. • Members felt it was courageous for the individual to share but very saddened that this incident occurred. Demonstrates need for diversity work to promote inclusion and support within our community. • Action items were recommended to Councillor Anderson and a recommendation was made to raise this concern to Durham Regional Police Services (DRPS) review the process for volunteer and training in selection and recruitment of members of this program. 8. Collaboration Initiative • Review of previous discussion to connect with partners and have Members reach out to community partners to build relationships and collaboration. • Meera will provide template introductory email and Erica will develop a one-page flyer to introduce the Committee and its work with potential partners. • Opportunities of partnerships or joint efforts for members to reach out and form new or build upon existing partnerships – Visual Arts Centre, PFLAG, Bowmanville Older Adults Association, local Indigenous groups and more. 9. Other Business Summer Meeting schedule • Members discussed the need to meet through the summer months. Action items and ongoing initiatives will continue throughout the summer and the Committee will meet again at their September meeting date; unless at the call of the Chair. Moved by Meera McDonald, seconded by Lyndsay Riddoch. That the meeting be adjourned. Page 113 Page | 5 Next meeting: Thursday, September 23, 2021 at 7:00 p.m. Virtually – via Microsoft Teams Page 114 Page | 1 Clarington Diversity Advisory Committee Thursday, September 2, 2021, 7:00 PM – 8:00 PM Via Microsoft Teams If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131 Present: Meera McDonald Lyndsay Riddoch Rachel Traore Rajeshwari Saharan Dione Valentine Yasmin Shafi Councillor Ron Hooper Also Present: Erica Mittag – Community Development Coordinator Regrets: Laila Shafi Sajida Kadri The meeting called to order at 7:05 p.m. 1. Land Acknowledgement Statemen Meera McDonald read the Land Acknowledgement Statement. 2. Declaration of Interest 3. Review and Approval of Agenda Moved by Yasmin Shafi, seconded by Lyndsay Riddoch That the Agenda for the meeting of September 2, 2021 be approved. Carried 4. National Day of Truth and Reconciliation Tonight’s special meeting request was extended to the Committee to review and vote on two motions to support the National Day of Truth and Reconciliation, September 30, 2021. The National Day for Truth and Reconciliation was announced in June 2021 by the Federal Government with respect to Call to Action #80 of the Truth and Reconciliation Commission recommendations on the legacy of residential schools. Page 115 Page | 2 The Committee reviewed a draft motion prepared by the Association for the Municipalities of Ontario for Municipalities to present to Council for approval. Moved by Meera McDonald, seconded by Yasmin Shafi THAT Clarington’s Diversity Advisory Committee supports the proposed motion as shared by the Association of Municipalities of Ontario and recommends that the Council of the Municipality of Clarington recognizes September 30, 2021 as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities. Carried The Committee discussed ways to recognize the National Day for Truth and Reconciliation. Erica will investigate these options and will share a recognition plan with the Members. Ideas to be considered include: o Share free online university course available o Virtual event – speakers o Encourage wearing Orange Shirts – suggest suppliers that give back to the Indigenous Community o Social Media Campaign o Discuss ways to recognize in a meaningful way with Bawaajigewin o Flag raising o Diversity Advisory Committee members – wear orange shirts Moved by Dione Valentine, seconded by Rajeshwari Saharan That Clarington’s Diversity Advisory Committee purchase Orange Shirts from a local Indigenous group to wear and show support of the National Day of Truth and Reconciliation (National Orange Shirt Day). Carried Notes: Suggestion to include Indigenous Cultural Awareness as part of Community/Board Orientation Erica to share video links from Durham College Indigenous Learning Recordings 5. Other Business No other business Moved by Meera McDonald, seconded by Lyndsay Riddoch Page 116 Page | 3 That the meeting be adjourned at 7:49 p.m. Next meeting: Thursday, September 23, 2021 Virtually – via Microsoft Teams Page 117 Agricultural Advisory Committee of Clarington July 8, 2021 Agricultural Advisory Committee of Clarington Meeting Thursday, July 8, 2021 Members Present: Eric Bowman Jenni Knox Don Rickard Tom Barrie Henry Zekveld Brenda Metcalf Ryan Cullen Richard Rekker Jordan McKay John Cartwright Councillor Zwart Regrets: Ben Eastman Staff: Amy Burke, Faye Langmaid, Cooper Howieson - Planning & Development Services Guests: Doran Hoge, Planning & Development Services; Brett Novak, Public Works Observers: Stacey Jibb, Planning & Economic Development, Region of Durham, Carolyn Puterbough, OMAFRA 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 None. Adoption of Agenda 021-016 Moved by Don Rickard, seconded by Tom Barrie That the Agenda for July 8, 2021 be adopted. Carried Approval of Minutes 021-017 Moved by John Cartwright, seconded by Brenda Metcalf That the minutes of the June 10, 2021 meeting be approved. Carried Page 118 Agricultural Advisory Committee of Clarington July 8, 2021 Presentation Doran Hoge, Planning & Development Services Department – Clarington Corporate Climate Change Action Plan: Doran Hoge provided a PowerPoint presentation as an overview of the Clarington Corporate Climate Action Plan. Doran explained that Council had approved the plan on March 1, 2021. He explained that Clarington is already seeing the effects of climate change and that the impacts are expected to continue. He described the process used to develop the actions and outlined the main goals of the plan. He provided the adaption and mitigation framework guiding the implementation of the plan. He described that 70% of municipal staff contributed to the plan and that the 199 risks were identified by staff. He outlined the risks and actions breakdown by municipal department and provided figures illustrating the Municipality’s contributors of greenhouse gas emissions (GHG) and energy consumers. Lastly, Doran outlined the monitoring and evaluation process and the next steps of implementation. Committee members asked how the effects of the plan are going to be measured and how we know that human activity is causing climate change. Doran responded that municipal building performance, damage and staff injuries will be tracked to assess changes, and that GHG emissions can be easily measured. Doran explained that we know climate change is being caused by humans and explained that atmospheric carbon levels have skyrocketed since the industrial revolution. He emphasized that the models used to develop the plan were scientifically rigorous. Regardless of the causes, we know that the climate is changing, and the goal of the plan is to adapt to these changes and mitigate the negative impacts. Lastly, regarding on-farm carbon sequestration opportunities, Doran noted it is something under investigation by Durham Region and others; specially how incentive structures could be developed. Brett Novak, Public Works Department – Update: Emerald Ash Borer - Tree Removal Rural Area Plan: Brett Novak provided a brief update on the ongoing Emerald Ash Borer and Rural Tree Removal. He said that they are moving out of the urban areas, as work there is complete, and are now prioritizing rural areas. He noted that more funding has been received this year through the budget for rural tree removal and they have allocated more areas for removal. They have completed work in North Courtice and are currently working with purchasing to put out a tender for the new work. He outlined that Public Works will continue to work on the removals. The Committee inquired about what happens to the removed trees and if there was a publicly available list of roads where trees are to be removed and the timeframe. Brett responded that residents where trees were removed have first come first serve to the trees but that the remaining are chipped and used for municipal operations. Brett described that trees are tracked within an ArcGIS application, which currently includes approximately 1500 trees requiring removal. The public can contact Public Works at operations@clarington.net or 905-263-2291 to enquire about specific trees and locations. A committee member raised the issue of gypsy moths and how it is affecting vegetation. Once the foliage of treed areas on farm properties are consumed, the caterpillars are migrating to feed on and damage farm crops. It was also mentioned that Belleville has Page 119 Agricultural Advisory Committee of Clarington July 8, 2021 a public surveillance program in place to track effected areas and spread and questioned whether Clarington has considered something similar. Brett responded that the department has not received many calls concerning gypsy moths and has no program in place but will potentially look into it. Faye Langmaid described that the Ganaraska Region Conservation Authority is monitoring gypsy moths within areas under their regulation, as are other CAs. In surrounding municipalities there have been sprays undertaken to address the larva. Delegations None Business Arising from Minutes Official Plan Amendment 127 (Special Study Area 2): On June 14, 2021, Council approved the deletion of Special Study Area 2 from the Official Plan. The appeal period expired on June 22, 2021. No appeals were received. The decision of Council is now final. Municipal Economic Development Services: Staff updated the Committee on the outcome of Council’s consideration of CAO-003-21 Economic Development Services in Clarington and the decision of Council. Greenbelt Foundation Study on Municipal Capacity to Support Agriculture: This study was originally introduced to the Committee by Kathy Macpherson of the Greenbelt Foundation at the May 2020 Committee meeting. The complete study report is now available at https://www.greenbelt.ca/municipal_capacity. The report identifies 10 opportunities to build the capacity of planners, economic developers, elected officials, and other municipal and provincial staff to support agriculture. Municipal Staff are reviewing the findings. Correspondence, Council Items and Referrals Recreation Vehicle and Trailer Storage Study: A copy of Resolution #PD-207-21 was circulated to the Committee in advance of the meeting. Staff provided an overview of the background and recommendations approved by Council from the Recreation Vehicle and Trailer Storage Study. Specifically, the topic of On-Farm Diversified Uses and guidelines for such uses has been referred to the Committee for their input. Staff will prepare a draft set of guidelines for review and discussion with the Committee at a future meeting. The materials previously reviewed by the Committee when providing input on On-farm Diversified Uses in 2017 for the comprehensive zoning by-law project will be recirculated to Committee members by Staff. An On-farm Diversified Use does not have to relate to the primary agricultural operation, but it must be secondary and of limited scale. Nutrient Management Act Regulation – On-farm RNG Production: The Province has announced regulatory changes under the Nutrient Management Act that will enable new on-farm biogas systems and expansion of existing systems to be approved more readily. The Province indicates the changes will provide greater opportunity for farmers Page 120 Agricultural Advisory Committee of Clarington July 8, 2021 to use on-farm materials as well as other types of off-farm food and organic waste materials in on-farm regulated anaerobic digestion facilities. A significant uptake locally of the opportunities brought by these regulations was not anticipated at this time due to the scale of operation that is needed for a viable business case. Liaison Reports Durham Agriculture Advisory Committee: No update. Next meeting is Sept. 14, 2021. Durham Region Federation of Agriculture: Richard Rekker provided an update from the July 6 DRFA meeting. The meeting focused on providing comments and input on the Envision Durham Proposed Policy Directions, specifically the Thriving Rural System policies. DRFA strongly supports promoting a full range of agriculture, agriculture- related and on-farm diversified uses, and encourages more flexibility on the property size limitations for on-farm diversified uses. Durham Farm Connections: Brenda Metcalf relayed that virtual platforms for educating and information sharing continue to be developed. The Celebrate Agricultural Gala takes place virtually on October 28. Nominations for Celebrate Agriculture Awards continue to be accepted. Contact DFC to sponsor or donate to the virtual auction that is planned to coincide with the Gala event. Clarington Board of Trade: Jenni Knox indicated that virtual events hosted by CBOT are continuing. CBOT has partnered with the Province, the Ontario Chamber of Commerce and the Municipality to distribute approximately 15,000 rapid testing kits to small and medium sized business, helping them to reopen safely. Visit www.cbot.ca/rapidscreening for more information including how business can sign up for the program. New Business None. Next Meeting Thursday, August 26, 2021 @ 7:30 pm (Virtual Meeting) Page 121 Subject to Advisory Committee Approval Agricultural Advisory Committee of Clarington August 26, 2021 Agricultural Advisory Committee of Clarington Meeting Thursday, August 26, 2021 Members Present: Eric Bowman Don Rickard Henry Zekveld Brenda Metcalf Jordan McKay John Cartwright Councillor Zwart Regrets: Ben Eastman, Tom Barrie, Jenni Knox, Ryan Cullen, Richard Rekker Staff: Amy Burke, Faye Langmaid, Cooper Howieson - Planning & Development Services Guests: None Observers: Mayor Foster, 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 None Adoption of Agenda 021-018 Moved by Don Rickard, seconded by Brenda Metcalf That the Agenda for August 26, 2021 be adopted. Carried Approval of Minutes 021-019 Moved by John Cartwright, seconded by Councillor Zwart That the minutes of the July 8, 2021 meeting be approved. Carried Page 122 Subject to Advisory Committee Approval Agricultural Advisory Committee of Clarington August 26, 2021 Presentation None Delegations None Business Arising from Minutes Recreational Vehicle and Trailer Storage Study: Resolution #PD-207-21 directed that the topic of On-Farm Diversified Uses and guidelines for such uses be referred to the AACC for input. The materials previously reviewed by the Committee when providing input on On-farm Diversified Uses in 2017 for the comprehensive zoning by- law project were recirculated to Committee prior to the meeting. An initial discussion occurred, as reported under New Business. Celebrate Agriculture Awards – 2021 Nominations: The Durham Farm Connections Celebrate Agricultural Awards – 2021 nomination form is now available. Nominations must be submitted to info@durhamfarmconnections.ca by September 30, 2021. Correspondence, Council Items and Referrals Clarington Customer Service Review: The Municipality is looking at customer service across the entire organization to see what we are doing right and identify any areas where we can make improvements to streamline the way we interact with our residents. The goal of this exercise is to gain a better understanding of the customer journey and ensure that Staff and resources are best positioned to effectively deliver top-notch services. Over the summer, Committee members were invited to participate in a survey and focus group. A report on the outcomes and recommendations will be brought to Council early fall. Update – Comprehensive Zoning By-law Review Project (Zone Clarington): As an Interested Party for this project, the Committee was sent a project update circulated on August 4, 2021. The update informed the Committee that the next scheduled report to Council on Zone Clarington, which will include a revised new draft zoning by-law for the rural area, will occur late fall. It also advised that an Official Plan and Zoning By-law amendments to update policy and provisions relating to additional dwelling units are advancing separate from the Zone Clarington project. A Statutory Public meeting on the proposed amendments to increase permissions for additional dwelling units will be held at the Joint Committee of Council meeting on September 13, 2021 at 9:30am. For additional information, including how to speak at the public meeting, visit the Additional Dwelling Units webpage. Regional Agricultural Action Plan: An invitation was received for the Committee Chair / a member of the Committee to provide early feedback on a preliminary draft of the Region’s new revised Agricultural Action Plan (formerly known as the Agricultural Strategy). Any interested Committee Members should contact Allison Brown (allison.brown@durham.ca) or Stacey Jibb (stacey.jibb@durham.ca) immediately. The Page 123 Subject to Advisory Committee Approval Agricultural Advisory Committee of Clarington August 26, 2021 draft Regional Agricultural Action Plan will be broadly circulated for public comment this fall and will include a future presentation to this Committee. Food System Report Card Roundtable: An invitation to participate in a roundtable to discuss the development of a Food System Report Card for Durham Region was extended to the Committee. The Roundtable is being organized by the Durham Food Policy Council and is scheduled for September 22, 9:00 – 11:00am. Staff were requested to gather more information on the Durham Food Policy Council for circulation to the Committee. Liaison Reports Durham Agriculture Advisory Committee: No update. Next meeting is Sept. 14, 2021. Durham Region Federation of Agriculture: No update. Durham Farm Connections: The Barn Quilt Trail, a self-guided tourism initiative that will cross Durham Region, will proceed. Facebook Live farm tours continue. The 2021 virtual Celebrate Agricultural Gala will be held October 28. The Gala will include an online silent auction, running from October 25 to November 1, and pre-ordered appetizers and beverages prepared locally. Contact DFC (info@durhamfarmconnections.ca) to sponsor or donate to the virtual auction. Clarington Board of Trade: No update. New Business On-Farm Diversified Uses – Policy, Regulation and Guidance: An overview of the Committee’s past involvement in providing input and feedback on matters relating to on- farm diversified uses (OFDU), current provincial, regional and local policy direction for OFDUs, and the proposed approach for the regulation of OFDU in the first draft zoning by-law released in November 2018 was provided. Staff informed the Committee that the next draft of a new zoning by-law for Clarington (rural area only) will refine the OFDU-related regulations and definitions proposed in the first draft zoning by-law released in November 2018. These refinements are based on consideration of Committee and public comments in response to the first draft zoning by-law and Council’s separate consideration of the regulation of on-farm event venues. Staff explained that since the release of the first draft zoning by-law, other municipalities have released their own zoning approaches, with varying approaches to permitting OFDU as of right (i.e. without requiring a zoning by-law amendment). One example provided was Brant County. Staff also explained that the province has recently been clearer on their position that an OFDU can include uses that are non-agricultural, provided they meet the criteria set out for OFDU. Clarington’s Official Plan (OP) permits OFDUs and builds further upon the guidance provided by the province. However, the Clarington Official Plan must be consistent with the Regional OP, which currently only contemplates OFDUs where they Page 124 Subject to Advisory Committee Approval Agricultural Advisory Committee of Clarington August 26, 2021 are directly related or devoted to the farm operation. As such, OFDUs which are not intrinsically tied to agriculture are not currently contemplated. The recent proposed policy directions released by the Region of Durham acknowledge that Regional OP policy changes are warranted to broaden goals and policies that discourage non- agricultural uses in prime agricultural areas. The Committee discussed the principal of OFDUs being secondary to the primary agricultural use of the property and how “secondary” is defined. Provincial guidance relates the definition of “secondary” primarily to the OFDU being limited in area. The Committee considered comments that have been heard that a financial comparison of revenue from agriculture versus OFDU activities should be considered. Concerns with this approach include the unavailability of accurate financial records for a business that has not yet gotten off the ground, a perception of being unfairly punished for achieving success in another area of business, and the approach being a barrier to getting people out to farms and increasing awareness, understanding and appreciation of agriculture. Staff are seeking feedback from the Committee relating to OFDU relating to the potential opportunities and concerns from the agricultural sector’s perspective on a broader approach to permitting OFDU than was proposed in the first draft zoning by- law; ii) considerations for permitting non-agricultural uses as OFDUs; and iii) guidance / tools to support farms planning for OFDUs. The Committee will strike a sub-committee to resume more in-depth discussions about OFDU policy, regulation, and guidance. Staff will work with the Committee Chair to finalize sub-committee participants and schedule an initial meeting(s) this fall. A resource package summarizing other, more recent, municipal approaches to regulating OFDU will be prepared by Staff and circulated to the sub-committee to inform the initial discussions. The Committee will extend an invitation to Clarington’s MPPs (or their staff representatives) to participate in the sub-committee meetings. Next Meeting Thursday, October 14, 2021 @ 7:30 pm (Virtual Meeting) Page 125 Meeting: Active Transportation and Safe Roads Advisory Committee Date: July 8, 2021 Time: 7:00 pm Location: Microsoft Teams Meeting Minutes Draft minutes not yet approved by Committee Present: Rick Stockman, Jim Boate, Bart Hawkins Kreps, Phil Haylock, Connor Houston, Connie Kobelka, Belva Lukacsovics, Arnold Mostert, Richard Oldfield, Jeanne Winters, Kim Maxwell, Councillor Joe Neal Councillor Janice Jones Regrets: Robert Brezina, Kristin Bullied Staff Present: Lisa Backus, Monika Bradshaw, Steven Chorkawy, Andrew Johnson, Slav Potrykus, Carlos Salazar, 1. Agenda Moved by Jim Boate seconded by Bart Hawkins Carried 2. Minutes of April 7, 2021 Moved by Bart Hawkins seconded by Connor Houston Carried 3. Delegation 3.1. Courtice Trails, Rail Underpass and 401 crossing - Councillor Joe Neal presented to the committee his views on the need for north-south trail linkage(s) in Courtice to the Waterfront Trail. It was noted that there is no suitable trail crossing at highway 401 or the CP rail corridor locations to connect Bloor St. to the Waterfront Trail. Counsellor Neal suggested Prestonvale Road west side as a location for a dedicated multi-use-trail (MUT). Discussions ensued amongst the committee with suggestions on Page 126 various connection locations and methods, ie. Bridges vs tunnels and Prestonvale Road vs Trulls Road. It was noted that the only link to the WFT is via Courtice Road which does not accommodate for a MUT at the recently constructed Highway 401 crossing. Counsellor Neal suggested that the Courtice active transportation network be treated as a special study area. Carlos Salazar informed the committee that the municipality is working with the development group to incorporate the transportation master plan as part of the secondary plan process. Lisa Backus is coordinating this exercise and will have a draft of the plan by the end of the summer for review by the committee. 4. Discussion Items 4.1. Document sharing and collaboration in MS Teams The IT Department suggested to use Sharepoint where all documents can be stored and retrieved if needed. It is a clean solution, and everyone can log in at their convenience. IT Department is to come up with a tutorial and circulate it to all the members on how this program works. 4.2. Meeting Duration Suggestions were made in the past to end the meetings by 9pm. It has been agreed by the committee that all future meeting will be held to 2 hours in duration and if any items on the agenda have not been covered, they will get passed on to the next meeting, requiring agenda items to be prioritized. 4.3. Clarington Staff Update Rhonda Park trail has been re-routed away from the play area and staff will monitor pedestrian traffic in the intersection to inform any future need for traffic controls later on. The Bowmanville Valley Trail work is substantially complete with the installation of debris nets by CN and flashing beacon with solar panels yet to be installed. It is anticipated that these works will be completed within the next 3-4 weeks. No official opening and no dates have been scheduled as of yet. 4.4. Bowmanville Creek Trail Extension - Opening Celebration Committee members are in support of an opening celebration to be held during Bike Month in 2022. Jeanne Winters volunteered to chair a sub- committee with, Jim Boate, Bart Hawkins and Kim Maxwell who is the treasurer of Valleys 2000, volunteering to be on the sub-committee. Rick Stockman will also volunteer to assist as his schedule permits. It was also suggested to reach out to clubs to participate in the events. Page 127 4.5. Priority Setting Suggested that safety of the roads leading from our homes to the trails within Clarington should also be included in the committees’ priorities. Planning staff informed the committee that the municipality is developing a trail plan that will be completed in late summer and perhaps a special meeting is warranted for staff to present the plan. Suggested that for heavily used trails there should be a list kept of safety issues which will require attention, and this list could be kept on the central SharePoint site. 4.6. Bike Friendly Community Application Jim Boate informed the committee that he assisted the Town of Whitby on their audit for the Share the Road (STR) Program and suggested that the Whitby contact be invited to assist with a pre-audit to determine the feasibility of Clarington’s application, and also will reach out to Bruce McDonald in Whitby to attend the next ATSR committee meeting to inform the committee on Whitby’s experience. Connor Houston informed the committee that there is a Bike Friendly Community (BFC) meeting being held on July 15 th and will forward on the link to the meeting to committee members. He also presented a graphic of the ‘Buckets’ used by BFC to organize background information into 4 categories of Engineering, Education, Encouragement and Evaluation & Planning, and will share this information with the committee. Connor also noted that many other groups participate in the process including schools, police etc. 4.7. Signage – Sub Committee Report Jim boat and Bart Hawkins presented their report on Signage noting that welcome cyclist signs have been installed several years ago and some are now in need of replacement and updates with current and new information such as: trail etiquette, safety information, and reinforcement on how to use trails safely. Peterborough and Oshawa trail signs were identified as good examples of the types of signs to be created. Safety concerns were discussed with comments regarding sight lines and vegetation overgrowth and clearing. Public Works staff noted that the municipality does what they can to maintain trails but do not have the equipment or resources available for full time trail works. The municipality relies on the cycling community to inform on safety issues that require attention by staff. Page 128 Previous municipal staff member, Peter Windolf, was contacted in the past with any maintenance concerns and that a trail audit performed twice annually would be beneficial in the ongoing maintenance requirements. Other safety measures discussed were the incorporation of flashing lights, and cautionary pavement markings, as well as incorporating signage showing where you are located and how to get from where you are to other locations. Signage commonalities were also suggested throughout Clarington. They are in Durham, but currently not in all areas of Clarington. It was noted that the WFT signs were recently replaced and are now consistent for its entirety. Suggested that staff analyze signage in other municipalities to help develop a cohesive sign program and municipal funds be used to supply the signs. Committee member inquired as to what budget is available for signage and next steps for the signage report. Next steps will be discussed at the next meeting. 4.8. Durham Region Active Transportation Update Connie Cobelka provided an update on the region’s Cycling Plan, noting it is now online for everyone to access. The E-mobility bylaw is ongoing and will address the use of E-bikes. A link for the plan will be forwarded for everyone for viewing. 4.9. West Beach Road Deferred until the next meeting as there is a lot of information to review and discuss. 5. Other Business 5.1. Connor Houston introduced an app called Strava which is used by active transportation users for information on trail system traffic, demographics etc. Data is collected by the app which can be used to illustrate usage etc over specific timeframes i.e. monthly or annually. 5.2. The Committee Chair recognized Melissa Claxton-Oldfield, who has left the committee, with a big thank you for her efforts on the committee. 6. Next Meeting 6.1. The next regular meeting is to be determined . 7. Adjournment Page 129 7.1. Moved by Jim Boate seconded by Richard Oldfield. That the meeting adjourned at 9:01 PM Carried Page 130 Clarington Heritage Committee Minutes July 20, 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 July 20, 2021, at 7:00 PM. Members Present were: Peter Vogel, Victor Suppan, David Reesor (until 9:00pm), , Steve Conway, Katharine Warren (Museum) (until 9:00pm), Councillor Ron Hooper, Heather Graham, Ron Sproule, Noel Gamble Regrets: Bob Malone (NVDHS), Myno Van Dyke (NVDHS), Jason Moore (ACO), Staff Present: Faye Langmaid, Ryan Windle, Sarah Allin, Planning and Development Services Guests: Alfred Massardo, Liza Maw (4478 Highway 115/35) 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 21.32 Moved by V. Suppan, seconded by K. Warren That the Agenda be adopted, as amended, with the addition of the report on the site visit at 1697 Highway 2, Courtice under Project Reports. “Carried” 4 Adoption of Minutes of Previous Meeting 21.33 By Consensus That the minutes of the June 15, 2021 Clarington Heritage Committee meeting be adopted, with the clarification in Item 6.2 that it was Mrs. Massardo who was in favour of the designation of the property at 4478 Highway 115/35. “Carried” 5 Delegations/Presentations: 5.1 Alfred Massardo and Liza Maw Re: Request to Repeal Designation By-law for 4478 Highway 115/35 L. Maw provided a presentation which included family background, the history of Mrs. Massardo’s involvement in the designation of the property in 1997, previous request and discussion on repealing the designation in 2008, and an overview of the maintenance and updates that have been undertaken to keep the home in good condition. Ms. Maw presented documents from insurance companies Page 131 Clarington Heritage Committee Minutes July 20, 2021 *Subject to Advisory Committee Approval* - 2 - illustrating increasing property insurance premiums, and responses indicating coverage for heritage homes was not available. Ms. Maw indicated they are working with an insurance broker to find suitable insurance. Ms. Maw noted the option to place a property on the Municipal Register as a non-designated property was not available in 1997 when 4478 Highway 115/35 was designated and should be considered for the property today. This would alleviate the challenges they are having with property insurance. Ms. Maw expressed frustration in being caught between the designation by-law and the insurance companies, and that the repeal process is difficult. Committee members expressed concern about repealing a designation by-law as a result of property insurance challenges, when the significant heritage attributes identified in the by-law remain valid. The designation of a building is not undertaken lightly and requires evaluation to establish cultural heritage value and interest that is to be protected for generations. The same rigor is expected and required of the repeal process. Committee members inquired as to whether the property owners have contacted their provincial and federal representatives regarding the challenges they are having with insurance. Ms. Maw indicated she has contacted multiple insurance companies, is working with an insurance broker, has had a conversation with a representative of the Insurance Bureau of Canada, and has reached out to members of Provincial parliament. However, the concern is that they will not be able to address the broader issue of insuring designated heritage properties before the current property insurance policy expires in September. There appears to be many misconceptions about requirements for the replacement of heritage buildings and attributes among insurance companies and the public. The Ontario Heritage Act does not require the replacement in like kind and quality of heritage buildings or attributes that have been lost due to forces beyond the property owner’s control. If property owners or insurance companies require such replacement, it is not because of requirements of the designation by-law. Committee members sympathized and acknowledged the property owners have a legitimate complaint that the insurance companies appear to be using heritage designation as a reason not to provide insurance or provide coverage at premiums that are higher as a result of the designation. However, the Heritage Committee’s mandate is to address the conservation of local cultural heritage resources not property insurance. Committee members recognized and examined the cultural heritage value to be 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. A recommendation to repeal a designation by-law only based on the cost of property insurance would undermine the good work the Heritage Committee and Council have done over the years to conserve Clarington’s cultural heritage. Page 132 Clarington Heritage Committee Minutes July 20, 2021 *Subject to Advisory Committee Approval* - 3 - Councillor Hooper advised that Council passed a resolution #PD-211-21 at its July 5, 2021 meeting requesting that: 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. Council has proactively sent out the resolution to Premier Ford, Members of Provincial Parliament, and the Association of Municipalities of Ontario. Staff provided an overview of the limited number of similar requests to repeal in other municipalities (a request had been sent through the heritage planners network). There are a few repeal requests based on property insurance in Ontario. Generally, staff at municipalities where similar requests have been made, have recommended the designation be retained where there the cultural heritage value or interest is intact. To date, the Conservation Review Board recommendations generally support the same. Council decisions in such instances vary, in some cases Councils opted to repeal the designation in consideration of all variables. Committee members indicated their understanding that property insurance premiums and coverage is complex and is informed by a great number of factors, of which heritage designation is only one. There may be other factors contributing to the high cost of insuring the subject property that could be addressed with an insurance company willing to insure heritage homes. The Committee indicated it could pass along contacts of insurance companies that the property owner could contact, should they wish. Committee members thanked the delegate for the presentation and indicated it may be helpful to provide the same to Council for its consideration. Council has the authority to consider a greater range of variables. Consideration could also be given to providing the information to the appropriate authorities regulating the property insurance industry. 6 Business Arising 6.1 4478 Highway 115/35 Request to Repeal Committee members consider the June 15, 2021 motion 21.28 on this matter to still be valid, based on the advisory role of the Heritage Committee. The significant attributes of the property are intact, the Committee noted the property has cultural heritage significance and the designation By-law 97-17 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 remain outside the scope of the CHC to Page 133 Clarington Heritage Committee Minutes July 20, 2021 *Subject to Advisory Committee Approval* - 4 - address. Committee members noted Council may have the mandate to consider such external factors as part of its decision. Some members are opposed to the downgrading of the subject property to a non- designated property on the Municipal Register. Staff has been requested to confirm that the applicable Ontario Heritage Act legislation provides Council the authority to demote the property to a non-designated property on the Register. Staff will confirm with the Municipal Solicitor prior to Sept 13th Joint Committee Meeting. Committee members acknowledged the practices of insurance companies are those of a business industry. This matter of the challenges of insuring heritage properties has been around for some time and tends to be exacerbated by certain economic conditions. The Committee discussed providing a letter supporting the Council resolution and it be forwarded to higher levels of government requesting recipients address these challenges to ensure continued support for the conservation of Ontario’s significant cultural heritage. The insurance matter is one that the Province should address as the regulator of the insurance industry. 21.34 Moved by K. Warren, seconded by R. Hooper “That a) staff draft a letter on behalf of the CHC draft a letter (i) in support of Council’s July 5, 2021 Resolution #PD-211-21 regarding Insurance for Heritage Properties (ii) that outlines that the current policies and practices of the insurance companies as applied to designated properties are problematic, causing apparent difficulty for designated property owners who are stewards of Ontario’s cultural heritage (iii) requesting urgent action be undertaken by senior levels of government to align the regulations governing insurance providers with the requirements of the Ontario Heritage Act in order to see this issue addressed so that insurance companies’ business practices provide fair opportunity for designated heritage properties; b) the letter be circulated to appropriate authorities including, but not limited to, the Honourable Doug Ford, Premier of Ontario, local Members of Parliament, local Members of Provincial Parliament, the Insurance Bureau of Canada, the Ministry of Heritage, Tourism, Sport, and Cultural Industries, the Minister of Finance, the Financial Services Regulatory Authority, the Federal Office of the Superintendent of Financial Institutions, and Durham Region Heritage Committees; and c) the letter be drafted by July 30th in recognition of the urgency of this matter.” “Carried” Councillor Hooper thanked the Committee and delegates for the discussion and input on this matter during this special summer meeting of the Heritage Committee. A copy of the letter sent by the Heritage Committee on this matter is attached to these Minutes. Page 134 Clarington Heritage Committee Minutes July 20, 2021 *Subject to Advisory Committee Approval* - 5 - 7 Correspondence and Council Referrals: None 8 Reports from other Committees: None 9 Project Reports 9.1 Municipal Inventory/Register: 1697 Highway 2, Courtice (Gay Family Dwelling): The subcommittee undertook a site visit July 14th to determine whether any materials from the dwelling should be salvaged for commemorative purposes prior to the demolition of the building. The recommendation to salvage original bricks for use in a commemorative cairn has been provided to staff for consideration. 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. 10 New Business: None Adjournment: 9:15 p.m. Next Meeting: September 21, 2021, 7:00 p.m. Page 135 Clarington Accessibility Advisory Committee Minutes for the meeting of May 5, 2021 6:30 p.m. Via Microsoft Teams If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Present: Shea-Lea Latchford, Chair Sylvia Jaspers-Fayer, Vice-Chair Pinder DaSilva Deb Kalogris Marina Ross Sarah Taylor Tim Van Leeuwen Sarah McConaghy Catherine McConaghy Councillor Janice Jones Also Present: Jeannette Whynot, Accessibility Coordinator George Acorn, Director, Community Services Regrets: None 1. Call to order The meeting was called to order at 6:31 p.m. 2. Review of Previous Meeting Minutes Moved by Marina Ross; seconded by Sarah Taylor That the minutes of the meeting of March 5, 2021 be a pproved. Carried 3. Presentation George Acorn, Director of Community Services George thanked the Committee for giving him the opportunity to attend and speak. It was explained that 2021 is going to be a large year for accessibility in programs, facilities and services; specifically working on the Universal Design Standards which has full support of the Corporation and Council. Page 136 Clarington Accessibility Advisory Committee Meeting Minutes – May 5, 2021 Page 2 of 3 With the recent re-organization in Clarington, in addition to adding Jeannette’s position to Community Services, Building Services was also moved. Strategically this will help move many projects forward, with better collaboration, because they are under the same department now. George briefly spoke about the Municipality participating in the LEAD process with the Abilities Centre and how they recently completed two half-day facilitations. There was great representation from staff, Council and community members. Some other interesting pieces that the AAC will eventually hear more about: A n accessibility improvement plan for Orono Public Library and 156 Church Street. For the Church street location looking at changing grades around the building, and putting in an elevator to ensure accessibility. No confirmed tenant yet, but hopefully the renovations at 156 Church will be completed by the e nd of the year. Finally, George advised that next week he’ll be bringing a report forward to Council on building a new recreation facility in Bowmanville. Not sure where it will be built or the timelines yet but there will definitely be a focus on universal and inclusive design. Moved by Sylvia Jaspers-Fayer, seconded by Marina Ross That the presentation by George Acorn be received for information Carried 4. Declaration of Interest Information Jeannette Whynot advised the Committee the moving forward there will be a declaration of interest on the Committee’s agenda. It will provide members with an opportunity to declare interest in anything on the agenda. Members were advised to revisit their welcome package for more information on what constitutes a declara tion of interest. Additionally, members can speak with Jeannette directly if they have questions or concerns. 5. Business Arising from Previous Meeting Minutes 5.1 Update on National AccessAbility Week For staff, there will be two lunch and learns through the week. There will also be two staff engagement questions and participating in Easter Seals Red Shirt Day. Engagement questions will ask staff to think about accessibility and what they can do in their everyday lives to move it forward. Throughout the week there will be social media posts and re/posts from other organizations who are sharing information related to AccessAbility Week. Page 137 Clarington Accessibility Advisory Committee Meeting Minutes – May 5, 2021 Page 3 of 3 The Mayor has issued a proclamation for the week and there will be a flag raising. Due to Covid-19 there will be no flag raising ceremony this year. Wednesday June 2 there will be a small ribbon cutting for the newly-renovated Orono Town Hall. It will be video tapped and then shared online later in the day. Jeannette Whynot suggested that the Committee may wish to give a delegation to Council at the May 31 General Government and Committee meeting as it nicely coincides with the start of AccessAbility Week. Sarah Taylor expressed interest in presenting on behalf of the Committee but would confirm with Jeannette later in the week. If Sarah is unable to present, the Committee asked Jeannette to present on their behalf. 5.2 Mobility Device Charging Stations – Update This project was on the front page of Clarington News. Has generated a lot of interest now from others Rouge National Park, Pickering Accessibility Advisory Committee and others. The article featured a comment from Jim McEwan who also emailed Mayor Foster. His concern is the use of interlocking pavers because they pose an accessibility barrier for people with mobility devices or other physical disabilities. His email requested that the Municipality consider banning their use in developments. When reviewing site plan applications, the Accessibility Committee has always encouraged builders to use more asphalt paving and use the pavers more for decorative reasons. However, there is no obligation for builders to incorporate the Committee’s feedback. Sarah Taylor asked if this could be an opportunity for AAC to use social media, newspapers to educate the public on the importance of not having pavers for accessibility reasons. After a brief discussion, the Committee decided to defer discussion to next meeting to have a more fulsome conversation. Jeannette Whynot will discuss the matter with Planning staff and bring more information to the June meeting. 5.3 Update on Newcastle accessible parking Jeannette advised the Committee that due to the close proximity to the corner the proposed location of the accessible parking space was causing safety concerns. It will be pushed slightly further West so it is further away from the intersection, making it safer. It will be closer to Newcastle Town Hall. The BIA will lose two regular on-street spaces but will gain one (safe) on-street accessible space. 5.4 LEAD Process Update Pinder DaSilva provided the Committee with an update on this project. It took place approximately 2 weeks ago. There was an excellent turn out from staff, Council, and Page 138 Clarington Accessibility Advisory Committee Meeting Minutes – May 5, 2021 Page 4 of 3 Community members. Everyone was fully engaged throughout the process and provided great information/feedback. Next steps – Abilities Centre staff are working on building out the improvement plan and identifying key themes. This will be presented back to organizing team at Clarington for preliminary review. Sarah Taylor represented the Committee during the LEAD process as a community rep and stated she thoroughly enjoyed the experience and was happy to see the diverse perspectives and views. 6. New Business Jeannette Whynot requested that members consider nominations for this year’s accessibility awards. We will be discussing them at the next meeting. Jeannette provided an overview of a grant application the Municipality is looking to submit to hire a youth with a disability. The position would be an Inclusion Counselor Assistant and would be funded through the Canada Parks and Recreation Youth Employment Experience Grant. It would be an excellent opportunity and the Municipality would be partnering with Participation House and the Abilities Centre to hire and train the individual. Moved by Pinder DaSilva, Seconded by Marina Ross, That the Clarington Accessibility Advisory Committee supports the Municipality of Clarington’s application to Canada Parks and Rec Youth Employment Experience Grant; That the Accessibility Coordinator prepare a letter of support on behalf of the Committee. Carried 7. Adjournment Moved by Deb Kalogris; seconded by Tim Van Leeuwen That the meeting be adjourned. Carried The meeting was adjourned at 7:25pm Page 139 Clarington Accessibility Advisory Committee Meeting Minutes – May 5, 2021 Page 5 of 3 Next meeting Wednesday, September 8, 2021 at 6:30 p.m. Via Microsoft Teams Page 140 Clarington Accessibility Advisory Committee Minutes for the meeting of June 2, 2021 6:30 p.m. Via Microsoft Teams If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Present: Shea-Lea Latchford, Chair Deb Kalogris Marina Ross Sarah Taylor Tim Van Leeuwen Sarah McConaghy Catherine McConaghy Councillor Janice Jones Also Present: Jeannette Whynot, Accessibility Coordinator Erica Mittag, Community Development Coordinator Regrets: Pinder DaSilva Sylvia Jaspers-Fayer 1. Call to order The meeting was called to order at 6:32 p.m. 2. Declaration of Interest None 3. Review of Previous Meeting Minutes Moved by Sarah Taylor; seconded by Marina Ross That the minutes of the meeting of May 5, 2021 be approved. Carried 4. Presentation Clarington’s Land Acknowledgement Statement by Erica Mittag, Community Development Coordinator Page 141 Clarington Accessibility Advisory Committee Meeting Minutes – June 2, 2021 Page 2 of 3 Erica presented information about Clarington’s Land Acknowledgement Statement, which is to be said before official meetings, including future Accessibility Advisory Committee meetings. Inspired by the Truth and Reconciliation recommendations, the statement is a step forward in the reconciliation process. Erica reviewed the process taken to create the statement, which included reviewing best practices, staff consultation, consulting the Diversity and Inclusion Advisory Committee and most importantly working with the local Indigenous community. This presentation was received for information. 5. Business Arising from Previous Meeting Minutes 5.1 Use of Pavers in Development Projects Jeannette spoke about working with the Planning Department about the issues regarding using pavers in development projects. There is no update at this time because more research must be done to see what other Municipalities are doing. There will be an update/presentation at the September meeting. 5.2 Accessibility Award Nominations Nominations for the 2021 accessibility award are due in the summer. Marina Ross suggested Service Ontario Bowmanville because they changed their location within the building making it more accessible. Committee members indicated that because of the pandemic, they have been staying home and don’t have much to go off this year because of limited community exposure. Jeannette will connect with the Committee over the summer to gather more suggestions. 6. New Business 6.1 September 2021 Meeting The Committee is slated to meet on September 1st, which is before the long weekend. Jeannette asked if the Committee would like to push the meeting back one week, to September 8th, so it falls after the long weekend and summer holidays. The Committee mutually agreed that moving the meeting to September 8th was acceptable. Page 142 Clarington Accessibility Advisory Committee Meeting Minutes – June 2, 2021 Page 3 of 3 6.2 Lakeridge Health: Inclusion, Diversity, Equity and Accessibility (IDEA) Committee Jeannette explained what the IDEA Committee is and their goals for improving diversity, inclusion, equity, and accessibility throughout the Lakeridge Health system. To this end, the Accessibility Committee is invited to join a focus group to help the IDEA Community better understand community needs. Deb, Shea-Lea and Sarah Taylor expressed interest in participating in the focus group. 6.3 WasteFinder Jeannette presented the Committee information on the WasteFinder system. Wastefinder is a tactile system that helps visually impaired persons find the correct waste/recycling receptacle. A square indicates garbage, a triangle recycling and a circle for organics. There will be a trial person at the Courtice Community Complex as they are launching new three-stream waste systems. There were a few questions about durability. The Committee mutually agreed it was a great initiative and they were interested in seeing it in place and how it is received by the community. 7. Other Business Sarah Taylor brought up an app called ‘Access Now’ which asks everyone using it to indicate the accessibility, or lack thereof, of certain services and locations. She spoke about how useful it was and how anyone could contribute to assist others. 8. Adjournment Moved by Sarah Taylor; seconded by Deb Kalogris That the meeting be adjourned. Carried The meeting was adjourned at 7:43pm Next meeting Wednesday, September 8, 2021 at 6:30 p.m. Via Microsoft Teams Page 143 Audit Committee Minutes If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date: August 4, 2021 Time: 9 :00 AM Place: Held Virtually via Microsoft Teams Present: Mayor Foster, Councillor Hooper, Councillor Neal (9:24 AM) Staff Present: Andy Allison, Trevor Pinn, Catherine Carr, Heather Lynch, Michelle Pick Guests: Trina Connell and Matthew Haire from BDO Canada LLP, Councillor Zwart (as an observer) 1. Call to Order Councillor Hooper called the meeting to order at 9:05 AM and chaired the meeting until 9:24 AM when Councillor Neal assumed the chair. 2. Land Acknowledgement Statement Councillor Hooper recited the Land Acknowledgement Statement. 3. Declarations of Interest 3.1 Councillor Hooper declared a direct interest in 7.2 of Communications – Receive for Information and 8.1 (3) of Items for Direction. 4. Adoption of Minutes of Previous Meeting(s) Resolution #AAC-013-21 Moved and seconded by Mayor Foster That the minutes from the Audit and Accountability Committee held June 29, 2021 be approved, with two administrative amendments (time to read: 9:00 am, and to correct the spelling of Andy Allison’s name). Carried 5. Presentations 5.1 Representatives from BDO Canada LLP presented the 2020 audit findings. 6. Delegations 6.1 None Page 144 Audit Committee Minutes August 4, 2021 Page 2 of 3 7. Communications – Receive for Information Resolution #AAC-014-21 Moved by Councillor Hooper Seconded by Mayor Foster That the final letters for 7.1 the Municipality of Clarington, 7.3 Newcastle BIA and 7.4 Orono BIA, be received for information and the included representation letters be signed by CAO and Director of Financial Services/Treasurer. Carried Resolution #AAC-015-21 Moved by Mayor Foster Seconded by Councillor Neal That final letter for 7.2 Historical Downtown Bowmanville BIA be received for information and the included representation letters be signed by CAO and Director of Financial Services/Treasurer. Carried Resolution #AAC-016-21 Moved by Mayor Foster Seconded by Councillor Hooper That the memo to the Audit and Accountability Committee from the Director of Financial Services/Treasurer be received for information. Carried 8. Items for Direction 8.1 Report FSD-033-21, 2020 Financial Statements Resolution #AAC-017-21 Moved by Mayor Foster Seconded by Councillor Neal 3. That the Financial Statements for the Board of Management for Historic Downtown Bowmanville Business Improvement Area for the year ending December 31, 2020 be approved. Carried Page 145 Audit Committee Minutes August 4, 2021 Page 3 of 3 Resolution #AAC-017-21 Moved by Mayor Foster Seconded by Councillor Hooper 1. That Report FSD-033-21 be received; 2. That the Consolidated Financial Statements for the Municipality of Clarington for the year ending December 31, 2020 be approved; 4. That the Financial Statements for the Board of Management for the Newcastle Central Business District Improvement Area for the year ending December 31, 2020; 5. That the Financial Statements for the Board of Management for the Orono Central Business District Improvement for the year ending December 31, 2020; 6. That the Financial Statements for the Municipality of Clarington Trusts for the year ending December 31, 2020 be approved; and 7. That, Staff prepare the Annual Financial Report for the year ending December 31, 2020 for public consumption with information substantively as discussed in Report FSD-033-12 and that it be placed on the Municipality’s website. Carried 9. Other Business 9.1 Resolution #AAC-018-21 Moved by Mayor Foster Seconded by Councillor Hooper That the Members of Council be requested to appoint an alternate to the audit and accountability committee. Carried Recommendation to Council #1 That Council appoint an alternate to the audit and accountability committee. 10. Adjournment Resolution #AAC-019-21 Moved by Councillor Hooper Seconded by Mayor Foster That the meeting adjourn at 10:19 AM. Carried Page 146 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Joint General Government and Planning and Development Committees Minutes Date: Time: Location: September 13, 2021 9:30 AM 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, J. Newman, L. Patenaude, G. Acorn, S. Brake, R. Maciver, T. Pinn, M. Perini, G. Weir, R. Windle Other Staff Present: L. Backus, T. Gamble, S. Jeffrey, M. Jull, K. Richardson, F. Langmaid, B. Radomski, C. Strike, C. Salazar, A. Tapp _____________________________________________________________________ 1. Call to Order Councillor Anderson called the meeting to order at 9:34 a.m. 2. Land Acknowledgement Statement Mayor Foster led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest Councillor Hooper declared a direct interest in Item 9.5.1, Report FSD-039-21 Heritage Tax Incentive. 4. Announcements Members of Committee announced upcoming community events and matters of community interest. 5. Public Meetings 5.1 Public Meeting for an Official Plan and Zoning Bylaw Amendment to Increase Permissions for Additional Dwelling Units (ADUs) Mark Jull, Planner II, made a verbal presentation to accompany an electronic presentation. Page 147 Joint Committee Minutes of September 13, 2021 2 Linda Fockler was present in support of the Additional Dwelling Units (ADUs). She noted that she lives in the Oak Ridges Moraine and expressed concerns regarding the restrictions. Ms. Fockler questioned if there is a limit for severances for rural lands. She explained that the amendments will allow ADUs with some limitations for the Oak Ridges Moraine and that the goal of the restrictions is to preserve the Moraine to ensure the aquifer will remain unpolluted for the GTA community. Ms. Fockler added that families living on the Moraine love and protect the lands from individuals who dump garbage, pick up garbage others dump, report strangers hanging around and ensures that personal use keeps the land, springs, and creeks in an environmentally pure condition. She expressed that the lands should be protected and stated that ADUs will allow children to return to their parents' lands and continue to protect them. Ms. Fockler requested that, if the goal is to preserve the Moraine, allow families living there to have the opportunity to build ADUs and to ensure the people who care, remain on the land as caregivers. She explained that ADUs would allow older generations to move into new units and how properties with frontages on two side roads would create up to three new homes to assist in complying with the provincial guidelines to create affordable housing. Ms. Fockler concluded by requesting that Council allow small housing, with controlled regulated development that protects the Moraine and to keep the lands out of developers' hands. Rudy Kraayvanger was present in support of the Additional Dwelling Units (ADUs) as they allow property owners to do more with their property. He expressed his concern regarding the confusion between the Oak Ridges Moraine and Greenbelt. Mr. Kraayvanger stated that there is opportunity to have ADUs within the provincial controlled areas. He stated that existing properties would not be changed or adversely affected by adding ADUs. Mr. Kraayvanger stated that he believes there does not need to be as many limits as suggested in the area and concluded by questioning if all residences will have one front door access or can they have two exterior entrances. Michael Longarini was present in support of the Additional Dwelling Units (ADUs). He stated that Clarington should open up the possibility for ADUs to allow more flexibility in the approval process and reduce the barriers and associated costs. Mr. Longarini explained that accessory structures can provide a way to take stress off the demand for rural lot creation, or settlement area expansion. He added that many farms also support additional possibilities for worker living areas. Mr. Longarini stated that the garden suite approvals should be temporary and that including "portable" in the definition is an unnecessary barrier. He explained that the garden suites should not have restrictions on who the occupants are and should be allowed to have extended family, residential rental or short-term rentals, or any other home business already permitted in the area. Mr. Longarini noted that the location of garden suites on large lots should be flexible for maximum setbacks. He questioned if an old garage was converted into a garage/ADU, does it restrict from building another new garage on the property if space allows. Page 148 Joint Committee Minutes of September 13, 2021 3 Mr. Longarini expressed his concerns regarding the cost of a temporary use by- law and approval process and concluded by stating he hopes to see continued efforts to support affordable housing in rural Clarington. Recess Resolution # JC-001-21 Moved by Mayor Foster Seconded by Councillor Jones That the Committee recess for 5 minutes. Carried The meeting reconvened at 10:59 a.m. with Councillor Anderson in the Chair. Libby Racansky spoke in opposition of the Addional Dwelling Units (ADUs). She explained that the Moraine and greenbelt is exempted from the provincial implementation in Clarington communities. Ms. Racansky explained that the intensification of the Courtice North neighbourhood and its northern rura l communities have already removed numerous forested areas. She added that it caused residents to experience dryness, hot temperatures, or wetness, even flooding within the urbanized centers. Ms. Racansky stated that the watershed is important for the remaining forests, wetlands, and ensures farms have sufficient water. She explained that there needs to be a place for affordable housing, but not in an area that is important to the watershed, which has been damaged already. Ms. Racansky stated that intensification is needed in areas where redevelopment would be a positive move, creating desirable and affordable homes without disrupting woodlots. She concluded by explaining that adding ADUs into the lands are not suitable for the watershed because it would fur ther reduce the possibility of infiltration into the ground and increase overland runoff. Ms. Racansky added that the watershed should be included within the Moraine and greenbelt, with an exception of urban lands where the existing basements could be used to satisfy the interest of affordability. 5.1.1 PDS-041-21 Additional Dwelling Units - Official Plan and Zoning Bylaw Amendments Resolution # JC-002-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report PDS-041-21 and any related communications be received; That Staff consider comments from the public and Council with respect to the Municipally-initiated Official Plan and Zoning Bylaw Amendments to increase permissions for Additional Dwelling Units prior to bringing back a recommendation report; and Page 149 Joint Committee Minutes of September 13, 2021 4 That all interested parties listed in Report PDS-041-21 and any delegations be advised of Council’s decision. Carried 5.2 Public Meeting for an Official Plan and Zoning By-law Amendment Sean Jeffrey, Planner I, made a verbal presentation to accompa ny an electronic presentation. Hugh Stewart, Clark Consulting Services, agent for the applicant, was present to answer questions regarding the application. 5.2.1 PDS-042-21 Official Plan and Zoning Bylaw Amendment to Facilitate the Severance of a Farm Dwelling Rendered Surplus as a Result of the Consolidation of Non-Abutting Farm Parcels Resolution # JC-003-21 Moved by Councillor Hooper Seconded by Mayor Foster That Report PDS-042-21 and any related communication items, be received; That the application to amend the Clarington Official Plan and Zoning By-law 84- 63 continue to be processed; That Staff receive and consider comments from the public and Council with respect to OPA2021-0004 and ZBA2021-0012; and That all interested parties listed in Report PDS-042-21 and any delegations be advised of Council’s decision. Carried The public meeting concluded at 11:28 a.m. 6. Presentations/Delegations 6.1 Lise Morton, Vice-President, Site Selection and Norman Sandberg, C.E.T., Relationship Manager, Nuclear Waste Management Organization, Regarding Canada's Plan for Long-Term Management of Canada's Used Nuclear Fuel Lise Morton, Vice-President, Site Selection and Norman Sandberg, C.E.T., Relationship Manager, Nuclear Waste Management Organization (NWMO) was present regarding Canada's Plan for Long-Term Management of Canada's Used Nuclear Fuel. They made a verbal presentation to accompany an electronic presentation. Ms. Morton provided the background of NWMO and their mission statement. She provided an overview of used nu clear fuels, the various areas using the fuel in Canada, the repository engineering and facility design, and the multiple barriers to contain and isolate. Page 150 Joint Committee Minutes of September 13, 2021 5 Ms. Morton outlined the six safety functions used for their technical evaluation criteria. She added that there is a need to transport the fuel, so they are working on safe and secure transportation routes that are socially acceptable. Ms. Morton noted that they are proud of their reconciliation policy and are committed to reconciliation with indigenous communities. She added that they have a council of elders and youth from around the country that serve to provide advice and knowledge to NWMO on how to interweave indigenous knowledge and establish meaningful indigenous relationships. Ms. Norton stated that they are aiming to make a site selection by the end of 2023. She outlined the three main components required in the selection which contained a willing community, safety, and transportation. Ms. Norton noted they will only proceed with the project with a willing and informed community. Suspend the Rules Resolution # JC-004-21 Moved by Mayor Foster Seconded by Councillor Zwart That the Rules of Procedure be suspended to extend the presentation for an additional 5 minutes. Carried Ms. Norton outlined the project timeline which included a site selection, regulatory approval, and design and construction. Ms. Norton concluded by outlining the background of the site selection. Mr. Sandberg provided an overview of the transportation at NWMO. He displayed a photo of a shipping container and stated the modes and routes are still under review. Mr. San dberg outlined their approach to transportation which included 8 steps and stated their national and international collaboration companies. Ms. Norton and Mr. Sandberg answered questions from Members of Committee. Resolution # JC-005-21 Moved by Mayor Foster Seconded by Councillor Hooper That the Delegation of Lise Morton, Vice-President, Site Selection and Norman Sandberg, C.E.T., Relationship Manager, Nuclear Waste Management Organization (NWMO), regarding Canada's Plan for Long-Term Management of Canada's Used Nuclear Fuel, be received with thanks. Carried The Committee recessed for their one hour scheduled break in accordance with the Procedural By‑law. The meeting reconvened at 1:03 p.m. with Councillor Anderson in the Chair. Page 151 Joint Committee Minutes of September 13, 2021 6 6.2 Wendy Bracken, Regarding Amendments to O. Reg. 79/15 to Further Streamline the Use of Alternative Low -Carbon Fuels Wendy Bracken was present regarding Amendments to O. Reg. 79/15 to Further Streamline the Use of Alternative Low-Carbon Fuels. She made a verbal presentation to accompany an electronic presentation. Ms. Bracken outlined the proposal details stating that she has concerns regarding the amendments as they lead to further erosion. She stated that O. Reg 79/15 lacks criteria and monitoring to protect the public. Ms. Bracken expressed her concerns regarding removing the requirement for proponent to test actual waste samples for CO2 emission intensity as they aren't stating what sources they are using. She added that when they burn and measure the ALCF fuels, the carbon fuels were higher than when they burn conventional fuels. Ms. Bracken stated that the regulation does not require CO2 monitoring to verify greenho use gas reduction. She expressed her concerns regarding the regulation removing public consultation and nitrogen oxide and sulfur dioxide requirements. Ms. Bracken added that the industries are massive polluters and have very high levels already. She expressed her concerns regarding increasing the limit of ALCF from 100 to 200 tonnes per day and removing dead animals or animal parts from the list of restricted low-carbon fuels. Suspend the Rules Resolution # JC-006-21 Moved by Councillor Neal Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the delegation for an additional 2 minutes. Carried Ms. Bracken requested that Council act on the regulations immediately and submit a comment to the registry today, indicating the concerns with the proposal as the amendments should be going the other way to protect rather than increase erosion. She added that the public should not be shut out of the process and that there is another posting regarding an installation of a self combustion unit that Council should review and answered questions from Members of Committee. Resolution # JC-007-21 Moved by Councillor Neal Seconded by Councillor Jones That Staff be directed to forthwith file an ER comments on the potential changes to O. Reg 79/15 to: 1. oppose reductions in monitoring and reporting, including the use of secondary and tertiary sources for testing; Page 152 Joint Committee Minutes of September 13, 2021 7 2. ensure that carbon dioxide testing is carried out at the stack; and 3. oppose the elimination of public consultation from decisions on Alternative Low Carbon Fuels. Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, and Councillor Zwart Absent (1): Councillor Traill Carried on a recorded vote (6 to 0) Alter the Agenda Resolution # JC-008-21 Moved by Mayor Foster Seconded by Councillor Jones That the Agenda be altered to consider item 6.9, Delegation of Richard J. Mazar, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville, at this time. Carried 6.9 Richard J. Mazar, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Richard J. Mazar, was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Mazar expressed his concerns regarding the application noting that having two stores side by side does not make sense. He explained that it is a flaw in the planning perspective as the design of the property is not appropriate for commercial uses. Mr. Mazar added that the location has narrowed driveways beside each other, limited access, and will have a serious problem with parking and traffic if the property was rezoned. He requested that Council reconsider the application as it is does not make economic sense for Newtonville. Mr. Mazar answered questions from Members of Committee. Page 153 Joint Committee Minutes of September 13, 2021 8 6.3 Serena Rolle, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Serena Rolle was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Ms. Rolle explained that they are the owners of 4502 Highway 2 and that the application should be denied. She expressed her concerns regarding parking, traffic and not enough room for an accessible parking spot. Ms. Rolle stated that this application is creating a divide in the community as two stores side by side doesn't make sense. She displayed a photo of the two properties and answered questions from Members of Committee. 6.4 Justin Rolle, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Justin Rolle was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Rolle expressed his concerns regarding the background of the application. He provided an overview of their store and why they chose to move to Newtonville. Mr. Rolle expressed concerns regarding his personal relationship with Mr. Kerswell. He explained that the Newtonville General Store has bee n operating since the 1900s and stated that approving another store right beside does not make sense. He stated that the fence line between the properties extends to the wooden pole and encouraged Council to drive by and view the property. Mr. Rolle expressed his concerns regarding parking, site lines being blocked by the delivery truck and the safety of residents. 6.5 Frank Hill, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Frank Hill was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Hill stated that they are the new owners of the General Store and are concerned about the recommended zoning. He questioned if Council votes in favor of planning staff recommendations or what is best for the Community. Mr. Hill expressed his concerns regarding safety and parking on Mr. Kerswell's property. He stated that Mr. Kerswell's delivery truck restricts their establishment and is unsafe as the truck will be forced to park on Highway 2, obst ructing site lines. Mr. Hill expressed his concerns regarding the amount of parking and accessible parking spots. He explained that if this application is approved, it will cause a divide in the community. Page 154 Joint Committee Minutes of September 13, 2021 9 Mr. Hill questioned how the application could be approved with single file parking and public safety as no one will know where to park, exit or walk. 6.6 Sara Thomas, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Sara Thomas was called upon and was not present. 6.7 Ricky Menezes, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Ricky Menezes was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Mr. Menezes explained that he is a legally blind member of the community and expressed his concerns regarding the parking hazards he is going to face with two stores side by side. He stated that it is important to carefully analyze the application not only for parking concerns, but for persons with disabilities and seniors. Mr. Menezes added that he takes this topic very seriously as it is detrimental to everyone with disabilities and noted that the area is now going to be commercialized. He encouraged Members of Council to drive by and see the risks in person. 6.8 Danielle Kane, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Danielle Kane was present regarding Report PDS-043-21, An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville. Ms. Kane stated that she is a survivor of the Danforth shooting and is now paralyzed and in a wheelchair. She explained that her eyes have been opened to the general lack of accessibility in Ontario. Ms. Kane stated that this application should comply with the AODA standards and must provide equal access to persons with disabilities as others in the community. She explained that 4504 Highway 2 is not the best location to create a commercial space as the accessibility standards cannot be met. Ms. Kane added that the proposed areas do not have adequate room for parking and questioned how an accessible parking spot will fit. She concluded by stating this location does not comply with the accessibility standards and should not be approved. Page 155 Joint Committee Minutes of September 13, 2021 10 6.10 Darryl Kerswell, Regarding Report PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property at 4504 Highway 2, Newtonville Darryl Kerswell was present as the applicant for this matter. Mr. Kerswell explained that the new plans are inclusive to accessible access with an addition to include a full accessible bathroom, with ground floor access. He added that in addition to the parking concerns, two spots meet the requirements and have ample space. Mr. Kerswell stated that removal of the side entrance grants extra access for extra parking for residents. He explained that there is no obstruction out front and added that there will be no cars blocking traffic. Mr. Kerswell stated that Planning Staff have been satisfied pending receiving an equal easement agreement, the same as the General Store, for loading and unloading. He noted that he wants to reopen an existing business in a new location and added that he welcomes any new business for growth in the area. Mr. Kerswell expressed that there shouldn't be any division in the community and answered questions from Members of Committee. 7. Reports/Correspondence Related to Presentations/Delegations 7.1 PDS-043-21 An Application by Darryl Kerswell to Permit the Establishment of Commercial Uses, Including a General Store and Eating Establishment on the Property Known at 4504 Highway 2, Newtonville Resolution # JC-009-21 Moved by Councillor Zwart Seconded by Mayor Foster That Report PDS-043-21 and any related communication items, be received; That the application to amend the Zoning By-law submitted by Darryl Kerswell be approved and the Zoning By-law in Attachment 1 to Report PDS-043-21 be passed; That a By-law lifting the Holding (H) Symbol be forwarded to Council once Site Plan approval has been granted; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-043-21 and Council’s decision; and Page 156 Joint Committee Minutes of September 13, 2021 11 That all interested parties listed in Report PDS-043-21 and any delegations be advised of Council’s decision. Yes (1): Councillor Zwart No (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, and Councillor Neal Absent (1): Councillor Traill Motion Lost on a recorded vote (1 to 5) Resolution # JC-010-21 Moved by Councillor Neal Seconded by Councillor Jones That Report PDS-043-21 and any related communication items, be received; and That the application to amend the Zoning By-law submitted by Darryl Kerswell, be denied. Carried 8. Communications 8.1 Minutes of the Newcastle Business Improvement Area dated June 10, 2021 and August 12, 2021 Resolution # JC-011-21 Moved by Councillor Neal Seconded by Mayor Foster That Communication Item 8.1, Minutes of the Newcastle Business Improvement Area dated June 10, 2021 and August 12, 2021, be received for information. Carried 8.2 Minutes of the Orono Business Improvement Area dated May 13, 2021 and June 10, 2021 Resolution # JC-012-21 Moved by Mayor Foster Seconded by Councillor Zwart That Communication Item 8.1, Minutes of the Orono Business Improvement Area dated May 13, 2021 and June 10, 2021, be received for information. Carried Page 157 Joint Committee Minutes of September 13, 2021 12 8.3 Minutes of the Ganaraska Region Conservation Authority dated June 17, 2021 Resolution # JC-013-21 Moved by Councillor Neal Seconded by Mayor Foster That Communication Items 8.3 Minutes of the Ganaraska Region Conservation Authority dated June 17, 2021 and 8.4 Minutes of the Solina Community Hall Board dated July 21, 2021, be received for information. Carried 8.4 Minutes of the Solina Community Hall Board dated July 21, 2021 Resolution # JC-014-21 That Communication Item 8.4, Minutes of the Solina Community Hall Board dated July 21, 2021, be received for information. 8.5 Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax, Regarding Vehicle Noisemaker Muffler Systems Resolution # JC-015-21 Moved by Mayor Foster Seconded by Councillor Hooper That the following resolution from Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax, regarding Vehicle Noisemaker Muffler Systems, be endorsed by the Municipality of Clarington: Whereas according to section 75 of the Highway Traffic Act (HTA), every motor vehicle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, Hollywood muffler, by-pass or similar device upon a motor vehicle; And whereas the act of modifying the exhaust system of a motor vehicle is not currently an offence under the HTA, and as a result muffler and auto-body shops continue to provide such services to individuals who choose to modify their vehicles which could make these vehicles less safe; And whereas Durham Regional Police Service has been actively laying charges (49 to date) pursuant to section 75 of the HTA against motor vehicle operators whose vehicles make excessive or unusual noise or produce excessive smoke from muffler systems that have been modified; And whereas Ajax Council continues to receive negative feedback about an increase in noise due to modified vehicles on Regional and local roads; Page 158 Joint Committee Minutes of September 13, 2021 13 And whereas on October 28, 2019, the Province of Ontario introduced Bill 132, Better for People, Smarter for Business Act, 2019 which in part sought to amend the HTA to include a new section 75.1 that will make it an offence to tamper with motor vehicles by (a) removing, bypassing, defeating or rendering inoperative all or part of a motor vehicle's emission control system or (b) modifying a motor or motor vehicle in any way that results in increased emissions from the level to which it was originally designed or certified by the manufacturer of the motor or motor vehicle, as well as prohibit the sale of tampering devices that can create excessive noise or smoke on our streets and in our neighbourhoods; And whereas Bill 132 received Royal Assent on December 10, 2019, however, the Lieutenant Governor has not yet proclaimed section 75.1 of the HTA; And whereas the City of Mississauga has passed two motions (August 2020 and May 2021), and Region of Peel also passed a motion (May 2021) calling on the Province of Ontario to immediately proclaim and bring into force section 75.1 of the HTA; Now therefore be it resolved that Ajax Council urge the Province of Ontario to work with the Lieutenant Governor to expedite the proclamation of section 75.1 of the Highway Traffic Act (Better for People, Smarter for Business Act, 2019, S.O. 2019, c. 14, Sched. 16, s. 11); That the Ministry of Transportation be requested to set a maximum decibel count for exhaust systems to ensure that exhaust systems with the capability of exceeding 80 decibels will not be available for sale and will not be permitted in the Province of Ontario, and consider reviewing and increasing associated penalties for non-compliance; That the Province of Ontario be requested to provide funding for police services in Ontario to be equipped with approved decibel monitor devices to aid in effective enforcement efforts; and That a copy of this motion be sent to the Hon. Caroline Mulroney, Minister of Transportation, the Hon. Rod Phillips, Minister of Long-Term Care and MPP for Ajax, all Durham Region Members of Provincial Parliament, the Region of Durham, all Durham municipalities, Durham Regional Police Service, and the Ontario Provincial Police. Carried Page 159 Joint Committee Minutes of September 13, 2021 14 8.6 Jaaneen Calder, Newcastle Business Improvement Area, Regarding Request to Fund New Lighting at the Newcastle Community Hall Resolution # JC-016-21 Moved by Councillor Zwart Seconded by Mayor Foster That Communication Item 8.6, Janeen Calder, Newcastle Business Im provement Area, Regarding Request to Fund New Lighting at the Newcastle Community Hall, be referred to the September 20, 2021 Council Meeting. Carried 8.7 Jan Simpson, National President, Canadian Union of Postal Workers, Regarding Request for Support for Delivering Community Power Resolution # JC-017-21 Moved by Mayor Foster Seconded by Councillor Zwart Whereas there is an urgent need for banking services among the unbanked or underbanked, given that thousands of villages and rural municipalities do not have a bank branch and more than 900 municipalities have expressed their support for postal banking; Whereas thousands of Canadians do not have access to affordable high -speed Internet, and the federal government has long promised to bridge the rural broadband gap; Whereas urgent action is needed to establish a robust network of electric vehicle charging stations; Whereas to achieve carbon-neutral targets by 2050, Canada Post must greatly accelerate the electrification of its fleet; Whereas the extensive network of post offices in our communities can provide a wide range of services as community hubs; Whereas Canada Post's letter carriers and RSMCs can check-in on vulnerable residents to help keep us in our homes longer as we age; Whereas Canada Post must play its part for a more equitable post-pandemic recovery; Whereas “The Way Forward for Canada Post,” the report of the 2016 federal public review of the postal service, recommended that Canada Post expand services and adapt its services to the changing needs of the public; Whereas the Canadian Union of Postal Workers has advanced Delivering Community Power, a vision of the post-carbon digital-age postal service that address the above needs and more; Page 160 Joint Committee Minutes of September 13, 2021 15 Be it resolved that the Municipality of Clarington endorse De livering Community Power, and write to the Honourable Anita Anand, Minister for Public Services and Procurement, with its rationale and a copy of this resolution. Yes (3): Mayor Foster, Councillor Anderson, and Councillor Zwart No (3): Councillor Hooper, Councillor Jones, and Councillor Neal Absent (1): Councillor Traill Motion Lost on a recorded vote (3 to 3) Resolution # JC-018-21 Moved by Councillor Neal Seconded by Councillor Hooper That Communication Item 8.7, Jan Simpson, National President, Canadi an Union of Postal Workers, Regarding Request for Support for Delivering Community Power, be received for information. Carried 8.8 Requests for Orange Crosswalk Representing Awareness of Indigenous Communities Resolution # JC-019-21 Moved by Mayor Foster Seconded by Councillor Hooper That Communication Item 8.8, Requests for Orange Crosswalk Representing Awareness of Indigenous Communities, be referred to Staff. Carried 8.9 Ron Wakeford, Regarding Excessive Speeding on Centerfield Drive, Courtice Resolution # JC-020-21 Moved by Councillor Jones Seconded by Councillor Neal That Communication Item 8.9, Ron Wakeford, Regarding Excessive Speeding on Centerfield Drive, Courtice, be referred to Staff. Carried Page 161 Joint Committee Minutes of September 13, 2021 16 8.10 Ontario Eye Exam Fees Resolution # JC-021-21 Moved by Councillor Neal Seconded by Councillor Hooper That Communication Item 8.10, Ontario Eye Exam Fees, be referred to the Durham Region Health and Social Services Committee. Motion Withdrawn Resolution # JC-022-21 Moved by Mayor Foster Seconded by Councillor Neal That Communication Item 8.10, Ontario Eye Exam Fees, be referred to the September 20, 2021 Council Meeting. Carried 8.11 ECCIP Item 5.1, Linda Gasser, Regarding No Response from MECP on the Concerns for AMESA, August 18, 2021 Resolution # JC-023-21 Moved by Councillor Neal Seconded by Councillor Jones That the Municipality of Clarington request answers from the ME CP to the inquiries regarding AMESA referenced in the correspondence from Linda Gasser. Carried Recess Resolution # JC-024-21 Moved by Councillor Neal Seconded by Councillor Jones That the Committee recess for 10 minutes. Carried The meeting reconvened at 4:05 p.m. with Councillor Anderson in the Chair. Page 162 Joint Committee Minutes of September 13, 2021 17 9. Staff Reports, Staff Memos and New Business Consideration 9.1 Planning and Development Services 9.1.1 PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No 121 to the Clarington Official Plan Resolution # JC-025-21 Moved by Mayor Foster Seconded by Councillor Hooper That Report PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No 121 to the Clarington Official Plan, be referred to the October 4, 2021 Planning and Development Committee meeting. Carried Alter the Agenda Resolution # JC-026-21 Moved by Mayor Foster Seconded by Councillor Neal That the Agenda be altered to consider Items 10.1, 12.1, 12.2, 12.3, at this time. Carried Alter the Agenda Resolution # JC-027-21 Moved by Councillor Neal Seconded by Councillor Jones That the Agenda be altered to consider Item 9.2.1, Memo from Stephen Brake, Director of Public Works, Regarding Cobbledick Road, Newcastle Railway Safety Improvement Program Application, at this time. Carried 9.2 Public Works Councillor Hooper chaired this portion of the meeting. Page 163 Joint Committee Minutes of September 13, 2021 18 9.2.1 Memo from Stephen Brake, Director of Public Works, Regarding Cobbledick Road, Newcastle Railway Safety Improvement Program Application Resolution # JC-028-21 Moved by Councillor Neal Seconded by Councillor Jones That Item 9.2.1, Memo from Stephen Brake, Director of Public Works, Regarding Cobbledick Road, Newcastle Railway Safety Improvement Program Application, be received for information. Carried 10. Unfinished Business Councillor Anderson chaired this portion of the meeting. 10.1 PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115 Resolution # JC-029-21 Moved by Councillor Neal Seconded by Councillor Hooper That Unfinished Business Item 10.1, Report PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115, be referred to the September 20, 2021 Council Meeting. Carried 12. Confidential Items (Distributed Under Separate Cover) Suspend the Rules Resolution # JC-030-21 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to extend the meeting for an additional 1 hour, until 5:30 p.m. Carried Page 164 Joint Committee Minutes of September 13, 2021 19 Closed Session Resolution # JC-031-21 Moved by Mayor Foster 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 the following matters that deal with:  a proposed or pending acquisition or disposition of land by the municipality or local board; and  advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried 12.1 PDS-046-21 Potential Property Acquisition That the closed session Resolution #CJC-001-21, be approved. 12.2 PDS-047-21 Potential Property Acquisition That the closed session Resolution #CJC-002-21, be approved 12.3 LGS-024-21 Camp 30 Option Agreement That the closed session Resolution #CJC-004-21, be approved. Rise and Report The meeting resumed in open session at 5:47 p.m. Councillor Anderson advised that three items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 as amended, and three resolutions were passed, providing direction to Staff. Alter the Agenda Resolution # JC-032-21 Moved by Councillor Neal Seconded by Mayor Foster That the Agenda be altered to consider Items 9.6.1 Report CAO-004-21 Appointment of Director of Emergency and Fire services and Item 9.5.1 Report FSD-039-21 Heritage Tax Incentive, at this time. Carried Page 165 Joint Committee Minutes of September 13, 2021 20 9. Staff Reports, Staff Memos and New Business Consideration 9.6 CAO Office 9.6.1 CAO-004-21 Appointment of Director of Emergency and Fire Services Resolution # JC-033-21 Moved by Councillor Neal Seconded by Councillor Zwart That Report CAO-004-21 and any related communication items, be received; and That the By-law attached to Report CAO-004-21, as Attachment 1, appointing Mariano Perini as the Director of Emergency and Fire Services and Fire Chief, be approved. Carried 9.5 Financial Services Department 9.5.1 FSD-039-21 Heritage Tax Incentive Councillor Hooper declared a direct interest in Item 9.5.1 as his commercial property is heritage designated within Historic Downtown Bowmanville. Councillor Hooper muted his audio and video and refrained from discussion and voting on the matter. Resolution # JC-034-21 Moved by Councillor Neal Seconded by Councillor Jones That Item 9.5.1, Report FSD-039-21 Heritage Tax Incentive, be referred to the September 20, 2021, Council meeting. Carried 9.3 Community Services 9.3.1 Memo from Erica Mittag, Staff Liaison to the Diversity Advisory Committee, Regarding National Day for Truth and Reconciliation In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. 9.3.2 New Business - Community Event Celebrations (Councillor Zwart) In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. Page 166 Joint Committee Minutes of September 13, 2021 21 9.3.3 New Business - Provincial Funding for Community Celebrations (Councillor Zwart) In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. 9.4 Legislative Services 9.4.1 New Business - Veteran Parking (Councillor Zwart) In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. 9.4.2 New Business - Anaerobic Digestor Environmental Assessment (Councillor Neal) In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. 9.5.2 FSD-040-21 2022 Budget Guidelines In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. 9.6.2 CAO-005-21 Executive Recruiting Services for Recruitment of a Chief Administrative Officer In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. 9.6.3 New Business - Quarterly Update of Local Municipal News (Councillor Hooper) In accordance with Section 4.11.4 of the Procedural By-law, this item was referred to the September 27, 2021, General Government Committee meeting. 11. Questions to Department Heads/Request for Staff Report(s) 13. Adjournment Resolution # JC-035-21 Moved by Councillor Neal Seconded by Councillor Zwart That the meeting adjourn at 5:57 p.m. Carried Page 167 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Special General Government Committee Minutes Date: Time: Location: September 16, 2021 6:00 pm. 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 C. Traill, Councillor M. Zwart Staff Present: R. Maciver, J. Gallagher, M. Chambers Other's Present: R. Windle, F. Langmaid, A. Burke _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 6:01 pm. 2. Land Acknowledgement Statement Councillor Anderson recited the Land Acknowledgement Statement. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 4. Confidential Litigation Matter Related to the Proposed Anaerobic Digestor Dispute Closed Session Resolution # GG-436-21 Moved by Councillor Anderson 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 the following: litigation or potential litigation, including matters before administrative tribunals, affecting that municipality or local board; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Page 168 September 16, 2021 Special General Government Committee Minutes 2 Rise and Report The meeting resumed in open session at 8:10 pm. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. 5. Adjournment Resolution # GG-437-21 Moved by Councillor Anderson Seconded by Councillor Traill That the meeting adjourn at 8:11 pm. Carried Page 169 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: From: Date: File No.: Re: Members of Council Trevor Pinn, CPA, CA – Director of Financial Services/Treasurer September 20, 2021 Approval of Reserve Funds for Use at Highway 2 and Bowmanville Ave This memo is to update Members of Council on the status of four related capital projects in the Highway 2 and Regional Road 57 (Bowmanville Ave) area. These works are being tendered by the Region of Durham and undertaken by the Region with funding provided by the Municipality of Clarington. There are three sidewalk and multi-use path projects Highway 2 Sidewalk (East of Clarington Blvd to Bowmanville Ave, south side) Bowmanville Ave Multi-use Path (CPR Bridge to Stevens Rd) King Street Cycling Facility (Bowmanville Ave to Roenigk Dr) The above-mentioned sidewalk projects are anticipated to have approximately $300,000 in available funds which will be returned to the source. These projects are growth related and therefore funded by development charges, with the amount benefiting existing taxpayers being funded from the Municipal Capital Works Reserve Fund. In accordance with existing policies, unused funds will be returned to the source of funding. There is a project for streetlighting Bowmanville Ave from Highway 2 to 150m north of Stevens Rd which was underbudgeted by approximately $148,000. This project is growth related and therefore eligible for development charge funding with the amount benefiting existing taxpayers to be funded from the Municipal Capital Works Reserve Fund. The amount required to complete the streetlighting work is above the amount that the Director of Financial Services is authorized to approve under the Council approved Capital Over-expenditure Policy. The Region of Durham requires confirmation that the Municipality has the required funds prior to tendering and completing the work. Page 170 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 As the project is growth related and the necessary funds are available from the reserve funds upon the return of the surplus funds for the sidewalk work, Staff are recommending that the required funds be taken from the appropriate DC reserve funds. The streetlighting project is 100 per cent DC-eligible; therefore, there is no impact to taxpayer-supported reserves and reserve funds. If Council supports the recommendation, the following resolution would be appropriate: That Council approves the use of up to $148,000 from the appropriate development charges reserve fund at the discretion of the Treasurer, for the Regional Rd 57 Streetlighting (Highway 2 to 150m north of Stevens Rd) project. This memo is before you as the requirement for additional funds was identified on September 13, 2021 and the Region of Durham is requesting confirmation of funds, in order to proceed with the project. If Members of Council have additional questions, please contact either myself or Steve Brake for project details. Respectfully submitted, Trevor Pinn, CPA, CA Director of Financial Services/Treasurer Financial Services Department cc: Andrew Allison – CAO Steve Brake – Director of Public Works Erika Watson – Asset Management and Development Financing Manager Page 171 You don't often get email from robert.kyle@durham.ca. Learn why this is important From:Chambers, Michelle To:Chambers, Michelle Subject:FW: Eye Exam Fees - additional information request. Date:September 17, 2021 9:17:12 AM Attachments:image002.png image004.png image005.png image006.png From: Welsh, Amanda <AWelsh@clarington.net> Sent: Thursday, September 16, 2021 8:36 AM To: Mayors Office <MayorsOffice@claringtonnet.onmicrosoft.com>; Councillors Office <CouncillorsOffice@claringtonnet.onmicrosoft.com> Cc: Patenaude, Lindsey <LPatenaude@clarington.net>; Chambers, Michelle <MChambers@clarington.net>; Newman, JP <JNewman@clarington.net> Subject: FW: Eye Exam Fees - additional information request. Good morning Mayor Foster and Members of Council, Please see the below from Dr. Kyle as additional information regarding Eye Exam Fees (Communications Item 8.10 of the JC agenda) as requested by Councillor Anderson. Thank you, Amanda Amanda Welsh (she/her) Councillors’ Office Assistant Office of the CAO Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2003 | 1-800-563-1195 www.clarington.net From: Robert Kyle <Robert.Kyle@durham.ca> Sent: Wednesday, September 15, 2021 4:00 PM To: Welsh, Amanda <AWelsh@clarington.net> Cc: Pepi McTavish <Pepi.McTavish@durham.ca>; Anderson, Granville <GAnderson@clarington.net> Subject: RE: Eye Exam Fees - additional information request. EXTERNAL Hi again. The Ontario Association of Optometrists has responded to the news release below. In addition, a blog on the Association’s Save Eye Care campaign can be found here. Other than this, I don’t have any more info to contribute. Best, Robert Page 172 From: Robert Kyle Sent: September 15, 2021 9:45 AM To: Welsh, Amanda <AWelsh@clarington.net> Cc: Pepi McTavish <Pepi.McTavish@durham.ca>; Granville Anderson <ganderson@clarington.net> Subject: RE: Eye Exam Fees - additional information request. Hi Amanda. I’m not sure I have much too add… this is essentially a long-standing funding dispute between the Ministry of Health and organized optometry… see: https://news.ontario.ca/en/statement/1000747/minister-of-health-calls-on-ontario-association-of- optometrists-to-continue-negotiations... ultimately, Clarington will have to decide whether it wishes to wade in a chose sides… I will give the matter some more thought but not a high priority today. Best, Robert Robert Kyle, BSc, MD, MHSc, CCFP, FRCPC, FACPM Commissioner & Medical Officer of Health Durham Region Health Department 605 Rossland Rd. E. | P.O. Box 730 | Whitby, ON L1N 0B2 (T) 905-668-7711, ext. 3110 | 1-800-841-2729 | (F) 905-666-6214 | robert.kyle@durham.ca durham.ca facebook.com/durhamregionhealth instagram/durhamregionhealth twitter.com/durhamhealth youtube.com/durhamhealth From: Welsh, Amanda <AWelsh@clarington.net> Sent: September 15, 2021 9:31 AM To: Robert Kyle <Robert.Kyle@durham.ca> Cc: Pepi McTavish <Pepi.McTavish@durham.ca>; Granville Anderson <ganderson@clarington.net> Subject: Eye Exam Fees - additional information request. Good morning Dr. Kyle, I hope you are keeping well. Councillor Anderson has asked that I send this request in hopes that you can assist with an Item that was on Clarington’s Joint General Government and Planning & Development Committee meeting this past Monday (September 13). Item 8.10 - Ontario Eye Exam Fees was listed as a Communications item and during the discussion was ultimately referred to Council to allow time to obtain more information. The communication asks for Council to assist by passing a motion in support of OHIP optometry services. The letter received asks Council to “call on the Ontario Government to address the chronic underfunding of eye care”. Councillor Anderson has also received calls regarding the matter, from residents and optometrists, some even stating they have offered to pay, but have been unable to make payments for the service. Ultimately, Councillor Anderson is hoping to receive some direction from you and your team on how to remedy the situation and to obtain any information you Page 173 can provide to him to take to Council on Monday, September 20th. I have included the link to the agenda item here: https://pub- clarington.escribemeetings.com/Meeting.aspx?Id=4fca4f69-9c59-40dd-8bf3- b01b03e54c5f&Agenda=Merged&lang=English&Item=33&Tab=attachments Attachment links are below: https://pub-clarington.escribemeetings.com/filestream.ashx?DocumentId=25266 https://pub-clarington.escribemeetings.com/filestream.ashx?DocumentId=25267 https://pub-clarington.escribemeetings.com/filestream.ashx?DocumentId=25268 Thank you for your time, Amanda Amanda Welsh (she/her) Councillors’ Office Assistant Office of the CAO Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 905-623-3379 ext. 2003 | 1-800-563-1195 www.clarington.net THIS MESSAGE IS FOR THE USE OF THE INTENDED RECIPIENT(S) ONLY AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, PROPRIETARY, CONFIDENTIAL, AND/OR EXEMPT FROM DISCLOSURE UNDER ANY RELEVANT PRIVACY LEGISLATION. No rights to any privilege have been waived. If you are not the intended recipient, you are hereby notified that any review, re- transmission, dissemination, distribution, copying, conversion to hard copy, taking of action in reliance on or other use of this communication is strictly prohibited. If you are not the intended recipient and have received this message in error, please notify me by return e-mail and delete or destroy all copies of this message. Page 174 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 Number 2021-065 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 the subject lands (ZBA2017-0034); 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 – Special Purpose Commercial ((H) C5) Zone” to “Special Purpose Commercial (C5) 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 session this 20th day of September, 2021 ____________________________ Adrian Foster, Mayor ____________________________ June Gallagher, Municipal Clerk Page 175 065 20th September Page 176 Page 177 Page 178 Page 179 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 180 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 Number 2021-066 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 74 residential units on the subject (ZBA2012-0008); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “4” (Courtice)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Holding – Urban Residential Exception ((H)R2-79) Zone” to “Urban Residential Exception (R2-79) Zone”; “Holding – Urban Residential Exception ((H)R2-80) Zone” to “Urban Residential Exception (R2-80) 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 session this 20th day of September, 2021 ____________________________ Adrian Foster, Mayor ____________________________ June Gallagher, Municipal Clerk Page 181 066 20th September Page 182 Page 2 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 On April 27, 2015, Council endorsed the recommendations contained in PSD-052-14 (Resolution #C-149-15 approving the above noted Rezoning as follows: 1. That Report PSD-052-14 be received; 2. That Addendum to Report PSD-052-14 be received; 3. That the application for the proposed Draft Plan of Subdivision, submitted by 289143 Ontario Limited to permit the development of 234 residential units be supported, with a revision to reduce the maximum number of medium and high density units from 160 to 140 subject to the conditions contained in Attachment 1 to Report PSD-052-14; 4. That the Zoning By-law Amendment application submitted by 289143 Ontario Limited be approved as contained in Attachment 3 to Addendum to Report PSD- 052-14 with a revision to section 15.4.38 c. vii) (a) of the by-law by reducing the minimum lot area from 175 to 150 square metres for each townhouse unit; 5. That once all conditions contained in the Official Plan and Zoning By-law with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved with a revision to section 15.4.38 c. vii) (a) of the by-law by reducing the minimum lot area from 175 to 150 square metres for each townhouse unit; 6. That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD- 052- 14 and Council’s decision; and That all interested parties listed in Report PSD-052-14 and any delegations be advised of Council’s decision. The revision to the Zoning By-law Amendment (By-law 2015-0030) was completed as per Council’s direction above. 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 to the subdivision approval and as outlined in the Clarington Official Plan and Zoning By-law have been fulfilled. Staff are satisfied that all conditions related to the consent have, or will be addressed to the satisfaction of the Municipality and holding may now be removed. To: June Gallagher, Municipal Clerk From: Cynthia Strike, Manager, Development Review Branch Date: September 14, 2021 Subject: By-law to Remove (H) Holding Symbol Applicant: 289143 Ontario Limited (Eastvale File: ZBA2012-0008 (Cross Reference S-C-2012-0001) MEMO Page 183 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). Notice of Council’s decision should be provided to the following: Mr. Michael Freedman. 289143 Ontario Limited 398 Old Orchard Grove North York, Ontario M5M 2E9 Thanks, ________________________ Cynthia Strike Manager of Development Review /nl 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 184 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 Number 2021-067 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 78 residential units on the subject (ZBA2018-0026); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “4” (Courtice)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Holding – Urban Residential Exception ((H)R2-54) Zone” to “Urban Residential Exception (R2-54) Zone”; “Holding – Urban Residential Exception ((H)R3-59) Zone” to “Urban Residential Exception (R3-59) Zone”; “Holding – Urban Residential Exception ((H)R2-65) Zone” to “Urban Residential Exception (R2-65) Zone”; “Holding – Urban Residential Exception ((H)R2-67) Zone” to “Urban Residential Exception (R2-67) 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. By-Law passed in open session this 20th day of September, 2021 ____________________________ Adrian Foster, Mayor ____________________________ June Gallagher, Municipal Clerk Page 185 067 20th September Page 186 Page 2 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 On March 2, 2020, Council endorsed the recommendations contained in PSD-006-20 (Resolution #C-089-20 approving the above noted Rezoning as follows: 1. That Report PSD-006-20 be received; 2. That Amendment No. 122 to the Clarington Official Plan as contained in Attachment 1 of Report PSD-006-20 be adopted; 3. That the revised application for Draft Plan of Subdivision S-C-2018-0005 submitted by Delpark Homes (Prestonvale) Inc., to permit the development of 78 residential units, be supported subject to the conditions generally as contained in Attachment 2 to Report PSD-006-20; 4. That the application to amend the Zoning By-law by Delpark Homes (Prestonvale) Inc. be approved and the By-law in Attachment 3 to Report PSD- 006-20 be passed; 5. That once all requirements of draft subdivision approval are satisfied, the By- law authorizing the Removal of the (H) Holding Symbol be approved; 6. That the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of report PSD-006-20 and Council's decision; and 7. That all interested parties listed in Report PSD-006-20 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 to the subdivision approval and as outlined in the Clarington Official Plan and Zoning By-law have been fulfilled. Staff are satisfied that all conditions related to the consent have, or will be addressed to the satisfaction of the Municipality and holding may now be removed. To: June Gallagher, Municipal Clerk From: Cynthia Strike, Manager, Development Review Branch Date: September 14, 2021 Subject: By-law to Remove (H) Holding Symbol Applicant: Delpark Homes (Prestonvale) Inc. File: ZBA2018-0026 (Cross Reference S-C-2018-0005) MEMO Page 187 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). Notice of Council’s decision should be provided to the following: Mark Jacobs, Biglieri Group and Eddy Chan, Delpark. Thanks. ________________________ Cynthia Strike Manager of Development Review /nl 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 188