Loading...
HomeMy WebLinkAboutPSD-102-11 Clarbgton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: % - 413y-law #: //--// Report#: PSD-102-11 File #: Subject: DELEGATION OF AUTHORITY IN PLANNING SERVICES FUNCTIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-102-11 be received; and 2. THAT Council pass a by-law to delegate to the Director of Planning Services the following additional functions: a) the authority to execute agreements imposed or required in satisfaction of any condition of approval under the Planning Act regarding the development of land including plans of subdivision, plans of condominium, land division, exemption from part lot control, site plans and rezoning; b) the authority to approve releases from agreements where development has not proceeded; c) the authority to refuse a planning application where the file has remained inactive for more than one (1) year and only after the applicant has been given 60 days written notice that the application will be refused and has not responded or objected; d) the authority to approve draft plans of condominium where a public meeting is not required in accordance with Section 9(10) of the Condominium Act and Reg. 544/06 of the Planning Act; e) the authority to approve part lot control applications so that the by-law would be presented directly to Council for adoption without debate; 3. THAT the Clerk be authorized to amend the Procedural By-law to implement Sections 4.1 and 5.1 of Report PSD-102-11; and 4. THAT the Region of Durham Planning Department and all interested parties to Report PSD-102-11 be notified of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-102-11 PAGE 2 Submitted by: _ `p_. Reviewed by _ av6d,-'J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer DJC:sn December 7, 2011 REPORT NO.: PSD-102-11 PAGE 3 1. BACKGROUND The Planning Services Department seeks to continuously improve or enhance customer service. To this end, in 2010, we established a Process Improvement Team (PIT) of front line staff to examine ways to improve our communication with clients as well as internal processes. One, of many ideas advanced by the PIT is to look to the delegation of part-lot control applications to staff. The Municipality's "Community Strategic Plan: 2011-2014" established a strategy, 2.5 to "undertake a review of municipal processes and regulations to streamline the Municipality's processes". This is an initiative to begin in 2012 with additional staff resources. There are some functions that staff undertake on behalf of Council under existing delegations or/and processes. As an interim step in reviewing municipal processes, this report examines some additional functions that could be delegated to staff which would aid in improving workflow, and timely response to clients. The initial objective was to seek delegation to approve by-laws to lift part lot control and by-laws for the removal of holding symbols in the Zoning By-law. Unfortunately, for reasons explained later in this report, at present the ability to approve by-laws, even for routine matters, cannot be implemented by delegation to staff. 2. CHANGES TO THE MUNICIPAL ACT For many years, Sections 41(13)(b) and 51.2(1) of the Planning Act, have enabled Council to delegate, by by-law, much of its authority with respect to site plan control and plan of subdivision approvals to an appointed officer of the Municipality. In 2006, the Municipal Statute Law Amendment Act, 2006 (Bill 130) amended the Municipal Act, 2001 to provide municipal councils with enhanced opportunity to delegate routine administrative matters. The intent of the amendment was to help create an effective and efficient governance structure that enables Councils to focus on their priorities. Sections 23.1 to 23.5 of the Municipal Act, 2001 enable municipalities to delegate certain Council responsibilities to: • One or more Councillors or a Council Committee; • A body having at least two members of whom at least 50 percent are Councillors, individuals appointed by Council, or a combination of Councillors or individuals approved by Council; and • An individual who is an officer, employee or agent of the Municipality. REPORT NO.: PSD-102-11 PAGE 4 When considering delegating any of its authority to an individual, the Municipal Act requires that Council be satisfied that the power being delegated is of a minor nature having regard for the number of people, the size of geographic area and the time period affected by an exercise of the power. Additionally, Section 270(1)6 of the Municipal Act requires the Municipality to adopt and maintain policies with respect to the delegation of its powers and duties. With respect to Council powers and duties related to applications made under the Planning Act, the Municipal Act clarifies that Council does not have the ability to delegate its power to: • adopt an Official Plan • adopt an Official Plan Amendment • pass a Zoning By-law, or • adopt a Community Improvement Plan if the plan contains certain financial decision-making provisions. In accordance with Section 5(3) of the Municipal Act, any Council delegation of authority must be effected by by-law. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power. 3. CURRENT DELEGATED FUNCTIONS Over the years, Council has delegated certain functions to the Director of Planning Services or to the Director of Planning Services and the Director of Engineering Services concurrently. 3.1 Site Plan Approval The Director of Planning Services and the Director of Engineering Services have been delegated the power to approve site plan drawings and impose conditions of site plan approval. The Site Plan Control By-law also authorizes the Mayor and Clerk to execute any agreements that may be required to implement the approval. 3.2 Plans of Subdivision and Plans of Condominium By-law 2001-072 delegates all of Council's powers under Section 51 of the Planning Act to the Director of Planning Services. This includes the power to approve draft plans of subdivision, amend conditions of approval of plans of subdivision, and approve final plans of subdivision for registration. This similarly applies to plans of condominium. REPORT NO.: PSD-102-11 PAGE 5 3.3 Consent Agreements By-law 92-43 authorizes the Mayor and Clerk to execute agreements required as a condition of a consent to sever land under Section 53 of the Planning Act. Staff issue comments with respect the Municipality's position on applications to the Durham Region Land Division Committee. 3.4 Complete Applications Council delegated to the Director of Planning Services the authority to deem applications made under the Planning Act as "complete" with the enactment of By-law 2007-131. This was the result of the more recent changes to the Planning Act to ensure that when applications are made, there is all of the required information available at that time for the Municipality to be able to undertake its review within the prescribed timeframes. 3.5 Community Improvement Plan(CIP) Grants The Community Improvement Plans for Orono, Newcastle and Bowmanville include grant programs. The approved CIPs delegate to the Director of Planning Services or designate the final decision regarding eligibility for funding, approval of funding or withdrawal of funding in the event of certain circumstances. The Director has authority to execute agreements for the grants within parameters set in the CIP Project Plan and the current year's capital budget approved by Council. The largest possible grant is $10,000 for one of the programs and a maximum of$50,000 for a property, utilizing various programs (facade improvement, signage improvement, building code upgrades, planning and building fees, etc.). 3.6 Minor Heritage Permits The Beech Avenue Heritage Conservation District Plan identifies activities that require a heritage permit, in addition to any other municipal approvals (e.g. building permit). By-law 2006-102 delegates that approval of Minor Heritage Permits to the Director of Planning Services for approval. 4. PROPOSED ADDITIONAL DELEGATED FUNCTIONS 4.1 Exemption from Part Lot Control Section 50(5) of the Planning Act generally prohibits land within a registered plan of subdivision from being further subdivided and conveyed. This is referred to as part lot control. Exempting land from part lot control generally occurs where a plan of subdivision has been draft approved and registered with blocks for freehold multiple dwellings or semi-detached dwellings. In these instances, it is appropriate to determine the lot line between the units once the building foundation has been poured and/or walls erected. Lot lines are established in accordance with the as-built common walls. Approval of a by-law to exempt lands from part lot control is required by the developer prior to the closing of a house sale. REPORT NO.: PSD-102-11 PAGE 6 This is a routine administrative function. At the point that the lifting of part lot control is considered, Council through a public process would have previously authorized the draft approval of the plan of subdivision and amended the Zoning By-law for the proposed use. From a customer service perspective, we occasionally have problems if developers have not submitted their applications in a timely manner or may not have realized that the lifting of part lot control has expired. There are times when this would create a hardship for the home purchaser, particularly during the summer recess when Council cannot approve a by-law to exempt certain lands from part lot control. This is an appropriate power for delegation. However, when Bill 130 was enacted to allow for greater delegation of powers, it would seem that corresponding changes to other sections of the Municipal Act to implement this were overlooked. Section 249 of the act provides that every by-law "shall be signed by the clerk and by the head of council or presiding officer at the meeting at which the by-law was passed." Thus while it is concluded that the power to pass a by-law may be delegated to a committee or individual, the procedures outlined in the Municipal Act do not provide a means to implement this. It is recommended that the Director of Planning be delegated the authority to approve a part lot control application but the by-law itself would still have to be enacted by Council. The Clerk has indicated that she is prepared to recommend an amendment to Section 7.11.1 of the Procedural By-law which would allow for the by-law to be presented to Council based on the Director's approval of the Part Lot Control application, without the matter first being considered by Council or GPA. This amendment has the potential of slightly expediting the process during the timeframe when Council is meeting and reducing staff time in report writing; however, it does not address the issue of Part Lot Control approval during summer recess. If Council agrees with delegating the approval of the application to the Director, Council would not be able to debate the merits of the application but would simply enact the by-law. 4.2 Condominiums that do not Require a Public Meeting There are six types of condominiums: • Leasehold— a form of ownership where a unit is owned by the occupant while the condominium corporation can lease the land and a third party can retain ownership in the land. REPORT NO.: PSD-102-11 PAGE 7 • Vacant Land— a plan of condominium where the common elements and units are created but no buildings or structures have been constructed at the time of registration of the condominium plan. This works like a small subdivision where the road and other common elements are established but each owner has flexibility to choose their own building design. • Common Elements— a plan of condominium where the condo corporation retains ownership of the common elements portion of the condominium (such as internal roads, greenspace, visitor parking and garbage collection areas). The owner's enjoy freehold ownership of their house but have common interest with other owners for the common elements. • Standard— the traditional condominium where the title of a unit is held together by a share in the rest of the property, which is common to all. Usually, condominium ownership begins with the interior wall of the unit. • Phased— a condominium where it is developed in phases, allowing for the sale of units while other areas of the development are still under development. • Conversion from Rental to Condominium Status— this situation is a variation of a standard condominium which occurs for an existing building which is currently occupied on a rental basis but is converted to condominium tenure. In Clarington, to date we have had only standard condominiums and more recently common elements condominiums. Since condominium applications are about the tenure of a building or buildings, in most cases the principle of development has been previously determined by Council. For example, a high density block in a plan of subdivision was approved for apartment buildings but did not bind the proponent to rental or condominium tenure. Only Vacant Land Condominiums and Common Elements Condominiums are required to have public meetings, since they divide land into parcels for freehold ownership, much like a plan of subdivision. It should be noted that with the shortage of rental housing in Durham, there are policies in the Regional and Clarington Official Plan with respect to the conditions which would allow for a condominium conversion. We would also hold public meetings for conversions of rental housing to condominium tenure. Council previously delegated approval of plans of condominium. We have traditionally brought all condominium applications to Council for review prior to the Director's approval. In most cases, the project will have already received site plan approval under delegated authority and the building is likely fully or partially constructed at that point. We are seeking to amend procedures and the delegation so Planning would only report to Council on a condominium application where a public meeting is required. REPORT NO.: PSD-102-11 PAGE 8 It is recommended that the Delegation By-law clarify that the Director of Planning Services be authorized to approve plans of condominium that do not require a public meeting, subject to reporting to Council periodically. 4.3 Execution of Agreements At the present time, the Site Plan Control By-law authorizes the Mayor and Clerk to execute agreements related to site plan approval under Section 41 of the Planning Act. In addition, Council by by-law authorized the Mayor and Clerk to execute any agreement required with respect to a Land Division application approved by the Regional Land Division Committee. In all other cases, the staff report dealing with planning applications such as a plan of subdivision or plan of condominium, or in the rare case rezoning, the execution of an agreement would have to be authorized by Council through a recommendation in a report. It is recommended that the execution of agreements imposed or required in satisfaction of any condition of approval under the Planning Act in connection with the development of land including plans of subdivision, plans of condominium, land division, exemption from part lot control, site plans and rezoning be delegated to the Director of Planning Services and the Clerk subject to the agreements being in a form as approved by the Municipal Solicitor. In addition to executing agreements, there may be the occasional time when a development application is approved; agreements are executed and registered against title but the development does not proceed. In this circumstance, a subsequent owner may want a release from the agreement that is registered on title. This may or may not be done in the context of a new application. It is a very rare circumstance but in this circumstance, if Council determines to grant authority to the Planning Services Director and the Clerk to execute agreements, it would be appropriate to also delegate authority to release a subsequent owner. It is recommended that the Director of Planning Services be delegated the authority to grant a release from an agreement that has been executed in connection with the development of land where the application is no longer proceeding. The release would be in a form approved by the Municipal Solicitor. 4.4 Closing Inactive or Dormant Development Applications For various circumstances, the occasional development proponent does not actively pursue the approval of applications by addressing issues raised in the circulation and review. REPORT NO.: PSD-102-11 PAGE 9 Where Council hold a public meeting, the application is referred back to staff to continue processing. Our practice has been that when Council has made this type of resolution, Planning Staff will report back to have the application refused and the file closed. For site plan applications, which have been delegated, Planning Staff will close files when the applicant no longer is pursuing the application. The Director of Planning Services has also been delegated functions that enable the closing of subdivision files. However, most subdivision files also have related rezoning application and our practice has been to report to Council to close these files. It is recommended that the Director of Planning Services be delegated the authority to refuse a planning application where the file has remained inactive for more than one (1) year and only after the applicant has been given written notice that the application will be refused and given 60 days to respond. In a circumstance where the applicant does not agree with the decision to refuse the application and close the file, staff may still report to Council to consider closing a file which is dormant. 4.5 Sign By-law Amendments The current By-law 2009-123 does not provide opportunity for administrative variances to signs. Under separate report (PSD-103-11), it is proposed that the Sign By-law be amended to provide for limited administrative variances without seeking amendments to the By-law. 5. PROPOSED PROCEDURAL CHANGES 5.1 Removal of a Holding Symbol In many instances, when a property is rezoned, a Holding Symbol "H" will be placed on the zone to prevent development on the site until conditions of draft plan approval for a subdivision have been satisfied or conditions of site plan approval have been negotiated and an agreement entered into. There may be additional considerations for the lifting of the H symbol as well, as determined by the Official Plan policy. In many circumstances, the lifting of the Holding Symbol could be considered a routine matter, particularly where Council has previously considered a site- specific application. That is not to say that in all cases the lifting of a Holding Symbol can be considered a routine matter. For example, there could be a property that has a long standing holding symbol on it from the time of the adoption of the Zoning By-law. Council may never have considered a development application through the rezoning or subdivision process. In considering the lifting of the holding symbol, there is no requirement for public notice, except to the applicant. There is no public meeting and the zone provisions and performance standards are established. Lastly there is no opportunity for a member of the public to appeal the approval of a by-law for removal of a holding symbol. REPORT NO.: PSD-102-11 PAGE 10 Indeed Council may have limited discretion available to deny an application. However, an amendment to a Zoning By-law to lift the holding symbol remains a legislative action because of its underlying effect. This is reflected in Section 23.3(1) of the Municipal Act which provides certain restrictions on delegation including restrictions on the power to pass a Zoning By-law. Since the lifting of the holding symbol is a Zoning By-law, it has been determined that this power cannot be delegated to staff. Although the problem we sought to address cannot be dealt with through delegation, it could be somewhat mitigated with a change to Council's procedures. It is recommended that the Procedural By-law be changed to permit Planning Staff Reports for the lifting of a holding symbol to be submitted directly to Council, without first going to the GPA Committee. This would be for urgent circumstances as determined by the Director of Planning, particularly before the summer and Christmas recess improve efficiency. Even with regularly scheduled meetings, this could mean a difference of up to three weeks, which is substantial in the construction season. 5.2 Reportinq on Minor Variance Applications Our current practice is to report on the decisions of the Committee of Adjustment at the next possible meeting of the General Purpose and Administration Committee. Our reports outline not only the decision but go into some detail to explain the reasons for the recommendation, the consideration of the Committee and the variance from the recommendations of staff, if any. Our reports also request that Council concur with the decision of the Committee of Adjustment and authorize staff to support the decision where if conforms with the recommendation of staff. The report may also recommend that an appeal be filed. In certain circumstances, such as during Christmas or summer recess or due to the scheduling of meetings, the deadline for filing an appeal may be in advance of a Council meeting. Staff may initiate an appeal and subsequently seek Council's confirmation. Staff would continue with the appeal or withdraw it depending on Council's direction. Over the last 5 years, there have been 6 appeals of the decisions of the Committee of Adjustment; there have been a total of 293 decisions. Council has initiated 3 of these appeals on staff's recommendation and the applicant or third parties have initiated 3 appeals. This is an average of 1.2 appeals a year, yet we report to Committee approximately 13 times a year for concurrence of the Committee's decision to authorize a municipal position in the event of an OMB hearing. REPORT NO.: PSD-102-11 PAGE 11 For the most part, the scheduling of the hearing before the Ontario Municipal Board takes some time, usually around 4-6 months from the filing of the appeal. Staff time preparing reports to GPA Committee could be minimized if it was done on a periodic basis. It would appear that reporting three times a year would be suitable. Staff would initiate any appeals that were deemed important and upon consideration of the periodic report, Council could confirm or withdraw the appeal. This would be similar to the process now used for the summer recess. Any applicant or third party appeals could be addressed in the report and Council's concurrence with the decision of the Committee of Adjustment would be obtained at the time of the periodic report. There is the remote possibility that Council may wish to appeal a decision which staff had not recommended. However, we can remember no occasion where Council has even discussed this possibility let alone initiate such an appeal of the Committee's decision. Every municipal appeal has been the result of a staff recommendation. It is recommended that staff report on the activities of the Committee of Adjustment periodically with the understanding that staff would initiate any appeal deemed necessary and report to obtain Council's concurrence in the periodic report. 6. CONCURRENCE: This report has been reviewed by the Municipal Clerk and Municipal Solicitor who concur with the recommendations. 7. CONCLUSION The 2006 amendments to the Municipal Act provided for enhanced opportunities for municipal councils to delegate more routine matters to Committees or individuals. In addition, the Planning Act has provided for delegations of a number of powers to staff. After reviewing potential improvements to enhance customer service, the delegations and procedural changes proposed within this report provide for the opportunity to streamline some processes and reduce staff time spent preparing reports to Council on routine matters. It should be noted that not all delegated functions are included within the attached by-law. The subdivision delegation by-law, the site plan control by-law would remain in force as is, in part because they address other matters or are known by the Land Registrar. The sign by-law would contain delegation provisions if Council approves Report PSD-103-11 REPORT NO.: PSD-102-11 PAGE 12 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: David Crome Attachments: Attachment 1 - Proposed Delegation By-law Attachment 2 — Proposed Amendment to Procedural By-law List of interested parties to be advised of Council's decision: BILD Durham Clarington Board of Trade i Attachment 1 To Report PSD-102-11 I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON j BY-LAW NO. 2011- being a by-law to delegate authority to the Director of Planning Services WHEREAS Sections 23.1 to 23.5 of the Municipal Act, 2001, authorize municipalities to delegate powers and duties under the Municipal Act, 2001, or any other Act subject to certain restrictions and reporting requirements; WHEREAS the Planning Act allows certain functions to be delegated to a municipal official; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: INTERPRETATION 1. In this By-law, "General Purpose and Administrative Committee"means the Municipality's committee of Council known as the General Purpose and Administrative Committee or its successor committee of Council appointed to deal with matters contained within this By-law; 2. In this By-law, reference to Municipal Officials includes designates of such officials. 3. Schedule "A"is attached to and forms part of this By-law. DELEGATION 4. Within each row of each table in Schedule"A",the authority described in the column entitled "Delegated Authority" is delegated to the person or persons identified in the column entitled "Delegate", subject to the restrictions, if any, in the column entitled "Delegation Restrictions". 5. Within each row of each table in Schedule"A", each person identified in the column entitled "Delegate"shall report or communicate in the manner, if any, specified in the column entitled "Communication". GENERAL 6. For the purpose of subsection 23.2(4) of the Municipal Act, 2001, it is the opinion of Council that any legislative powers delegated pursuant to this By-law are of a minor nature. 7. In the event of any inconsistency between this By-law and any other Municipal By-law, the provision that more effectively delegates authority prevails to the extent of the inconsistency. 8. This By-law is effective on the date of its passing. 9. The short title of this By71aw is the"Planning Services Delegation By-law". i I REPEAL 10. The following by-laws are repealed: a) By-law 92-43, being a by-law to authorize the Mayor and Clerk to execute agreements required as a condition of approval for consent to sever land; and b) By-law 2007-131 being a by-law to authorize the Director of Planning Services to make decisions on whether planning applications are deemed complete. BY-LAW read a first time this day of December 2011 BY-LAW read a second time this day of December 2011 BY-LAW read a third time and finally passed this day of December 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I Schedule"A"to By-law Development DELEGATED AUTHORITY DELEGATE SOURCE OF DELEGATION COMMUNICA POWER OR RESTRICTIONS TION DUTY 1. Provide notice that the information Director of Planning S.22(6.1), None Not and material required under any Services 34(10.4)and applicable application under the Planning Act 51(19.1), has either been provided or not Planning Act provided and that the application is deemed to be complete or incomplete,as the case may be 2. Give notice of complete Director of Planning S.22(6.4), None Notice applications to the prescribed Services 34(10.7)and provided to persons and public bodies, in the 51(19.4), Members of prescribed manner and Planning Act Council accompanied by the prescribed information;and make the prescribed information and material available to the public 3. Approve condominium applications Director of Planning S.51,51.1 and Consistent with Periodic that do not require a public meeting Services 51.2 approved site plan reporting to under the Condominium Actor Planning Act and Zoning By-law Council under Council policy Section 9 Condominium ,Act 4. Approve applications for the Director of Planning S.50(7) Removal of Part Lot Periodic removal of part lot control Services Planning Act Control to be reporting to presented to next Council Council meeting for adoption 5. Refusal of an application made Director of Planning Planning Act Applicant must be Periodic under the Planning Act which is Services notified and provided reporting to inactive for over one(1)year 60 days to respond Council with no objection 6. Execute agreements imposed or Director of Planning Planning Act Agreements to be in Not required in satisfaction of any Services and a form as approved applicable condition of approval under the Municipal Clerk Condominium by the Municipal Planning Act in connection with Act Solicitor the development of land such as subdivisions,plans of condominium, land divisions, removal of part lot control,site tans and rezoning 7. Releases of agreements where Director of Planning Planning Act Releases to be in a Not development has not proceeded o Services form as approved by applicable if imposed or required in Condominium the Municipal satisfaction of any condition of Act Solicitor approval under the Planning Actor Condominium Act,in connection with the development of land 8. Approve and execute agreements Director of Planning S.28 Implements CIP Annual under the Community Improvement Services Planning Act program reporting to Programs requirements Council 9. Minor Heritage Permits for Director of Planning S.33(1) Excludes Periodic alterations and additions,as Services Ontario construction of new reporting to described in the Beech Avenue Heritage Act buildings,additions Council as Heritage Conservation District Plan to buildings, necessary demolition of all or a portion of a building, relocation of a building on a property,relocation of a building outside of the district,site and park functions at Clarington Beech Centre and streetscape improvements Attachment 2 to Report PSD-102-11 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2011- Being a by-law to amend By-law 2011-016, a by-law to govern the proceedings of the Council of the Municipality of Clarington, its General Purpose and Administration Committee and Special Committees WHEREAS Council has delegated certain functions to the Director of Planning Services: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT By-law 2011-016 be amended as follows: a) Section 7.8.1 be amended by adding the words "Removal of a Holding Symbol report upon urgent circumstances as determined by the Director of Planning Services and" between the words "shall include" and "any staff report'; and b) Section 7.11.1 be amended by adding the following bullet: a part lot control by-law. 2. THAT this By-law shall come into full force and effect upon its passage. Passed in open session this 19th day of December, 2011. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk