HomeMy WebLinkAbout2021-10-18 Agenda
Council
Post-Meeting Agenda
Date:October 18, 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 September 20, 2021 6
6.2.Minutes of a special meeting of Council dated September 27, 2021 23
7.Presentations / Delegations
7.1.Sarah Rutherford - Recognition of Efforts and Dedication to the Orono
Greens Project
7.2.Peter Cohen, Climate Justice Durham regarding PDS-045-21 -
Clarington’s Green Development Program
*7.3.Alyssa Scanga, Climate Justice Durham, regarding PDS-045-21 -
Clarington’s Green Development Program
*7.4.Libby Racansky regarding PDS-045-21 - Clarington’s Green
Development Program
25
8.Reports/Correspondence Related to Presentations/Delegations
9.Consideration of Minutes
9.1.Advisory Committee Minutes
9.1.1.Minutes of the Diversity Committee dated September 2 and 23,
2021
28
9.1.2.Minutes of the Newcastle Arena Board dated September 14,
2021
35
9.1.3.Minutes of the Heritage Committee dated September 21, 2021 37
Page 2
9.1.4.Minutes of the Newcastle Community Hall Board dated March
16, April 20, May 18, June 15 and September 28, 2021
43
9.1.5.Minutes of the Tourism Advisory Committee dated August 31,
2021
57
9.2.Standing Committee Minutes
9.2.1.Minutes of the Audit and Accountability Committee dated
September 28, 2021
61
9.2.2.Minutes of the General Government Committee meeting dated
September 27, 2021
64
9.2.3.Minutes of the Planning and Development Committee meeting
dated October 4, 2021
82
10.Communications
11.Staff Reports and Staff Memos
11.1.Report CSD-007-21 - Community Arena and Hall Boards – Ongoing
Challenges due to COVID-19
87
11.2.Report LGS-026-21 - Health Benefit Program 2021 Renewal to
November 1, 2022
93
11.3.Memo from Ryan Windle, Director of Planning and Development
Services regarding Request from Delpark Homes Ltd. for an exemption
from the two-year freeze on submitting an application for Minor Variance
related to a site specific Zoning By-law Amendment
98
(Motion for Direction - Suggested Motion Included in Memo)
11.4.Memo from Ryan Windle, Director of Planning and Development
Services regarding Requirements to Request a Full Environmental
Assessment for the Mixed Waste Transfer/Pre-Sort and Anaerobic
Digestion Organics Processing Facility
104
(Item 8.3.4 - Anaerobic Digestor Environmental Assessment of the
September 27, 2021 General Government Committee Minutes)
11.5.Memo from Trevor Pinn, Director of Financial Services/Treasurer
regarding Questions Arising at Audit and Accountability Committee from
Financial Update at June 30, 2021
116
(Item 8 of the September 28, 2021 Audit and Accountability meeting
minutes)
Page 3
12.Business Arising from Procedural Notice of Motion (For Consideration at
Subsequent Meeting)
13.Unfinished Business
13.1.Michael Harris, P. Eng., Project Engineer, Region of Durham, Regarding
a Request for Noise By-law Exemption for October 14, 2021, to
November 5, 2021
119
(Referred from the September 27, 2021 General Government
Committee meeting)
(Memo from Steve Brake, Director of Public Works included)
13.2.FSD-044-21 Snow Clearing Services 122
(Referred from the September 27, 2021 General Government
Committee meeting)
Link to Report FSD-044-21
(Memo from Trevor Pinn, Director of Financial Services and Treasurer
regarding FSD-044-21- Snow Clearing Services included)
(Councillor Zwart plans to introduce the attached amendment to the
recommendations of the report)
13.3.Report FSD-036-21, Purchasing By-law (Referred from the September
28, 2021 Audit and Accountability Committee Meeting)
125
(Memo from Trevor Pinn, Director of Financial Services/Treasurer
regarding Referral of Purchasing By-law Update to Council included)
14.Confidential Items
*14.1.Confidential Memo from Rob Maciver, Director of Legislative
Services/Municipal Solicitor regarding Anaerobic Digester – Host
Community Agreement Dispute
(Distributed Under Separate Cover)
15.By-laws
15.1.2021-072 - 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”
155
(Item 5.3 of the September 27, 2021 General Government Committee
Minutes)
15.2.2021-073 - Being a by-law to amend By-law 2014-059, being a by-law to 156
Page 4
regulate traffic and parking on highways, private property and
municipality
(Item 8.3.3 of the September 27, 2021 General Government Committee
Minutes)
15.3.2021-074 - Being a by-law to amend Election Sign By-law 2016-004
(Item 8.3.1 of the September 27, 2021 General Government Committee
Minutes)
15.4.2021-075 - Being a by-law to amend the Road Occupancy By-law
(Item 8.3.2 of the September 27, 2021 General Government Committee
Minutes)
15.5.2021-076 - Being a by-law to amend the Boulevard By-law
(Item 8.3.2 of the September 27, 2021 General Government Committee
Minutes)
15.6.2021-077 - Being a by-law to provide policies and procedures for the
procurement of goods and services
(Item 9 of the September 28, 2021 Audit and Accountability Minutes)
16.Procedural Notices of Motion (For Consideration at Subsequent Meeting)
17.Questions to Department Heads / Request for Staff Report(s)
18.Confirming By-Law
19.Adjournment
Page 5
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:
September 20, 2021
6:30 p.m.
Council Members (in Chambers or MS Teams) | Members of the
Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor M. Zwart
Absent: Councillor C. Traill
Staff Present: A. Allison, G. Acorn, S. Brake, R. Maciver, T. Pinn, Perini,
R. Windle, J. Gallagher, M. Chambers
Other Staff Present: F. Langmaid, C. Salazar
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 6:30 pm.
2. Moment of Reflection
Councillor Hooper led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Hooper recited the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Hooper declared a direct interest in Item 13.5, Report FSD-039-21 -
Heritage Tax Incentive.
Mayor Foster declared a direct interest in Item 14.1 – Confidential Report CAO-007-
21, Spry Avenue Property Disposition.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
Page 6
September 20, 2021
Council Minutes
2
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated July 5, 2021
Resolution # C-271-21
Moved by Councillor Hooper
Seconded by Councillor Jones
That the Minutes of a regular meeting of Council dated July 5, 2021, be approved.
Carried
Recess
Resolution # C-272-21
Moved by Councillor Neal
Seconded by Councillor Hooper
That the Council recess for five minutes.
Carried
The meeting reconvened at 6:48 pm with Mayor Foster in the Chair.
Councillor Zwart joined the meeting.
7. Presentations / Delegations
Suspend the Rules
Resolution # C-273-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to add Darryl Kerswell as a delegation to
the agenda regarding Report PDS-043-21.
Carried
7.1 Liza Maw, regarding Report PDS-040-21 Request to Repeal Designation By-law
97-17;4478 Highway 35/115
Liza Maw was present regarding Report PDS-040-21, Request to Repeal
Designation By-law 97-17;4478 Highway 35/115. She made a verbal presentation to
accompany an electronic presentation. Ms. Maw provided an overview of the
property and some of the history of the heritage designation. She highlighted some
of the upgrades and maintenance that has been done on the house to date. Ms.
Maw provided the yearly house insurance rates illustrating the increases since 2017
and she noted there have been no claims in 18 years. She reviewed some of the
recent insurance quotes and explained that several of the insurance companies in
the area will not insurance a home with a heritage designation and some of the
concerns with the insurance quotes she has received. Ms. Maw explained that, as
Page 7
September 20, 2021
Council Minutes
3
per the Information Bureau of Canada, there are challenges to obtaining home
insurance on a home with a Heritage Designation. She noted that, on the
Government of Ontario website, Heritage Tool Kit, it states that home insurance
rates should not increase as a result of a Heritage Designation. Ms. Maw concluded
by asking the Members of Council to support the repeal of the heritage designation
on 4478 Hwy 35//115. She answered questions from the Members of Council.
Alter the Agenda
Resolution # C-274-21
Moved by Councillor Jones
Seconded by Councillor Zwart
That the Agenda be altered to consider Item 13.4, Report PDS-040-21 - Request to
Repeal Designation By-law 97-17; 4478 Highway 35/115, at this time.
Carried
13.4 PDS-040-21 Request to Repeal Designation By-law 97-17; 4478 Highway 35/115
Resolution # C-275-21
Moved by Councillor Jones
Seconded by Councillor Anderson
That Report PDS-040-21 be received;
That Council approve the application to repeal the heritage designation By-law 97-17
for the property located at 4478 Highway 35/115 and place the property on the
Clarington municipal heritage registry;
That a copy of Council’s resolution be sent to the Ministry of Heritage, Sport,
Tourism, and Culture Industries, the Association of Municipalities of Ontario, the
Insurance Bureau of Canada, and Ontario Heritage Trust; and
That all interested parties listed in Report PDS-040-21 and any delegations be
advised of Council’s decision.
Motion Lost
Resolution # C-276-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report PDS-040-21 be received;
That Council refuse the application to repeal the heritage designation By-law 97-17
for the property located at 4478 Highway 35/115;
That a copy of Council’s resolution be sent to the Ministry of Heritage, Sport,
Tourism, and Culture Industries, the Association of Municipalities of Ontario, the
Insurance Bureau of Canada, and Ontario Heritage Trust; and
Page 8
September 20, 2021
Council Minutes
4
That all interested parties listed in Report PDS-040-21 and any delegations be
advised of Council’s decision.
Carried
7. Presentations / Delegations
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
Tracy Hallman and Trudy Visentin were 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. Hallman thanked the Members of Council for the
opportunity to speak, noting that he is a long-time resident of Newtonville who has
used the store for many years. He added that he is concerned that a member of the
community is being not able operate his business. Mr. Hallman noted that he is in
full support of Mr. Kerswell as are many members of the community.
Ms. Visentin noted that she is also local resident and fully supports Mr. Kerswell's
application as it supports traffic flow and increases safety in that area due to the
placement of the store and sidewalk. She noted this will bring a sense of community
back to Newtonville and increase accessibility to the business. Ms. Visentin believes
that the that the original store building does not have the appropriate permits for
renovations currently underway and are not following COVID protocols. She
inquired about the petition which was submitted and asked if it had been overlooked.
Ms. Visentin believes that only residents of Clarington should be able to provide
input. She concluded by asking for support of Mr. Kerswell's application. Ms.
Visentin and Mr. Hallman answered questions from the Members of Council.
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
Kelly Maika 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.
Maika noted that she is in full support of the application submitted my Mr.
Kerswell. She explained that Mr. Kerswell goes out of his way to support and
accommodate individuals with special needs and that this will be a fully accessible
store. Ms. Maika does not feel that parking will be a concern and is confident that
Mr. Kerswell will work to ensure all the parking needs are met. She explained that
Newtonville is in need of this establishment and that the previous store, operated by
Mr. Kerswell, provided a safe environment for the residents to attend during the
pandemic. Ms. Maika concluded by asking the Members of Council to support Mr.
Kerswell's application.
Page 9
September 20, 2021
Council Minutes
5
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
Mike Gimblett 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.
Gimblett stated that he is in support of the application and has spoken to several
staff and Members of Council on the matter. He explained that he supports two
stores side by side as Newtonville is a growing community and is confident this will
not be an issue. Mr. Gimblett expressed his concerns with the old store as he feels
that it may not re open to serve the community. He added that Mr. Kerswell is ready
to go and will open as soon as he receives his approvals. Mr. Gimblett feels the
original store is run down and does not believe it has any historic significance. He
does not feel parking has been an issue and the applicant has approvals for the
required amount of parking. Ms. Gimblett does not feel traffic is a concern but noted
that a four-way stop could assist. He added that the mailboxes on Highway 2 are a
huge safety issue as well as the posted speed limit on Highway 2. Mr. Gimblett
stated that there is a great deal of support for the applicant and noted that Mr.
Kerswell was very supportive of the community. He believes that, if this is not
approved, the community would not support the existing store owner. Mr. Gimblett
concluded by asking for the application to be reconsidered and approved by the
Members of Council. He answered questions from the Members of Council.
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
Jessica Ennis 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.
Ennis noted that she fully supports the application and explained that her property
backs onto the proposed location. She explained that Mr. Kerswell’s store has
safely operated during the pandemic to provide the necessities to the
community. Ms. Ennis noted that they offered curbside pick up and an accessible
location for children of all abilities to visit and have something to look forward to
during the pandemic. She added that the proposed parking is much safer than the
current parking lot and the accessibility proposal provides access to everyone. Ms.
Ennis noted that Mr. Kerswell's store is a positive and important part of the
community. She added that she welcomes any improvements to the increase the
sense of community in Newtonville. Ms. Ennis thanked the Members of Council and
asked for their support of the application.
Page 10
September 20, 2021
Council Minutes
6
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
Frank Stapleton 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. Stapleton asked Members of Council to support the application as
Newtonville is due to have some expansion of local businesses. He noted there
were previously two corner stores which operated at the same time and he feels this
would add to the diversity of Newtonville. Mr. Stapleton added that, with the growth
of Newtonville, two businesses could be supported. He noted that all of the public
agencies and the staff report supported the application. Mr. Stapleton noted that
petitions were submitted from the residents to support the application. He explained
that the current store is not operating, Mr. Kerswell was evicted in May 2021, and
there has been no indication that this store will reopen or provide services to meet
the needs of the community. Mr. Stapleton has done a great deal to meet the needs
of the community and has done all that has been asked of him for this application.
He concluded by asking that this application be supported by the Members of
Council. Mr. Stapleton answered questions from the Members of Council.
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
Angie Holliday 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.
Holliday noted that she supports the application. She explained that her children
would visit the store on a regular basis, and it provided a sense of community. Ms.
Holliday added that Mr. Kerswell employed several teens from the community. She
added that the store has been a positive addition to the community and provided
services, including the LCBO and a Canada Post Office. Ms. Holliday concluded by
asking the Members of Council to support the application.
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
Krista McCardle 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. McCardle explained that she is a local resident, and fully supports
Mr. Kerswell's application, along with the staff of the Municipality of Clarington and
the Newtonville Community. She feels that if the Members of Council have concerns
with the application, that they should be working with the applicant, rather than
Page 11
September 20, 2021
Council Minutes
7
denying the application. Ms. McCardle added that denying the application is, in fact,
going against Provincial Policy. She believes that there is no issue with two
businesses being side by side. Ms. McCardle concluded by stating that many of the
concerns were addressed in the staff report and requested the application be
approved by the Members of Council.
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
Geri Chung 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.
Chung explained that she is in support of Council's decision to deny the application
and does not support the application for the rezoning. She does not believe that the
proposed the site is appropriate and feels there are safety concerns due to proposed
parking and traffic in the area. Ms. Chung concluded by stating that she believes
that people are supporting the application based on emotions and not the planning
of the application.
Recess
Resolution # C-277-21
Moved by Councillor Jones
Seconded by Councillor Hooper
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9:08 p.m. with Mayor Foster in the Chair.
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
Sara Thomas 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.
Thomas stated that she supports the denial of the application. She noted that the
application meets the minimum requirements for accessibility, parking, and traffic,
which is why she supports Council's decision to deny the application.
Page 12
September 20, 2021
Council Minutes
8
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
Cheryl Harding 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.
Harding noted that she is a local resident and fully supports the application. She
explained that Newtonville is in need of a general store and it is an important part of
the community. She expressed concerns with people who are not Clarington
residents speaking to the application. Ms. Harding concluded by stating that Mr.
Kerswell's store supported the community during the pandemic and is asking the
Members of Council to approve the application.
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
Cassandra Sheppard 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. Sheppard noted that she is not in support of the application and
has concerns with the accessibility, parking and increased traffic in the area.
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
Darryl Kerswell 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.
Kerswell thanked the Members of Council for the opportunity to speak and for the
members of the community who spoke in support of the application. He explained
that his application is in line with Provincial Policy and both the Region of Durham
and Clarington's Official Plans. Mr. Kerswell worked with the Planning Department
to submit a complete application for approval. He asked what the motives were for
denying the application. Mr. Kerswell noted that is wants to reopen his business and
would encourage the landowner of the previous store to do the same. Mr. Kerswell
feels that any businesses in Newtonville is positive for the community and
employment opportunities. He noted that he operated for five years with no
complaints but once his lease ended there were suddenly several complaints to the
AGCO, LCBO, Clarington By-law and the Durham Regional Police. Mr. Kerswell
provided the details of the proposed new store and stated that he is confident it will
meet the accessibility and parking requirements. He concluded by stating that there
is the community support for this application and asked the Members of Council to
Page 13
September 20, 2021
Council Minutes
9
approve this application. Mr. Kerswell answered questions from the Members of
Council.
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
Resolution # C-278-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Correspondence Items contained in 8.1,including the 11 pieces of
correspondence received after the agenda update deadline, be referred to the
consideration of Item 7.1 of the September 13, 2021 Joint General Government and
Planning and Development Committee minutes, be referred to the consideration of
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.
Carried
Alter the Agenda
Resolution # C-279-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the Agenda be altered to consider Item 7.1 of Joint General Government and
Planning and Development Committee meeting minutes of September 13, 2021, at
this time.
Carried
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
Resolution # C-280-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
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;
Page 14
September 20, 2021
Council Minutes
10
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
That all interested parties listed in Report PDS-043-21 and any delegations be
advised of Council’s decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (2): Councillor Jones, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote, later in the meeting, see following motions (4 to 2)
Resolution # C-281-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to allow Members of Council to speak to
the foregoing Resolution #C-280-21 for a second time.
Carried
The foregoing Resolution #C-280-21 was then put to a recorded vote and carried.
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
9.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated June 14, 2021
9.1.3 Minutes of the Clarington Diversity Committee dated June 24 and September
2, 2021
9.1.4 Minutes of the Agricultural Advisory Committee dated July 8 and August 26,
2021
9.1.6 Minutes of the Heritage Committee dated July 20, 2021
9.1.7 Minutes of the Accessibility Advisory Committee dated May 5 and June 2, 2021
Resolution # C-282-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Advisory Committee Report Items 9.1.1 to 9.1.7, be approved with the
exception of Item 9.1.5.
Carried
Page 15
September 20, 2021
Council Minutes
11
9.1.5 Minutes of the Active Transportation and Safe Roads Advisory Committee
dated July 8, 2021
Resolution # C-283-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the minutes of the Active Transportation and Safe Roads Advisory Committee
dated July 8, 2021, be approved.
Carried
9.2 Standing Committee Minutes
9.2.1 Minutes of the Audit and Accountability Committee dated August 4, 2021
Resolution # C-284-21
Moved by Councillor Hooper
Seconded by Councillor Neal
That the minutes of the Audit and Accountability Committee dated August 4, 2021,
be approved on consent.
Carried as Amended
Resolution # C-285-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #C-284-21 be amended to add the following to the
end:
“That a letter be written to our former audit firm to request and explanation on
why the Municipality had to restate our 2020 Balance Sheet.”
Carried
The foregoing Resolution #C-284-21 was put to a vote and carried as amended.
Alter the Agenda
Resolution # C-286-21
Moved by Councillor Zwart
Seconded by Councillor Neal
That the Agenda be altered to consider Item 11.1, at this time.
Carried
Page 16
September 20, 2021
Council Minutes
12
11.1 Memo from Trevor Pinn, Director of Financial Services/Treasurer regarding
Approval of Reserve Funds for Use at Highway 2 and Bowmanville Ave
Resolution # C-287-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That 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, be approved.
Carried
Alter the Agenda
Resolution # C-288-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Agenda be altered to consider Item 13.1, at this time.
Carried
13.1 Memo from Erica Mittag, Staff Liaison to the Diversity Advisory Committee,
Regarding National Day for Truth and Reconciliation
Resolution # C-289-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
Whereas the Truth and Reconciliation Commission (TRC) released its final report on
June 2, 2015, which included 94 Calls to Action to redress the legacy of residential
schools and advance the process of Canadian reconciliation; and
Whereas the recent discoveries of remains and unmarked graves across Canada
have led to increased calls for all levels of government to address the
recommendations in the TRC’s Calls to Action; and
Whereas all Canadians and all orders of government have a role to play in
reconciliation; and
Page 17
September 20, 2021
Council Minutes
13
Whereas Recommendation #80 of the Truth and Reconciliation Commission called
upon the federal government, in collaboration with Aboriginal peoples, to establish,
as a statutory holiday, a National Day for Truth and Reconciliation to ensure that
public commemoration of the history and legacy of residential schools remains a
vital component of the reconciliation process; and
Whereas the Federal Government has announced September 30th, 2021, as the
first National Day for Truth and Reconciliation (National Orange Shirt Day) and a
statutory holiday;
Therefore be it resolved that the Council of the Municipality of Clarington does
hereby commit to recognizing September 30th, 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
Suspend the Rules
Resolution # C-290-21
Moved by Councillor Zwart
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the meeting to 11:00 pm.
Carried
9.2.2 Minutes of the Joint General Government and Planning and Development
Committees meeting dated September 13, 2021
Resolution # C-291-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Minutes of the Joint General Government and Planning and Development
Committees meeting dated September 13, 2021, be approved on consent, with the
exception of Item 7.1 as it was considered earlier in the meeting.
Carried
9.2.3 Minutes of the Special General Government Committee meeting dated
September 16, 2021
Resolution # C-292-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Minutes of the Special General Government Committee meeting dated
September 16, 2021, be approved on consent.
Carried
Page 18
September 20, 2021
Council Minutes
14
10. Communications
11. Staff Reports and Staff Memos
Item 11.1 was considered earlier in the meeting.
12. Business Arising from Procedural Notice of Motion (For Consideration at
Subsequent Meeting)
13. Unfinished Business
13.2 Jaaneen Calder, Newcastle Business Improvement Area, Regarding Request
to Fund New Lighting at the Newcastle Community Hall
Resolution # C-293-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
Whereas the Newcastle BIA Town Hall Lighting Committee has been planning to
install exterior lights on the Newcastle Community Hall for the past couple of years
and they will not have sufficient funds again this year;
And whereas this project remains a priority for the Newcastle BIA and it would
provide benefit to the residents;
And whereas the timing is such that it will not meet the timelines of the Clarington
Community Grant Program;
And whereas it is more prudent to purchase the lighting at a one-time cost of $6500
rather than a yearly cost of $5000 for lighting rentals;
Now therefore be it resolved that the Municipality of Clarington purchase, and be
responsible for the ongoing maintenance of, the lighting system for the Newcastle
Town Hall for an amount of $6500 with funds to come from Tax Rate Stabilization
Account.
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)
Page 19
September 20, 2021
Council Minutes
15
13.3 Ontario Eye Exam Fees
Resolution # C-294-21
Moved by Councillor Anderson
Seconded by Councillor Zwart
That Item 13.3, Ontario Eye Exam Fees, be endorsed by the Municipality of
Clarington; and
That the Provincial Government be asked to commit to reforms so that optometrists
are compensated fairly compared to their colleagues all across Canada.
Carried
13.5 FSD-039-21 Heritage Tax Incentive
Councillor Hooper declared a direct interest in Report FSD-039-21, Heritage Tax
Incentive, 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 # C-295-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report FSD-039-21 be received;
That the status quo and the current Heritage Incentive Grant Program policies be
maintained as this time with no consideration of rebates either now or in the 2022
budget deliberations; and
That all interested parties listed in Report FSD-039-21 and any delegations be
advised of Council’s decision.
Carried
Councillor Hooper returned to the meeting.
14. Confidential Items
14.1 Confidential Report CAO-007-21 - Spry Avenue Property Disposition
Mayor Foster declared a direct interest in Confidential Report CAO-007-21, Spry
Avenue Disposition, as he is the Secretary-Treasurer with Durham Region Non-
Profit Housing Corporation and has a conflict under the OBCA.
Councillor Neal assumed the chair and Mayor Foster muted his audio and video and
refrained from discussion and voting on the matter.
Page 20
September 20, 2021
Council Minutes
16
Resolution # C-296-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That recommendation 2 (a) as outlined in Confidential Report CAO-007-21, be
approved.
Motion Withdrawn
Resolution # C-297-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Confidential Report CAO-007-21 - Spry Avenue Property Disposition, be
referred to the September 27, 2021 General Government Committee meeting.
Carried
Mayor Foster returned to the meeting.
14.2 Confidential Memo from Rob Maciver, Director of Legislative
Services/Municipal Solicitor regarding 4504Hwy 2, Newtonville
Resolution # C-298-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Confidential Memo from Rob Maciver, Director of Legislative
Services/Municipal Solicitor regarding 4504 Hwy 2, Newtonville, be received for
information.
Carried
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
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
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
15.4 2021-068 - Being a by-law to appoint a Director of Emergency and Fire
Services/Fire Chief for the Municipality of Clarington
Resolution # C-299-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That leave be granted to introduce By-laws 2021-065 to 2021-068; and
Page 21
September 20, 2021
Council Minutes
17
That the said by-laws be approved.
Carried
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
Resolution # C-300-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That leave be granted to introduce By-law 2021-069; and
That the said by-law be approved.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (2): Councillor Jones, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 2)
16. Procedural Notices of Motion (For Consideration at Subsequent Meeting)
17. Questions to Department Heads / Request for Staff Report(s)
18. Confirming By-Law
Resolution # C-301-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-070, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 20th day of September, 2021; and
That the said by-law be approved.
Carried
19. Adjournment
Resolution # C-302-21
Moved by Councillor Zwart
Seconded by Councillor Neal
That the meeting adjourn at 10:54 p.m.
Carried
Page 22
1
If this information is required in an alternate format, please contact the
Accessibility Co-ordinator at 905-623-3379 ext. 2131
Special Council Meeting
Minutes
Date:
Time:
Location:
Members Present:
Regrets:
Staff Present:
September 27, 2021
5:04
Council Members (in Chambers or MS Teams)
Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor M. Zwart
Councillor C. Traill
A.Allison, J. Newman, L. Patenaude, G. Acorn, S. Brake, R.
Maciver, T. Pinn
Other Staff Present: F. Langmaid
_____________________________________________________________________
1.Call to Order
Councillor Neal called the meeting to order at 5:04 p.m.
2.Declaration of Interest
Mayor Foster declared a direct interest in Item 3.1, To Approve Confidential
Recommendation from the September 27, 2021, General Government
Committee Meeting, Regarding Item 9.1, CAO-007-21 Spry Avenue Disposition.
3.Staff Reports and Staff Memos
3.1 To Approve Confidential Recommendation from the September 27, 2021,
General Government Committee Meeting, Regarding Item 9.1, CAO-007-21
Spry Avenue Disposition
Mayor Foster declared a direct interest in Item 3.1 as he the Secretary-Treasurer
with Durham Region Non-Profit Housing Corporation and has a conflict under the
OBCA. Mayor Foster muted his audio and video and refrained from discussion
and voting on this matter.
Page 23
Special Council Minutes September 27, 2021
2
Resolution # C-303-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Resolution #GG-479-21, from the September 27, 2021 General
Government Committee meeting, be approved.
Yes (4): Councillor Anderson, Councillor Hooper, Councillor Jones, and
Councillor Zwart
No (1): Councillor Neal
Absent (1): Councillor Traill
Carried (4 to 1)
4. Confirming By-law
Resolution # C-304-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That leave be granted to introduce By-law 2021-071, being a by-law to confirm
the proceedings of the Council of the Municipality of Clarington at a special
meeting held on the 27th day of September, 2021; and
That the said by-law, be approved.
Carried
5. Adjournment
Resolution # C-305-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the meeting adjourn at 5:09 p.m.
Carried
Page 24
From:Libby Racansky
To:ClerksExternalEmail; Chambers, Michelle; Gallagher, June
Subject:Clarington Strategic Plan, Clarington Green Development Program and Corporate Plan for Climate Change
Date:October 15, 2021 9:19:29 AM
EXTERNAL
To Clerks,
Could I be included within the delegate list for the Council meeting on October 18,
2021, please? (Corporate Plan and Green Development Programs were included in
Reports CAO-018 and PDS-045-21).
Could my speech be forwarded to Council, please (including the attachment)?
To Council, staff and Clerks,
Subject: Clarington Strategic Plan should include suggestions from Green
Development Program and Corporate Strategic Plan in its point E) -
Environmental Sustainability, as listed below (see the Plan in attachment).
Council received the Clarington Green Development Program, put together by staff
and with input from the public, during the last meeting. This was a very worthy and
important document which should be acted upon, and yet it was viewed by Council
as being 'for information only'.
With changes to our climate, we should act immediately on the proposed Green
Development Program suggestions. Therefore, Strategic Plan should include
Corporate Plan for Climate change suggestions. Clarington Council MUST
protect its residents' health and safety from flooding, pathogenic and other
illnesses, severe storms, winds or cold and other impacts which are largely caused
by indiscriminate development in unsuitable areas, destroying important natural
features.
Clarington actions to Incorporate the 4 Rs in point E) of Strategic Plan, though
commendable, are something which are typically dealt with by the regional,
provincial and federal government, thus not a municipal directive (we know very
well this from experience with incinerator, StMarys Cement, etc..).
We need to add to Environmental Sustainability a second, more vital point to
state that we need to establish what action ANY development, whether
commercial, industrial, or residential would include in their proposals to
protect and preserve our natural environment, and what mitigation would be
applied if there would be possible release of pollutants/emissions.
Page 25
Transportation routes/cycling lanes and pedestrian trails should be addressed
there as well; additional points could be included like using more porous
material for roads to infiltrate runoff, planting trees along roads to create
shading, removal of invasive species, etc.) Adaptation to the existing conditions
is simply not enough. These conditions will only worsen by our not doing
anything.
Remember to think globally and act locally.
Libby Racansky
3200 Hancock Road
Courtice, ON L1E 2M1
Page 26
Page 27
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 28
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 29
Page | 3
That the meeting be adjourned at 7:49 p.m.
Next meeting: Thursday, September 23, 2021
Virtually – via Microsoft Teams
Page 30
Page | 1
Clarington Diversity Advisory Committee
Thursday, September 23, 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
Sajida Kadri
Rajeshwari Saharan
Yasmin Shafi
Councillor Ron Hooper
Also Present: Erica Mittag – Community Development Coordinator
Guest: Sarah Taylor – Accessibility Advisory Committee
Regrets: Laila Shafi
Dione Valentine
The meeting called to order at 7:05 p.m.
1. Land Acknowledgement Statement
Meera McDonald read the Land Acknowledgement Statement.
2. Declaration of Interest
No items to declare.
3. Review and Approval of Agenda
Moved by Yasmin Shafi, seconded by Lyndsay Riddoch.
That the agenda for the September 23, 2021 meeting be approved.
Carried
4. Introduction of members to guest Sarah Taylor
5. Review and approval of previous meeting minutes
Moved by Rachel Traore, seconded by Lyndsay Riddoch.
That the minutes from the June 24, 2021 meeting be approved.
Carried
Page 31
Page | 2
Moved by Councillor Hooper, seconded by Rachel Traore.
That the minutes of the September 2, 2021 meeting be approved.
Carried
6. Community Safety Council Update
Lyndsay provided an update that interviews were conducted by Municipality
representative and panelists.
Five candidates have been moved forward to Durham Regional Police
Services for review. Next steps are to reach out to candidates with an
update.
Currently remain three vacancies as not all Wards were represented.
Decision to be made on how to move forward with current candidates and / or
consider further recruitment via social media platforms.
7. Requests for Orange Crosswalk Representing Awareness of Indigenous
Communities
Residents brought forward a concept for a walkway that recognizes
Indigenous Communities. Looking for input from Committee.
Could consider temporary decals like what is being created for Remembrance
Day and installed at appropriate times throughout the year.
Committee suggested area of Temperance and Church Streets in
Bowmanville.
Associated costs would be reviewed and approved by Council. Would go
through the process and work through logistics and timelines.
Municipality of Clarington Public Works is reviewing and provided process if
we move forward.
Consult with Indigenous communities and whether this is a positive and
meaningful way of recognition.
Councillor Hooper shared that there is an existing mural in downtown
Bowmanville: Skywoman and Turtle Island
Moved by Rachel Traore, seconded by Yasmin Shafi
That Clarington's Diversity Advisory Committee supports a public recognition for our
Indigenous Communities in the form of a crosswalk or other meaningful way, in advance
of the National Day of Truth and Reconciliation in 2022, once consultation has occurred
with our local Indigenous community.
Carried
8. Council and Community Updates
Councillor Hooper shared the following updates:
Council passed a Motion to recognize National Day for Truth and
Reconciliation.
Page 32
Page | 3
Rollout of Vaccination Passport as of Sept 22, 2021. This is a new way of
business with Vaccination ID requirement. There have been some concerns
and people upset that it is being rolled out. Staff are trying to deal with it as
best we can. Guidance to please be patient and we are trying our best.
Congratulate and thank all the candidates who ran in the 2021 Federal
Election.
Virtual meeting being held regarding Bowmanville West End Development
which includes intensification. Residents will have an opportunity to raise
concerns and give feedback.
Erica Mittag shared the following updates:
National Day for Truth and Reconciliation Update:
o Social media plan is being developed to share stories of residential school
survivors, their families and communities
o Promote the free training from Indigenous Canada in partnership with the
University of Alberta
o Staff team will be wearing Orange Shirts to work on September 28, 2021
o Municipal Administrative Centre and several municipal recreation facilities
will be illuminated in Orange on September 30, 2021. Orange Ribbons
will be tied outside and residents will be welcome to add their own orange
ribbons
o Reached out to Indigenous groups and does have availability to hold an
event, Flags are all at half mast and will continue to be for foreseeable
future
o Virtual Lunch and learn for meaningful ways to pause and reflect on
National Day for Truth and Reconciliation for staff and SharePoint to share
resources
A Truth and Reconciliation Committee has been formed to provide
recommendations for the municipality to move forward with Reconciliation. This
Committee will work in consultation with Indigenous communities for
consultation.
Municipality is launching Language Line a new phone translation service for on
demand translation in over 240 languages including American Sign Language.
9. Symbols of Hate
Erica shared that over the last year, she has connected with colleagues in other
municipalities and found that many were working to address this concern.
Clarington, together with the cities of Oshawa, London, Hamilton, and Kingston
and Region of Durham is planning a virtual Anti-Hate Symposium for Friday,
December 10, 2021 (International Human Rights Day). It will be a full day event.
Some speakers include Dr. Barbara Perry, Dr. Andrew Campbell and Dr. Pam
Palmater and many more.
City of London is hosting the event on their Zoom platform. The target audience
is diversity, equity and inclusion colleagues in municipalities, Senior Leadership,
and Elected Officials from Ontario municipalities. The capacity is 500 guests.
Page 33
Page | 4
Erica requested that the Diversity Advisory Committee to act as sponsor of the
the Anti-Hate Symposium. Further information to be shared with the Committee
to make a decision at the October 28, 2021 meeting.
10. Update on Anti-Black Racism Subcommittee
Body-worn camera project is launching soon in Clarington. A member of the
Durham Regional Police Services is invited to the next Subcommittee meeting
being held on October 13 to respond to questions the Subcommittee might have.
Safe Schools presentation as possibility for the future.
Anti-Racism Policy is now being reviewed by Clarington diversity and inclusion
staff. Will be brought back to the Diversity Advisory Committee for a future
meeting. Policy would be approved by Senior Leadership and then shared with
Council for approval. Once approved, it would be rolled out.
Anti-Racism Strategy presentation has been drafted, with timelines and
categories for review and with approval from Diversity Committee would be
brought forward with anti-racism policy. Subcommittee members have reviewed.
To be shared with Committee members for input and discussion at next meeting.
11. Other Business
Valleys 2000 Trail from Bowmanville Avenue official ribbon ceremony has been
held and this is officially open. Reminder that crosswalk is also open.
Motion to Adjourn meeting moved by Meera McDonald, seconded by Lyndsay Riddoch.
That the meeting adjourn at 8:20 p.m.
Carried
Next meeting: Thursday, October 28, 2021, 7:00 p.m.
Virtually – via Microsoft Teams
Page 34
Newcastle Memorial Arena Management Board
Municipality of Clarington
Minutes of Meeting – Tuesday, September 14, 2021
(Not yet approved by committee)
In Attendance – Dave Bouma - Chair Bryan Wiltshire – Arena Manager ,
Councillor Granville Anderson, Shea-Lea Latchford, Todd Taylor, Jim Vison, Councillor
Margaret Zwart
Regrets – Shane Armstrong, Gary Oliver, Sue White
Meeting opened at 7:04 with lands acknowledgement
1. Agenda - Motion #21-020
Moved by Todd Taylor, seconded by Jim Vison THAT: The Agenda be accepted
as proposed.
CARRIED
2. Acceptance of Minutes - Motion #21-021
Moved by Dave Bouma, seconded by Jim Vison THAT: The minutes of August 17, 2021, be
approved.
CARRIED
Manager’s Report – Safety: Staff training on COVID protocol reviewed. First Aid and
Defibrillator training will be scheduled with the Municipality. Risk Management: An
inspection has been scheduled with Sue White. Rentals/Revenue: A couple of hours have
been turned back but Bryan has contacted previous users to see if there is any interest in
using the time slots. Invoices for Futuresign and Tim Hortons have finally been resolved,
payment will be received shortly. Repairs/Maintenance: The installation of the chiller is
complete, and all systems are in working order. All the painting required in the interior of
the building is complete. Bryan has once again reminded the Municipality that the trees
along the fence line have not been trimmed. The water heater has been replaced as well as
the fire box. The louvre vents are still an outstanding item with the Municipality.
Page 35
2.
Manager’s Report Continued
Staff: Of the four staff members, two have returned and two will need to be replaced. OFRA
Updates: Currently, there are no updates. Other: Facebook and the website have been updated.
3. Financial Report
Todd Taylor reported on the revenue and expenses and informed the Board that there was no
impact on our budget since we received the Municipal Relief Funding.
4. Risk Management – A walk though will be scheduled shortly.
5. New Business – Building/Maintenance – The Board’s “wish list” will be presented at the
next meeting with George Acorn. Olympia – deferred to October’s meeting GIC- deferred to
October’s meeting
6. Round Table – A round table discussion followed.
7. Adjournment – Motion #21-022– Moved by Todd Taylor, seconded by Sue White THAT:
The meeting be adjourned.
CARRIED
Next Board Meeting – Tuesday, October 19, 2021
Meeting adjourned at 7:35 p.m.
Page 36
Clarington Heritage Committee Minutes
September 21, 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
September 21, 2021, at 7:00 PM.
Members Present were: Peter Vogel, Victor Suppan, David Reesor, Councillor Ron
Hooper, Heather Graham, Noel Gamble, Bob Malone
(NVDHS)
Regrets: Myno Van Dyke (NVDHS alternate), Jason Moore (ACO),
Steve Conway, Katharine Warren (Museum), Ron Sproule
Staff Present: Faye Langmaid, Sarah Allin, Planning and Development
Services
Guests: None
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
21.35 By Consensus
That the Agenda be adopted, as amended, with the addition of the (i) former
Goodyear property update (ii) 2022 Ontario Heritage Conference, and (iii) Primrose
Hill Manor in Janetville added under New Business.
“Carried”
4 Adoption of Minutes of Previous Meeting
21.36 Moved by V. Suppan, seconded by Councillor Hooper
That the minutes of the June 15, 2021 Clarington Heritage Committee
meeting be adopted, with additional detail in Item 9.1 noting the Committee’s
recommendation to retain the mature Walnut trees on the property, that the interior
hand railing and newel post on the stair case be salvaged, and that the stained
glass window already removed from the home be photographed for record keeping
purposes.
“Carried”
5 Delegations/Presentations: None
Page 37
Clarington Heritage Committee Minutes
September 21, 2021
*Subject to Advisory Committee Approval*
- 2 -
6 Business Arising
6.1 4478 Highway 115/35 Request to Repeal Update
Council dealt with the report on this matter at its meeting on September 20 and
approved the recommendations of the report to refuse the application to repeal the
designation of 4478 Highway 35/115. A notice of decision will be sent out in
accordance with the provisions of the Ontario Heritage Act. Pursuant to the Act,
the property owner will have opportunity to object to the decision.
In accordance with the Committee’s July 20th Motion 21.34, a letter from the
Heritage Committee was sent out in August to Federal and Provincial authorities of
cultural heritage and insurance, and local municipal heritage committees in
Durham Region outlining the Committee’s concern surrounding the matter of
insuring heritage homes, and requesting action be taken to address the issues.
To date, the Financial Services Regulatory Authority of Ontario (FSRA) has
provided a response to the letter advising it is bound by legislation but does have a
mandate to change legislation. Staff will continue to provide updates as
information on this matter is received.
This item will be added to the agenda for the October meeting.
6.2 4504 Highway 2, Newtonville
Sub-committee members undertook a site visit to evaluate the property in July
2021 in response to a request for comments on Zoning By-law Amendment and
Site Plan applications to permit commercial uses and an addition. The evaluation
indicated the cultural heritage value or interest of the property is not enough to
warrant individual designation, the property contributes to the value of the group of
cultural heritage resources clustered in the core of historic Newtonville. The
evaluation included a recommendation to study the core of Newtonville for
designation as a cultural heritage conservation district.
Members of the CHC indicated no objection to the proposed alteration of the
building. However, such alterations should be designed to be sympathetic to the
heritage character of the building, and should avoid, for example, a brick bump out-
style addition to the front façade.
Staff indicated Council approved the zoning by-law amendment application at its
meeting on September 20th. The applicant will now be pursuing site plan approval.
The comments provided by the Heritage Committee will be considered as part of
the site plan process.
The evaluation will be presented to the Committee under the Project Reports
portion of the Agenda.
6.3 81 Scugog Street, Bowmanville
Letters have been sent to the property owner on two separate occasions in 2021
identifying concerns regarding the condition of the significant cultural heritage
Page 38
Clarington Heritage Committee Minutes
September 21, 2021
*Subject to Advisory Committee Approval*
- 3 -
attributes identified in the property’s designation by-law and inviting participation in
the Heritage Incentive Grant program to assist with the cost of the required repairs.
The annual letter regarding the opportunity to participate in the grant program was
also sent. To date, there has been no response to the correspondence and
Committee members have indicated it appears the condition of the property, and
the porch in particular, may result in a safety issue in addition to the deterioration
of the designated features.
This item will be added to the Heritage Committee’s October agenda.
21.37 Moved by V. Suppan, seconded by N. Gamble
That the Clarington Heritage Committee recommends that its concerns regarding
the condition of the designated heritage property at 81 Scugog Street, Bowmanville
be forwarded to By-law Enforcement for consideration.
“Carried”
7 Correspondence and Council Referrals: None
8 Reports from other Committees: None
8.1 Bowmanville, Newcastle, and Orono CIPs – No Report.
8.2 Architectural Conservancy of Ontario (ACO), Clarington Branch – ACO Annual
General Meeting is scheduled for September 28th at 7:00pm. Contact J. Moore for
invitation details.
8.3 Newcastle Village District Historical Society (NVDHS) – Work continues remotely
on the digitization project, as the Room continues to be closed.
8.4 Museum –The Museum was used as a cooling station during a portion of the
summer. The Museum is currently closed to the public; however, staff is taking
research requests by email.
8.5 Heritage Conservation District Advisory Committee – No Report.
8.6 Wilmot Creek Heritage Park – No Report.
9 Project Reports
9.1 Municipal Inventory/Register: The sub-committee undertook evaluations and
provided the following information for the Committee’s consideration
4504 Highway 2, Newtonville – the sub-committee undertook an evaluation of
the property to provide comments for consideration as part the development
application process. As part of the evaluation, the sub-committee considered
value to the community of the grouping of identified cultural heritage resources
Page 39
Clarington Heritage Committee Minutes
September 21, 2021
*Subject to Advisory Committee Approval*
- 4 -
within the historic core area of Newtonville at outlined in Item 6.2 and
recommends as follows:
21.38 Moved by V. Suppan, seconded by B. Malone
That the Clarington Heritage Committee requests Council consider moving forward
with a study for a Heritage Conservation District for the Newtonville historic core as
provided for by the Clarington Official Plan, and that staff work with the Heritage
Committee to identify possible boundaries of the Heritage Conservation District.
“Carried”
The Committee identified the B/A gas station in Newtonville is of cultural heritage
value or interest and would like to approach the property owner about a request for
National designation, indicating a similar property in Saskatchewan has received
this distinction. Staff provided a summary of the National designation process,
indicating consultation with the property owner would be the appropriate starting
point. The property will be added to the Committee’s October agenda for follow-up
once Committee members have had an opportunity to reach out to the owners to
introduce the idea.
1800 Rudell Road, Newcastle – Group 2 Evaluation; the property be
considered for addition to the Municipal Register
21.39 Moved by V. Suppan, seconded by B. Malone
That the Clarington Heritage Committee recommends to Council that the property
at 1800 Rudell Road, Newcastle be considered for addition to the Municipal
Register.
“Carried”
2433 Courtice Road, Courtice – Group 1 Evaluation; the property be
considered for designation under Part IV of the Ontario Heritage Act in
particular for the cultural heritage value or interest of the stone structure (stone
portion of the dwelling). Due to similarities with the stone structure located at
1738 Bloor Street, Courtice the sub-committee indicated the intent to revisit the
property considering the newly acquired information on the heritage value of
such structures.
21.40 Moved by V. Suppan, seconded by N. Gamble
That the Clarington Heritage Committee recommends to Council (i) that the
property at 2433 Courtice Road, Courtice be considered for designation under Part
IV of the Ontario Heritage Act, specifically identifying the stone structure, and that
Page 40
Clarington Heritage Committee Minutes
September 21, 2021
*Subject to Advisory Committee Approval*
- 5 -
(ii) the stone structure located at 1738 Bloor Street, Courtice be revisited and
evaluated for cultural heritage value or interest.
“Carried”
9.2 Outreach/Education Sub-committee:
Cultural Heritage Information Stations Initiative: The sub-committee will be
meeting in October and will provide an update to the Committee at a future
meeting.
10 New Business: None
10.1 Camp 30 Property Update: A recommendation report for the Camp 30 Official Plan
Amendment was presented at the Joint Committee meeting on September 13th.
Joint Committee deferred the report to the October 4th Planning and Development
Committee meeting to provide time to address a letter from an interested party.
10.2 Community Heritage Ontario Membership: The Committee’s membership requires
renewal for the value of $75.00.
21.41 Moved by V. Suppan, seconded by D. Reesor
That the Community Heritage Ontario annual membership be renewed for the
applicable fee.
“Carried
10.3 Ontario Heritage Conference: The 2022 Conference is planned to be an in-person
event in June 2022. Information will be circulated to Committee members.
10.4 Former Goodyear Property Update: The property is listed on the Municipal
Register and is being considered as part of the Bowmanville East Urban Centre
Secondary Plan update. The property owners had released misleading information
relating to the selling of shares in the property, but it is believed the information
has been removed from the website.
10.5 Primrose Hill Manor, Janetville: There will be a grand opening of the private
residence to showcase its restoration on October 16th. Information on the event
will be circulated to Committee members.
10.6 Parkview (153 King Avenue E.): Committee members have been working with the
property owner to fulfill a 2017 CHC motion to implement a commemorative
plaque on the site. The plaque has now been completed.
10.7 Clock from the (twice) Former Bowmanville Post Office: The clock was recently
sold at auction for the value of $3,000.
Page 41
Clarington Heritage Committee Minutes
September 21, 2021
*Subject to Advisory Committee Approval*
- 6 -
10.8 Trulls Homestead: The Municipal Inventory/Register sub-committee recently
visited the ruins of the original Trulls Homestead along the lakeshore, and
adjacent to a Municipal trail. Committee members expressed interest in an
Education/Outreach project to commemorate the area as a site along the trail.
Adjournment: 9:00 p.m.
Next Meeting: October 19, 2021, 7:00 p.m.
Page 42
NEWCASTLE COMMUNITY HALL BOARD
March 16 2021
Zoom 7 pm and Main Hall
Present Were: Barry Carmichael, Chair
Crystal Yaki
Janeen Calder - zoom
Henry Corvers
Granville Anderson – Regional Councilor - zoom
Marg Zwart – Local Councilor
Regrets From: Sierd DeJong
Also Present: Gabrielle Bell, Secretary
1. MINUTES
Moved by M. Zwart seconded by H. Corvers
That minutes of February 2021 are accepted as presented.
“Carried”
2. BUSINESS ARISING
a) Security System update – Rob Groen, Supervisor of Buildings and Property, Community
Services Dept. has forwarded a Privacy Impact Assessment for proposed surveillance
system. We have requested a copy of the Municipal Surveillance Policy for information.
H. Corvers had a number of questions regarding report:
- Do we have copy of video surveillance policy
- Should video be reviewed even if there is no detected damage since the video gets
deleted each 2 weeks
- If we are maintaining copies of video for 1 year, how are we storing it? Where are
we storing it? How do we review it later?
- If the police are involved, is 1 year retention long enough? What about legal
matters that could stretch out for longer than 1 year?
- Appendix A – shouldn’t arrow out of Copy of Footage Created go into Copy provided
to Clerks rather than out of Supervisor box?
- Are we really giving a copy to DRPS if we are doing an internal investigation? That is
what flowchart indicates.
- Who is accountable for ensuring DRPS and Clerk copies are destroyed?
Chair asked if H. Corvers would follow up with the Municipality for answers and report
back to the Board for consideration. H. Corvers has agreed to speak with our contact for
details. It is noted that our custodian S. Fogg does a check of outside of building daily as
part of job description. We also do a monthly inspection report, would it be advisable
to keep tapes for a month.
Page 43
b) Hotel California event – we have received new contract with cancellation deadline of
May 1 2021 with full refund. Decision to be made at April meeting to proceed or cancel
event.
c) Restoration Project update as per Rob Groen on schedule to be completed end of April
2021. Chair has spoken with company and has been assured that weather permitting
they will be working outside to complete project. Clock tower is close to completion.
d) Municipality has responded that they are issuing full refunds due to CoVid19 (see
attached)
e) Durham Lodge Lease – notes attached. Chair asking for permission to negotiate 1 free
weeknight rental or 2 at $350.00 each discounted from $700.00.
Motion by H. Corvers, seconded by J. Calder
That contract states for 2021 2 weeknight rentals at $350.00 discounted from normal
fee of $700.00 “Carried”
3. FINANCIAL REPORT
Moved by M. Zwart, seconded by H. Corvers
That financial report is accepted as presented. “Carried”
Balance in fundraising account $12,628.14
Request updated report on Trust Funds from Municipality
Budget request received from Municipality in the amount of $71,700.00 for 2021.
4. INVOICES
Motion by C. Yaki, seconded by M. Zwart
That invoices for Geek Girl Media $615.00 be paid as presented.
“Carried”
4. CORRESPONDENCE
a) Victory Sprayer recall –Chair will follow up with custodian to send information to company.
b) Capital Budget Request has been received in the amount of $71,700.00. A letter of thanks
will be sent to Council for their support.
c) Canadian Blood Services has let us know they will no longer be using the hall for clinics after
March 10 2021. The lighting and lack of A/C has been an issue for them. They have been
able to book Newcastle Baptist Church for future clinics.
d) Clarington Volunteer Nominations – M. Zwart suggested we nominate S. DeJong
5. RISK MANAGEMENT REPORT
Report has not been submitted for 3 months. Chair will follow up with S. Fogg
6. CUSTODIAL
a) Painting has begun – men’s washroom in main hall has been done
b) Woodwork has been touched up with stain to cover the worst marks. It has made quite a
difference in the appearance of the wood.
c) C. Yaki and secretary will review benefits package and ensure staff understand their options.
Page 44
7. NEW BUSINESS
a) Secretary brought up the need to update our website. It has not been updated since
inception in 2010. Quote from Geek Girl Media who currently maintains our domain
and site is attached. Emagine is also submitting a quote this week. H. Corvers will assist
with development of site.
b) CEWS – Board agreed to continue to apply for subsidy.
c) Future bookings - secretary has reported 3 showings last week with all 3 confirming
their dates. Secretary is informing new bookings going forward that no refunds due to
CoVid19, but no penalty to move date if necessary. We have 3 more showings in the
next 2 weeks.
d) J. Calder reported on meeting with BIA, they met with S. Brake Director of Operations
and discussed their assistance with installing Christmas lights. Would Board be
interested in lights permanently installed to be used for events throughout the year?
Although this would look great to be lit up for events, would all want this as some prefer
the Historic feel of the building.
e) Discussed capital expenditures for future – replacement of railing in main hall to be in
keeping with the historical nature of building.
f) Discuss committee for 100th celebration at April meeting to include projects.
g) C. Yaki will check with Historical Society on whether there is a plan to purchase
cupboard doors.
Motion by M. Zwart to adjourn at 8:42 pm
Page 45
NEWCASTLE COMMUNITY HALL BOARD
April 20 2021
Zoom 7 pm
Present Were: Barry Carmichael, Chair
Janeen Calder
Henry Corvers
Granville Anderson – Regional Councilor
Marg Zwart – Local Councilor
Regrets From: Sierd DeJong
Crystal Yaki
Also Present: Gabrielle Bell, Secretary
1. MINUTES
Moved by J. Calder, seconded by M. Zwart
That minutes of March 2021 are accepted as presented. “Carried”
2. BUSINESS ARISING
a) Security System update - nothing to report at this time.
b) Benefit Package – nothing to report at this time.
c) Hotel California event scheduled for Sept 24 2021, board agreed as it does not look like
we will be able to hold events by fall with upwards of 300 guests that we will cancel
event and request refund of deposit from 2020 booking that was moved due to
CoVid19.
d) Restoration Project, Chair Carmichael reported project is on schedule to be completed
first week of May.
e) Website updating, H. Corvers reported that G. Bell and himself have looked at quotes
from Emagine and our current provider Geek Girl Media. Website hosting by Emagine is
$30/MTh – Geek Girl is $615.00/yr. Emagine’s quote offers more expertise and
continuing support than Geek Girl. Recommended that we hire Emagine to revamp site
at a cost of $1500.00. C. Yaki will assist with rewrite of information on site.
Motion by H. Corvers, seconded by M. Zwart
That Emagine quote of $1500.00 is accepted for revamp of website. “Carried”
f) 100th Celebration Committee has been struck, invitations will be sent out to suggested
residents to be on committee.
g) B. Carmichael reported Historical Society would be purchasing an upper and lower set
of doors.
Page 46
3. FINANCIAL REPORT
Moved by J. Calder, seconded by G. Anderson
That financial report is accepted as presented. “Carried’
4. INVOICES
N/A
5. CORRESPONDENCE
a) Capital Budget Process instructions received from Community Development Department.
Key dates - April 30 to discuss capital projects with R. Groen and June 15 to submit forms to
Municipality. Chair B. Carmichael will meet with R. Groen this week to discuss a list of
capital projects for submission.
b) An email was received on March 17 2021 from Community Development on behalf of
Municipality of Clarington informing us that “Newcastle Community Hall has been awarded
$3000.00 in Operating Funding for 2021.” Check to follow by mail. Discussed how this
money would allocated. It was decided funds would be deposited to Operating account for
2021 expenses. Extra expenses this year not planned for – updating of website $1500.00,
possible garden expenses outside of regular mulch expense of $500.00 and repair of
fountain.
6. COVID19 Update
As per Provincial and Municipal directive Stay-at-Home order extended to 6 weeks. Community
Buildings to remain closed. All tenants have been advised. Information session meetings by
Community Development Dept. have been postponed due to extension.
7. RISK MANAGEMENT REPORT
Report received from S. Fogg for March. Received for information, report will be forwarded to
Municipality.
8. CUSTODIAL
Chair B. Carmichael reported S. Fogg has been progressing with painting of men’s/ladies
washrooms. Woodwork has been polished where needed. List of items will be updated and
added to for the next month.
9. NEW BUSINESS
a) Secretary reported the following cancellations received due to CoVid19 this past month:
- September 23 2022 $1737.00
- June 27 2021 $791.00
- May 1 2021 $500.00
- Sept 10 2022 $2318.75 cancellation has rebooked 3x due to CoVid19 and is
now requesting refund as they are moving out West. As refund is not totally due
CoVid19 it was agreed we would retain 50% of the cost of main hall only.
b) Water Fountain was damaged by children sitting in top portion. B Carmichael was passing
by and saw incident – told children to get out of fountain. This was posted on Facebook
with the hope that it does not happen again and to make the public aware fountain is not
for sitting in. Ken Ferguson from Operations will be taking a look at damage. B. Carmichael
Page 47
will discuss possibility of having automatic water feed to fountain and replace/repair the
spigots.
c) Chair B. Carmichael would like Board approval to form a sub committee to oversee the
maintenance of the gardens. The committee would be responsible for communicating with
the new contractor and Municipal staff to come up with a plan to simplify the gardens to
reduce the workload. Board would like gardens looking their best for 100th celebration in
2023. The committee would include 2 members of the Horticultural Society for their
expertise and knowledge of plantings.
Motion by M. Zwart, seconded by J. Calder
That a garden committee be struck to oversee the maintenance of gardens.
“Carried”
Motion by M. Zwart to adjourn 8:25 pm
Page 48
NEWCASTLE COMMUNITY HALL BOARD
May 18 2021
Zoom 7 pm
Present Were: Barry Carmichael, Chair
Janeen Calder
Henry Corvers
Marg Zwart – Local Councilor
Crystal Yaki
Regrets From: Sierd DeJong
Granville Anderson, Regional Councilor
Also Present: Gabrielle Bell, Secretary
1. MINUTES
Moved by J. Calder, seconded by M. Zwart
The minutes of April 2021 are accepted as presented. “Carried”
2. BUSINESS ARISING
a) Security System update - tabled
b) Benefit Package – secretary is working on access codes to work on line with C. Yaki
c) Restoration Project, Chair B. Carmichael reported he has met with R. Groen, Supervisor
Buildings and Properties this past week. Not all planned work was completed as there
was not enough money. The main focus was the clock tower and secondly the
brickwork. Any shortfall if any would be in brickwork. There is some lower brickwork
that did not get done. The remainder will be completed later this year. Scaffolding has
been removed and work area cleaned. R. Groen will supply pictures of before and after
so the public may see the work that was done.
d) Capital Budget, Chair B. Carmichael met with R. Groen, Supervisor Buildings and
Properties to discuss capital projects. The following items were suggested – Main hall
windows, main hall curtains, railing in main hall. Discussed an elevator for future
capital. After discussion the following motion was made.
Motion by H. Corvers, seconded by J. Calder
The following items are submitted for capital projects to the Municipality:
- Main hall windows
- Main hall curtains
- Railing in main hall
- Electrical – patio, parkette and office
- Air Conditioning
“Carried”
Page 49
e) Water Fountain, Chair reported he met with Tim Welsh, Buildings/Properties and
Enviroturf (who are contracted for irrigation system in garden) to discuss fountain.
Discussed waterline to fountain with an auto fill rather than bringing hose out from
basement which is time consuming. Replace centre spout and spigots with a copper.
Quote is $2808.00 from Enviroturf. Municipality will cover the cost of digging up and
replacing sidewalk to install the waterline to fountain. Timeline to be discussed with
contractor and Municipality.
Motion by M. Zwart, seconded by J. Calder
The quote from Enviroturf is accepted and work authorized on fountain.
“Carried”
3. FINANCIAL REPORT
- 11 events scheduled for 2021 with deposits of $16,515.75 (all but $285.00 of deposits were
received in 2019/2020)
- Outstanding balances for 2021 $3459.00
- 4 additional new events booked in 2021 but no deposits received as of May 15 2021
- 16 events scheduled for 2022 with deposits of $19,454.00 deferred deposits (All but
$3655.00 of deposits were received in 2019/2020)
- Total deposits being held $35,969.75
- Fundraising Account Balance $12,621.14
- Irene Rinch Fund balance $153,652.47 as of December 2020
- Montague Fund balance $10,566.78 as of December 2020
Moved by J. Calder, seconded by H. Corvers
That financial report is accepted with amendment to first two date entries in April and May.
Check why Bell Canada was paid twice in May. “Carried’
4. INVOICES
Motion by J. Calder, seconded by H. Corvers
That the following invoices be paid as presented
Paint $421.18
Primer $16.23
Paint/Brushes $101.81 “Carried”
5. CORRESPONDENCE
No correspondence received
Page 50
6. COVID19 Update
As per Provincial and Municipal directive Stay-at-Home order extended to June 2 2021
Community Buildings to remain closed. All tenants have been advised. Information session
meetings by Community Development Dept. have been postponed due to extension.
7. RISK MANAGEMENT REPORT
Not received
8. CUSTODIAL
Painting continues – presently working on hallways to main washrooms
9. NEW BUSINESS
a) Historical Society treasurer Sher Latooze requested access to room for the third time during
lockdown. It was suggested that we could obtain book and deliver it curbside to her. Sher
was not receptive to us assisting and became quite insistent that she be allowed into
building, quoting landlord tenant act (see attached emails). Access was arranged as there
were a number of items to be collected.
b) Horticultural Society has decided to cancel Plant Sale scheduled for May 22 2021 due to Stay
At Home Order
c) The following Sub Committees were approved by the Board
GARDEN COMMITTEE
Barry Carmichael
Pat Thexton
Eileen Parry
Jeany Barrett
Gabrielle Bell
100TH ANNIVERSARY COMMITTEE
Barry Carmichael – Liaison
Gabrielle Bell – Secretary
Theresa VanHaverbeke
Willie Woo
Fred Horvath
Myno VanDyke
Jane Black
Note: J. Calder had requested to be part of 100th Anniversary Committee previously,
apologies that this request was missed from the Chair. At this time J. Calder declined.
Motion to adjourn C. Yaki 8:10 pm
Page 51
NEWCASTLE COMMUNITY HALL BOARD
June 15 2021
Patio 6 pm
Present Were: Barry Carmichael, Chair
Janeen Calder
Henry Corvers
Marg Zwart – Local Councilor
Crystal Yaki
Sierd DeJong
Granville Anderson, Regional Councilor
Also Present: Gabrielle Bell, Secretary
1. MINUTES
Moved by C. Yaki , seconded by J. Calder
The minutes of May 2021 are accepted as presented. “Carried”
2. BUSINESS ARISING
a) Security System update – tabled
b) Benefit Package – C. Yaki has met with S. Fogg and gone over benefit package. He was
shown how to sign on and check benefits if he should desire to upgrade at his expense.
c) Fountain – Chair B. Carmichael would like to put forth that the fountain be turned into a
wishing fountain with signage that coins will be donated to a local charity i.e. Durham
Hospice in Clarington.
Motion by, seconded by
That a sign be purchased for $60.00 to indicate the fountain will be a wishing well for a
designated charity that may change from time to time. “Carried”
Motion by J. Calder, seconded by C. Yaki
That the wishing well coins be donated to Durham Hospice of Clarington for the time being.
“Carried”
3. FINANCIAL REPORT
Moved by H. Corvers , seconded by M. Zwart
That financial report is accepted as presented with correction to May 31 2020 entry to May 31
2021. “Carried’
Page 52
4. INVOICES
No invoices submitted
5. CORRESPONDENCE
a) Orono Times article on history of Bowling Alley received for information
b) Historical Society article by C. Yaki on behalf of Historical Society received for information.
c) Accessible parking spot – Chair B. Carmichael received notice from Municipality that an
accessible parking spot was to be allocated on King Avenue in front of the Hall. He has sent
them a response indicating this would not be the best place as we already have 2 accessible
spots in parking lot and King Avenue spots are used for bridal parties. J. Calder noted that
BIA requested spot be placed on south side of King Avenue.
6. COVID19 Update
Reopening meeting scheduled for June 16 at 1 – 2:30 pm by Community Development.
7. RISK MANAGEMENT REPORT
Received for information, copy will be submitted to Municipality. Window in main hall that was
damaged during masonry work will be replaced.
8. CUSTODIAL
Chair B.Carmichael will have S. Fogg concentrate o n the inside of hall for the next month so we
are ready for reopening. Hall should be presentable at all times.
9. NEW BUSINESS
a) Support for Hall/Arena Boards – notification from Municipality to apply for CoVid relief
funds up to $60,000.00. We will put in application.
b) Assistance phone numbers to be posted – secretary asked for permission to post hall board
members phone numbers on front and side door for assistance should anyone that is
scheduled to enter building have difficulty getting in after hours. Secretary will request hall
keys from R. Malone for H. Corvers.
c) Girl Guides of Canada is requesting regular rental of Centennial Room on Tuesday and
Wednesday evenings for 2 hours. They are unable to pay the one off rate of $75.00 per use.
Motion by H. Corvers, seconded by M. Zwart
That the Centennial Room be made available to Girl Guides for Tuesday and Wednesday
evenings on a one year contract for $125.00/month. Room is to left with all tables/chairs
replaced and clean. “Carried”
Motion by M. Zwart to adjourn at 7 PM
Page 53
NEWCASTLE COMMUNITY HALL BOARD
September 28 2021
Main Hall 7 pm
Present Were: Janeen Calder
Henry Corvers
Marg Zwart – Local Councilor
Crystal Yaki
Sierd DeJong
Granville Anderson, Regional Councilor
Regrets From: Barry Carmichael
Also Present: Gabrielle Bell, Secretary
In the absence of Chair B. Carmichael, H. Corvers stepped in to chair meeting.
1. AGENDA
Moved by C. Yaki, seconded by M. Zwart
To accept agenda as presented with the following additions:
To add Christmas lights to correspondence
Flag pole to New Business
“Carried”
2. MINUTES
Moved by S. DeJong, seconded by C. Yaki
The minutes of May 2021 are accepted as presented.
“Carried”
3. BUSINESS ARISING
a) Security System update - tabled
b) Accessible Parking Spot suggested by Town was discussed, there seems to be confusion
about location. Is it at east corner or by cenotaph on Mill Street? M.Zwart will
communicate with K. Heathcote, Public Works for clarification. The Board would prefer
location is not in front of Hall on North side of road. It was previously suggested to
locate spot on South side of Mill Street as both CIBC and Hall have accessible spots in
their respective parking lots.
c) Girl Guides have been able to obtain funding to go ahead with rental of Centennial
Room. However, with new Proof of Vaccination requirements they are waiting for their
head office to let them know how this will roll out for them.
d) Request for funding from the Town by Newcastle BIA, for lighting at Christmas on front
of Newcastle Hall has been denied.
4. FINANCIAL REPORT
Page 54
Moved by G. Anderson, seconded by J. Calder
That financial report is accepted as presented. “Carried”
5. INVOICES
No invoices submitted
6. CORRESPONDENCE
a) Notice from Municipal Financial Services Dept. received indicating Budget is due by
Nov 12 2021 – received for information.
b) Email received asking that clock tower be shut off at night. This issue will be
referred to the Municipality for direction by M. Zwart.
7. COVID19 Update
a) Contact tracing and active screening discussion. H. Corvers commented on Elections
Canada’s staffs’ lack of active screening. He was directed to sit in kitchen and come
out periodically to check by election staff. We are held accountable by Ministry and
Durham Health to make sure contact tracing/active screening is being performed.
b) Addendum to Permits/Leases – Secretary had prepared document, but the Town
has indicated they will share theirs in next few days.
c) Proof of Vaccination requirements discussed and it is felt strongly that the
Municipality should be covering the cost of hiring security for this duty. This is not
something that should be done by volunteers or staff not trained in confrontation
that could possibly occur.
8. RISK MANAGEMENT REPORT
Not received
9. CUSTODIAL
Moved by J. Calder, seconded by C. Yaki
That meeting go in camera “Carried”
10. NEW BUSINESS
a) Horticultural Society Display Case - tabled
b) Roof Repairs scheduled for April 11 – May 6 2022. We have 2 events at end of April
for Masonic Lodge. Wedding scheduled for May 7 2022. The question was raised
will this cause a smell? This will be referred back to R. Groen, Community
Development for clarification. Secretary instructed to notify clients of this project
and possibility they will not have access to the parking lot.
c) Lions and Early Years Leases
Motion by M. Zwart, seconded by G. Anderson
That Lions rent will be increased by 5% and Early Years 2% for current year.
“Carried”
S. DeJong abstained
d) Supervision of events – discussed hiring security for all new bookings, fee will need
to be set. Questions to be answered
a) Should person be bonded that collects this personal information?
Page 55
b) Request emergency meeting with Director of Community Services George Acorn to
discuss feasibility of keeping doors open with new guidelines. M. Zwart will arrange
this.
e) Scouts Canada is asking for rental of Centennial Room 2x per week at $100.00/wk.
Board agreed we would follow decision made for Girl Guides.
f) Concert in the Park - tabled
g) Early On would like to have blinds replaced in their room – quote will be obtained
h) Early On will be using the main hall to meet 3x per week for October and November.
Participants will enter from the parking lot. No strollers will be permitted inside.
During bad weather shoes/boots will be removed prior to stepping onto hardwood
floor. We will supply carpets for outdoor shoes.
i) Lions Piano needs to be removed from Centennial Room - tabled
j) Cancellations received this since June are
Nov 13 2021 – due to proof of vaccination requirements - $500.00 deposit retained
Oct 10 2021 – due to family circumstances - $500.00 deposit retained
Oct 16 2021 – due to CoVid uncertainty - $1450.00 deposit returned as this was
originally a Sept 2020 booking that moved due to CoVid19.
Aug 21 2021 – due to CoVid and job situation (notified July 27 2021) – deposit
$1341.50 retained due to short notice of cancellation.
Aug 28 2021 – due to CoVid – paid balance $1895.00 retained as original booking
Aug 2020 was cancelled due to CoVid, refund of $1101.75 was given and new
booking created.
l) Flag for cenotaph needs to be replaced. M. Zwart will request from Phillip Lawrence’s
office.
Motion by C. Yaki, seconded by M. Zwart to adjourn at 9:15 pm
Page 56
CLARINGTON TOURISM ADVISORY COMMITTEE
Notes of Discussion
August 31, 2021 9AM
Teleconference
Members Present:
Fred Archibald, Chair
Petra Schwirtz
Laura Holmes
Christine McSorley
Rita Smith
Marsha Carbon
Bonnie Wrightman, CBOT
Councillor Ron Hooper
Regrets:
Amy Verwey
Evan King
Staff:
Ashlee Kielbiski, Temporary Tourism Coordinator and Staff Liaison
Jessica Ward, Tourism Programmer
1. Call to Order
o Meeting was called to order 9:04 AM
2. Adoption of Agenda
Moved by, Rita Smith, seconded by, Christine McSorley
That the agenda for August 31, 2021 be adopted. Carried
3. Approval of June 8, 2021, Meeting Minutes
Moved by, Petra Schwirtz, seconded by, Christine McSorley:
That the meeting minutes of June 8, 2021 be approved. Carried
Page 57
4. Pecuniary Interest/Conflict of Interest
o N/A
5. Update on Summer pop ups
o Thank you to members who volunteered time to assist at the events
o Over three hundred surveys were completed over the four popups, seeing
approximately 1,000+ people
o Feedback received was overwhelmingly positive. Many residents were
introduced to new aspects of Clarington, and many visitors were in Clarington for
the first time.
o Many visitors from Quebec, the GTA and a handful from England, Ireland who
were visiting friends and family who live in Clarington
o Providing the Canadian flag for community members to sign to recognize our
Canadian Olympic atheletes in Tokyo was received positively. We received
feedback that people came specifically to the Clarington Farmer’s Market after
seeing on Facebook that their was a flag to sign.
o Positive feedback on ‘Clarington is Home’ t-shirts.
o We used the popups as an opportunity to repurpose the Canada Day pancake
breakfast bags, and residents very much appreciated it, as they were looking
forward to the breakfast bags and there were many inquiries.
o Survey results indicated people overwhelmingly want to receive tourism
information via Facebook and email.
o We are starting a resident/visitor newsletter to connect with this audience
and share all that Clarington offers on a seasonal/monthly basis
o TAC suggests two emails per month instead of one long one.
TAC suggests timing of emails be related to key tourist interests such as
apple picking, pumpkin picking, Christmas
o TAC advises that harvest time is central to ever culture on earth. This is a
great time to promote Clarington
6. Fall Plans: Marketing, Pop Ups, Gates Open
Pop Ups: Based on the success of the summer pop ups, we are reaching out to local
farms that offer PYO apples/pumpkins
o Archibald’s and Pingles have confirmed
o Our goal is to survey true visitors at these locations
o We will survey to gather data, provide local information, and hand
out branded reusable Clarington bags.
Gates Open: waiting on confirmation from Durham Tourism and Durham Farm Fresh on
which Clarington farms are participating.
o We will offer our assistance – perhaps pop up at a location or two.
o TAC support will be needed
o Update: this event has been cancelled due to increasing COVID
numbers and Durham Region Health requirements
Marketing: as lockdown was lifted and the world started opening up a bit, we started
looking at ways to bring tourists into town while also continuing to connect with our
community
Page 58
To reach the Toronto market:
o We placed an advertorial in Adamo Nest lifestyle condo magazine. The
recipients of this magazine have at least 1 or 2 vehicles, enjoy travel and
day trips. The ad also ran in all condo elevators for one month
o Placed an advertorial in Horizon magazine. This also included a short
video at Yonge and Dundas Square and on the Gardiner Express Way.
o Collaborated with a Toronto influencer @tofinest to explore Clarington,
create content and do a social media giveaway.
Businesses highlighted were Pingles, Roam Coffee, The Toasted
Walnut, and Food Truck Alley. The video created received over
60,000 views on social media in the first week
The Weekend Route: We collaborated on a dedicated route, “Apples, Corn Mazes and
Sweet Treats.”
We are working to bring Destination Ontario to Clarington to capture content for their
website and for us to use as well.
7. Roundtable
Back to school is hard on kids and hard on families. A focus on getting away from
screens and into nature. Clarington has so many options to get off your
tablet/screens.
New residents in Clarington are asking Facebook community groups where the
best x,y,z are found in Clarington. Need to push them to our website and social
networks
What is the best way to communicate with new residents?
The popups introduced people to aspects of Clarington that they were unaware
of.
People are spending their money at restuarants and enjoying patios.
Courtice waterfront – people are very excited about the expansion
Bowmanville BIA hosted a sidewalk sale and saw so many people come out and
support the local businesses. People are excited to get back out
Clarington saw over 20 businesses start in 2020 during the pandemic. This year,
25 have opened. Seeing diversity in the new businesses. The community is
commenting positively that they can find some products in Clarington now when
before they had to drive to Toronto. There were some closures, but not as many
as expected.
New cannibas businesses have brought 250 new jobs
Seeing many new customers who are new to Clarington. Many new customers
driving from all over GTA.
Farms have been favoured during the pandemic because they are outdoors and
have lots of space. People have felt very safe to experience the farms.
Geissberger cider not has a hard cider
What is the economic benefit to bringing in all these new people/visitors. How
can they best support the economy
Opportunity at Tooley Mills park once the trail is complete
Page 59
Potential new survey questions: Are you likely to come back to Clarington? What
else are you likely to visit? How much do you spend on average?
8. OBIAA Update, if available
o Significant funding is/has being made available during COVID19. Rather
than the BIA and Municipality both put in applications, is there a way to do
one together.
9. Date of next meeting:
Date to be confirmed and Ashlee Kielbiski to send information early October
10. Motion to adjourn
Moved by Christine McSorely, seconded by Petra Schwirtz. Carried.
The meeting concluded at 10:36 a.m.
Page 60
Audit and Accountability
Minutes
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date: September 28, 2021
Time: 9 :30 AM
Place: Held Virtually via Microsoft Teams
Present: Mayor Foster, Councillor Hooper, Councillor Neal
Staff Present: Trevor Pinn, Catherine Carr, Heather Lynch, Michelle Pick, David
Ferguson (joined at 9:40 AM)
1. Call to Order
Councillor Neal called the meeting to order at 9:30 AM
2. Land Acknowledgement Statement
Councillor Hooper recited the Land Acknowledgement statement.
3. Declarations of Interest
There were no disclosure of interest stated at this meeting.
4. Adoption of Minutes of Previous Meeting(s)
Resolution #AAC-020-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That the minutes from the Audit and Accountability Committee held August 4, 2021 be approved.
Carried
5. Presentations
Catherine Carr, Manager of Internal Audit gave a verbal update.
6. Delegations
6.1 none
Page 61
Audit and Accountability Committee – September 28, 2021
7. Communications – Receive for Information
Resolution #AAC-021-21
Moved by Mayor Foster
Seconded by Councillor Hooper
The Investment compliance memo dated August 25, 2021 be received for information.
Carried
Resolution #AAC-022-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That the memo from Director of Financial Services dated September 10, 2021, PSAB Update be
received for information.
Carried
8. Items for Direction
Resolution #AAC-023-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That Report IAS-003-21, Financial Update to June 30, 2021, be received for information.
Carried
Recommendation to Council #1
That Report IAS-003-21, Financial Update to June 30, 2021 be approved.
9. Other Business
Resolution #AAC-024-21
Moved by Mayor Foster
Seconded by Councillor Hooper
Report FSD-036-21, Purchasing By-law
That Report FSD-036-21 be referred back to Council and that the Director of
Financial Services prepare a memo for Council, providing threshold options for bid
types and limits, for consideration.
Carried
Page 62
Audit and Accountability Committee – September 28, 2021
Recommendation to Council #2
That the Director of Financial Services provide a memo in regards to threshold options for bid
types and limits for consideration by Council, in regards to Report FSD-036-21.
10. Adjournment
Resolution #AAC-025-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That the meeting adjourn at 10:23 AM
Page 63
1
If this information is required in an alternate format, please contact the
Accessibility Co-ordinator at 905-623-3379 ext. 2131
General Government Committee
Minutes
Date:
Time:
Location:
September 27, 2021
9:30 a.m.
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor M. Zwart
Regrets: Councillor C. Traill
Staff Present: A. Allison, J. Newman, L. Patenaude, G. Acorn, S. Brake, R.
Maciver, T. Pinn, M. Perini
Other Staff Present: F. Langmaid, J. MacLean
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 9:30 a.m.
2. Land Acknowledgement Statement
Councillor Hooper led the meeting in the Land Acknowledgement Statement.
3. Declaration of Interest
Mayor Foster declared a direct interest in Item 9.1, Confidential Report CAO-007-
21 Spry Avenue Disposition.
4. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
Mayor Foster left the meeting and Councillor Neal assumed the chair.
Page 64
General Government Committee Minutes September 27, 2021
2
5. Presentations/Delegations
5.1 Yasir Majid and Dr. Naveed Tariq, Regarding a Request for Cricket Ground
in Courtice
Yasir Majid and Dr. Naveed Tariq were present regarding a Request for a Cricket
Ground in Courtice. Mr. Majid provided an overview of tapeball cricket and
outlined the cricket ground size and pitch requirements. He compared the overall
regional cricket grounds and leagues, highlighting that Durham currently does not
have any dedicated cricket grounds.
Suspend the Rules
Resolution # GG-438-21
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
Mr. Majid explained that a cricket ground is needed because they currently play
in school yards or parking lots. He added that a cricket ground will create a more
organized place to play, provide the ability to run cricket events for locals, and
have no disturbance for the neighbourhood. Mr. Majid and Mr. Tariq answered
questions from members of Committee.
Resolution # GG-439-21
Moved by Councillor Jones
Seconded by Councillor Anderson
That Item 5.1, Delegation of Yasir Majid and Dr. Naveed Tariq, Regarding a
Request for a Cricket Ground in Courtice, be referred to Staff to report back on
the options for cricket grounds in Clarington and to consult with our community
partners including school boards.
Carried
5.2 Mark Hughey, Canadian Nuclear Laboratories (Port Hope Area Initiative),
Regarding Port Granby Project Annual Update
Mark Hughey, Nuclear Laboratories, General Manager, Port Hope Area Initiative,
was present regarding Port Granby Project Annual Update. Mr. Hughey provided
the background on his role and experience with the Port Granby project. He
provided an overview of their Covid-19 safety protocols and return to field work
timeline. Mr. Hughey stated that they've completed the Port Granby engineered
storage mound and that they've transferred the final truck load of waste to the
new facility.
Page 65
General Government Committee Minutes September 27, 2021
3
He stated that they have received incredible support from the Municipality of
Clarington's Council and Staff and is looking forward to continuing the strong
relationship. He provided an overview of the project, the timeline, and completed
milestones. Mr. Hughey displayed photos of the mounds cap and close and
provided an overview of the Port Granby Wastewater Treatment Plant.
Suspend the Rules
Resolution # GG-440-21
Moved by Councillor Anderson
Seconded by Councillor Jones
That the Rules of Procedure be suspended to extend the delegation for an
additional 2 minutes.
Carried
Mr. Hughey provided an overview of the Lakeshore Road realignment. He
explained the next steps of the project and an overview of Phase 3 - long-term
monitoring. Mr. Hughey explained their nature preserve proposal and licence
renewal and added that any member of the public can send their comments
regarding their licence renewal.
Resolution # GG-441-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Delegation of Mark Hughey, Canadian Nuclear Laboratories (Port Hope
Initiative), regarding Port Granby Annual Update, be received with thanks.
Carried
5.3 Mike Brannan, Regarding a Request for an All-Way Stop Sign at the
Intersection of Devondale St. and Firwood Ave. in Courtice
Mike Brannan was present regarding a Request for an All-Way Stop Sign at the
Intersection of Devondale St. and Firwood Ave. in Courtice. Mr. Brannan
expressed his concerns regarding the safety of his family and
neighbourhood. He explained that he has been advocating for the stop signs
since 2019 and is disappointed that nothing has been done. Mr. Brannan
outlined his safety concerns, provided examples of near accidents at the
intersection, and answered questions from Members of Committee.
Resolution # GG-442-21
Moved by Councillor Jones
Seconded by Councillor Anderson
That Staff be directed to install an all-way stop sign, as soon as possible, at the
intersection of Devondale St. and Firwood Ave. in Courtice.
Carried as Amended Later in the Meeting
Page 66
General Government Committee Minutes September 27, 2021
4
Amendment:
Resolution # GG-443-21
Moved by Councillor Jones
Seconded by Councillor Hooper
That the foregoing resolution #GG-442-21 be amended by adding the following
after paragraph 1:
That a by-law to amend By-law 2014-059 to Regulate Traffic and Parking
on Highways, Private Property and Municipal Property, to approve this
change, be brought forward to the October 18, 2021, Council meeting.
Carried
Main Motion as Amended:
Resolution # GG-444-21
Moved by Councillor Jones
Moved by Councillor Anderson
That Staff be directed to install an all-way stop sign, as soon as possible, at the
intersection of Devondale St. and Firwood Ave. in Courtice; and
That a by-law to amend By-law 2014-059 to Regulate Traffic and Parking on
Highways, Private Property and Municipal Property, to approve this change, be
brought forward to the October 18, 2021, Council meeting.
Recess
Resolution # GG-445-21
Moved by Councillor Jones
Seconded by Councillor Hooper
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 11:02 a.m. with Mayor Foster in the Chair.
6. Reports/Correspondence Related to Presentations/Delegations
7. Communications
Resolution # GG-446-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Communication Items 7.1 and 7.2, be received on consent , with the
exception of Item 7.2.
Carried
Page 67
General Government Committee Minutes September 27, 2021
5
7.1 Minutes of the Historic Downtown Bowmanville Business Improvement
Area dated May 11, 2021, and June 8, 2021
Resolution # GG-447-21
That Communication Item 7.1, Minutes of the Historic Downtown Bowmanville
Business Improvement Area dated May 11, 2021, and June 28, 2021, be
received for information.
7.2 Michael Harris, P. Eng., Project Engineer, Region of Durham, Regarding a
Request for Noise By-law Exemption for October 14, 2021, to November 5,
2021
Resolution # GG-448-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Communication Item 7.2, Michael Harris, P. Eng., Project Engineer, Region
of Durham, Regarding a Request for Noise By-law Exemption for October 14,
2021 to November 5, 2021, be referred to the October 18, 2021 Council meeting ;
and
That Staff request additional information from the Region of Durham.
Carried
8. Staff Reports, Staff Memos and New Business Consideration
8.1 Emergency and Fire Services
Councillor Zwart chaired this portion of the meeting.
8.1.1 ESD-003-21 Automatic Aid Agreement – Oshawa Fire Services – Highway
401 Update
Resolution # GG-449-21
Moved by Councillor Hooper
Seconded by Mayor Foster
That Report ESD-003-21 and any related communication items, be received;
That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement
with Oshawa Fire Services, Attachment 1 to Report ESD-003-21; and
That all interested parties listed in Report ESD-003-21 and any delegations be
advised of Council’s decision.
Carried
8.2 Community Services
Mayor Foster chaired this portion of the meeting.
Page 68
General Government Committee Minutes September 27, 2021
6
8.2.1 Memo from Erica Mittag, Staff Liaison to the Diversity Advisory Committee,
Regarding National Day for Truth and Reconciliation
This matter was considered at the September 20, 2021 Council Meeting.
8.2.2 New Business - Community Event Celebrations (Councillor Zwart)
Resolution # GG-450-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
Whereas since early 2020 our ability to gather, connect and celebrate in person
has been impacted by COVID-19 and this social isolation can have negative
effects on our sense of belonging and mental health.
And Whereas our local Community Halls, which are operated by volunteer
boards, allocate funds raised through special events to support their operating
expenses and some larger projects.
And Whereas, when it is safe to do so, a coordinated community wide event
involving satellite offerings in our various communities, involving local Hall
Boards, Business Improvement Areas and community groups, will provide an
opportunity for neighbours - both urban and rural, friends and business owners to
celebrate their support for one another throughout the pandemic;
Therefore be it resolved that the Council of the Municipality of Clarington allocate
funds to support these events throughout Clarington and that staff be directed to
support the planning of such events, tentatively scheduled at some point prior to
May 31, 2022 with appropriate community partners, and further, approve
$36,000 from the Tax Rate Stabilization Reserve Fund (with funds Received from
the Province of Ontario through the COVID-19 Recovery Grant) to support some
Community Celebration events throughout Clarington.
Yes (3): Mayor Foster, Councillor Hooper, and Councillor Zwart
No (3): Councillor Anderson, Councillor Jones, and Councillor Neal
Absent (1): Councillor Traill
Motion Lost on a recorded vote (3 to 3)
later in the meeting, see following motion.
Recess
Resolution # GG-451-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Committee recess for 10 minutes to address technical issues regarding
the audio and video of the live stream.
Carried
Page 69
General Government Committee Minutes September 27, 2021
7
The meeting reconvened at 11:28 a.m. with Mayor Foster in the Chair.
Resolution # GG-452-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Committee recess for their one hour scheduled break at 11:30 a.m. to
address technical issues regarding the audio and video of the live stream.
Carried
The meeting reconvened at 12:30 p.m. with Mayor Foster in the Chair.
The foregoing Resolution #GG-449-21 was then lost on a recorded vote.
8.2.3 New Business - Provincial Funding for Community Celebrations (Councillor
Zwart)
Resolution # GG-453-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
Whereas the Provincial Government has provided funding throughout the
COVID-19 Pandemic to promote economic recovery;
And whereas since March 2020 the ability for communities to gather and
celebrate in person has been impacted by COVID-19 and social isolation can
have negative effects on our sense of belonging and mental health;
And whereas all Clarington residents would benefit from community celebrations
aimed at strengthening communities and building sustainable community hall and
arena boards;
Therefore, be it resolved that the Council of the Municipality of Clarington does
hereby request and advocate that the Province of Ontario develop funding
opportunities for Municipalities and local groups to develop and implement local
community celebrations to reconnect with their community.
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)
8.3 Legislative Services
Councillor Jones chaired this portion of the meeting.
Page 70
General Government Committee Minutes September 27, 2021
8
8.3.1 LGS-023-21 Election Signs
Resolution # GG-454-21
Moved by Councillor Neal
Seconded by Councillor Zwart
That Report LGS-023-21, and any related communications, be received;
That the By-law attached to Report LGS-023-21, as Attachment 1, be approved;
and
That all interested parties listed in Report LGS-023-21 and any delegations be
advised of Council’s decision.
Carried
8.3.2 LGS-025-21 Increased Penalties for Road Occupancy Violations
Resolution # GG-455-21
Moved by Mayor Foster
Seconded by Councillor Neal
That Report LGS-025-21 be received;
That the By-laws attached to Report LGS-025-21, as Attachment 1 and 2, be
approved; and
That Staff implement the additional measures described in Report LGS -025-21.
Carried
8.3.3 New Business - Veteran Parking (Councillor Zwart)
Resolution # GG-456-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
Whereas the Ministry of Transportation, in cooperation with the Royal Canadian
Legion, offers the opportunity for an Ontario Veteran Plate (i.e. “poppy plates”) to
be issued to any person who has honourably served in:
Served in the Canadian Armed Forces, including Reserve Forces, the forces
of the Commonwealth, or its wartime allies;
Served in the Merchant Navy or Ferry Command during wartime;
Currently serving members of the Canadian Forces including Reserve
Forces;
Served in NATO operations or as a member of United Nations peacekeeping
force as a member of a Canadian police service;
Currently serving or retired members of the Royal Canadian Mounted Police;
Page 71
General Government Committee Minutes September 27, 2021
9
Served in the Vietnam War in the forces of the United States or its allies
during this war and who was a Canadian citizen at the time of such service.
And whereas the Council of the Municipality of Clarington deems it appropriate to
acknowledge the services of our veterans;
Now therefore be it resolved that Staff be directed to prepare a n amendment to
the Traffic By-law 2014-059 to exempt vehicles bearing a Province of Ontario
Veteran's plate, from the payment of parking fees, substantially as follows:
The provisions of this by-law, regulating the payment of fees for parking
meters on municipal roadways, shall not apply to persons in respect to
parked vehicles bearing a valid authorized Province of Ontario Veteran
Licence Plate.
Carried
8.3.4 New Business - Anaerobic Digestor Environmental Assessment (Councillor
Neal)
Resolution # GG-457-21
Moved by Councillor Neal
Seconded by Councillor Anderson
That Clarington provide all necessary information to the MECP in order that they
can give due consideration to ordering an Environmental Assessment for the
anaerobic digester.
Carried
Recess
Resolution # GG-458-21
Moved by Councillor Anderson
Seconded by Mayor Foster
That the Committee recess for 15 minutes.
Carried
The meeting reconvened at 1:27 p.m. with Councillor Jones in the Chair.
8.3.5 New Business - 2023 Mayor's Levy (Councillor Zwart)
Resolution # GG-459-21
Moved by Councillor Zwart
Seconded by Mayor Foster
Whereas the Newcastle Community Hall will be celebrating their 100th
anniversary in 2023;
And whereas the Municipality of Clarington is supportive of this milestone;
Page 72
General Government Committee Minutes September 27, 2021
10
And whereas planning has begun for the anniversary, and they are looking for
certainty in the event planning process;
Now therefore be it resolved that the Municipality of Clarington commits to
holding the 2023 Mayor’s Levy at the Newcastle Community Hall to help kick off
their anniversary celebrations.
Carried
8.4 Financial Services
Councillor Neal chaired this portion of the meeting.
8.4.1 FSD-040-21 2022 Budget Guidelines
Councillor Neal asked Mayor Foster to chair this portion of the meeting.
Resolution # GG-460-21
Moved by Councillor Jones
Seconded by Councillor Neal
That Report FSD-040-21 and any related communication items, be received;
That Staff prepare a draft budget with a target municipal increase of 1.7 per cent;
That Staff include within the draft budget requests for funding from external
agencies up to a maximum of 1.7 per cent;
That the 2022 budget schedule, as outlined within Report FSD-040-21, be
approved; and
That all interested parties listed in Report FSD-040-21 and any delegations be
advised of Council’s decision.
Yes (2): Councillor Jones, and Councillor Neal
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
Absent (1): Councillor Traill
Motion Lost on a recorded vote (2 to 4)
later in the meeting, see following motion
Resolution # GG-461-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Rules of Procedure be suspended to allow Members of Committee to
speak to the foregoing Resolution #GG-460-21 for a second time.
Carried
The foregoing Resolution #GG-460-21 was then lost on a recorded vote.
Page 73
General Government Committee Minutes September 27, 2021
11
Resolution # GG-462-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Report FSD-040-21 and any related communication items, be received;
That Staff prepare a draft budget with a target municipal increase of 3.5 per cent;
That Staff include within the draft budget requests for funding from external
agencies up to a maximum of 3.25 per cent;
That the 2022 budget schedule, as outlined within Report FSD-040-21, be
approved; and
That all interested parties listed in Report FSD-040-21 and any delegations be
advised of Council’s decision.
Yes (3): Mayor Foster, Councillor Anderson, and Councillor Hooper
No (3): Councillor Jones, Councillor Neal, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost on a recorded vote (3 to 3)
Resolution # GG-463-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report FSD-040-21 and any related communication items, be received;
That Staff prepare a draft budget with a target municipal increa se of 3.95 per
cent;
That Staff include within the draft budget requests for funding from external
agencies up to a maximum of 3.30 per cent;
That the 2022 budget schedule, as outlined within Report FSD-040-21, be
approved; and
That all interested parties listed in Report FSD-040-21 and any delegations be
advised of Council’s decision.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (2): Councillor Jones, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 2)
Page 74
General Government Committee Minutes September 27, 2021
12
8.4.2 FSD-041-21 Award of Contracts During Council Recess
Councillor Neal chaired this portion of the meeting.
Resolution # GG-464-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report FSD-041-21 be received for information.
Carried
8.4.3 FSD-042-21 2021 Financial Policy Updates
Resolution # GG-465-21
Moved by Mayor Foster
Seconded by Councillor Anderson
That Report FSD-042-21 be received; and
That the Debt Management Policy attached to Report FSD-042-21, as
attachment #1, be approved.
Carried
8.4.4 FSD-043-21 Surplus/Deficit Policy
Resolution # GG-466-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report FSD-043-21 be received; and
That the Surplus/Deficit Policy attached to Report FSD-043-21, as attachment 1,
be approved.
Carried
8.4.5 FSD-044-21 Snow Clearing Services
Resolution # GG-467-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report FSD-044-21 be received;
That GWS Landscaping Inc. having met all terms, conditions and specificati ons
of CL2021-24 be awarded the contract for an initial three-year term for Snow
Clearing Services for Municipal Facilities, Parking Lots, Sidewalks/Walkways,
Crosswalks, Laneways, Trails/Pathways and Boulevard Snow Removal,
throughout Courtice, Bowmanville, Newcastle & District Rural Areas;
Page 75
General Government Committee Minutes September 27, 2021
13
That the funds required for the first-year term in the amount of $1,003,711.59
(Net HST Rebate) be drawn from the respective operating budgets;
That the Purchasing Manager in consultation with the Director of Public Wor ks be
authorized to extend the contract for up to two additional one -year terms pending
satisfactory service, available funds, and subject to yearly rate increase based on
the Consumer Price Index, All Items, Ontario, most recent issue; and
That all interested parties listed in Report FSD-044-21 and any delegations be
advised of Council’s decision.
Yes (3): Mayor Foster, Councillor Anderson, and Councillor Hooper
No (3): Councillor Jones, Councillor Neal, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost on a recorded vote (3 to 3)
Resolution # GG-468-21
Moved by Mayor Foster
Seconded by Councillor Zwart
That Report FSD-044-21 Snow Clearing Services, be referred to Staff to examine
the financial ramifications of bringing the snow clearing ser vices in house.
Motion Withdrawn
Resolution # GG-469-21
Moved by Mayor Foster
Seconded by Councillor Anderson
That Report FSD-044-21 Snow Clearing Services, be referred to the October 18,
2021 Council meeting.
Carried
8.4.6 FSD-045-21 Supply, Delivery and Installation of Various Trees
Resolution # GG-470-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report FSD-045-21 be received;
That Cressman Tree Maintenance & Landscaping Ltd., with a bid amount of
$268,370.63 (Net HST Rebate) being the low compliant bidder meeting all terms,
conditions and specifications of CL2021-27 be awarded the contract for the
Supply, Delivery and Installation of Various Trees throughout the Municipality as
requested by the Public Works Department; and
Page 76
General Government Committee Minutes September 27, 2021
14
That the total funds required in the amount of $268,370.63 (Net HST Rebate) be
funded from the 2021 approved budget allocation as provided from the following
account:
Description Account Number Amount
100-36-325-10215-
7163
PARKS FORESTRY -
COTRACT
$268,371
That all interested parties listed in Report FSD-045-21 and any delegations be
advised of Council’s decision.
Carried
Recess
Resolution # GG-471-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the Committee recess for 10 minutes.
Carried
The meeting reconvened at 3:14 p.m. with Mayor Foster in the Chair.
8.5 CAO Office
8.5.1 CAO-005-21 Executive Recruiting Services for Recruitment of a Chief
Administrative Officer
Resolution # GG-472-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Report CAO-005-21 be received;
That a CAO Selection Committee be established to work with the recruitment firm
to recommend to Council a short list of candidates to interview for the CAO’s
position;
That the CAO Selection Committee consist of the Mayor, an executive with
senior leadership experience in public sector organizations and a Member of
Council;
Page 77
General Government Committee Minutes September 27, 2021
15
That a vote be conducted to appoint a Member of Council to the CAO Selection
Committee in accordance with the Appointment Policy;
That Staff report back to Council with a recommendation for an award of contract
to an executive recruiting firm.
Carried
CAO Selection Committee
Councillor Hooper nominated Councillor Neal and Councillor Neal accepted.
Councillor Zwart nominated Councillor Jones and Councillor Jones declined.
That Councillor Neal be appointed to the CAO Selection Committee.
Resolution # GG-473-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That Staff be directed to negotiate and enter into a single source contract with
Western Management Consultants, with an upset limit of $40,000.
Carried
8.5.2 CAO-008-21 Strategic Plan Update
Resolution # GG-474-21
Moved by Councillor Zwart
Seconded by Councillor Jones
That Report CAO-008-21 be received for information.
Carried
8.5.3 CAO-009-21 Centralized Customer Service Review
Councillor Anderson left the meeting, due to technical difficulties.
Resolution # GG-475-21
Moved by Councillor Zwart
Seconded by Councillor Hooper
That Report CAO-009-21 be received;
That Council endorse in principle the recommendations contained in the
Centralized Customer Service Review prepared by CSPN dated September 21,
2021 (Attachment 1);
That Staff be directed to review the recommendations contained in the CSPN
Report and prepare an implementation plan to create a centralized customer
service model;
Page 78
General Government Committee Minutes September 27, 2021
16
That any net-new costs associated with the implementation plan shall require
prior approval from Council; and
That Staff be directed to respond in support of the letter from the Region of
Durham dated August 11, 2021 (Attachment 2) to allow 311 calls made within
Municipal boundaries to be routed to the Region, in an effort to address gaps in
geographic exchange boundaries.
Yes (4): Mayor Foster, Councillor Hooper, Councillor Jones, and Councillor Zwart
No (1): Councillor Neal
Absent (2): Councillor Anderson, and Councillor Traill
Carried on a recorded vote (4 to 1)
Councillor Anderson returned to the meeting.
8.5.4 New Business - Quarterly Update of Local Municipal News (Councillor
Hooper)
Resolution # GG-476-21
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Staff be directed to write and produce a one page quarterly update of local
Municipal news containing Council decisions and major news stories from the
Municipality, tentatively named “What's up in Clarington”;
That the quarterly update be distributed using Canada Post mail-drop to all
residents in Clarington; and
That the cost (estimated to cost $62,500 annually) be funded from the Tax Rate
Stabilization Fund.
Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor
Zwart
No (2): Councillor Jones, and Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 2)
Page 79
General Government Committee Minutes September 27, 2021
17
9. Unfinished Business
9.1 Confidential Report CAO-007-21 Spry Avenue Disposition (Referred from
the September 20, 2021 Council Meeting)
Suspend the Rules
Resolution # GG-477-21
Moved by Councillor Hooper
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to extend the meeting until 5:00 p.m.
Carried
Closed Session
Resolution # GG-478-21
Moved by Councillor Zwart
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 a proposed or pending acquisition or disposition of land by the
municipality or local board.
Carried
Mayor Foster declared a direct interest in Item 9.1 as he is the Secretary-
Treasurer with Durham Region Non-Profit Housing Corporation and has a conflict
under the OBCA. Mayor Foster muted his audio and video and refrained from
discussion and voting on the matter.
Councillor Neal chaired this portion of the meeting.
Rise and Report
The meeting resumed in open session at 4:54 p.m.
Councillor Neal advised that one item was discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions
were passed.
Resolution # GG-479-21
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Report CAO-007-21 be received;
That option 2a contained in the Confidential Memo dated September 24, 2021,
be approved; and
Page 80
General Government Committee Minutes September 27, 2021
18
That all interested parties be advised of Council's decision.
Yes (4): Councillor Anderson, Councillor Hooper, Councillor Jones, and
Councillor Zwart
No (1): Councillor Neal
Absent (1): Councillor Traill
Carried on a recorded vote (4 to 1)
10. Questions to Department Heads/Request for Staff Report(s)
Mayor Foster chaired this portion of the meeting.
Members of Committee asked questions to the Department Heads.
11. Confidential Items
12. Adjournment
Resolution # GG-480-21
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the meeting adjourn at 5:00 p.m.
Carried
Page 81
1
If this information is required in an alternate format, please contact the
Accessibility Co-ordinator at 905-623-3379 ext. 2131
Planning and Development Committee
Minutes
Date:
Time:
Location:
October 4, 2021
6:30 p.m.
Council Members (in Chambers or MS Teams) | Members of
the Public (MS Teams)
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper,
Councillor J. Jones, Councillor J. Neal, Councillor C. Traill,
Councillor M. Zwart
Staff Present: A. Allison, J. Newman, L. Patenaude, R. Windle, R.Maciver, G.
Acorn, F. Langmaid, K. Richardson
Other Staff Present: D. Hoge, B. Rice, B. Weiler, C. Strike
_____________________________________________________________________
1. Call to Order
Councillor Anderson called the meeting to order at 6:30 p.m.
2. Land Acknowledgment Statement
Councillor Jones led the meeting in the Land Acknowledgement Statement.
3. Declaration of Interest
There were no disclosures of interest stated at this meeting.
4. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
5. Public Meetings
5.1 Public Meeting for a Proposed Plan of Subdivision and an Application for a
Zoning By-law Amendment
Brandon Weiler, Senior Planner, made a verbal presentation to accompany an
electronic presentation.
Mike Papa was called upon and was not present.
Teri Pritchard was called upon and was not present.
Page 82
Planning and Development Committee Minutes October 4, 2021
2
Bryan Noble spoke in opposition to the application. Mr. Noble stated that the
application is completely different from the original proposal. He expressed his
concerns regarding the increased density, different design, lack of greenspace,
and traffic. Mr. Noble stated that he believes there is a better design that better
fits the community and answered questions from Members of Committee.
Bev Brown spoke in opposition to the application. Ms. Brown stated that she is a
resident of the Brookhill neighbourhood and added that she purchased the home
with the idea only townhouse or single dwelling homes were being developed
across the street. She expressed concerns regarding the proposed 6 storey
building and stated that she agrees with Mr. Noble's comments.
Ryan Guetter, Weston Consulting was present on behalf of the applicant. Mr.
Guetter provided an overview of the property and surrounding context. He
outlined the surrounding services, facilities, transit, and transportation. Mr.
Guetter provided an overview of the design principles, site plan, site plan
elements, and building renderings. He explained that the property will provide a
range of housing options including three different types of townhouse units,
mixed unit sizes. Mr. Guetter highlighted the development statistics, addressed
the public concerns and answered questions from Members of Committee.
The Public Meeting concluded at 7:15 p.m.
5.1.1 PDS-049-21 Draft Plan of Subdivision and Rezoning Applications on the
South Side of Brookhill Boulevard
Resolution # PD-218-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report PDS-049-21 be received for information only;
That Staff receive and consider comments from the public and Council with
respect to the Draft Plan of Subdivision and Zoning By-law applications; and
That all interested parties listed in Report PDS-049-21 and any delegations be
advised of Council’s decision.
Carried
6. Presentations/Delegations
7. Reports/Correspondence Related to Presentations/Delegations
8. Communications
Page 83
Planning and Development Committee Minutes October 4, 2021
3
9. Staff Reports and Staff Memos
9.1 PDS-045-21 Clarington’s Green Development Program
Resolution # PD-219-21
Moved by Councillor Neal
Seconded by Mayor Foster
That Report PDS-045-21 and any communications be received; and
That all interested parties listed in Report PDS-045-21 and any delegations be
advised of Council’s decision.
Carried
Amendment:
Resolution # PD-220-21
Moved by Councillor Neal
Seconded by Councillor Jones
That the foregoing Resolution #PD-219-21 be amended by adding the following
at the end of paragraph 1:
That Staff prepare a by-law that would prohibit asphalt shingles on new
build houses.
Motion Withdrawn
The foregoing Resolution #PD-219-21 was then put to a vote and carried.
9.2 PDS-050-21 Downtown Public Art and Streetscaping Projects
Resolution # PD-221-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report PDS-050-21 and any related communication items, be received;
That Council approve $20,000 funding as an upset limit from the Community
Improvement Plan Reserve Fund for the implementation of Downtown Public Art
and Streetscaping projects; and
That all interested parties listed in Report PDS-050-21 and any delegations be
advised of Council’s decision.
Carried
10. New Business - Consideration
11. Unfinished Business
11.1 Jury Lands (Camp 30) Recommended Amendment No. 121 to the
Clarington Official Plan
Page 84
Planning and Development Committee Minutes October 4, 2021
4
11.1.1 Delegation - Bob Schickedanz, FarSight Homes, Regarding Report PDS-
051-21 Jury Lands (Camp 30) Recommended Amendment No. 121 to the
Clarington Official Plan
Bob Schickedanz, FarSight Homes, was present regarding Report PDS-051-21
Jury Lands (Camp 30) Recommended Amendment No. 121 to the Clarington
Official Plan. Mr. Shickedanz stated that the lands in area 4 should be
designated as medium density and the requirement of freehold units should be
removed. He explained that the lands should have a long public right of way and
requires a deep sanitary sewer and storm water management system. Mr.
Shickedanz stated that providing freehold units is problematic and concluded by
stating the development of area 4 should be developed as medium density as it
makes economic and planning sense.
11.1.2 PDS-044-21 Jury Lands (Camp 30) and Recommended Amendment No 121
to the Clarington Official Plan (Referred from the September 13, 2021 Joint
General Government and Planning and Development Committee Meeting)
Closed Session
Resolution # PD-222-21
Moved by Mayor Foster
Seconded by Councillor Neal
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing Items 11.1.2 and
13.1, that deals with:
advice that is subject to solicitor-client privilege, including communications
necessary for that purpose
a proposed or pending acquisition or disposition of land by the municipality
or local board.
Carried
Rise and Report
The meeting resumed in open session at 8:47 p.m.
Councillor Anderson advised that two items were discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution
was passed to provide direction to Staff.
Resolution # PD-223-21
Moved by Councillor Neal
Seconded by Councillor Jones
That Report PDS-051-21 and any related communication items, be received;
That the recommended Official Plan Amendment for Special Policy Area F, Jury
Lands (Camp 30), be adopted;
Page 85
Planning and Development Committee Minutes October 4, 2021
5
That low density designation be implemented in area 4; and
That all interested parties listed in Report PDS-051-21 and any delegations be
advised of Council’s decision.
Yes (2): Councillor Jones, and Councillor Neal
No (5): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Traill,
and Councillor Zwart
Motion Lost on a recorded vote (2 to 5)
Resolution # PD-224-21
Moved by Mayor Foster
Seconded by Councillor Hooper
That Report PDS-044-21 and any related communication items, be received;
That Report PDS-051-21 and any related communication items, be received;
That based on Council direction staff finalize the recommended Official Plan
Amendment for Special Policy Area F, Jury Lands (Camp 30); and
That all interested parties listed in Report PDS-051-21 and any delegations be
advised of Council's decision.
Carried
12. Questions to Department Heads/Request for Staff Report(s)
13. Confidential Items
13.1 Confidential Verbal Update from Rob Maciver, Director of Legislative
Services/Municipal Solicitor, Regarding Camp 30 Option Agreement
This matter was considered earlier in the meeting, in closed session.
That the closed session Resolution #CPD-007-21, be approved.
14. Adjournment
Resolution # PD-225-21
Moved by Councillor Traill
Seconded by Mayor Foster
That the meeting adjourn at 9:01 p.m.
Carried
Page 86
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: October 18, 2021 Report Number: CSD-007-21
Submitted By: George Acorn, Director of Community Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: [If applicable, enter File Number] By-law Number:
Report Subject: Community Arena and Hall Boards – Ongoing Challenges due to COVID-
19
Recommendations:
1. That Report CSD-007-21 and any related communication items, be received;
2. That Council direct staff to work with volunteer operated arena and community hall
boards to resource the proof of vaccination process for their buildings, as required
by recent amendments to the Reopening Ontario Act, 2020 (ROA);
3. That the Director of Financial Services provide funding for proof of vaccination
process, utilizing the COVID-19 Recovery Funds and/or Safe Restart Funds
received from the Province and Government of Canada subject to availability and
eligibility;
4. That this arrangement remain in place until March 31, 2022, or earlier, if future
amendments to the ROA eliminate the need for the current proof of vaccination
process;
5. That staff report back to Council in Spring 2022 providing a report on the costs
incurred by the Municipality to provide financial support to these boards; and
6. That all interested parties listed in Report CSD-007-21 and any delegations be
advised of Council’s decision.
Page 87
Municipality of Clarington Page 2
Report CSD-007-21
Report Overview
With the recent amendments to the Reopening Ontario Act, requiring certain businesses to
complete proof of vaccination verification of visitors, except as exempted, entering the
spaces, the Municipality has had to retain a security service firm for our municipally operated
indoor sport and recreation facilities. Additionally, this requirement exists for both board
operated arenas. As vaccination verification is also required for the indoor spaces of facilities
used for meeting and event spaces, all board operated community halls and the Visual Arts
Centre must comply to be in operation.
In addition to the existing challenges that facilities operated by volunteer boards have dealt
with since the start of this pandemic, this latest amendment to the ROA has required them to
provide an additional level of staff/volunteers to comply with this requirement. If a board is
unable to provide this new level of compliance, they are not able to operate and provide
access to events, programs, and services for their communities.
Staff are seeking approval from Council to work with these boards to arrange the necessary
resources to staff the proof of vaccination process for all activities, as required by the
Province, including providing the necessary funds, utilizing COVID-19 Recovery and Safe
Restart Relief Funds, as determined by the Director of Financial Services.
1. Background
1.1 On March 17, 2020, based on the advice of the Chief Medical Officer of Health, the
Ontario Government declared a province-wide emergency. This declaration allowed the
Province to implement a variety of health and safety measures to battle COVID-19. This
included the immediate closure of most indoor public spaces, including municipal
recreation facilities and meeting and event venues.
1.2 Since that date, there have been subsequent re-openings and closures. This guidance
was provided initially under the Response Framework and now the Roadmap to
Reopen. During those opportunities since March 2020, the Municipality did reopen
recreation facilities and provide programs and services, as allowed at the time. We
adopted a cautious approach that did provide the public access to activities while still
maintaining a healthy and safe environment for b oth the public and staff.
1.3 To reopen in those earlier days, the Municipality had to implement strict health and
safety protocols including enhanced cleaning and sanitization procedures, and active
screening and contact tracing of all visitors. These measures added significant cost to
our operations and with limited capacities permitted, revenues were also reduced.
1.4 This was also the reality that community halls and arenas were faced with. Community
Services staff worked with these volunteer boards to implement the health and safety
Page 88
Municipality of Clarington Page 3
Report CSD-007-21
protocols necessary for their reopening. Some of the community buildings have been
open, when permitted, over the last year and a half. However, some buildings did not
have the volunteer-base or the funds needed to provide the necessary measures to
reopen and have remained closed since March 2020.
1.5 Since the start of this pandemic, Council has provided COVID relief funding through
various programs and grants. In April 2020, Council approved the creation of a
$100,000 Community COVID Support Program as recommended in Report FND-008-
20 . As stated in the report, “This program would provide funding to non -profit
organizations to provide community support programs, including those supporting small-
businesses, to those in need as a result of the COVID-19 pandemic”. As reported in
Report CAO-020-20, seven community halls and one arena received funding from the
Program.
1.6 In May 2021, as recommended in Report FSD-023-21, Council further approved the
2021 COVID Support Program for Hall Boards. This $60,000 application-based fund
would only be available to the board operated community halls and arenas. As
expected, the program was well received, and following a review of all applications a
funding recommendation was approved by the CAO and cheques were recently issued
to the successful applicants.
1.7 The Newcastle Town Hall also requested, and was approved, additional funding as part
of the 2021 External Agencies Budget submission. The funding was requested to offset
anticipated reduced revenues for 2021 due to the ongoing restrictions of COVID -19.
1.8 At the March 21, 2021 Council meeting, a request from the Newcastle Arena Board for
additional funding was approved. The funds requested were needed to cover their 2020
operating loss, due to restrictions from COVID-19.
2. Reopening Ontario Act, 2020 – Proof of Vaccination
2.1 On June 11, 2021 Ontario entered Step 1 of the Roadmap to Reopen , expanding
existing outdoor gatherings and activities and introducing the return to some limited
indoor activities such as wedding and funeral services and other rites and ceremonies.
The Province then moved to Step 2 on June 30, which saw an expansion of outdoor
activities and capacities and increased capacities for those limited indoor events.
2.2 With the entry into Step 3 on July 16, there was another expansion of outdoor activities
and capacities as well as a major reopening of indoor facilities, with capacity restrictions
in place. The level of indoor and outdoor activities permitted in Step 3 represented the
closest thing to a return to non-COVID operations since March 2020.
2.3 With the expansion of permitted activities for our indoor recreation facilities and
community halls, in Step 3, remained the strict health and safety protocols including
Page 89
Municipality of Clarington Page 4
Report CSD-007-21
active screening and contact tracing as well as elevated cleaning and sanitization
procedures. The Regulations did provide the person operating a building to offload the
responsibility for active screening and contact tracing onto a particular facility permit
holder. In many cases this was done by the Municipality and some of the Board
operating buildings.
2.4 On September 14, 2021 the Regulations were further amended to include proof of
vaccination, with specific exemptions, for indoor sport and recreation facilities and
indoor meeting and event spaces. This required the person responsible for a business,
covered under this amendment, to confirm that each patron entering the facility provide
both proof of identification and proof of being fully vaccinated, before entering the
building.
2.5 The amended Regulation did not allow those responsible for the operation of the
building to pass along the proof of vaccination onto permit holders or event organizers.
This would require staff, volunteers or a third party to be present during all operatin g
hours to perform this task.
2.6 To comply with the Regulation, and faced with a part-time staffing shortage, the
Municipality secured the services of a security company to staff the main entrances of
our indoor recreation facilities. An external job posting was also issued by Human
Resources for part-time staff to perform these duties and, pending a good response, the
Municipality plans to transition from use of the security company. To date, the quality of
the service received has been excellent and the min imal number of incidents have been
handled professionally.
2.7 Community Services staff held a meeting with all community hall and arena boards on
September 21 to discuss the upcoming proof of vaccination requirement and to discuss
the challenges many were facing to comply with the amended Regulation. Staff were
able to provide an overview of the changes and to answer as best as possible many of
the questions. It was clear during the meeting that many of these operations, that rely
heavily on volunteers and in some cases minimal levels of staffing, would be unlikely to
find the resources to perform the duties and the funds necessary to pay them.
3. Financial Considerations
3.1 In August 2020, it was announced that the Municipality of Clarington received
$2,135,500 from Phase 1 of the Safe Restart Agreement (SRA) with the Province of
Ontario and the Government of Canada for the 2020 financial operating pressures
related to COVID-19. This amount was fully allocated by December 31, 2020, savings
from mitigation steps were transferred to the Tax Rate Stabilization Reserve Fund to be
used in future years.
Page 90
Municipality of Clarington Page 5
Report CSD-007-21
3.2 In December 2020, the Province announced, under Phase 2 of the SRA, that the
Municipality would receive $903,000 towards its 2021 financial operating pressures.
Like the Phase 1 funding, anything that could not be allocated to COVID-19 related
revenue losses or expenditures could be carried forward to the next year to address
ongoing concerns. This funding was included in the 2021 Budget and was anticipated to
be used to cover the Community Services Department to offset anticipated revenue
shortfalls (before the additional two lockdowns that occurred).
3.3 In March 2021, the Province of Ontario announced the 2021 Provincial COVID -19
Recover Funding for Municipalities. The Municipality’s allocation under this funding was
$1,733,716, again to be used for operating pressures of recovering from the pandemic.
This funding was based on the proportion of COVID-19 cases in the Public Health Unit
for our area from January 1, 2021 to February 18, 2021. This funding is for the purpose
of addressing priority COVID-19 operating costs and pressures. Excess funds must be
placed in a reserve fund for future operating costs and pressures.
3.4 For the above funding grants, the Municipal Treasurer is required to certify that the
funds were to address COVID-19 related expenditures and financial pressures (e.g.
revenue losses). It is the Director of Financial Services/Treasurers’ opinion that
providing funding to the local community hall and arena boards to implement
screening/vaccine verification regulations imposed by the Provincial Government would
qualify as an expense under this funding.
3.5 The Financial Services Department is still determining the available funding from the
above mentioned $2.6 million; however, it is anticipated that there would be sufficient
funding to cover until March 2022. Alternatively, the mitigating savings that the
Municipality has recognized could also be used to offset this cost, this would be drawn
from the Tax Rate Stabilization Reserve Fund in 2022.
4. Concurrence
4.1 This report has been reviewed by the Director of Financial Services/Treasurer who
concurs with the recommendations.
5. Conclusion
5.1 It is respectfully recommended that Council approve the recommendations in this report
to allow staff to work with each board to develop a plan to staff their buildings to permit
them to reopen and/or remain open for community meetings, events, and other
activities. Without the financial support many of our community halls will remain closed
or be forced to close. The valuable work done by these volunteer boards and the
activities that occur in their buildings is important to the local community, especially in
many of our rural areas.
Page 91
Municipality of Clarington Page 6
Report CSD-007-21
5.2 Since the beginning of this pandemic the Municipality has been faced with many
operational challenges especially during those periods of time when permitted by the
Province to be open to offer indoor sport and recreation activities. This has been the
same for the community hall and arena boards. However, the recent requirement to
provide proof of vaccination has been one of the biggest hurdles we have had to
overcome.
Staff Contact: George Acorn, Director, Community Services, 905-623-3379 ext. 2502 or
gacorn@clarington.net.
Attachments:
Not Applicable
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 92
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Council
Date of Meeting: October 18, 2021 Report Number: LGS-026-21
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: By-law Number:
Report Subject: Health Benefit Program 2021 Renewal to November 1, 2022
Recommendations:
1. That Report LGS-026-21 and any related communication items, be received;
2. That the Health Benefit Program be renewed with Sun Life, to November 1, 2022 at
an overall net increase of 1.4% and that the Stop Loss and Out of Country Pooling
level be increased from $15,000 to $20,000 effective January 1, 2022; and
3. That the Library be advised of the renewal program, and that they continue to be
invoiced for their portion of the benefit program as applicable.
Page 93
Municipality of Clarington Page 2
Report LGS-026-21
Report Overview
The annual renewal of the Health Benefit Program is presented for approval for the period of
November 1, 2021 to November 1, 2022.
1. Background
Existing Program for Health Benefits
1.1 The Extended Health (EHC) and Dental Benefits program with Sun Life remains under
an Administrative Services Only (ASO) funding formula. The non-ASO benefits which
include Life Insurance, Long Term Disability (LTD) and Accidental Death &
Dismemberment (AD&D) continue under the traditional funding formula.
1.2 The Stop Loss and Out of Country Pooling level is currently at $15,000 per person. This
protects the EHC plan against claims in excess of $15,000 and such claims are
removed from the claims experience.
2. The 2022 Program Renewal
2022 Rates and Overall Impact
2.1 Mosey and Mosey has undertaken negotiations with Sun Life to reduce the proposed
benefit program rate increase of 10.4%. They have provided two separate options for
consideration. The first option involves keeping the current level of Stop Loss and Out of
Country Pooling at $15,000. This would result in an overall rate increase of 4.0% as
detailed in Attachment #1. The second option is to increase the Stop Loss and Out of
Country Pooling to $20,000. This would result in an overall increase of 1.4% for both
ASO and non-ASO benefits as detailed in Attachment #2. This is the option
recommended by Mosey and Mosey with an effective date of January 1, 2022.
2.2 The impact of COVID-19 on services such as dental and paramedical services was less
prevalent in 2021 than in 2020 with service providers able to provide their services with
less closures and additional safety precautions in place.
2.3 The overall rate increase is also impacted by an increase to LTD benefit premiums
which is based on claims experience.
Page 94
Municipality of Clarington Page 3
Report LGS-026-21
3. ASO Funding Status
3.1 The Municipality has established the ASO Benefits Reserve Fund which can be used to
fund fluctuations in actual benefits and stabilize the tax impacts of health benefits.
3.2 At January 1, 2021 the opening balance in the ASO Benefits Reserve Fund is
approximately $1.2 million. This balance came from the initial $500,000 contribution and
the unspent surplus from the 2020 fiscal year (where we saw a surplus due to benefit
usage).
3.3 The Director of Financial Services/Treasurer will consider the appropriateness of using
the Reserve Fund to offset increases as part of the 2022 Draft Budget preparation.
4. Recommendation
4.1 Staff recommend that the 2022 Health Benefit Program be renewed with an increase in
the Stop Loss and Out of Country Pooling to $20,000 thus benefiting from Mosey and
Mosey’s negotiations of an overall 1.4% increase.
5. Concurrence
This report has been reviewed and contributed to, by the Director of Financial
Services/Treasurer who concurs with the recommendations.
6. Conclusion
It is respectfully recommended that the renewal of the Health Benefit Program be
approved as outlined in this report.
Staff Contact: Lisa Wheller, Human Resources Manager lwheller@clarington.net or Kerri
McMullen, Compensation and & Benefits Supervisor kmcmullen@clarington.net.
Attachments:
Attachment 1 – Mosey and Mosey Monthly Renewal Rates and Cost Summary, with $15,000
Stop Loss
Attachment 2 – Mosey and Mosey Monthly Renewal Rates and Cost Summary, with $20,000
Stop Loss
Interested Parties:
The following interested parties will be notified of Council's decision:
The Clarington Library
Page 95
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
All Divisions Combined
November 1, 2021 Renewal
Monthly Monthly % Monthly %
Volume Premium Premium Adj. Premium Adj.
Basic Life Insurance 88,816,500 23,236.91$ 21,581.75$ -7.0%20,459.50$ -12.0%
Supplemental Life Insurance 14,403,000 1,641.94 1,526.72 -7.0%1,440.30 -12.0%
Dependent Life 355 2,415.63 2,415.63 0.0%2,415.63 0.0%
AD&D 88,816,500 1,687.51 1,687.51 0.0%1,687.51 0.0%
Long Term Disability 1,719,106 66,226.21 77,480.50 17.0%70,196.23 6.0%
Extended Health Care
Single 56 8,033.56 8,917.26 8,499.37
Couple 134 38,624.03 42,872.37 40,864.40
Family 225 83,968.85 93,205.66 11.0%88,838.79 5.8%
Dental
Single 56 3,597.63 3,957.47 3,766.67
Couple 134 17,236.18 18,959.74 18,046.70
Family 225 45,356.60 49,892.15 10.0%47,488.76 4.7%
TOTAL MONTHLY PREMIUM 292,025.05$ 322,496.76$ 303,703.86$
TOTAL MONTHLY COST INCLUDING PST 315,387.05$ 348,296.50$ 328,000.17$
TOTAL ANNUAL COST - ALL BENEFITS 3,784,644.60$ 4,179,558.00$ 3,936,002.04$
Variance To Current Cost 394,913.40$ 10.4%151,357.44$ 4.0%
Benefit Current
Cost
Sun Life Proposed
Renewal Cost Effective
November 1, 2021
Mosey & Mosey
Negotiated
Renewal Cost Effective
November 1, 2021
Mosey And Mosey Benefit Plan Consultants Page 96
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
All Divisions Combined
November 1, 2021 Renewal
Monthly Monthly % Monthly %
Volume Premium Premium Adj. Premium Adj.
Basic Life Insurance 88,816,500 23,236.91$ 21,581.75$ -7.0%20,459.50$ -12.0%
Supplemental Life Insurance 14,403,000 1,641.94 1,526.72 -7.0%1,440.30 -12.0%
Dependent Life 355 2,415.63 2,415.63 0.0%2,415.63 0.0%
AD&D 88,816,500 1,687.51 1,687.51 0.0%1,687.51 0.0%
Long Term Disability 1,719,106 66,226.21 77,480.50 17.0%70,196.23 6.0%
Extended Health Care
Single 56 8,033.56 8,917.26 8,033.56
Couple 134 38,624.03 42,872.37 38,624.03
Family 225 83,968.85 93,205.66 11.0%83,968.85 0.0%
Dental
Single 56 3,597.63 3,957.47 3,766.67
Couple 134 17,236.18 18,959.74 18,046.70
Family 225 45,356.60 49,892.15 10.0%47,488.76 4.7%
TOTAL MONTHLY PREMIUM 292,025.05$ 322,496.76$ 296,127.74$
TOTAL MONTHLY COST INCLUDING PST 315,387.05$ 348,296.50$ 319,817.96$
TOTAL ANNUAL COST - ALL BENEFITS 3,784,644.60$ 4,179,558.00$ 3,837,815.52$
Variance To Current Cost 394,913.40$ 10.4%53,170.92$ 1.4%
Benefit Current
Cost
Sun Life Proposed
Renewal Cost Effective
November 1, 2021
Mosey & Mosey
Negotiated
Renewal Cost Effective
November 1, 2021
Mosey And Mosey Benefit Plan Consultants Page 97
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council
From: Ryan Windle, Director Planning Services Department
Date: October 18, 2021
Subject: Request from Delpark Homes Ltd. for an exemption from the two-year
freeze on submitting an application for Minor Variance related to a site
specific Zoning By-law Amendment
File: ZBA2018-0026 (Cross reference S-C-2018-0005)
The Biglieri Group has submitted a letter, on behalf of Delpark Homes Ltd. (Delpark), to the
Mayor and Members of Council seeking approval to submit Minor Variance applications for
5 lots in their plan of subdivision that is currently under construction at 1539 Prestonvale
Road, Courtice. A copy of the letter is attached to this memo (Attachment 1).
Delpark Homes Ltd. received approval of their Draft Plan of Subdivision and Zoning By-law
Amendment applications in March 2020. Due to delays resulting from the global pandemic
Zoning By-law Amendment 2020-012 became final and binding in May 2020.
As the request letter indicates, Delpark has been working on finalizing the detailed
engineering design of the subdivision and marketing the lots. At the time of drafting this
memo the registration of the plan is imminent. Through detailed engineering, including site
triangle requirements at Prestonvale Road, and siting specific building models on individual
lots, a total of five lots have been identified where Minor Variances are being sought.
The Planning Act states that an applicant may not submit Minor Variance applications to the
Committee of Adjustment prior to the second anniversary of when the site-specific Zoning
By-law comes into effect. The only exception to this provision is if Council by resolution
permits a request to submit applications for the subject lands.
The purpose of these sections of the Act is to provide a timeout after an application has
gone through the public process and a decision by Council has been made. The timeout
can prevent what could be viewed as an abuse of process where a landowner simply files a
Minor Variance after the Zoning By-law Amendment has been approved.
It is not uncommon for minor issues to arise as the result of detailed engineering, technical
issues or a particular building model or building features are requested once the lots are
marketed.
Page 98
Page 2
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
The applicant has provided a map of the lots where the minor variances would be requested
(see Figure 1 below) and a brief outline of the nature of each variance is provided as
follows:
•Lot 1: Requires relief from exterior side yard setback
•Block 68 (Easterly townhouse unit): Requires relief from exterior side yard setback
and the maximum garage projection limitation
•Lot 21: Requires relief on the maximum lot coverage regulation
•Lot 39: Requires relief from the rear yard setback
•Lot 40: Requires relief from the rear yard setback
Staff have no objection to Council granting Delpark permission to file Minor Variance
applications for the subject lands to address specific issues identified as a result of detailed
engineering and siting specific models on the lots.
Council’s decision to allow Minor Variance applications to be filed cannot be construed as
an indication of support for the proposal. The Minor Variance applications, if allowed, would
be reviewed for compliance to the four tests under the Planning Act and processed and
reviewed in the same manner as any other Minor Variance application. Ultimately the
Committee of Adjustment will render decisions on the proposed applications, which are
subject to appeal to the Ontario Land Tribunal (OLT).
Page 99
Page 3
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 Council wishes to allow this application, the attached resolution should be passed
(Attachment 2).
Ryan Windle, MCIP, RPP, AICP
Director of Planning and Development Services
Attachments:
Attachment 1: Letter from The Biglieri Group Ltd. On behalf of Delpark Homes Ltd.
Attachment 2: Proposed Council Resolution
Page 100
BUILDING YOUR IDEAS - INTO BIG PLANS
THE BIGLIERI GROUP LTD.
PLANNING | DEVELOPMENT | PROJECT MANAGEMENT | UR BAN DESIGN
20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4
126 Catharine Street, Hamilton, Ontario L8 R 1J4
Office: (416) 693-9155 Fax: (416) 693 -9133
tbg@thebiglierigroup.com
August 6, 2021
Municipality of Clarington
Clerk’s Department
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Attention: Ms. June Gallagher, Municipal Clerk
Dear M s. Gallagher ,
RE: Request for Council Resolution to Proceed with Minor Variance Application s
Part of Lot 34, Concession 1, Darlington
1539 Prestonvale Road
Lots 1, 21, 39, 40, Block 68 -1, Plan 40M -xxxx
TBG Project No. 17473
The Biglieri Group Ltd. has been retained by Del park Homes Ltd. to prepare planning applications for
the lands municipally known as 1539 Prestonvale Road (“subject site”). Draft Plan of Subdivision and
Zoning By -law Amendment applications were submitted in 2019 for a 78 -unit residential development
cons isting of 66 single -detached dwellings and 12 townhouse units.
The implementing zoning by -law, By -law 2020-012, and Conditions of Draft Plan Approval were adopted
by Clarington Council on March 2, 2020. The By -law came into effect on May 21, 2020 followi ng a two-
month delay since adoption as a result of the pandemic.
Since the By -law 2020 -012 coming into effect and issuance of the Conditions of Draft Plan, Delpark
Homes has been working on detailed designs and is aiming to register the subdivision in the coming
weeks. Following the approval of the detailed engineering designs and required sight triangles along
Prestonvale Road, minor variances for several lots are required in order to accommodate the preferred
building typologies. The location of the lots are shown on Figure 1 .
As By -law 2020 -012 came into effect less than two years ago, a Council Resolution is required to
proceed with minor variance applications. Without a resolution to proceed we will not be able to submit
these applications until May 2 022, the two -year anniversary of By -law 2020-012 coming into effect.
Therefore, we are respectfully requesting Council to provide a resolution to proceed with minor variance
application s for the subject site. This would allow for building permits to be submitted and a timely
construction of the dwellings .
We trust you will find all in order, however if you have any questions or require additional information,
please contact us at your earliest convenience.
Page 101
THE BIGLIERI GROUP LTD. 2
Figure 1 - Location of Requested Variances
Respectfully,
THE BIGLIERI GROUP LTD.
Mark Jacobs , MCIP, RPP
Senior Planner
CC. Cindy Strike, Manager, Development Review
Eddy Chan, Delpark Homes
Page 102
Page 4
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
Council Resolution #C-_____-2021
Moved By _____________
Seconded By _____________
Whereas on May 20, 2020 By-law 2020-012 became final and binding for lands owned by
Delpark Homes Ltd., at 1539 Prestonvale Road; and
Whereas Delpark Homes Ltd. wishes to submit five Minor Variance applications to facilitate
development on lots for single-detached and townhouse dwellings within an approved Plan
of Subdivision (S-C-2018-0005); and
Whereas subsections 45(1.2), 45(1.3) and 45(1.4) of the Planning Act prohibit Delpark
Homes Ltd. from requesting a minor variance to Zoning By-law 84-63, as amended, before
the second anniversary of the first day that the site-specific amendments came into effect,
unless Council has declared by resolution that such a request is permitted; and
Council wishes to permit Delpark Homes Ltd. to make Minor Variance applications
respecting their property.
NOW THEREFORE BE IT RESOLVED THAT,
1.Council hereby permits Delpark Homes Ltd. to file Minor Variance applications for
lands associated with By-law 2020-012 on Lots 1, 21, 39, 40, and Block 68, Plan
40M-xxxx; and,
2.By granting permission to Delpark Homes Ltd. to make Minor Variance applications
for the lands associated with By-law 2020-012, Council is in no way expressing any
opinion regarding the planning merits of the subject applications.
Page 103
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council
From: Ryan Windle, Director, Planning and Development Services
Date: October 18, 2021
File No.: PLN 33.19
Re: Requirements to Request a Full Environmental Assessment for the
Mixed Waste Transfer/Pre-Sort and Anaerobic Digestion Organics
Processing Facility
Background
Clarington’s Unwilling Host Declaration and Siting Report comments - April 27, 2020
PSD-013-20 - provided a number of comments to be addressed by the Region on the Mixed
Waste Transfer / Pre-Sort and Anaerobic Digestion Organics Processing Facility Siting
Report (GHD, March 6, 2020). The comments were provided to the Region and the Ministry
of Environment, Conservation and Parks (MECP).
At the same time Clarington declared itself an unwilling host community to the Regional Pre-
Sort/AD Facility. Subsequently, the Region and Clarington entered into mediation regarding
Clarington’s objections to hosting the Pre-sort/AD facility under the process outlined in the
Energy from Waste Host Community Agreement.
Request for an Environmental Assessment
Council approved Resolution #GG-244-20- July 6-7, 2020
That Clarington Council advise our Member of Provincial Government, Lindsey Park, of
Council’s declaration of being an unwilling host to the planned recycling plant and anaerobic
digestion proposal on Megawatt Drive;
That Council ask the Provincial Government, and our MPP, to place a ‘hold’ on the
proposed site until a full and proper Environmental Assessment (EA) can be conducted; and
That the Minister of Environment, Conservation and Parks be requested to pass an order
prohibiting the Region of Durham from proceeding with the planned recycling plant and
anaerobic digestion facility until the EA is completed to the satisfaction of Clarington
Council.
Page 104
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
Staff followed up with MECP as outlined in Attachment 1 which is a timeline of
correspondence on this issue.
In response to the Minister’s letter of Sept 2, 2021, on Sept 27, 2021; Committee approved
Resolution #GG-457-21
Clarington provide all necessary information to the MECP in order that they can give due
consideration to ordering an Environmental Assessment for the anaerobic digester.
The letter of Sept 2, 2021 (Attachment 2) and follow-up meeting (Sept 16, 2021) with the
Minister and his staff, was further clarified by the Minister’s subsequent letter of October 5,
2021 (Attachment 3) and ongoing e-mail communications. It has been made clear that for
Clarington to request an EA of the Pre-Sort/AD Facility, Clarington will have to provide clear
reasoning as to why an EA is justified. The test that the Ministry has indicated will have to
be outlined is reasoning for Cabinet as to why this project requires an EA, when it is not
required under the existing Environmental Assessment Act regulations. In other words what
potential threat and harm to the environment will occur and why are appropriate controls
beyond what can be included in the Environmental Compliance Approval (ECA).
Staff continue to follow up with the MECP but have yet to receive the specifics of how to
submit a formal EA designation request and the type of supporting information that should
accompany the request. To date, the only study available to Staff is the siting study; we do
not have any environmental studies that we can point to say whether the Region has or has
not planned for potential impacts.
Staff anticipate that to draft a formal EA designation request, the Municipality would retain
appropriate expertise to assemble the case for an EA. To retain such expertise the
Municipality will have to prepare a terms of reference, identify a budget and carryout a
proposal call to retain a consultant or consulting team qualified in the necessary background
topics and knowledge for the various topics. The EA request would have to be assembled
into a coherent and defensible package as to how the existing information (e.g. studies) and
process followed by the Region and its consultants have not addressed the necessary
requirements which a full EA would explore (Attachment 4).
To address the inquiry by the Minister about the pending ECA process, Clarington would
also need to clearly explain why the ECA process would be inadequate for addressing what
Council believe are the outstanding concerns.
In addition, Clarington would need to demonstrate we have tried to resolve our issues with
the Region, but they have been unresponsive or have not provided reasonably satisfactory
responses.
Page 105
Page 3
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
Next Steps
When Staff receive additional information from the MECP, an overall request for funding for
a consulting study will be submitted to Council.
Staff will continue to follow up on other aspects outlined in the Minister’s letter including
confidential direction that has been provided to staff.
Sincerely,
Ryan Windle, MCIP, RPP, AICP
Director of Planning and Development Services
cc: June Gallagher, Municipal Clerk
Andy Allison, CAO
Rob Maciver, Director of Legislative Services
Stephen Brake, Director of Public Works
Attachments:
Attachment 1 – Chronology of correspondence and resolutions
Attachment 2 – MECP Minister’s letter of Sept 2, 2021
Attachment 3 – MECP Minister’s letter of October 5, 2021
Attachment 4 – Assumed minimum requirements of a Full EA
Page 106
Attachment 1
Page 1
Chronology of correspondence and resolutions relating to the Region’s Pre-Sort /
Anaerobic Digestion Facility and Clarington Council’s request to the MECP for a
full EA to be undertaken:
Prepared by: Amy Burke, Senior Planner, Planning & Development Services
Last updated: October 12, 2021
2020:
Jul. 6-7, 2020 (Council)
Council approved Resolution #GG-244-20.
That Clarington Council advise our Member of Provincial Government, Lindsey Park, of
Council’s declaration of being an unwilling host to the planned recycling plant and
anaerobic digestion proposal on Megawatt Drive;
That Council ask the Provincial Government, and our MPP, to place a ‘hold’ on the
proposed site until a full and proper Environmental Assessment (EA) can be conducted;
and
That the Minister of Environment, Conservation and Parks be requested to pass an
order prohibiting the Region of Durham from proceeding with the planned recycling
plant and anaerobic digestion facility until the EA is completed to the satisfaction of
Clarington Council.
Resolution sent to Hon. Jeff Yurek, Minister of Environment, Conservation and Parks, in
a letter dated July 9, 2020 from June Gallagher. Region of Durham copied.
Aug. 26, 2020
Amy Burke and Rob Maciver met with (conference call) Gavin Battarino, Ministry of
Environment, Conservation and Parks (MECP) to discuss Resolution #GG-244-20 and
the process and information requirements for submitting a request for Environmental
Assessment designation. A summary of the discussion and comments received from
the MECP is provided in Gavin Battarino’s supplemental email, dated Sep. 23, 2020,
which appeared as correspondence on the Sep. 28, 2020 General Government
Committee (GGC) agenda (item 21.3).
Sep. 14, 2020 (Joint Committee)
Item 10.3 correspondence from Elaine Baxter-Trahair, CAO, Region of Durham, dated
July 15, 2020, in response to #GG-244-20.
Item 11.13 correspondence from Andrew Evers, Manager, Environmental Assessment
Branch, MECP, dated August 13, 2020, in response to #GG-244-20.
Items 10.3 and 11.13 were both referred to closed session at the end of the meeting.
Later in the meeting, these items along with other matters were referred to a Special
GGC meeting to be held on Sep. 21, 2020.
Page 107
Attachment 1
Page 2
Sep. 21, 2020 (Special GGC)
Items 10.3 and 11.13 referred from the Sep. 14 GGC meeting were both referred to
consideration during Closed Session of the Sep. 21 Council meeting.
Sep. 21, 2020 (Council)
Following closed session, Council approved Resolution #C-389-20
That correspondence item 14.4 from Andrew Evers, Manager, Environmental
Assessment Branch, Ministry of the Environment, Conservation and Parks, regarding
the Proposed Recycling and Anaerobic Digestion Facility, be received for information.
According to the Sep. 28, 2020 GGC minutes, the Region of Durham’s letter, dated July
15, 2020 was referred from the Sep. 21 Closed Session to the Sep. 28, 2020 GGC
meeting.
September 28, 2020 (GGC)
The unfinished business of the Region of Durham’s July 15, 2020 letter in response to
#GG-244-20 had been referred to this meeting (item 21.2).
Item 10.1 correspondence from Andrew Evers, Manager, Environmental Assessment
Branch, MECP, dated September 22, 2020, in response to the Region of Durham’s
letter of July 15, 2020.
Item 21.3 correspondence from Gavin Battarino, Special Project Officer, MECP, dated
September 23, 2020 regarding the Municipality’s EA designation request.
With respect to the above, Council referred the Region’s correspondence and MECP’s
response to the Region’s correspondence to Closed Session and then to the Oct. 13,
2020 Council meeting.
The correspondence from Gavin Battarino regarding the Municipality’s EA designation
request was received for information (#GG-335-20).
Oct. 13, 2020 (Council)
The unfinished business of the Region of Durham’s July 15, 2020 letter in response to
#GG-244-20, which had been combined with the MECP’s response to the Region of
Durham’s letter at the Sep. 28 GGC meeting, was received for information (#C-409-20).
The matter of Mixed Waste Pre-Sort and Anaerobic Digestion Project was then
considered during Closed Session and no resolutions were passed.
2021:
Sep. 2, 2021
Letter from Hon. David Piccini, Minister of Environment, Conservation and Parks to
Mayor Foster, responding to Clarington Resolution #GG-244-20 and requesting a
meeting.
Page 108
Attachment 1
Page 3
Sep. 13, 2021 (Joint Committee)
Councillor Neal brings forward as New Business (item 9.4.2) a motion that:
Clarington provide all necessary information to the MECP in order that they can give
due consideration to ordering an Environmental Assessment for the anaerobic digester.
The matter was procedurally referred to the Sep. 27, 2021 GGC meeting.
Sep. 16, 2021
Mayor Foster, Ryan Windle, Faye Langmaid and Amy Burke met with (conference call)
Minister Piccini, MECP, Deputy Minister Serge Imbrogno, Staff from the Minister’s office
and MECP Staff in response to Minister Piccini’s Sep. 2, 2021 letter. The Minister
confirmed that a sufficiently detailed written request for the Region’s Pre-Sort / AD
Facility to be subject to an EA must be submitted in order for the Minister to give
consideration. In addition, the Minister confirmed that an EA is not a requirement for the
project, and highlighted the opportunities for issue resolution and additional consultation
as part of the Environmental Compliance Approval application process for the Facility.
The Minister indicated that it was of the understanding that the proposed project aligned
with local zoning. The Minister offered to follow up with additional details on the formal
request process and information requirements, and appropriate contacts from the
Minister of Municipal Affairs and Housing to further discuss zoning-related matters.
Sep. 27, 2021 (GGC)
Committee approved Resolution #GG-457-21.
That Clarington provide all necessary information to the MECP in order that they can
give due consideration to ordering an Environmental Assessment for the anaerobic
digester.
Oct. 5, 2021
Letter from Hon. David Piccini, Minister of Environment, Conservation and Parks to
Mayor Foster, extending appreciation for the meeting held on Sep. 16, 2021, confirming
next steps for submission of a formal request that the Pre-Sort / AD Facility be made
subject to an EA, and providing appropriate contacts from the Ministry of Municipal
Affairs and Housing to further discussion matters relating to zoning.
Page 109
Ministry of the Environment,
Conservation and Parks
Office of the Minister
777 Bay Street, 5th Floor
Toronto ON M7A 2J3
Tel.: 416-314-6790
Ministère de l'Environnement,
de la Protection de la nature et des
Parcs
Bureau du ministre
777, rue Bay, 5e étage
Toronto (Ontario) M7A 2J3
Tél. : 416.314.6790
357-2021-3034
September 2, 2021
Adrian Foster
Mayor
Municipality of Clarington
Email: mayor@clarington.net
Dear Mayor Foster:
As I settle into my new role as Ontario’s Minister of the Environment, Conservation and
Parks (MECP), I have taken the time to read previous correspondence from the past
number of months. I understand that at a council meeting held on July 6-7, 2020, the
Municipality of Clarington passed a council resolution authorizing that a request be
made to MECP to require that an individual environmental assessment be completed for
Durham Region’s proposed Mixed Waste Pre-sort and Anaerobic Digestion Facility.
Subsequent to receiving the council resolution, I understand that my ministry staff
liaised with municipal staff to provide clarification on the designation request process,
and the supporting rationale and information the ministry would expect to see
accompany a formal designation request submitted by the municipality. I am advised
that to date, no formal request has been received by my ministry to designate the
project as being subject to the Environmental Assessment Act. I also understand that in
early July 2021, you contacted the ministry’s York Durham District Office to discuss this
proposal as well as the Durham York Energy Centre.
As you may be aware, the Municipality of Clarington may have tools available, such as
zoning bylaws and zoning changes to respond to community concerns with respect to
this project at the municipal level, without provincial involvement.
I understand that there has also been significant public concern regarding the potential
overall environmental impact and potential increase in activities in the area because of
the Durham York Energy Centre and the proposed Mixed Waste Pre-sort and Anaerobic
Digestion Facility. I would appreciate an opportunity to meet with you to discuss
potential options available to the Municipality and provincial government to thoroughly
consider local concerns about the project, including the potential option of requiring
Durham Region to complete an environmental assessment for the proposed project.
…2
Page 110
Mayor Adrian Foster
Page 2.
I look forward to meeting with you about this important matter, my office will be reaching
out shortly to schedule a meeting.
Sincerely,
David Piccini
Minister of the Environment, Conservation and Parks
c: Joe Neal, Regional Councillor Wards 1 and 2
Granville Anderson - Regional Councillor Wards 3 and 4
Janice Jones, Councillor Ward 1
Ron Hooper - Councillor Ward 2
Corinna Traill - Councillor Ward 3
Margaret Zwart - Councillor Ward 4
Andy Allison, CAO
Lindsey Park, MPP, Durham
Page 111
Page 112
Attachment 4
1
Assumed Minimum Requirements of a Full EA
Below are the questions proponents have to answer when completing an Environmental
Screening Process under the Environmental Assessment Act. At a minimum, Staff
anticipate Clarington would need to demonstrate in their request to the Ministry that a
number of these questions have not been answered in a satisfactorily manner by the
Region to date, and that the answer to many of them is “no” and it does not appear that
mitigation is being planned to address the negative impacts.
The questions to be addressed are:
1. Surface and Ground Water
1. cause negative effects on surface water quality, quantities or flow?
2. cause negative effects on ground water quality, quantity or movement?
3. cause significant sedimentation or soil erosion or shoreline or riverbank erosion
on or off site?
4. cause negative effects on surface or ground water from accidental spills or
releases (e.g., leachate) to the environment?
2. Land
1. cause negative effects on residential, commercial, institutional or other sensitive
land uses within 500 metres from the site boundary?
2. not be consistent with the Provincial Policy Statement, provincial land use or
resource management plans?
3. be inconsistent with municipal land use policies, plans, zoning by-laws (including
municipal setbacks)?
4. use lands not zoned as industrial, heavy industrial or waste disposal?
5. use hazard lands or unstable lands subject to erosion?
6. cause negative effects related to the remediation of contaminated land?
3. Air and Noise
1. cause negative effects on air quality due to emissions (for parameters such as
temperature, thermal treatment exhaust flue gas volume, nitrogen dioxide,
sulphur dioxide, residual oxygen, opacity, hydrogen chloride, suspended
particulates, or other contaminants)?
2. cause negative effects from the emission of greenhouse gases (e.g., carbon
dioxide, carbon monoxide, methane)?
3. cause negative effects from the emission of dust or odour?
Page 113
Attachment 4
2
4. cause negative effects from the emission of noise?
5. cause light pollution from trucks or other operational activities at the site?
4. Natural Environment
1. cause negative effects on rare (vulnerable), threatened or endangered species of
flora or fauna or their habitat?
2. cause negative effects on protected natural areas such as, ANSIs, ESAs or other
significant natural areas?
3. cause negative effects on designated wetlands?
4. cause negative effects on wildlife habitat, populations, corridors or movement?
5. cause negative effects on fish or their habitat, spawning, movement or
environmental conditions (e.g., water, temperature, turbidity, etc.)?
6. cause negative effects on locally important or valued ecosystems or vegetation?
7. increase bird hazards within the area that could impact surrounding land uses
(e.g., airports)?
5. Resources
1. result in practices inconsistent with waste studies and/or waste diversion targets
(e.g., result in final disposal of materials subject to diversion programs)?
2. result in generation of energy that cannot be captured and utilized?
3. be located a distance from required infrastructure (such as availability to
customers, markets and other factors)?
4. cause negative effects on the use of Canada Land Inventory Class 1-3, specialty
crop or locally significant agricultural lands?
5. cause negative effects on existing agricultural production?
6. Socio-economic
1. cause negative effects on neighbourhood or community character?
2. result in aesthetics impacts (e.g., visual and litter impacts)?
3. cause negative effects on local businesses, institutions or public facilities?
4. cause negative effects on recreation, cottaging or tourism?
5. cause negative effects related to increases in the demands on community
services and infrastructure?
6. cause negative effects on the economic base of a municipallity or community?
7. cause negative effects on local employment and labour supply?
8. cause negative effects related to traffic?
Page 114
Attachment 4
3
9. be located within 8 km of an aerodrome/airport reference point?
10. interfere with flight paths due to the construction of facilities with height (i.e.,
stacks)?
11. cause negative effects on public health and safety?
7. Heritage and Culture
1. cause negative effects on heritage buildings, structures or sites, archeological
sites or areas of archeological importance, or cultural heritage landscapes?
2. cause negative effects on scenic or aesthetically pleasing landscapes or views?
8. Aboriginal
1. cause negative effects on land, resources, traditional activities or other interests
of Aboriginal communities?
9. Other
1. result in the creation of non-hazardous waste materials requiring disposal?
2. result in the creation of hazardous waste materials requiring disposal?
3. cause any other negative environmental effects not covered by the criteria
outlined above?
If a response to a question indicates “Yes”, there is potential for negative environmental
effects, the proponent must provide additional information and analysis in the
Environmental Screening Report to describe those effects, identify impact management
measures (including mitigation measures) to prevent or reduce the effects, and assess
the significance of any net effects.
[Source: Guide to environmental assessment requirements for waste management
projects (MECP, March 2007)]
Page 115
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor Foster and Members of Council
From: Trevor Pinn, CPA, CA – Director of Financial Services/Treasurer
Date: October 5, 2021
File No.:
Re: Questions Arising at Audit and Accountability Committee from Financial
Update at June 30, 2021
Background
On September 28, 2021, the Audit and Accountability Committee met for their regular
meeting. At this meeting, Report IAS-003-21 Financial Update as at June 30, 2021 was
discussed.
There were two questions which required follow up, this memo addresses these questions.
Summary of Revenue for Community Services
Councillor Neal asked for the Community Services revenues to be summarized and totaled.
The report was structured based on department and sub-department, where each revenue
source for Community Services was included in the appropriate sub-department.
The following table summarizes the revenues for Community Services as at June 30, 2021
at the sub-department level:
Sub-Department
2021
YTD
Actual
2021 YTD
Budget
2021 Final
Budget
2021 Total
Unexpended %
130 Admin $2,324 $21,500 $21,500 89.2%
420 Recreation Services
Administration 0 1,040 1,230 100.0%
421 Facilities 138,524 1,093,011 1,969,479 93.0%
423 Concessions 0 34,005 34,990 100.0%
Page 116
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
Sub-Department
2021
YTD
Actual
2021 YTD
Budget
2021 Final
Budget
2021 Total
Unexpended %
424 Aquatic Programs 99,173 611,661 776,373 87.2%
425 Fitness Programs 31,321 407,497 436,454 92.8%
426 Fitness Programs 2,237 199,787 309,085 99.3%
427 Community Development 71,350 98,410 164,650 56.7%
428 55+ Active Adults 6,304 96,021 122,347 94.8%
429 Customer Services 377 13,643 16,500 97.7%
Total Community Services $351,610 $2,576,575 $3,852,608 90.8%
While the above indicates that revenues are at 13% of the second quarter year to date
budget allocations, the net levy impact is approximately $50,000 higher than the
equivalent. This is due to cost mitigation steps taken by Community Services. At June 30,
2021 we had allocated $8,229,215 (net of user fees) for Community Services, despite
revenue shortfalls our net position is $8,275,632 indicating budget is on track.
Timing of Bowmanville Cemetery Expansion
Councillor Hooper inquired as to the timing and or plans for expansion of cemeteries
within Clarington, particularly at the Bowmanville Cemetery. In the 2020 budget, an
expansion of the Bowmanville Cemetery was approved for $1,335,000 of which
$1,192,500 was development charges related. The Public Works Department, with
Purchasing Services Division of Financial Services, will be issuing the tender for this
project in the winter of 2021/2022 with a spring 2022 construction start date; it is
anticipated that the project will be completed by the end of the summer 2022.
Public Works is presently progressing through the final stages of detailed design of the
Bowmanville Cemetery Expansion. A consultant has been hired with CLOCA and it was
determined that there was wetland potential at the west limit of the property. Public Works
has retained an environmental consultant to investigate, and it has confirmed the
wetland. Public Works will be undertaking a staking delineation of the wetland with
CLOCA later in October. The remaining portion of the design does not have significant
issues.
Page 117
Page 3
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 there are any additional questions, please contact me.
Respectfully submitted,
Trevor Pinn, CPA, CA
Director of Financial Services/Treasurer
Financial Services Department
cc: Andrew Allison – CAO
Catherine Carr – Internal Audit Manager
Department Heads
Administrative Assistants
Page 118
1
Patenaude, Lindsey
From:Patenaude, Lindsey
Sent:Monday, September 20, 2021 10:52 AM
To:Patenaude, Lindsey
Subject:FW: RMD Contract D2020-32 - Request for Noise By-Law Exemption for October 14 - November 5,
2021
From:Michael Harris <Michael.Harris@durham.ca>
Sent:September 16,2021 11:59 AM
To:ClerksExternalEmail <clerks@clarington.net>
Cc:Brezina,Robert <RBrezina@clarington.net>;Ricciardi,Tony <TRicciardi@clarington.net>;Heathcote,Kevin
<KHeathcote@clarington.net>;Cory Manion <Cory.Manion@Durham.ca>;Ben McWade <Ben.McWade@durham.ca>;
Ryan Colvin <Ryan.Colvin@Durham.ca>;Paul Storms <paul.storms@durham.ca>;Andrew Gorman
<Andrew.Gorman@durham.ca>
Subject:RMD Contract D2020 32 Request for Noise By Law Exemption for October 14 November 5,2021
EXTERNAL
Hello,
The Region of Durham is administering Contract D2020 32,Phase 2 of the Courtice Trunk Sanitary Sewer,on Townline
Road between Beatrice Street and Coldstream Drive.The construction work is progressing and our Contractor has
provided a schedule update indicating that their work will progress into the Townline Road and Taunton Road
intersection starting October 14,2021.The Contractor anticipates that they will need until November 5,2021 to
complete the work within the intersection,which includes open cut excavation of a deep trunk sanitary sewer,
groundwater dewatering,storm sewer relocations and restoration of traffic signals and roadway pavements.
The Contract documents prescribe that the Contractor work continuously with 2 crews up to 24hrs per day while this
intersection is fully closed to traffic in order to minimize the duration of the intersection closure and its associated traffic
disruption,all while keeping the work site safe for workers and the general public.This approach was included in design
review submissions reviewed and commented on by Municipality of Clarington staff.
With the recently provided construction schedule from our Contractor,we respectfully submit this request for a Noise
By Law exemption for the period of October 14 to November 5,2021 for the purpose of constructing the trunk sanitary
sewer through the Townline and Taunton Road intersection.Noise generated will be from heavy construction
equipment working on the site.
The Region’s Construction Team’s primary contact is:
Cory Manion C.Tech
Project Supervisor
Construction Management |Works Department |The Regional Municipality of Durham
605 Rossland Road East,Whitby ON.L1N 6A3
Cell:289 927 2160
cory.manion@durham.ca
Please let us know if you need any additional information.
Page 119
2
Michael Harris,P.Eng.|Project Engineer
Environmental Services Design Division –Works Department
The Regional Municipality of Durham
michael.harris@durham.ca |(O)905 668 7711 x3458 (M)289 830 4377|durham.ca
My pronouns are he /him
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 120
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council
From: Stephen Brake, Director of Public Works
Date: October 8, 2021
Re: Michael Harris, P. Eng., Project Engineer, Region of Durham, Regarding a
Request for Noise By-law Exemption for October 14, 2021, to November 5,
2021
During the September 27, 2021 General Government Committee meeting, Council passed
resolution #GG-448-21 directing Staff to request additional information from the Region of
Durham regarding a Noise By-law Exemption request for Townline Road in Courtice
between October 14, 2021 to November 5, 2021.
Public Works Staff have followed up with the Region regarding the request for the Noise By-
law Exemption. The intersection closure is now tentatively scheduled to occur between
November 11, 2021 to November 22, 2021, subject to change based on schedule and
weather. The Region has committed to keeping Municipality of Clarington Public Works
Staff updated on the project status.
A public notice has not yet been delivered to residents for the overnight work. Typically, the
Region arranges to deliver the notices a week prior (or sooner if possible) to residents. An
ad will also be placed in the local newspaper a week prior, and a social media blast would
be included.
The Region will continue to have staff representation on-site when the Contractor is working.
They also held a virtual public meeting Wednesday Oct 6, 2021 with several residents about
the overall project.
Staff inquired about the option to provide overnight hotel stays to accommodate residents,
however, it is not standard practice for noise by-law exemption periods.
Regards,
Stephen Brake, Director of Public Works
SB/TR
cc: Tony Ricciardi, Manager of Infrastructure, Public Works
Kevin Heathcote, Capital Works Supervisor, Public Works
Page 121
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131
To: Mayor and Members of Council
From: Trevor Pinn, Director Financial Services/Treasurer
Date: October 12, 2021
Re: FSD-044-21 Snow Clearing Services
At the September 27, 2021, General Government Committee Meeting and the
September 28, 2021, Audit and Accountability Committee Meeting there were
discussions surrounding the cost of the Snow Clearing Services for the 2021-24
winter seasons. As a result of the discussions staff revisited the tender document in
an effort to find ways of reducing the cost for the Snow Clearing Services contract.
During the review, staff noticed discrepancies which needed to be rectified. The
discrepancies included sand/salt vs salt only for spreading at most locations, unit of
measure discrepancies of square metres vs linear metres for sidewalks, walkways
and pathways and square metres vs location for crosswalks. Staff also removed the
requirement of clearing the aisles only at all facility and municipal parking lots,
leaving the requirement to clear the entire lot at facility and municipal parking lots.
Rectifying these discrepancies would result in a number of changes to the
requirements of the original tender document and it was decided that the most fair
and transparent approach was to invite the two compliant bidders, GWS Landscaping
and BJ Flint & Sons who submitted pricing for the Snow Clearing Services tender to
be allowed to resubmit pricing for the revised requirements.
Staff met with the two bidders to inform them of the revised requirements and request
that they submit new pricing. Discussions with the two bidders included the possibility
of reducing the contract term from three years with two optional one-year terms to a
one year with two optional one-year terms. Both bidders advised that this reduction
would significantly impact pricing as a reduced term would increase the annual cost
to the Municipality. The bidders also informed staff that the rising costs in insurance
premiums incurred by the companies for this type of service is a reflection of the
Page 122
MEMO
insurance market as a whole for snow clearing services and is reflected in the pricing
provided.
Bids were received within the stipulated time and the new pricing information is
outlined below:
Bidder
Original Pricing for
Year One of a Three-
Year Contract
Total Bid
(Net HST Rebate)
Revised Pricing for
Year One of a Three-
Year Contract
Total Bid
(Net HST Rebate)
Estimated Revised
Three-Year
Contract Total Bid
(Net HST Rebate)
GWS Landscaping Inc. $1,003,711.59 $1,184,654.06 $3,553,962.18
BJ Flint and Sons 1,739,397.93 1,351,942.66 4,055,827.97
Trevor Pinn, CPA, CA
Director of Financial Services/Treasurer
Financial Services Department
cc: Andrew Allison, CAO
Steve Brake, Director of Public Works
David Ferguson, Purchasing Manager
Page 123
MUNICIPALITY OF CLARINGTON
Council
RESOLUTION #________
DATE October 18, 2021
MOVED BY Councillor Zwart
SECONDED BY ___________________
That the foregoing resolution, related to Report FSD-044-21, be amended to add
the following:
That Staff be directed to work with the boards of the following Municipal
facilities to cover the cost of snow clearing for the 2021-2022 winter season
with funds to come from COVID Recovery Fund:
Bowmanville Memorial Park
Brownsdale Community Centre
Hampton Hall
Haydon Community Centre
Kendal Community Centre
Newcastle Memorial Arena
Newcastle Town Hall
Newtonville Hall
Orono Town Hall
Orono Arena & Community Centre
Solina Hall
Tyrone Hall
Visual Arts Centre
Page 124
Staff Report
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Report To: Audit and Accountability Committee
Date of Meeting: June 29, 2021 Report Number: FSD-036-21
Submitted By: Trevor Pinn, Director of Financial Services/Treasurer
Reviewed By: Andrew C. Allison, CAO Resolution#:
File Number: [If applicable, enter File Number] By-law Number:
Report Subject: Purchasing By-law Review 2021
Recommendations:
1. That Report FSD-036-21 be received;
2. That the updated By-law attached to this Report (Attachment 1) be passed; and
3. That all interested parties listed in Report FSD-036-21 and any delegations be
advised of Council’s decision.
Page 125
Municipality of Clarington Page 2
Report FSD-036-21
Report Overview
To request authorization from Council to update the Purchasing By-law No. 2015-022.
1. Background
1.1 At its meeting held on, March 9, 2015 General passed resolution #GPA-191-15
adopting the revised Purchasing By-law designed to meet departmental requirements
and operational needs while ensuring effective controls. As a requirement of the
Purchasing By-law, the Purchasing Manager is required to undertake a comprehensive
review of the Purchasing By-law every five years. The proposed updated By-law
(Attachment 1) repeals the existing By-law 2015-022.
1.2 The Purchasing By-law outlines the authority for the procurement of goods and
services, including the following:
The authority and duties of the Purchasing Manager
The process for bid solicitation and awarding of contracts
The conditions under which goods and services can be sourced without a
competitive process
Purchasing limits and delegation of authority
Compliance
Pricing/cost
2. Review Process
2.1 The Director of Financial Services/Treasurer and Staff from the Purchasing Services
Division established a working team to review and discuss revisions to the Purchasing
By-law to address operational improvements. Several meetings were held to review and
discuss the various sections of the Purchasing By-law. While some of the changes are
substantive, many of the changes are administrative.
2.2 The changes being proposed will allow Purchasing Staff to focus on higher dollar value
purchases, shorten the lead time for the procurement of goods and promote efficiencies.
A summary of proposed revisions to the new Purchasing By-law are shown below:
Page 126
Municipality of Clarington Page 3
Report FSD-036-21
By-law Provisions
1. Definition
Include a definition for Single Source purchase
Include a definition for Sole Source purchase
2. Bid Types and Limits
a) Informal Request for Quotation
Increase the authority to make acquisitions from between $5,000 - $25,000 to
between $5,000 - $50,000
b) Formal Request for Quotation
Increase the authority to make acquisitions from between $25,000 - $100,000
to between $50,000 - $100,000
c) Bonds and Deposits
Reword to delete any reference to cash and envelope and to include
accepting e-Bond.
d) Bid Procedure
Delete any reference to hard copy submission and replace with “electronic
process”
e) Bid Opening
Delete any reference to hard copy submission and public opening and
replaced with “Unless otherwise stated, all Bids shall be opened by the
Purchasing Manager and results posted publicly on the Municipality’s
website”.
f) Approval Limits and Reporting
Change CAO’s approval limit from $250,000 to $500,000
Change the limit for award of contract for goods and services requiring
Committee’s approval from $250,000 to $500,000
Page 127
Municipality of Clarington Page 4
Report FSD-036-21
Department Head may hire a consultant directly if the cost is below $25,000,
down from $30,000, in line with the treatment for other purchases
CAO will approve hiring of consultants between $25,000 to $50,000
Change the limit for award of contract for consulting and professional services
requiring Committee’s approval from $30,000 to $50,000.
3. General Purchasing Policies
a) Fair Wage Policy
Deleted
b) Lobbying
Included a new section on lobbying as follows:
All prospective bidders are prohibited from lobbying any member of Council, staff
and consultants, appointed member and any staff of any Board during the period
commencing at the time of issuing a bid solicitation and ending at the time of the
award of the contract. The Municipality may reject any bid by a supplier that
engages in such lobbying, without further consideration, and may terminate that
supplier’s right to continue in the bid solicitation process.
4. Schedule A
Delete Engineering Services and Engineering Consulting Services from Schedule
from Schedule A.
5. Other Changes
Other changes made are administrative in nature.
6. Future changes
The Purchasing Services Division and the Energy and Climate Change Response
Co-Ordinator are working together on a green procurement policy. A separate report
will be sent to Council once the policy has been finalised.
Page 128
Municipality of Clarington Page 5
Report FSD-036-21
3. Concurrence
Departments Heads have been consulted during the review process and the report has
been reviewed by the Director of Municipal Services/Municipal Solicitor who concurs
with the recommendation.
4. Conclusion
4.1 Overall, the general consensus is that the By-law facilitates efficient procurement
processes and effectively meets the operating requirements of the Municipality's
operating Departments while ensuring appropriate controls and accountability
measures.
4.2 It is respectfully recommended that the By-law attached to this report as attachment #1
be passed.
Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 Ext 2209 or
dferguson@clarington.net
Attachment:
Attachment 1 – Proposed updated Purchasing By-law.
Interested Parties:
There are no interested parties to be notified of Council's decision.
Page 129
Attachment 1 to FSD-036-21
Purchasing By-Law 2021-xxx
Table of Contents
Part 1 – Interpretation ................................................................................................... 3
Definitions .................................................................................................................... 3
Word Usage ................................................................................................................. 5
Severability .................................................................................................................. 6
References ................................................................................................................... 6
Application ................................................................................................................... 6
Part 2 – Authority .......................................................................................................... 6
Purchasing Manager Authority ..................................................................................... 6
Approval Authority ........................................................................................................ 6
Signing Authority ........................................................................................................... 7
Part 3 – Bid Types and Limits ...................................................................................... 7
Purchases up to $5,000 .............................................................................................. 7
Informal Request for Quotation ($5,001 - $50,000) ...................................................... 7
Formal Request for Quotation ($50,001 - $100,000) ................................................... 7
Acquisitions over $100,000 .......................................................................................... 7
Routine Purchases ....................................................................................................... 8
Negotiations / Single / Sole Source Purchases ............................................................ 8
Requests for Proposal ................................................................................................. 8
Product Demonstrations and Information ..................................................................... 9
Bid Pre-Qualification .................................................................................................... 9
Bonds and Deposits ..................................................................................................... 9
Initial Bid Procedures ................................................................................................. 10
Changes to Bids under Call ....................................................................................... 11
Withdrawal of Bids ..................................................................................................... 12
Bid Opening ............................................................................................................... 12
Verification of Bids ..................................................................................................... 12
Rejection of Bids ........................................................................................................ 13
Bid Cancellation ......................................................................................................... 14
Absolute Right ............................................................................................................ 14
Local Preference ........................................................................................................ 14
Page 130
Purchasing By-Law No. 2021-xxx Page 2
Approval Limits and Reporting (Excluding Consulting and Professional Services) ....... 15
Council Recess Procedures ....................................................................................... 15
Consulting and Professional Services (Excluding Schedule “A” Exemptions)............ 15
Co-Operative Purchasing ........................................................................................... 16
Emergency Purchases ............................................................................................... 16
Part 4 – General Purchasing Policies ........................................................................ 16
Default By Successful Bidder ..................................................................................... 16
Conflict of Interest ...................................................................................................... 17
Access and Disclosure ............................................................................................... 17
Records Retention and Destruction ........................................................................... 17
Complaints and Inquiries ........................................................................................... 18
Insurance ................................................................................................................... 18
Purchasing Cards ...................................................................................................... 18
Disposal of Goods ...................................................................................................... 18
Over Expenditures ..................................................................................................... 19
Sustainability .............................................................................................................. 19
Accessibility for Ontarians with Disabilities Act, 2005 ................................................ 19
Part 5 – General Provisions ........................................................................................ 19
By-Law Review .......................................................................................................... 19
Repeal ....................................................................................................................... 19
Effective Date ............................................................................................................. 19
Schedule “A” ............................................................................................................... 21
Page 131
Purchasing By-Law No. 2021-xxx Page 3
If this by-law is required in an alternate accessible format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2021-xxx
being a by-law to provide policies and procedures
for the procurement of goods and services.
WHEREAS pursuant to section 270 of the Municipal Act, 2001, the Corporation is
required to establish and maintain policies with respect to its procurement of goods and
services; and
WHEREAS the Corporation wishes to procure goods and services in the most efficient
and cost effective manner possible; and
WHEREAS the Corporation is committed to ensuring that its procurement policies and
procedures are fair, open and transparent.
NOW THEREFORE the Corporation of the Municipality of Clarington hereby enacts as
follows:
Part 1 – Interpretation
Definitions
1. In this by-law,
“Acquisition” means the purchase of a Good and/or Service for use on a permanent
or temporary basis;
“Bid” means a Proposal, Quotation or Tender;
“Bidder” is a Person who responds to a Bid Solicitation;
“Bid Solicitation” means a request by the Corporation for Bids for the provision of
Goods and/or Services through an RFP, RFQ or RFT;
“CAO” means the Chief Administrative Officer of the Corporation or a designate;
“Clerk” means the Municipal Clerk of the Corporation or a designate;
Page 132
Purchasing By-Law No. 2021-xxx Page 4
“Committee” means the General Government Committee of Council;
“Consulting and Professional Services” means services provided by architects,
engineers, designers, environmental consultants, surveyors, management and
financial consultants, bankers, auditors, brokers, soil consultants, real estate
appraisers, Ontario land surveyors, web designers or any other consultant or
professional, but does not include any consulting and professional services referred
to in Schedule “A”;
“Corporation” means The Corporation of the Municipality of Clarington;
“Cost” means the actual cost of an Acquisition excluding taxes;
“Contract” means an agreement between two or more Persons one of whom is the
Corporation;
“Council” means the Council of the Corporation;
“Department” means a Department of the Corporation identified on the annual
organization charts and reflected in the prevailing budget;
“Department Head” means the Director of one of the Departments or a designate;
“Disqualified Bidder” means a Bidder that has provided unsatisfactory Goods
and/or Services to the Corporation and consequently had a Contract terminated or
been notified by the Purchasing Manager that they are not eligible to submit a Bid;
“Expression of Interest” or “EOI” means general market research used prior to a
Bid Solicitation to determine if there is an interest in a proposed Acquisition;
“Goods and/or Services” means any goods and/or services required by the
Corporation other than goods and/or services listed in Schedule “A”;
“Local Board” means a local board (as that term is defined in the Municipal Act,
2001) of the Corporation;
“Person” includes an individual, association, firm, partnership, corporation, union,
trust, organization, trustee or agent, and their heirs, executors, administrators,
successors and assigns;
“Proposal” means an offer from a Bidder made in response to an RFP;
“Purchase Order” means a Contract or a written acceptance of a Proposal, issued
on forms prescribed by the Purchasing Manager;
“Purchasing Manager” means the Purchasing Manager of the Corporation or a
designate;
Page 133
Purchasing By-Law No. 2021-xxx Page 5
“Quotation” means an offer from a Bidder made in response to an RFQ;
“Request for Proposal” or “RFP” is a form of Bid Solicitation in which the
Corporation invites one or more potential suppliers to submit proposals with respect
to the supply of particular Goods and/or Services, which the Purchasing Manager in
consultation with the Department Head, determines may be dependent upon non-
price factors and may require negotiations between a Bidder and the Corporation
before a Contract is made between them;
“Request for Quotation” or “RFQ” is a form of Bid Solicitation in which the
Corporation requests either informal quotations or formal quotations;
“Request for Tender” or “RFT” is a form of Bid Solicitation in which the Corporation
publishes the specifications, terms, conditions and details concerning a proposed
Contract, and invites or advertises prospective Bidders to submit Tenders;
“Responsive and Responsible Bidder” is a Person responding to a Bid Solicitation
who complies with its provisions and who can reasonably be expected to provide
satisfactory performance of a proposed Contract based on reputation, references,
performance on previous contracts, and proof of sufficient financial and other
resources;
“Single Source Purchase” means a non-competitive purchase where there are
other suppliers of the product or service available, however, for reasons such as
emergency, proprietary, matching existing equipment, health and safety concerns,
time constraints, etc., the purchase is sourced to a specific vendor.
“Sole Source Purchase” means a non-competitive purchase where there is only
one supplier of the product or services and as a result a competitive quotation
process is not possible.
“Tender” means an offer received from a Bidder in response to an RFT;
“Treasurer” means the Director of Financial Services/Treasurer of the Corporation
or a designate; and
“Weighted Evaluation Criteria” means criteria that are taken into account when
evaluating Proposals including qualitative, technical and pricing considerations.
Word Usage
2. This by-law shall be read with all changes in gender or number as the context may
require.
3. A grammatical variation of a defined word or expression has a corresponding
meaning.
Page 134
Purchasing By-Law No. 2021-xxx Page 6
Severability
4. Should any section or part of this by-law be held by a Court of competent
jurisdiction to be invalid, the remainder of this by-law shall not be affected.
References
5. In this by-law, reference to any Act, By-law or Policy is reference to that Act, By-
law or Policy as it is amended or re-enacted from time to time.
6. Schedule “A” (Exempt Good and/or Services) is attached to and forms part of this
by-law.
7. All references to dollar figures are Canadian dollars.
8. Unless otherwise specified, reference in this by-law to a clause, section or
Schedule is to a clause, section or Schedule in this by-law.
Application
9. This by-law shall not apply to the acquisition of any interests in real property. Such
matters shall be governed by By-Law 2011-011 and subsequent by-law.
10. This by-law shall not apply to the Acquisition of any Goods and/or Services listed in
Schedule “A”.
Part 2 – Authority
Purchasing Manager Authority
11. The Purchasing Manager shall have the authority to act as agent of the
Corporation for the purpose of acquiring all Goods and/or Services required by
the Corporation.
12. The Purchasing Manager shall determine the method of Acquisition having
regard to the nature, importance or urgency associated with the purchase
requisition, subject to the general trade practice, market conditions and the
provisions of this by-law.
Approval Authority
13. No employee of the Corporation shall have the authority to make or approve an
Acquisition or award a Contract for any Good and/or Service unless funds for such
Acquisition have been allocated in a budget approved by Council. If a
recommended Bid is in excess of an approved budget limit but within the approval
limits of this by-law, the Treasurer, after consultation with the Department Head,
must approve the source of additional funding.
Page 135
Purchasing By-Law No. 2021-xxx Page 7
14. Contracts shall not be split so as to circumvent the established method of purchase
or the approval limits imposed by this by-law unless, in the opinion of the
Purchasing Manager, after consultation with the Department Head, if it is deemed
advantageous to acquire components of a major project through separate
Contracts.
Signing Authority
15. Authority to make or approve an Acquisition or award a Contract for any Good
and/or Service includes the power to sign all documents necessary to effect the
Acquisition. Where a Department Head or the CAO has the authority to sign a
Contract, the Purchasing Manager may sign on their behalf.
Part 3 – Bid Types and Limits
Purchases up to $5,000
16. Goods and/or Services not exceeding a Cost of $5,000, (excluding computers,
software, computer accessories and cell phones) do not require the submission of a
Purchase Order (unless one is required by the vendor) and may be purchased by
individual Departments as required at the lowest available Cost. However, if a term
order or another form of Contract is established, then the Department must
purchase from the Contract vendor. Computers, software, computer accessories
and cell phones must be ordered in coordination with the IT Division using a
Purchase Order.
Informal Request for Quotation ($5,001 - $50,000)
17. The Purchasing Manager shall have the authority to make Acquisitions for which
the Cost is between $5,001 up to a maximum of $50,000 at the lowest available
Cost, provided a minimum of three Quotations have been received where they are
reasonably required and possible to obtain.
Formal Request for Quotation ($50,001 - $100,000)
18. The Purchasing Manager shall have the authority to make Acquisitions for which
the Cost is between $50,001 up to a maximum of $100,000 at the lowest
available Cost, provided where they are reasonably required and possible to
obtain, at least three formal Quotations have been received and the lowest
Responsive and Responsible Bid received is acceptable.
Acquisitions over $100,000
19. Subject to sections 20, 21 and 23, Acquisitions that are anticipated to have a
Cost in excess of $100,000 shall be made through an RFT.
Page 136
Purchasing By-Law No. 2021-xxx Page 8
Routine Purchases
20. Where, in the opinion of the Purchasing Manager in consultation with the
Department Head, a proposed Acquisition is of a routine and repetitive nature, the
Purchasing Manager may obtain written Bids from suppliers and a Contract may
be awarded.
Negotiations / Single / Sole Source Purchases
21. In place of a Bid Solicitation, Goods and/or Services may be purchased through
negotiation, Single or Sole source purchases where, in the opinion of the
Purchasing Manager in consultation with the Department Head,
(a) the sources of supply are restricted to the extent that there is no effective
price competition;
(b) the purchase involves Goods and/or Services,
(i) that are in short supply due to market conditions;
(ii) for which there is no reasonable substitute or competitive product; or
(iii) for which compatibility with an existing product/services is the
overriding consideration;
(c) the purchase involves specialized preassembled goods;
(d) the Bid from the lowest Responsive and Responsible Bidder substantially
exceeds the estimated Cost;
(e) no Bid from a Responsive and Responsible Bidder is received and it is
impractical to issue another Bid Solicitation;
(f) the extension or reinstatement of an existing Contract would prove most
cost-effective or beneficial to the Corporation;
(g) the terms and conditions of a Proposal provide for negotiation with the
selected Bidder; or
(h) Council has specifically authorized an Acquisition through negotiation.
22. In the case of a Contract for a construction project, negotiations shall be conducted
in accordance with the Canadian Construction Documents Committee (C.C.D.C.)
Document 23 published by the Canadian Construction Association where expressly
required by the provisions of an RFT.
Requests for Proposal
23. Irrespective of the anticipated Cost, where the Purchasing Manager in
consultation with the Department Head determines that a proposed Acquisition
involves unique or complicated circumstances, the Acquisition may be made
through the use of an RFP.
Page 137
Purchasing By-Law No. 2021-xxx Page 9
24. (1) In this section, “Two Envelope Method” means a procurement process in
which,
(a) a Bid is submitted in two separate envelopes, the first of which
contains technical and qualitative information and the second of
which contains price information; and
(b) W eighted Evaluation Criteria are applied and the second envelope is
opened only if the first envelope shows the Bidder to be qualified.
(2) The Purchasing Manager, in consultation with the Department Head, may
use an RFP process that utilizes a Two Envelope Method.
25. RFPs may be called by public advertisement or invitation to specific Bidders.
26. All RFPs shall be submitted in the prescribed manner and delivered to the
Purchasing Manager.
27. It is the Corporation’s general policy to select the Proposal that best meets the
requirements of the RFP based on Weighted Evaluation Criteria.
Product Demonstrations and Information
28. No requests for prices or demonstrations for approved projects or programs above
$5,000 shall be made without prior consultation with the Purchasing Manager.
29. Requests on behalf of the Corporation may be made by Department Heads for
informal non-binding product and technical information, catalogues and price lists.
Each Department Head shall provide the Purchasing Manager with such data,
specification details and information relating to a proposed Acquisition, including the
Corporation’s approved budget prices. The Purchasing Manager shall obtain all
binding or estimated prices provided by potential Bidders.
Bid Pre-Qualification
30. (1) In this section, “Pre-qualification” means a procedure whereby a prospective
Bidder satisfies the Corporation that it is capable of supplying a particular Good
and/or Service as a condition of being allowed to submit a Bid.
(2) If, in the opinion of the Purchasing Manager, Pre-qualification is required, the
Contract, if awarded at all, must be awarded to the lowest Responsive and
Responsible Bidder who has been pre-qualified.
Bonds and Deposits
31. All Bid deposits required as part of any Bid Solicitation shall be provided by certified
cheque, bank draft or money order made payable to "The Corporation of the
Municipality of Clarington". Bid bonds, including electronic bond, shall be issued by
a licensed surety company authorized to carry on business in Ontario, and shall be
Page 138
Purchasing By-Law No. 2021-xxx Page 10
in an amount and in a form satisfactory to the Corporation. Bid deposits shall be
submitted in accordance with the following schedule, unless otherwise specified in
the Bid Solicitation:
Total Amount of Bid Minimum Bid Deposit Required
Up to $20,000.00 $1,000.00
Up to $50,000.00 $2,000.00
Up to $100,000.00 $5,000.00
Up to $250,000.00 $10,000.00
Up to $500,000.00 $25,000.00
Up to $1,000,000.00 $50,000.00
Up to $2,000,000.00 $100,000.00
Over $2,000,000.0 $200,000.00
32. When the deposit of a performance bond and/or labour and material payment bond
is a requirement of a Bid Solicitation, such bonds shall be,
(a) in the amounts specified in the Bid documents;
(b) issued by a licensed surety company authorized to carry on business in
Ontario;
(c) in a form approved by the Corporation; and
(d) delivered by the Bidder to the Purchasing Manager prior to execution of the
Contract.
33. Following the award of a Contract, all deposits that are in the form of certified
cheques or money orders, except for the deposits supplied by the successful and
next to successful Bidders in the case of a Contract award, shall be returned to the
unsuccessful Bidders. Retained Bid deposits shall be held until the Contract is
executed by the Corporation, unless otherwise determined by the Purchasing
Manager.
34. Following the cancellation of a Bid Solicitation, all deposits shall be returned to the
Bidders.
35. If a successful Bidder fails to enter into a Contract, the Bid deposit shall be forfeited
to the Corporation. If a Bid bond is deposited, it may be called by the Treasurer
and the amount of money thereby obtained shall be forfeited to the Corporation.
Initial Bid Procedures
36. If required, Bid Solicitations shall be advertised in the method deemed most
appropriate by the Purchasing Manager which may include, but shall not be limited
to periodicals, newspapers and/or websites.
Page 139
Purchasing By-Law No. 2021-xxx Page 11
37. All closing times shall be established by the Purchasing Manager.
38. The Purchasing Manager shall make the bid document available to all prospective
Bidders through an electronic process.
39. Where a fee is required for Bid documents, prospective bidders shall be required
to pay for the bid document in the manner stipulated in the call document”
List of Registered Bidders
40. Contact information of all prospective Bidders who have obtained or who have
requested the material set out in Section 38 shall be recorded in order to facilitate
distribution of addenda when necessary to change or cancel a Bid under call.
Changes to Bids under Call
41. Interpretations of, or qualifications or changes to, a Bid Solicitation shall be made in
the form of a written addendum. Addenda shall be necessary to revise, delete,
substitute or add to a Bid under call. The Purchasing Manager shall approve the
issuance of any addendum or the cancellation of a Bid Solicitation.
42. A copy of each addendum or a notice of posting of each addendum shall be
forwarded to registered Bidders by electronic means and posted on the
Corporation’s website.
43. Where an addendum is released after the receipt of one or more Bids which, in the
opinion of the Purchasing Manager, may affect a Bid, all Bids received prior to the
Bid closing may be withdrawn.
44. The Purchasing Manager in consultation with the Department Head may cancel a
Bid Solicitation either before or after Bids are opened. The procedure for the
notification to Bidders set out in section 42 shall apply to a notice of cancellation. If
a Bid is cancelled prior to opening, all Bids received after cancellation shall be
rejected.
Formal Bid Submissions
45. The Purchasing Manager shall,
(a) record time and date of all Bids received, in an appropriate manner;
(b) refuse to accept any Bid from a Disqualified Bidder;
(c) record all accepted Bids;
(d) maintain safe control of all accepted bids until needed;
Page 140
Purchasing By-Law No. 2021-xxx Page 12
(e) refuse to accept any Bid that is not received in accordance with the terms and
conditions of the bid document, prior to the closing time established for that Bid.
Reasons for nonacceptance shall be communicated to the Bidder.
Withdrawal of Bids
46. A Bid can only be withdrawn prior to the close of Bids, as stipulated in the bid
documents. Requests to withdraw received following the close of Bids shall not
be accepted.
Bid Opening
47. Unless otherwise stated, all Bids shall be opened by the Purchasing Manager and
results posted publicly on the Municipality’s website
48. All Bids shall be checked to determine that each Bidder has submitted one Bid only.
Should more than one Bid be submitted, and no withdrawal notice has been
received, the Bid with the latest time stamp shown shall be deemed to have
superseded the earlier Bid and the Bidder shall be bound by the contents of the
more recent Bid. If surety bonds are required to be submitted with the Bid at the
time of closing, and the Bidder has included the required surety bonds with the first
bid, the surety bonds may be deemed applicable to the Bid submitted with the
second bid received.
49. Any Bid that does not appear on initial examination by the Purchasing Manager to
satisfy the requirements of this by-law shall be deemed an "Improper Bid", but shall
nonetheless be subject to further examination to determine whether it should be
rejected pursuant to sections 51, 52 and 53.
Verification of Bids
50. Every Bid submitted shall be checked by the Purchasing Manager who shall ensure
that,
(a) it complies with the Bid Solicitation requirements;
(b) unit prices have been correctly extended;
(c) extensions have been correctly totalled; and
(d) applicable taxes have been calculated correctly.
51. Any extension errors, addition errors or incorrect tax calculations may be
corrected provided that the Purchasing Manager is satisfied that it is a bona fide
error, and not a price revision.
Page 141
Purchasing By-Law No. 2021-xxx Page 13
Rejection of Bids
52. After Bid opening, the Purchasing Manager shall reject any Bid from a Bidder who
did not attend a mandatory pre-Bid meeting.
53. After Bid opening, the Purchasing Manager may accept or waive a minor and
inconsequential irregularity, or where reasonable to do so, the Purchasing
Manager may, as a condition of Bid acceptance, request a Bidder to correct a
minor and inconsequential irregularity with no change in Bid price. The
determination of what is, or is not, a minor and inconsequential irregularity, the
determination of whether to accept, waive, or require correction of an irregularity,
and the final determination of the validity of a Bid, shall be at the Purchasing
Manager’s sole discretion. Without limiting the generality of the foregoing, the
Purchasing Manager may reject a Bid if it,
(a) is not submitted on the correct Bid form;
(b) is not submitted in the manner specified in the bid document or is illegible or
unclear;
(c) does not provide all entries for all unit prices referred to in the Bid Solicitation
(unless otherwise specified in the Bid Solicitation) or is otherwise incomplete
in any material respect;
(d) includes any restrictive or conditional statement that alters the form or intent
of the Bid;
(e) is not signed by the Bidder with an authorized signature;
(f) does not contain or acknowledge addenda;
(g) is not accompanied by bonding documents or bid deposits or contains an
improper or insufficient Bid deposit, where required;
(h) contains an error that cannot be corrected in accordance with section 51;
(i) is unbalanced, meaning it contains lump sum or unit bid items that do not
reflect reasonable actual costs plus a reasonable proportionate share of
the Bidder's anticipated profit, overhead costs, and other indirect costs;
(j) is from a Bidder or a subcontractor of a Bidder that has an outstanding legal
action against the Corporation, or the Corporation has an outstanding legal
action against the Bidder or a subcontractor of the Bidder including
arbitration or any association or union issues;
(k) is from a Bidder that owes money to the Corporation including outstanding
property taxes; or
Page 142
Purchasing By-Law No. 2021-xxx Page 14
(l) is from a Bidder that is not in compliance with any of the Corporation’s
policies or regulatory by-laws including, but not limited to the Property
Standards By-law.
54. Following the opening and recording of Bids, the record of Bids (including rejected
Bids) shall be closed in the manner approved by the Purchasing Manager.
Bid Cancellation
55. The Purchasing Manager, in consultation with the Municipal Solicitor and the
applicable Department Head, shall have the authority to cancel a Bid Solicitation
either before or after the call has closed if,
(a) a substantial change in the scope of work or specifications is required;
(b) the Goods and/or Services requested no longer meet the Department’s
requirements;
(c) the integrity of the procurement process has been compromised; or
(d) the lowest Responsive and Responsible Bid exceeds the approved funding
limit.
Absolute Right
56. The Corporation shall have absolute discretion in the awarding of Contracts and
retains the right to reject any or all Bids.
Local Preference
57. (1) In this section,
(a) “Local Bid” means a Bid submitted by a Bidder who operates a
business within the Municipality of Clarington; and
(b) “Regional Bid” means a Bid submitted by a Bidder who operates a
business within the Regional Municipality of Durham.
(2) If, in the opinion of the Purchasing Manager, a competitive market exists and
two or more Bids are received which are identical in Cost, provided quality, service
and delivery terms are similar, then priority of acceptance shall be first to a Local
Bid, if any, and second to a Regional Bid, if any.
(3) Ontario’s Discriminatory Business Practices Act, R.S.O. 1990, c.D.12 has
been established to prevent discrimination in Ontario on the grounds of race, creed,
colour, nationality, ancestry, place of origin, sex, or geographical location of persons
employed in or engaging in business. Accordingly, other than as noted in
subsection (2), preference to a Local Bid or a Regional Bid shall not be given.
Page 143
Purchasing By-Law No. 2021-xxx Page 15
Approval Limits and Reporting (Excluding Consulting and Professional Services)
58. The Purchasing Manager shall submit to the Department Head an analysis listing
all Quotations and Proposals received with a recommendation for the Department
Head’s approval if the Cost of the Goods and/or Services does not exceed
$100,000.
59. After consulting with the Department Head, the Purchasing Manager shall prepare
a report to the CAO for approval if the Cost of the Goods and/or Services does not
exceed $500,000.
60. The Purchasing Manager shall prepare a recommendation report to Committee if
the Cost of the Goods and/or Services exceeds $500,000.
Council Recess Procedures
61. (1) Notwithstanding section 60, where a matter which would have otherwise
been submitted to Committee requires approval during any of Council’s recesses,
including elections, the CAO shall be authorized to award the Contract if the
Treasurer is of the opinion that the price is reasonably reflective of the approved
budget allocation and/or is part of the normal operating responsibility of the
Department.
(2) The Purchasing Manager shall report all Contracts awarded under
subsection (1) to Committee as soon as possible after the conclusion of the recess.
(3) Council shall not vary any action or decision of the Contract awards made in
accordance with this section.
Consulting and Professional Services (Excluding Schedule “A” Exemptions)
62. Where it is estimated that the Cost of Consulting and Professional Services will be
less than or equal to $25,000, the Department may obtain the services directly
without issuing a Bid Solicitation.
63. Where it is estimated that the Cost of Consulting and Professional Services will be
more than $25,000, the Purchasing Manager shall issue a Bid Solicitation in
compliance with this By-Law and prepare a report to the CAO for approval.
64. Where it is estimated that the Cost of Consulting and Professional Services will be
more than $50,000, the Purchasing Manager shall issue a bid solicitation, in
consultation with the Department Head and, shall submit a report to Committee
providing a recommendation for award.
65. An external consultant who has entered into a Contract for consulting services for a
particular phase of a project, may be deemed to have a conflict of interest and be
disqualified from submitting a Bid on a later phase of consulting services for the
same project. Any issue as to whether there is a conflict of interest shall be
Page 144
Purchasing By-Law No. 2021-xxx Page 16
determined by the Purchasing Manager in consultation with the Department Head.
This section shall not apply where a consultant has been requested to provide a
budget estimate or general review and estimate for a potential Acquisition.
66. Any consultant authorized to issue a Bid Solicitation on behalf of the Corporation
shall comply with this by-law.
Co-Operative Purchasing
67. (1) In this section, “Co-operative Purchasing” means the participation of the
Corporation with one or more public agencies, school boards, vendors of record
(Provincial), hospitals or other public agencies in a Bid Solicitation.
(2) Co-operative Purchasing shall be utilized when advantageous and practical.
In the event of any conflict, the purchasing by-law and procurement practices of the
municipality, school board, hospital or other public agency issuing the co-operative
Bid shall take precedence over the provisions of this by-law.
Emergency Purchases
68. (1) In this section, “Emergency” means a situation or the threat of an impending
situation which, in the opinion of the CAO or a Department Head, requires an
immediate Acquisition to prevent serious delays, damage to a basic service, risk to
health and safety, financial loss or to maintain or restore a basic service provided by
the Corporation.
(2) Emergency Acquisitions shall be made by the Purchasing Manager. In the
absence of the Purchasing Manager, Emergency Acquisitions may be made by a
Department Head.
(3) All Emergency Acquisitions shall be confirmed through a Purchase Order
and shall be reported to Committee through a report prepared jointly by the
Department Head and the Purchasing Manager if the Cost exceeds $500,000 or an
approved budget limit.
Part 4 – General Purchasing Policies
Default By Successful Bidder
69. If a successful Bidder fails to execute the Contract or fails to meet any of the
requirements of the Contract within the prescribed time, the Contract may be
awarded to the next lowest Bidder or cancelled.
70. If a successful Bidder defaults on an awarded Contract, the Purchasing Manager is
authorized to take remedial action including termination of the Contract and all
necessary steps to ensure completion of the project or continued service/supply.
The Purchasing Manager, after consultation with the Department Head, may
Page 145
Purchasing By-Law No. 2021-xxx Page 17
declare that any Bidder who has defaulted on a Contract is ineligible to submit a Bid
on any future Contract even if the awarded Contract is not terminated.
71. Should the Purchasing Manager determine that termination of the awarded
Contract is the appropriate action in accordance with section 70, whoever awarded
the Contract (Council, CAO or Department Head) shall be advised of the
termination in writing.
Conflict of Interest
72. The participation of members of Council and employees of the Corporation in the
procurement process shall be governed by, in the case of members of Council,
the Council Code of Conduct and the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50 as amended and, in the case of employees, by the Code of Ethics
Policy E-1.
73. No employee or Council member shall benefit directly or indirectly from affiliation
with the Municipality or show any favouritism to any Person in the procurement of
any Goods and/or Services.
74. No Person shall offer incentives to any employee of the Corporation or member
of Council.
75. (1) In this section, “Personal Purchase” means a purchase of Goods and/or
Services requested by an elected official, an appointed official or by any other
employee of the Corporation that is not required for the purposes of the Corporation
or a Local Board.
(2) No Personal Purchases shall be made by the Corporation for any Member
of Council, member of a Local Board, or employees of the Corporation.,
Access and Disclosure
76. No Corporation employee or any member of Council shall have access to or
disclose any details regarding Bids except as permitted by this by-law and the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,
c.M.56 as amended.
77. In the case of a Bid submitted in response to an RFP, only the total Bid amount for
the successful responsive and responsible Bid shall be provided and only upon
written request of any Person after completion of negotiations and award of the
Contract.
Records Retention and Destruction
78. Bid documents and related material shall be retained in accordance with the
Municipality’s Records Retention Schedule, as amended.
Page 146
Purchasing By-Law No. 2021-xxx Page 18
Complaints and Inquiries
79. All Bidder or potential Bidder complaints or inquiries, whether addressed to an
elected official, the CAO, a Department Head or any member of staff shall be
referred to Purchasing Services.
Lobbying
80. All prospective bidders are prohibited from lobbying any member of Council,
Municipal staff and consultants, appointed member and any staff of any Board
during the period commencing at the time of issuing a bid solicitation and ending
at the time of the award of the contract. The Municipality may reject any bid by a
Supplier that engages in such lobbying, without further con sideration, and may
terminate that Supplier’s right to continue in the bid solicitation process
Insurance
81. The Treasurer and the Municipal Solicitor shall review, as necessary, Contracts that
include provisions relating to liability and insurance.
Purchasing Cards
82. (1) In this section, “Purchasing Card” means a credit card issued by the
Purchasing Manager in accordance with the Purchasing Card Policy.
(2) Purchasing Cards may be used for all purchases as defined in the
Purchasing Card Policy where the Goods and/or Services do not fall under the
requirements of this by-law. Purchasing Cards are issued on an as needed basis
upon approval of the Purchasing Manager and at the request of the Department
Head. The Purchasing Manager shall be responsible for the program outlined in the
Corporation’s Purchasing Card Policy.
Disposal of Goods
83. The disposal of surplus or obsolete goods of the Corporation shall be the
responsibility of the Purchasing Manager. At least once each calendar year,
Department Heads shall provide the Purchasing Manager with a list of such goods.
The Purchasing Manager may periodically circulate a list of surplus or obsolete
goods to all Departments and Local Boards.
84. The Purchasing Manager, in consultation with the appropriate Department Head,
shall determine the appropriate method of disposal including sale, RFT, RFP,
auction, or gratuitous transfer.
85. The priority of the disposal shall be in this order: another department within the
municipality, trade in on a replacement purchase, local board, other municipality,
school board, charity or not for profit organization, public at large.
Page 147
Purchasing By-Law No. 2021-xxx Page 19
Over Expenditures
86. Subsequent to a Contract award, the approval of any over expenditure shall be in
accordance with the Corporation’s Capital Project Over Expenditure Policy (G5) or
subsequently adopted policy for financial controls.
Sustainability
87. In order to contribute to waste reduction and to increase the development and
awareness of environmentally sound purchasing, Acquisitions shall ensure that,
wherever reasonably possible, specifications shall provide for expanded use of
durable products, reusable products and products (including those used in
services) that contain the maximum level of post-consumer waste and/or
recyclable content, without significantly affecting the intended use of the product
or service. It is recognized that analysis of Cost is required in order to ensure
that the products are made available at competitive prices.
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
88. When procuring Goods and/or Services, the Corporation shall incorporate
accessibility design criteria and features, except where it is not practicable to do
so. Where applicable, procurement documents shall specify the desired
accessibility criteria to be met and provide guidelines for the evaluation of the
proposals respecting those criteria.
Part 5 – General Provisions
By-Law Review
89. The Purchasing Manager in consultation with appropriate staff shall conduct a
detailed review of this by-law no less frequently than every five years.
Repeal
90. By-Law #2015-022 is hereby repealed.
Effective Date
91. This By-law shall take effect on the date that it is passed by Council.
By-law passed on the day of June 2021.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Page 148
Purchasing By-Law No. 2021-xxx Page 20
PER:____________________________
Adrian Foster, Mayor
PER:____________________________
June Gallagher, Municipal Clerk
Page 149
Purchasing By-Law No. 2021-xxx Page 21
Schedule “A”
EXEMPT GOOD AND SERVICES
1. Petty Cash Items
2. Training and Education
a. Conferences
b. Courses
c. Conventions
d. Magazines
e. Memberships
f. Periodicals
g. Seminars
h. Staff Development
i. Staff Workshops
j. Staff Reports
k. Subscriptions
l. Trainers (includes workshop & seminars)
3. Refundable Employee Expenses
a. Advances
b. Meal Allowances
c. Miscellaneous – Non – Travel
d. Travel Expenses
e. Entertainment Expenses
4. Employer’s General Expenses
a. Payroll Deduction Remittances
b. Medicals
c. Licenses (Vehicles, Software, Communications, etc.)
d. Debenture Payments
e. Insurance
f. Grants and Agencies
g. Damage Claims
h. Petty Cash Replenishment
i. Land & Building Lease Payments made by Municipality
j. Tax Remittances
k. Sinking Fund Payments
l. Newspaper Advertising and Public Notices
m. Day Camp or other similar Admission Fees
n. Software or equipment maintenance agreements
5. Certain Professional and other Services
a. Committee Fees
b. Counselling Services
Page 150
Purchasing By-Law No. 2021-xxx Page 22
c. Laboratory Services
d. Nursing Services
e. Physician Fees
f. Temporary Help
g. Banking Services
h. Legal Services
i. Newspaper, radio, TV advertising
j. Policing
k. Red Cross Supplies
l. Web Design Usage Fee & penalties
m. Payroll fees
n. Employee Assistance programs
6. Utilities (including hedging agreements in accordance with the Hedging Policy as
may be amended from time to time)
a. Postage
b. Water
c. Hydro
d. Gas (including hedging agreements)
e. Telephones – excluding cellular
f. Telecommunications infrastructure
7. Canadian National and Canadian Pacific Railways
8. Provincial and/or Federal Government Agencies or Crown Corporations
9. Regional Municipality of Durham or other municipalities located within the Regional
Municipality of Durham Goods and/or Services
10. Election related technology and equipment, and any consulting and support
services directly related to such technology and equipment.
Page 151
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor Foster and Members of Council
From: Trevor Pinn, CPA, CA – Director of Financial Services/Treasurer
Date: October 4, 2021
File No.: [File No.]
Re: Referral of Purchasing By-law Update to Council
Background
On June 29, 2021, the Audit and Accountability Committee (AAC) recommended to Council
the approval of the proposed updated Purchasing By-law contained within Report FSD-036-
21. At the July 5, 2021 Council, Report FSD-036-21 was referred back to the AAC for
review. At the AAC meeting of September 28, 2021, the Committee referred the Report back
to Council and asked the Director of Financial Services/Treasurer to provide a memo to
Council regarding the options for consideration at Council for the proposed Purchasing By-
law.
Staff have heard from a Member of Council that there was concern regarding the threshold
at which purchasing awards would come back to Council for approval. If any member of
Council has additional concerns, other than the thresholds, please contact me so that I can
discuss the concerns with you and determine if there are options that could be considered.
Council Approval Thresholds
Paragraph 59 and 60 of the proposed Purchasing By-law relate to all purchasing awards
other than consulting services. The recommended reporting process is that purchases not
exceeding $500,000 be approved by the CAO and purchases exceeding $500,000 would be
brought to Committee for approval. The existing by-law has this threshold at $250,000. The
proposed amount recognizes the inflationary factors that have impacted contracts over the
past ten years and that more contracts that previously would not have met that threshold will
start to, which may increase the time spent by Council on more routine or lower value
contracts than in the past.
Purchasing Services Staff surveyed the other Durham municipalities and noted that two
others (Whitby and Pickering) currently use $250,000 as a threshold, Ajax uses $500,000,
Page 152
(Insert Reference Number if applicable) 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
Oshawa uses $2,000,000 and the Region only requires approval if the bid is not to the low
bid or highest scoring proponent (and single/sole source contracts greater than $100,000).
The average threshold of the five lower tiers is approximately $650,000, which is above the
proposed amount. An amount of $375,000 is the midpoint between the current threshold
and the proposed threshold.
Paragraph 64 of the proposed Purchasing By-law relates to the award of consulting
contracts. The recommended process would be for consulting contracts exceeding $50,000
to be brought to Committee for approval, while amounts not exceeding $50,000 would be
approved by the CAO. This threshold was picked to bring us more in line with other
municipalities in the Region as well as responding to concerns from Staff and vendors that
the current threshold is too low and results in delays to the award of the contract.
Purchasing Services Staff, in the same survey, determined that the Municipality had the
lowest threshold for the award of consulting contracts. Both Whitby and Pickering require
Council approval for amounts greater than $50,000, Oshawa has a threshold of $100,000,
Ajax has a threshold of $500,000 and the Region does not have a specific threshold but
reports summary information semi-annually. The average of the five lower tiers is
approximately $146,000 which is significantly higher than Staff’s proposal. The midpoint
between the recommendation and the current level is $40,000.
Options for Threshold Levels
Council does have several options, including but not limited to:
1. Approve the purchasing by-law as recommended by Staff with the $500,000 and
$50,000 thresholds in place.
2. Approve the purchasing by-law with thresholds that mirror the Town of Whitby and
the City of Pickering. This would be $250,000 for purchases and $50,000 for
consulting services. This follows the thresholds that are in place with the highest
number of municipalities in the Region.
3. Approve the purchasing by-law with thresholds that are the mid-point between the
current level and the Staff recommended level. This would move the purchasing
threshold to $375,000 and the consulting services to $40,000.
4. Approve the purchasing by-law while keeping the existing thresholds of $250,000
and $30,000.
5. Approve the purchasing by-law with different numbers as determined by Council.
Page 153
(Insert Reference Number if applicable) Page 3
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 there are several changes that modernize the purchasing process and clean up old
processes, it is necessary to adopt the purchasing by-law in order to continue our
movement towards electronic processes and more streamlined procurement.
Conclusion
Staff continue to recommend option 1. These thresholds bring the reporting levels for
consulting contracts in line with the next lowest amount (Whitby and Pickering), the non-
consulting threshold is increased to a level which is still below the average of all of the
lakeshore lower tiers. Also, as noted above, increasing the thresholds will provide
efficiencies to the procurement process
If Council wishes for consistency, which is not completely possible, with other
municipalities in the Region then option 2 should be chosen as this aligns our thresholds
with two municipalities which are roughly the same population as Clarington. This would
keep the non-consulting levels at $250,000 but would increase the consulting threshold to
$50,000.
Staff would not recommend option 4 as it does not recognize the increasing costs of
goods over the years and would result in the number of awards meeting this threshold
increasing due to inflation.
Staff are available to members of Council who wish to discuss any aspect of the
proposed Purchasing By-law.
Respectfully submitted,
Trevor Pinn, CPA, CA
Director of Financial Services/Treasurer
Financial Services Department
cc: Andrew Allison – CAO
David Ferguson – Purchasing Services Manager
Catherine Carr – Internal Audit Manager
Department Heads
Page 154
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2021-072
Being a by-law to amend By-law 2014-059 entitled “a By-law to Regulate Traffic and
Parking on Highways, Private Property and Municipal Property”.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend by-law 2014-059;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That the following line in Schedule 9 – Through Highways, of Clarington By-law
2014-059
“Firwood Avenue (from) North limit of Alderbrook Drive (to) South limit of George
Reynolds Drive”
is repealed and replaced with the following line:
“Firwood Avenue (from) North limit of Devondale Street (to) South limit of George
Reynolds Drive”
2. That the following line be added to Schedule 10 – Stop Signs, of Clarington
By-law 2014-059
“Devondale Street and Firwood Avenue (all-way stop) (Facing) Eastbound and
westbound on Devondale Drive, and northbound and southbound on Firwood
Avenue
3. That this By-law come into effect on the date it is enacted.
Passed in Open Council this 18th day of October, 2021.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 155
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2021-073
Being a by-law to amend By-law 2014-059, being a by-law to regulate traffic and
parking on highways, private property and municipality.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
desirable to amend By-law 2014-059 to exempt vehicles bearing a Province of Ontario
Veteran's plate, from the payment of parking fees in parking meter zones;
Now therefore the Council of the Municipality of Clarington enacts as follows :
1. That section 1 of By-law 2014-059 is amended by inserting the following
definition:
“Veteran Plate” means a valid Ontario veteran graphic licence plate.”
2. That subsection 24(1) of By-law 2014-059 is deleted.
3. That subsection 24(2) of By-law 2014-059 is renumbered to become section 24,
and that section is amended to delete the words “and veterans” and to substitute
the words:
“or a vehicle bearing a Veteran Plate.”
4. That By-law 2014-059 be amended by the insertion of a new section 28.1 as
follows:
A vehicle bearing a Veteran Plate is exempt from the rate set out in
Column 5 of Schedule 5.
5. That this by-law shall come into force and effect on the date of passing.
Passed in Open Council this 18th day of October, 2021.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Page 156