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HomeMy WebLinkAbout04-22-24 Council Revised Agenda Date:April 22, 2024 Time:6:30 p.m. Location:Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Legislative Services Coordinator, 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 The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Moment of Reflection 3.Land Acknowledgement Statement 4.Declaration of Interest 5.Announcements 6.Presentations / Delegations (10 minute time limit) *6.1 Bonica Leung, Tribute Communities, regarding Item 6.12 - Report CAO- 002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 7 (Correspondence from Bonica Leung, Tribute Communities, Attached) *6.2 Robert Webb, Group Manager - Brookhill North Landowners Group, Webb and Co. Limited, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 31 (Correspondence from Robert Webb, Group Manager - Brookhill North Landowners Group, Webb and Co. Limited Attached) *6.3 Jessica Caldwell, Vice President, Land and Housing, Brookfield Properties, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 36 (Correspondence from Jessica Caldwell, Vice President, Land and Housing, Brookfield Properties, Attached) *6.4 Chris Barnett, Osler, Hoskin & Harcourt LLP, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 40 (Correspondence from Chris Barnett, Osler, Hoskin & Harcourt LLP, on behalf of Southeast Courtice Landowners Group Inc., the South West Courtice Landowners Group Inc. and the Courtice TOC Landowners Groups Inc. Attached) April 22, 2024 Council Agenda Page 2 *6.5 Scott Waterhouse, Planning Manager, GHD, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 44 (Correspondence from Scott Waterhouse, GHD on behalf of the Southeast Courtice Landowners Group, Attached) *6.6 Scott Waterhouse, Planning Manager, GHD, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 49 (Correspondence from Scott Waterhouse, GHD on behalf of the North Village Secondary Plan Landowners Group, Attached) *6.7 Billy Tung, Partner and Ian Franklin, Senior KLM Planning, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 53 (Correspondence from Billy Tung, Partner and Ian Franklin, Senior KLM on behalf of of 2056421 Ontario Inc. (Redwood Properties), Attached) *6.8 Stacey Hawkins, Durham Region Homebuilders Association, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 60 (Correspondence from Stacey Hawkins, Executive Officer, Durham Region Home Builders' Association, Attached) *6.9 Ryan Guetter, Executive Vice President, Weston Consulting, regarding Item 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 65 (Correspondence from Ryan Guetter, Executive Vice President, Weston Consulting submitted on behalf of the Bowmanville East (Soper Hills) Landowners Group Inc., within the Soper Hills Secondary Plan Study Area (SHSP), Attached) 7.Consent Agenda 7.1 Council and Standing Committee Minutes 7.1.1 Minutes of the Regular Council meeting dated March 25, 2024 71 April 22, 2024 Council Agenda Page 3 7.1.2 Minutes of the General Government Committee meeting dated April 8, 2024 85 *7.1.2.1 Correspondence regarding Item 6.12 - Report CAO- 002-24 - The Perfect Storm - Impact of Provincial Changes on our Community 7.1.2.1.1 Beth Kelly, President, Valiant Group 96 7.1.2.1.2 Lee English, Borden Ladner Gervais LLP on behalf of 2056421 Ontario Inc. Redwood Properties 98 7.1.2.1.3 James MacInnis and Ashley MacInnis, City Homes 101 *7.1.2.1.4 Anthony Biglieri, Managing Partner and Mark Jacobs, Associate, The Biglieri Group on behalf of the Durham Region Home Builders’ Association 102 *7.1.2.1.5 Andrew Jeanrie, Partner, Bennett Jones, on behalf of Minto Communities Inc. 106 *7.1.2.1.6 Victoria Mortelliti, Senior Manager, Policy and Advocacy, Building Industry and Land Development Association (BiLD) 108 *7.1.2.1.7 Signe Leisk, Cassels Brock & Blackwell LLP, on behalf of of Durham Region Home Builders’ Association 110 *7.1.2.1.8 Signe Leisk, Cassels Brock & Blackwell LLP, on behalf of of Brookfield Residential 112 *7.1.2.1.9 Mustafa Ghassan, Delta Urban, Group Manager on behalf of the Southeast Courtice Landowners Group and Courtice TOC Landowners Group 114 *7.1.2.1.10 Bryce Jordan, Planning Lead, GHD on behalf of the Southwest Courtice Landowners Group 128 *7.1.2.2 MEMO-002-24 - Clarification Update on The Perfect Storm Report 129 *7.1.2.3 Correspondence from Jeff Goldman regarding Item 6.10 LGS-016-24 - Site Alteration By-law Update 131 April 22, 2024 Council Agenda Page 4 7.2 Advisory Committee and Local Board Minutes 7.2.1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 20 and March 26, 2024 136 7.2.2 Minutes of the Clarington Agricultural Advisory Committee meeting dated March 14, 2024 147 7.2.3 Minutes of the Newcastle Arena Board meeting dated March 19, 2024 150 7.2.4 Minutes of the Clarington Heritage Committee dated March 19, 2024 7.2.5 Minutes of the Tyrone Community Hall Board meeting dated March 20, 2024 152 7.2.6 Minutes of the Bowmanville Santa Claus Parade Committee meeting dated March 20, 2024 154 7.3 Communications 7.3.1 Jim Gorry, Lightcaster Brewery and Taphouse regarding a request to a approve a By The Glass Endorsement 156 7.4 Staff Reports and Staff Memos 7.5 By-laws 7.5.1 2024-015 - Being a by-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2023 and to provide for the collection thereof 157 7.5.2 2024-016 - Being a by-law to authorize Clarington to invest its money and investments that it does not require immediately in the Prudent Investor Program of ONE Joint Investment Board (“ONE JIB”) pursuant to section 418.1 of the Municipal Act, 2001 (Item 6.5 of the General Government Committee Minutes dated April 8, 2024) April 22, 2024 Council Agenda Page 5 7.5.3 2024-017 - Being a by-law to regulate the placing or dumping of fill, removal of topsoil, and the alteration of the grade of land (Item 6.10 of the General Government Committee Minutes dated April 8, 2024) 7.5.4 2024-018 - Being a by-law to amend the Traffic and Parking By- law 2014-059, as amended (Item 6.11 of the General Government Committee Minutes dated April 8, 2024) 8.Items for Separate Discussion 9.Business Arising from Procedural Notice of Motion 9.1 Active Transportation and Safe Roads Advisory Committee Minutes dated January 24, 2024 and Correspondence regarding West Beach Road Safety Concerns 9.1.1 Motion to Reconsider - Resolution #C-008-24 162 9.1.2 Delegation of Rick Stockman, Jim Boate and Bart Krebs regarding the Active Transportation Committee Minutes dated January 24, 2024 and the correspondence regarding West Beach Road Safety Concerns 9.1.3 New Motion for Active Transportation and Safe Roads Advisory Committee Minutes dated January 24, 2024 and Correspondence regarding West Beach Road Safety Concerns 163 10.Unfinished Business 11.Confidential Items 12.Confirming By-Law 13.Adjournment April 22, 2024 Council Agenda Page 6 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Leung Date:April 17, 2024 4:01:28 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Delegation Request regarding Agenda item 7.1.2 (Minutes of the General Government Committee meeting dated April 8, 2024) Action requested of Council Delegation Date of meeting 4/22/2024 Summarize your delegation To speak on Item 7.1.2 on the Agenda for April 22, 2024 (related toitem 6.12 - Report CAO-002-24 from the General Government Committee meeting dated April 8, 2024) Have you been in contact with staff or a member of Councilregarding your matter of interest? Yes Name of the staff member or Councillor. Carlos Salzar Report number (if known) CAO-002-24 Will you be attending this meeting in person or online? In person First name: Bonica Single/Last name Leung Page 7 How to pronounce your name: Bonica (similar to Monica) Firm/Organization (if applicable) Tribute Communities Job title (if applicable) Director, Land Development Address Town/Hamlet Pickering Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutesfor delegations. Yes [This is an automated email notification -- please do not respond] Page 8 Page 9 Page 10 Page 11 Page 12 1 Bonica Leung From:Tapp, Amanda <ATapp@clarington.net> Sent:April 17, 2023 6:03 PM To:Louise Foster Cc:Bonica Leung; Tapp, Amanda; Salazar, Carlos Subject:RE: [External] Tribute - Update (Park shuffle and sales trailer) Attachments:RE: Tribute (Courtice) Limited - Parkland shuffle Good afternoon Louise, I hope you’re doing well and had a fantastic weekend. I just wanted to follow up with you about two things. School Block Configuration  Carlos and I concur with the proposed reconfiguration as described in the attached e-mail. Sales Trailer  Given the timing needed for comments from Planning and Agencies to proceed with a recommendation report on May 8th, it is unrealistic to proceed with this date. We expect a response from Andrew at Gladki in the coming days. Once received I will send to your group and we can schedule a meeting.  However, we note that this impedes the ability to remove the holding on the sales trailer. As a result, Carlos and I have agreed to proceed with removal of the holding symbol prior to draft approval. We will still aim for the June date, however this gives everyone a bit of time to continue to process.  Please note as the appeal period was only over last week on the delegation of authority OPA, we are just establishing the new process for Carlos to pass by-laws. Please be patient and give us a week or so to establish a process. We will be in touch. A removal of holding application is required to be submitted and we will proceed with the application with our new procedure. I hope these seem reasonable to you. Talk soon, Amanda Tapp (she/her), MCIP, RPP Manager, Development Review Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 905-623-3379 ext. 2427 | 1-800-563-1195 www.clarington.net My working hours may be different from yours, please do not feel obligated to reply to me outside of your working hours. See email below dated April 5,2023. Attachment 1 Page 13 2 Page 14 1 Bonica Leung From:Bonica Leung <bonica.l@mytribute.ca> Sent:April 13, 2023 3:53 PM To:Louise Foster; Salazar, Carlos; Tapp, Amanda Cc:Bryce Jordan Subject:RE: Tribute (Courtice) Limited - Parkland shuffle EXTERNAL Hi Carlos and Amanda, Further to the email Louise sent on April 5th, I wish to follow-up on your review & approval our revised park block configuration. We look forward to hearing from you, much appreciated. Bonica Leung Director, Land Development 1815 Ironstone Manor, Unit 1 Pickering, Ontario L1W 3W9 Business Line: 905.839.3500 x 430 Mobile: (437) 992-7263 Email: bonica.l@mytribute.ca Website: www.mytribute.ca Follow us on Twitter: This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the solicitor-client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please immediately reply to the sender and delete this information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be unlawful. From: Louise Foster <louise.f@mytribute.ca> Sent: Wednesday, April 5, 2023 12:39 PM To: csalazar@clarington.net; Amanda Tapp (ATapp@clarington.net) <ATapp@clarington.net> Cc: Bonica Leung <bonica.l@mytribute.ca>; Bryce Jordan <bryce.jordan@ghd.com> Subject: Tribute (Courtice) Limited - Parkland shuffle Importance: High Good afternoon Carlos and Amanda Hope all is well with both of you. Page 15 2 As you will recall, we have been discussing with Clarington the location of the park and school site within the Tribute (Courtice) Limited lands for at least 3 years. Both Tribute and GHD are of the opinion that the proposed location of the park adjacent the valley system meets the intent of the Southeast Courtice Secondary Plan and the Official Plan (with the location being accepted by the School Board). However, it is still your opinion that you would rather have the park connected with the proposed school site. Based on our meeting March 8 we have looked at Riley Park 1 and Tribute (Courtice) lands and shifted the park to the east side of Street A. The relocation reduces the number of lots and reduces the size of the park. Although the park block has reduced from 1.6 ha to 1.13ha, it is connected to the school site and has road access from Street A and Street B. I have attached the following:  Original Draft Plan of Subdivision plan October 2021  Revised Draft Plan of Subdivision dated March 28 2023 (includes lotting on former Blk 166, increased Bloor St ROW as per Durham and reduction of land due to 2.0m of land transferred to Elston)  Parkland Calculations based on October 2021 plan and March 2023 plan and Planning Act obligations. Please review the plan and the associated calculations and provide us with comments. We would like to discuss the revised location of the park at our monthly Clarington meeting Thursday April 6 and if Clarington has any comments, I would appreciate discussing them tomorrow. Look forward to hearing from you. Louise Foster Vice-President, Land Development, Tribute Communities 1815 Ironstone Manor, Unit 1 Pickering, Ontario L1W 3W9 Business Line: 905.839.3500 x346 Cell: 647-530-7189 Email: louise.f@mytribute.ca Website: www.mytribute.ca Follow us on Twitter: This transmission (including any attachments) may contain confidential information, privileged material (including material protected by the solicitor-client or other applicable privileges), or constitute non-public information. Any use of this information by anyone other than the intended recipient is prohibited. If you have received this e-mail in error, please immediately reply to the sender and delete this information from your system. Use, dissemination, distribution, or reproduction of this transmission by unintended recipients is not authorized and may be unlawful. Page 16 Summay of Tribute's Parkland Calculation Attachment 2a In response to CAO Report 002-24 Prepared on: 2024-04-17 Parkland Min. Park size per SE or SW POST BILL 23 Difference Provided (Ha) Secondary Plan (Ha.)Required (Ha)Secondary Plans vs. Post Bill 23 Tribute (King Street)1.64 1.50 1.16 0.34 Tribute (Courtice)1.13 1.50 1.10 0.40 Riley Park 1 0 0.00 0.21 -0.21 Riley Park 2 0 0.00 0.58 -0.58 Tribute (Prestonvale)2.17 1.50 1.40 0.10 Total 4.94 4.50 4.44 0.06 Detailed calculations are shown on Attachments 2b - f. Page 17 Tribute (King Street) Limited Attachment 2b Analysis: Parkland Calculation In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland-By-law Formulas:via land (for residential developments)=Residential land @ 5% or 1 Ha / 600 units (*as per Bill 23) - whichever is greater via land (for mixed use developments)= 1 ha / 600 units (*as per Bill 23) on the residential portion only via Cash In Lieu payment =1 ha / 1000 units (*as per Bill 23) x appraised land value Bill 23 max. amount of land conveance or Cash In Lieu =* Capped at 10% of the land or its value for sites under 5 Ha; and * Capped at 15% for sites greater than 5 Ha FINAL approved Draft Plan, Oct. 2023 Our Calculations Calculation based on Clarington Parkland by-law, Planning Act and Bill 23. Statistics: Area (Ha) Units Total Sub. Area 31.71 520 Open Space Blk 14.42 Corridor Block 4.24 303 <-- there are no townhouses within the regional corridor block Residential portion (balance of the plan) = total sub. Area - open space - corridor blocks 13.05 217 Park block 1.64 POST BILL 23 Calculation:Area (Ha) Residential NDA@ 5% 1 Ha / 600 units (*as per Bill 23) Bill 23 (Sites <5 ha: Max 10% cap) or (Site >5 ha: Max 15% cap)Total Required (Ha) Residential portion - balance of the plan 13.05 0.65 or 0.36 but cannot exceed 0.65Regional Corridor portion 4.24 not applicable 0.51 but cannot exceed 0.51 2.59 1.16 SUMMARY Total Parkland Required (Ha) 1.16Proposed Parkland (Ha)1.64 Difference (Ha) 0.48 Page 18 Page 19 Tribute (Courtice) Limited Analysis: Parkland Calculation Attachment 2c In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland-By-law Formulas: via land (for residential developments)= via land (for mixed use developments)= via Cash In Lieu payment = Bill 23 max. amount of land conveance or Cash In Lieu = GHD Updated concept - Februray 23, 2024 (3rd resubmission)* we have relotted the school block to increase in size as per school board * The park block size remains at 1.13 Ha. * To maintain the same park configuration, we did a relotting in the subdivision plan* We also filled in the lots in the 'low density' block with our breezeway products Our calculations Statistics:Area (Ha)Units Street towns wihtin corridor blocksTotal Sub. Area 31.18 354 <-- includes 2 part lots Cad measurement (m2)Open Space Blk 11.77 2610.567Corridor Block 1.62 111 6261.251Street towns within the Corridor Block designation 0.89 43 8871.818 Residential portion (balance of the plan) = total sub. Area - open space - corridor blocks & townhouses within it.16.90 200 Park block 1.13 POST BILL 23 Calculation:Area (Ha)Residential NDA@ 5% 1 Ha / 600 units (*as per Bill 23) Bill 23 (Sites <5 ha: Max 10% cap) or (Site >5 ha: Max 15% cap)Total Required (Ha) Residential portion - balance of the plan 16.90 0.845 or 0.33 but cannot exceed 0.85 Regional Corridor portion 2.51 not applicable 0.257 but cannot exceed 0.26 2.91 1.10 SUMMARY Total Parkland Required (Ha)1.10 Proposed Parkland (Ha)1.13 Difference (Ha)0.03 Page 20 Page 21 Tribute (Prestonvale) Limited Analysis: Parkland Calculation Attachment 2d In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland-By-law Formulas: via land (for residential developments)=Residential @ 5% or 1 Ha / 600 units (*as per Bill 23) - whichever is greater via land (for mixed use developments)= 1 ha / 600 units (*as per Bill 23) on the residential portion only via Cash In Lieu payment =1 ha / 1000 units (*as per Bill 23) x appraised land value Bill 23 max. amount of land conveance or Cash In Lieu =* Capped at 10% of the land or its value for sites under 5 Ha; and * Capped at 15% for sites greater than 5 Ha GHD Draft Plan 2nd Submission (Combined Plan), Nov 2, 2023 Our calculations: Calculation based on Clarington Parkland by-law, Planning Act and Bill 23. Statistics:Area (Ha)UnitsTotal Sub. Area 31.63 453 Open Space Blk 4.86 Med. Density Residential portion 2.13 98 <-- there are 98 townhouses within this designation Residential portion (balance of the plan) = total sub. Area - open space - med-density portion.24.64 355 Park block 2.17 POST BILL 23 Calculation:Area (Ha) Residential NDA@ 5% 1 Ha / 600 units (*as per Bill 23) Bill 23 (Sites <5 ha: Max 10% cap) or (Site >5 ha: Max 15% cap) Total Required (Ha) Residential portion - balance of the plan 24.64 1.232 or 0.59 but cannot exceed 1.23 Med. Density Residential Portion 2.13 not applicable or 0.16 but cannot exceed 0.16 4.02 1.40 SUMMARY Total Parkland Required (Ha)1.40 Proposed Parkland (Ha)2.17 Difference (Ha)0.77 Page 22 Page 23 Riley Park Developments Inc. ("Riley Park 1") Analysis: Parkland Calculation Attachment 2e In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland-By-law Formulas: via land (for residential developments)=Residential @ 5% or 1 Ha / 600 units (*as per Bill 23) - whichever is greater via land (for mixed use developments)= 1 ha / 600 units (*as per Bill 23) on the residential portion only via Cash In Lieu payment =1 ha / 1000 units (*as per Bill 23) x appraised land value Bill 23 max. amount of land conveance or Cash In Lieu =* Capped at 10% of the land or its value for sites under 5 Ha; and * Capped at 15% for sites greater than 5 Ha 3rd resubmission - Jan 24, 2024 Our calculations: Statistics:Area (Ha)UnitsTotal Sub. Area 4.81 89 Open Space Blk 0.59 Corridor Block 0 0 <-- none proposedResidential portion (balance of the plan) =Total area- open space - corridor block. 4.22 89 Park block 0.00 <-- none proposed POST-BILL 23 Calculation:Area (Ha) Residential @ 5% 1 Ha / 600 units (*as per Bill 23) Bill 23(Sites <5 ha: Max 10% cap) or (Site >5 ha: Max 15% cap)Total Required (Ha) Residential portion - balance of the plan 4.220 0.211 or 0.15 but cannot exceed 0.21Regional Corridor portion 0 not applicable 0 but cannot exceed 0.00 0.422 0.21 SUMMARY Total Parkland Required (Ha)0.21Proposed Parkland (Ha)0.00 Difference (Ha)-0.21 Page 24 Page 25 Riley Park Developments Inc. ("Riley Park 2") Analysis: Parkland Calculation Attachment 2f In response to CAO Report 002-24 Prepared on: 2024-04-17 Notes: * Clarington has established a Parkland By-law No. 2022-043 under the Planning Act * Bill 23 further implements changes to the Parkland-By-law Formulas:via land (for residential developments)=Residential land @ 5% or 1 Ha / 600 units (*as per Bill 23) - whichever is greater via land (for mixed use developments)= 1 ha / 600 units (*as per Bill 23) on the residential portion only via Cash In Lieu payment =1 ha / 1000 units (*as per Bill 23) x appraised land value Bill 23 max. amount of land conveance or Cash In Lieu =* Capped at 10% of the land or its value for sites under 5 Ha; and * Capped at 15% for sites greater than 5 Ha KLM draft plan, March 11, 2022 (1st Submission) Our Calculation: Calculation based on Clarington Parkland by-law, Planning Act and Bill 23. Statistics: Area (Ha) Units Total Sub. Area 9.1 342Open Space Blk 1.32 Corridor Block 2.987 202 <-- # of units estimated by Cassidy's Preliminary Scheme within the Planning Justification Report by GHD dated March 2022. Residential portion (balance of the plan) = total sub. Area - open space - corridor block.4.793 140 Park block 0.00 POST BILL 23 Calculation:Area (Ha) Residential NDA@ 5% 1 Ha / 600 units (*as per Bill 23) Bill 23(Sites <5 ha: Max 10% cap) or (Site >5 ha: Max 15% cap)Total Required (Ha) Residential portion - balance of the plan 4.793 0.240 or 0.233 but cannot exceed 0.240 Regional Corridor portion 2.987 not applicable or 0.337 but cannot exceed 0.337 TOTAL 1.167 0.576 SUMMARY Total Parkland Required (Ha) 0.576Proposed Parkland (Ha) 0.00 Difference (Ha)-0.576 Page 26 Page 27 1 Bonica Leung From:Salazar, Carlos <csalazar@clarington.net> Sent:April 15, 2024 3:26 PM To:Trevor Mackenzie; Tapp, Amanda Cc:Jones, Morgan; Ryan, Tim; Bonica Leung; Steve Deveaux; Richardson, Karen; Backus, Lisa Subject:RE: [External] CAO Report - The Perfect Storm Trevor, buenas tardes, I hope all is well. Confirming that yes, staff will continue to process Tribute’s applications under circulation. Hasta pronto Carlos Carlos Salazar MCP, MCIP, RPP Deputy CAO, Planning & Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C-3A6 905-623-3379 ext 2402 csalazar@clarington.net From: Trevor Mackenzie <trevor.m@mytribute.ca> Sent: Thursday, April 11, 2024 7:51 PM To: Tapp, Amanda <ATapp@clarington.net> Cc: Salazar, Carlos <csalazar@clarington.net>; Jones, Morgan <MJones@clarington.net>; Ryan, Tim <TRyan@clarington.net>; Bonica Leung <bonica.l@mytribute.ca>; Steve Deveaux <steve.d@mytribute.ca>; Richardson, Karen <KRichardson@clarington.net> Subject: Fwd: CAO Report - The Perfect Storm EXTERNAL Good evening Amanda, Further to the staff report that was heard at the General Government Meeting and the email below, I am looking for confirmation that the applications that Tribute currently has is circulation with staff are going to continue to be processed. This includes the following: Tribute (Courtice) Limited - Draft Approval Riley Park 1 - Draft Approval Riley Park 2 - Draft Approval Tribute (Prestonvale) Limited - Draft Approval Tribute (King Street) Limited, Regional Corridor Blocks - Zoning Bylaw Amendment As I am sure you are aware both our Riley Park projects do not contain any park lands to be conveyed. The Tribute Courtice project has a park block that was previously approved by yourself and Carlos prior to any updated circulations. The overall park size for the Tribute King project was sized to account for the park requirements for the Regional Corridor Blocks and the Tribute Prestonvale project is over dedicated in park land. Attachment 3 Page 28 2 Given the above we are of the opinion that there should be no reason to not be actively processing these files or putting them on a “hold”. I request your confirmation that these will continue to be processed. Your prompt attention and response is appreciated. Regards, Trevor MacKenzie Tribute Communities 647-205-4992 Begin forwarded message: From: "Tapp, Amanda" <ATapp@clarington.net> Date: April 11, 2024 at 3:13:38 PM EDT Subject: RE: CAO Report - The Perfect Storm Good Afternoon, You are receiving this e-mail since you have an active development application or have had a Stage 1 or 2 pre-consultation meeting on lands within an active or approved Secondary Plan area in Clarington. At Monday’s General Government Committee of Council meeting, a staff report regarding the fiscal impacts of development after Bill 23 on our community, in particular parkland dedication was presented, and the resolution was passed unanimously. Please see the attached report. One of the first steps is to retain a municipal financial consultant to undertake the fiscal impact analysis of Secondary Plans and individual applications as outlined in the resolution. Please read the attached report and if you have any suggestions on how to address Council’s concerns, please let us know. In the interim, any questions related to Secondary Plans should be directed to Lisa Backus and any questions related to development applications should be directed to Amanda Tapp. Kind Regards, Amanda Tapp (she/her), MCIP, RPP Manager, Development Review Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 905-623-3379 ext. 2427 | 1-800-563-1195 www.clarington.net Page 29 3 My working hours may be different from yours, please do not feel obligated to reply to me outside of your working hours. Page 30 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Webb Date:April 18, 2024 10:06:43 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject General Governance Committee - CAO Report 002-24 Action requested of Council Not adopt report Recommendation #3 Date of meeting 4/22/2024 Summarize your delegation To speak on behalf of the Brookhill North Landowners Group as its Group Manager to present why report recommendation #3 should notbe adopted. Have you been in contact with staff or a member of Councilregarding your matter of interest? No Report number (if known) CAO Report 002-24 Will you be attending this meeting in person or online? In person First name: Robert Single/Last name Webb How to pronounce your name: Robert Webb Page 31 Firm/Organization (if applicable) Webb + Co Limited Job title (if applicable) Group Manager - Brookhill North Landowners Group Address Town/Hamlet Toronto Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e.PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior to the meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 32 Page 33 Page 34 Page 35 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Caldwell Date:April 18, 2024 11:01:36 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject The Perfect Storm - Impact of Provincial Changes on our Community Action requested of Council Do not approve Recommendation #3 set forth by staff in CAO-002-24 Report Date of meeting 4/22/2024 Summarize your delegation Impact to Clarington if Recommendation #3 is approved by Council Have you been in contact with staff or a member of Council regarding your matter of interest? No Report number (if known) CAO-002-24 Will you be attending this meeting in person or online? In person First name: Jessica Single/Last name Caldwell Firm/Organization (if applicable) Brookfield Residential Job title (if applicable) Page 36 Vice President, Land and Housing Address Town/Hamlet Toronto Postal code Email address: Phone number Alternate phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 37 Brookfield Properties 3381 Steeles Avenue East, Suite 100, Toronto, ON, M2H 3S7| T +1 905 477-5711 F +1 416 492 5870 brookfieldproperties.com April 18, 2024 Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor and Members of Council Email to Clerks@clarington.net Re: Report CAO-002-24, The Perfect Storm - Impact of Provincial Changes on our Community Dear Mayor Foster and Members of Council, Brookfield Residential (Ontario) LP are the owners of a number of parcels of land within the Municipality of Clarington, located within the Newcastle, Southeast Courtice, and Courtice Transit-Oriented Community Secondary Plan areas. We are writing to express our concerns with Staff Report CAO-002-24 “The Perfect Storm – Impact of Provincial Changes on our Community”, and request that Recommendation No. 3 be refused. We are disappointed that the Report was presented to the General Government Committee on April 8, 2024 without advance notice or consultation with the development community who are greatly impacted by the proposed recommendation related to the pausing of development application approvals. Requiring a full Fiscal Impact Assessment for all Secondary Plans (inclusive of those already completed) prior to providing any further development application approvals, results in further and unnecessary delays to the delivery of housing with the Municipality, while also putting Clarington at risk of meeting future housing targets, already committed to with the province. Bill 23 was enacted in November 2022, and since that time municipalities across the province have proceeded with the review and approval of development applications without pausing the approval of development applications and Secondary Plans. Further, the information contained in the section of the report titled “Southeast Courtice Secondary Plan – a Visual of Potential Loss” contains information that significantly misrepresents the impacts of the revised parkland dedication rates implemented through Bill 23. In our opinion, it is premature to proceed with the direction outlined in Page 38 BROOKFIELD PROPERTIES 2 Recommendation No. 3 until such time as updated and factual information is presented to Council. We request that Council refuse Recommendation No. 3 in Staff Report CAO-002-24, and request that Council direct Staff to submit an updated report to Council that contains factual information on the Southeast Courtice Secondary Plan. We welcome the opportunity to work collaboratively with Staff as we continue towards the finalization of Secondary Plans and approval of development applications that Brookfield currently have within the Municipality of Clarington. Yours truly, Jessica Caldwell, VP Land Development Brookfield Properties Jessica.Caldwell@brookfieldpropertiesdevelopment.com Page 39 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Barnett Date:April 18, 2024 12:11:28 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Agenda Item 7.1.2 - CAO Report 002-24 Action requested of Council Not approve Recommendation 3 Date of meeting 4/22/2024 Summarize your delegation Letter submitted to Clerk summarizing concerns Have you been in contact with staff or a member of Council regarding your matter of interest? No Report number (if known) CAO 002-24 Will you be attending this meeting in person or online? Online First name: Chris Single/Last name Barnett How to pronounce your name: Chris Barnett Firm/Organization (if applicable) Osler, Hoskin & Harcourt LLP Page 40 Address Town/Hamlet Toronto Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 41 Osler, Hoskin & Harcourt LLP Box 50, 1 First Canadian Place Toronto, Ontario, Canada M5X 1B8 416.362.2111 MAIN 416.862.6666 FACSIMILE Toronto Montréal Calgary Ottawa Vancouver New York April 18, 2024 Chris Barnett Direct Dial: 416.862.6651 CBarnett@osler.com Our Matter Number: 1231398 Sent By Electronic Mail Office of the Municipal Clerk / Legislative Services Municipality of Clarington 40 Temperance Street, 2nd Floor Bowmanville, ON L1C 3A6 Dear Mayor and Members of Council: RE: April 22, 2024 Council meeting Agenda item 7.1.2 Report CAO-002-24 We are counsel to the Southeast Courtice Landowners Group Inc., the South West Courtice Landowners Group Inc. and the Courtice TOC Landowners Groups Inc. (collectively the “Groups”). Together, the Groups own the majority of the lands within the South Courtice area that are projected to deliver 9,172 of the 13,423 units that are included in the Municipality’s Housing Target pledge1 by 2031. Our clients have reviewed with concern staff report CAO-002-24 (the “Report”). If Council adopts Recommendation 3 of the Report, the ability of the Groups to deliver much needed housing to meet Clarington’s Housing Target will be significantly impaired. We understand that the Report was added late to the Agenda and was presented at the April 8, 2024 General Government Committee (GGC) meeting, with little notice, limiting the ability of affected stakeholders to comment. Recommendation 3 suggests that no further development approvals be given prior to a Fiscal Impact Assessment being completed. This would include development application approvals within secondary plans that are approved and in force, and would include applications that are in conformity with, and implement, those in force plans. This recommendation is based on the incorrect premise that Clarington is potentially facing a 50% reduction of parkland as a result of legislative changes initiated by the provincial government in Bill 23. The requirements for parkland are clearly established by the Planning Act, as amended by Bill 23. The maximum rate set by law for residential development is either 5% of the land included in a plan of subdivision or 1 hectare for 600 units proposed. If a municipality has in place a parkland by-law that applies higher dedication rates than are in the Act, then the maximum rates in the Act apply. 1 Report PDS-0090-23 Page 42 Page 2 Contrary to the claims made in the Report, all members of the Groups and landowners within the Southeast Courtice Secondary Plan area (which is singled out in the staff report) are meeting their parkland requirements by including parkland at the 5% rate, which was unchanged by Bill 23. This includes parkland that is already draft plan approved,2 as well as applications for draft plan approval that have been made and staff have confirmed they are satisfied with the parkland proposed.3 The map on page 13 of the staff report shows the park that is the subject of a draft plan application by Tribute (Courtice) Limited as being “removed”, despite the fact that an application has been filed clearly showing the parkland in the approved location. The suggestion that 50% of the parkland will be lost based on the Bill 23 changes does not take into consideration the fact that most greenfield plans of subdivision use the unchanged 5% rate. It is also based on an inaccurate and misleading representation of what is actually being proposed by members of the Groups. On behalf of the Groups, we urge Council to not pause the consideration or approval of development applications, and not approve Recommendation #3. The approval of that Recommendation will almost certainly lead to appeals being filed to the Ontario Land Tribunal, which will lead to increased costs and delay in the delivery of needed housing. Yours truly, Chris Barnett Partner CB:s c: Southeast Courtice Landowners Group Southwest Courtice Landowners Group Courtice TOC Landowners Group LEGAL_1:85862952.1 2 Tribute (King Street) Limited (SC-2021-007) – 1.64 hectare Neighbourhood Park 3 Tribute (Courtice) Limited (SC-2021-006)– 1.13 hectare Neighbourhood Park Page 43 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Waterhouse Date:April 18, 2024 1:56:32 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject CAO Report 002-24 Action requested of Council Not endorse staff recommendation's Date of meeting 4/22/2024 Summarize your delegation Clarify and correct information in the staff report Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Mayor Foster Report number (if known) CAO Report 002-24 Will you be attending this meeting in person or online? In person First name: Scott Single/Last name Waterhouse Firm/Organization (if applicable) GHD Page 44 Job title (if applicable) Planning Manager Address Town/Hamlet Whitby Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 45 The Power of Commitment GHD 65 Sunray Street Whitby, Ontario L1N 8Y3 Canada www.ghd.com Our ref: 11148794 April 18, 2024 Municipality of Clarington Office of the Municipal Clerk Attn. Members of Council April 8, 2024 General Government Committee - CAO Report 002-24 Southeast Courtice Landowners Group Dear Mayor Foster and Members of Council We are the planning consultants for the Southeast Courtice Landowners Group (SECLOG), a landowners group who collectively own the majority of the land located within the Southeast Courtice Secondary Plan (The SECSP). On behalf of the SECLOG we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee meeting. More specifically, we are writing to address and correct some of the park dedication information provided in the report pertaining to the SECSP. CAO Report 002-24, specifically page 11 under the heading ‘Southeast Courtice Secondary Plan – a Visual of Potential Loss’, indicates that some developers within the Secondary Plan are demanding that their park allocations be reduced, implying that reduced park sizes are being proposed through development applications and hence providing less park area than required in the Secondary Plan. Section 4.13 of the CAO report continues that “Figure 5 shows the potential loss of parkland within the SECSP area based on the new parkland rates under the Planning Act. Without intervention, the Municipality has the potential to lose a minimum of 8.5 hectares of parkland within the SECSP area, ultimately eliminating all five parkettes and 3 neighbourhood parks.” This statement implies that landowners within the SECSP have suggested to staff that park sizes in their respective draft plan of subdivisions are or will be reduced. This is inaccurate and misleading. For context, the policies of the SECSP provides a Neighbourhood Park size range between 1.5 hectares and 3.0 hectares. The policies of the Secondary Plan also clarify that the exact size of parks are to be determined at the time of development application review. We can confirm that each of the participating Landowner Group members with active development review applications with Clarington (either in pre-consultation review stage or draft plan approved) are providing neighbourhood park sizes consistent with the noted policies of the Secondary Plan. These applications and park sizes are summarized below: x Tribute (Courtice) Limited (SC-2021-006)– 1.13 hectare Neighbourhood Park (Note that this park size has been formally reviewed and accepted by Clarington Planning staff) x Tribute (King Street) Limited (SC-2021-007) – 1.64 hectare Neighbourhood Park (draft approved) x Brookfield Residential (Ontario) Limited – 1.4 hectare Neighbourhood Park x Minto Communities Inc. (SC-2022-0012) – 1.5 hectare Neighbourhood Park x Redwood Properties – 1.89 hectare Neighbourhood Park Page 46 11148794 | Letter to Clarington re. CAO Report 002-24 2 In summary, as applicable to active SECSP development applications, the policies of the SECSP require a minimum of 7.5 hectares of neighbourhood park area and these applications collectively are providing 7.56 hectares of neighbourhood park. Based on this information, the statements in the staff report that the landowners are seeking reduced park areas less than the policies of the SECSP is inaccurate. Further, the CAO report does not delineate between participating and non-participating landowners in the SECSP area and does not illustrate the significant land area that has no active development application with the Municipality. Figure 5 of the staff report identifies ‘removed parkland (eligible for development)’ on lands in the north-east quadrant of the SECSP area that are not part of the SECLOG and do not have active development applications with the Municipality. Figure 5 also includes the existing Courtice Memorial Park, which is owned by the Municipality as a ‘removed parkland’. Figure 5 is inaccurate and does not accurately reflect the parklands that are being provided, the existing municipal park and the future parks. To better explain this information, the attached park review chart illustrates the anticipated area of each park in the SECSP, the area of each park in active development applications and the anticipated future park areas for non-participating lands. This chart confirms that the overall park areas exceed the minimum park areas required in the SEC Secondary Plan. In conclusion, the participating landowners with active applications with Clarington are providing the park sizes consistent with the policies of the SECSP. Regards, Scott Waterhouse, RPP Planning Manager +1 905 429-4999 scott.waterhouse@ghd.com Copy to: SECLOG C/O Delta Urban Page 47 Southeast Courtice Parkland Review 4/17/2024 Park ID Park Type Minimum park size per SE Courtice Secondary Plan (Ha.) Parkland provided based on active development application (Ha.) Parkland anticipated to be provided in the future (Ha.) Total Park Areas (Ha.) # 1 (Tribute Courtice)NP 1.5 1.13 # 2 (Tribute King Street)NP 1.5 1.64 # 3 (Brookfield) NP 1.5 1.4 # 4 (Minto Communities)NP 1.5 1.5 # 5 (Redwood Properties)NP 1.5 1.89 # 6 P 0.5 0.5 # 7 P 0.5 0.5 # 8 P 0.5 0.5 # 9 (Existing Courtice Memorial Park, includes expansion)NP 2.14 2.14 # 10 P 0.5 0.5 # 11 NP 1.5 1.5 # 12 P 0.5 0.5 # 13 NP 1.5 1.5 Total 15.14 7.56 7.64 15.20 Breakdown:Min. size per Secondary Plan Active Development Applications To be provided in the future Total Park Areas Neighborhood Parks (Active Dev. Applications)7.50 7.56 0.00 7.56 Neighborhood Parks (Future Dev. Applications)3.00 0 3.00 3 Existing CM Park (incl. future expansion)2.14 0 2.14 2.14 Total neighborhood Park 12.64 7.56 5.14 12.7 Total Parkettes 2.50 0.00 2.50 2.50 #1 #2 #6 #3 #7 #8 #5 #9 (existingpark incl. expansion) #4 #10 #11 #12 #13 Page 48 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Waterhouse Date:April 18, 2024 2:16:28 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject CAO Report 002-24 Action requested of Council not adopt staff recommendation no. 3 Date of meeting 4/22/2024 Summarize your delegation provide north village secondary plan specific information Have you been in contact with staff or a member of Council regarding your matter of interest? No Report number (if known) CAO report 002-24 Will you be attending this meeting in person or online? In person First name: Scott Single/Last name Waterhouse Firm/Organization (if applicable) GHD / North Village Landowners Group Job title (if applicable) Planning Manager Page 49 Address Town/Hamlet Whitby Postal code Email address: Phone number 9057675545 Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 50 The Power of Commitment GHD 65 Sunray Street Whitby, Ontario L1N 8Y3 Canada www.ghd.com Our ref: 11220074 April 18, 2024 Municipality of Clarington Office of the Municipal Clerk Attn. Members of Council April 8, 2024 General Government Committee - CAO Report 002-24 North Village Secondary Plan Landowners Group Dear Mayor Foster and Members of Council We are the planning consultants for the North Village Landowners Group (NVLOG), a landowner’s group who collectively own the majority of the land located within the North Village Secondary Plan (NVSP). On behalf of the NVLOG we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee meeting. More specifically, we are writing to express significant concern with the recommendations presented in the staff report and request that the recommendations as presented in the staff report not be adopted by Clarington Council. Of particular concern is staff recommendation No. 3 which requires a further Fiscal Impact Assessment for all Secondary Plans (inclusive of those completed) and further Council report prior to any further secondary plan approvals. Page 9 of the staff report references twelve Secondary Plans, either ‘approved’ or ‘in progress’, with the NVSP being one that is ‘in progress’. The NVSP was commenced in 2019 and a statutory public meeting to present a draft secondary plan was held in June 2023 at Clarington Council. To this point, the NVSP is nearing completion after a number of years of background studies, technical review and significant public engagement. While specific examples are not provided, the staff report suggests that developers in certain secondary plan areas have requested that the Planning Act is followed regarding park dedication requirements. While there are not yet any development applications for the NVSP, we believe this approach to be entirely reasonable. However, we note that the future park dedication requirements for the NVSP have been established by a Park Dedication Memorandum of Understanding / Agreement between the landowners and the Municipality in 2012. This 2012 agreement establishes clear agreement between the Municipality and the landowners regarding park dedication. The CAO report is suggesting an updated Fiscal Impact Analysis for all Secondary Plans, including the NVSP. This will only unnecessarily delay the approval of the NVSP and will not change the pre-determined park dedication requirements for the NVSP as established by the 2012 Park Dedication MOU / Agreement. On behalf of the NVLOG, we urge Clarington Council to not adopt the staff recommendations and not delay any further Secondary Plan approvals. Further delays in the processing and approval of the NVSP is unnecessary and a further Fiscal Impact Assessment will not change the pre-determined park dedication requirements for the NVSP. Page 51 11220074 | Letter to Clarington re. CAO Report 002-24 2 Regards, Scott Waterhouse, RPP Planning Manager +1 905 429-4999 scott.waterhouse@ghd.com Copy to: NVLOG Page 52 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Tung, Franklin Date:April 18, 2024 4:52:06 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject 1738 Bloor Street, 2056421 Ontario Inc. (Redwood Properties) Opposed to Report 6.12 CAO-002-24 Action requested of Council Defer this item Date of meeting 4/22/2024 Summarize your delegation Redwood properties is providing an excess of parkland, much neededhigh-density residential housing and a stormwater management pond. Revisiting approved Secondary Plans, which would only result in unnecessary and further delays to the development approvals process. Have you been in contact with staff or a member of Council regarding your matter of interest? Yes Name of the staff member or Councillor. Amanda Tapp and Carlos Salazar Report number (if known) 6.12 - Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community Correspondence number (if known) 7.1.2.1 Will you be attending this meeting in person or online? In person Page 53 First name: 1. Billy 2. Ian Single/Last name 1. Tung 2. Franklin Firm/Organization (if applicable) 1. KLM Planning Partners Inc. 2. KLM Planning Partners Job title (if applicable) 1. Partner 2. Senior Planner Address 1. 2. Town/Hamlet 1. Vaughan 2. Vaughan Postal code 1. 2. Email address: 1. 2. Phone number 1. 2. Page 54 Alternate phone number 1. 2. Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutesfor delegations. Yes [This is an automated email notification -- please do not respond] Page 55 Page 1 of 4 KLM File: P-2666 April 16, 2024 Clarington Council Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Adrian Foster and Members of Council Re: The Perfect Storm – Impact of Provincial Changes on our Community Staff Report 1738 Bloor Street, 2056421 Ontario Inc. (The Preston Group) Mayor and Members of Council, KLM Planning Partners are the land use planners for 2056421 Ontario Inc. (Redwood Properties) (the “Owners”) of 20.796 hectares of land legally described as Part of Lot 29 Concession 2 and municipally known as 1738 Bloor Street (the “Subject Lands”), in the Municipality of Clarington. Our client had filed development applications on December 14, 2023 to implement the Southeast Courtice Secondary Plan. We are writing this letter in response to "The Perfect Storm – Impact of Provincial Changes on our Community" Staff Report that was presented to the General Government Committee on April 8th, 2024. An area of our client’s concern revolves around staff’s focus on the Southeast Courtice Secondary Plan area. The report includes a section titled “Southeast Courtice Secondary Plan – a Visual of Potential Loss” which indicates that some developers within the Southeast Courtice Secondary Plan (SECSP) area have advocated for reductions in their parkland allocations. This section is then followed by Figure 5 of the report (see Appendix A), which illustrates the potential loss of parkland based on revised parkland rates under Bill 23. We question the purpose and accuracy of this figure as it appears to include the potential removal of W & D Courtice Memorial Park, an existing City-owned park on the east side of Courtice Road, just south of the future extension of Meadowglade Road. It is important to note that the Secondary Plan contemplates the existing park to be expanded through the redevelopment of adjacent lands. We were not made aware of the Municipality’s plans to remove the existing park in our recent discussions with staff in relation to its proximity to our client’s proposed development application. It is stated in the report by staff that without intervention, the Municipality faces the potential loss of at least 8.5 hectares of parkland, resulting in the elimination of all five parkettes and three neighbourhood parks. We’d like to understand how staff arrived at this figure as it seems to overstate any pre-Bill 23 calculation. We wish to clarify that our client’s proposed development is not in a parkland deficit nor are we requesting reductions in parkland dedication. The proposed development on the Subject Lands aims to address much-needed housing in a high- density typology, providing entry-level housing mix upfront, rather than delaying these higher density units to a later phase of the development of the Secondary Plan area. The high-density blocks proposed through the Draft Plan of Subdivision have been considered in the calculations of parkland in Page 56 Page 2 of 4 accordance with Bill 23 Requirements and Clarington's 2023 implementing Parkland Dedication By-law. The proposed development of 1,308 high density residential units is required to provide approximately 1.658 hectares of parkland dedication. Currently, the proposed development provides a total of 1.894 hectares of parkland, which is well within the range of 1.5 to 3 hectares prescribed under the Secondary Plan. We are actively working with staff on the configuration of the proposed parkland, however, we are not seeking a reduction from the required parkland dedication. It's crucial to note that our proposed parkland dedication aligns with the requirements outlined in the Secondary Plan and exceeds the requirements of Bill 23. Furthermore, the Owner has revised their plans and elected to not remove or realign existing environmental features as originally contemplated. Instead, opting to leave them in situ and constructing a dry pond on their lands, which contributes to the enhancement of ecological and hydrological functions in the area. It was indicated in Section 4.6 of this report that: “Staff are not in a position to negotiate away parkland that has been approved by Council and importantly, reviewed and commented on by the public. As such, any changes within active development applications in approved Secondary Plans would need to be re-evaluated and sent back for public consultation. This would be in addition to the requirement for Council to approve the proposed changes.” The suggestion to revisit all Secondary Plans, including approved plans, such as the Southeast Courtice Secondary Plan, and mandating additional public consultation through additional Official Plan Amendment process, is impractical and unnecessary in our opinion and will significantly extend the timeframes of a much needed form of housing and tenure. Public engagement remains a crucial aspect of the implementing zoning amendment process, ensuring transparency and accountability regarding any deviations from the Secondary Plan. Through extensive discussions with Municipal staff, our client has committed to providing an excess of parkland that incorporates the Municipality's essential programming needs, including a potential soccer field. While the shape and location of this park may deviate slightly from the specifications outlined in the Secondary Plan, it's important to recognize that the primary goal of the Secondary Plan is to facilitate the orderly and appropriate development of lands. In light of our client’s dedication to exceeding parkland requirements and accommodating essential community amenities, we believe that minor deviations from the Secondary Plan are appropriate, particularly when they contribute positively to the overall community well-being and infrastructure. In conclusion, we urge Council to reconsider the implications and recommendations of this Staff Report and to recognize our client’s commitment to providing a range and mix of much needed housing and fulfilling the parkland dedication requirements associated with the proposed development while enhancing the ecological, hydrological and recreational aspects of the surrounding community and Secondary Plan as a whole. We do not believe there is a need to revisit approved Secondary Plans, which would only result in unnecessary and further delays to the development approvals of much needed housing developments, including our clients’. Page 57 Page 3 of 4 We look forward to working with staff toward resolving these issues as our client’s development applications proceed through the planning process. As the process moves forward, we kindly request that we be notified of any updates or meetings dealing with this matter. Should you have any questions or concerns regarding out comments, please do not hesitate to contact the undersigned. Thank you for your attention to this matter. Yours truly, KLM PLANNING PARTNERS INC. Billy Tung BES, MCIP, RPP Ian Franklin, BPHIL, BURPl, MCIP, RPP Partner Senior Planner cc. Redwood Properties Page 58 Page 4 of 4 APPENDIX A Page 59 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Hawkins Date:April 18, 2024 4:01:53 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject CAO-002-24 - The Perfect Storm Action requested of Council Remove Recommendation #3 from the staff report Date of meeting 4/22/2024 Summarize your delegation Will be speaking to report CAO-002-24 - errors in the report, the impact of stopping/pausing development, and the need for themunicipality to work with the industry on these types of issues. Have you been in contact with staff or a member of Councilregarding your matter of interest? Yes Name of the staff member or Councillor. Mayor Foster, Councillor Anderson, Councillor Woo. Tomorrow am meeting with Councillors Rang and Lloyd. Report number (if known) CAO-002-24 - The Perfect Storm Will you be attending this meeting in person or online? In person First name: Stacey Single/Last name Hawkins Page 60 Page 61 Mayor Foster & Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 April 18, 2024 Re: The Perfect Storm – Impact of Provincial Changes on our Community – CAO- 002-024 The Durham Region Home Builders’ Association (DRHBA) represents the residential construction industry in Durham Region. DRHBA was disappointed to see that Report CAO-002-24 – The Perfect Storm – Impact of Provincial Changes on our Community was walked on at the April 8th General Government Committee meeting, which provided no opportunity for stakeholders to review the report and prepare correspondence and/or a delegation to committee. As passing this report will not only have a substantial impact on the development industry, it will also have a severely negative impact on the overall growth of Clarington. Input from stakeholders should have been made a top priority for Council. At no time did staff reach out to us to meet or discuss these issues before preparing this report to council. These conversations could have provided insight from the building industry and provided a clear and more accurate picture of the impacts that the provincial legislation will have on growth in the Municipality of Clarington. We understand that Council relies on the expert information provided by staff to inform their decisions and their votes, which is why it is essential that these reports contain accurate information. Upon review, Report CAO-002-24 unfairly singles out the Southeast Courtice Secondary Plan, and within that section, it contains incorrect information that needs to be addressed before Council can proceed to make a decision on this issue. These errors include: • In Figure 5 – Southeast Courtice Secondary Plan Showing Potential Loss of Parkland, staff have removed a park on Courtice Road that currently exists and is owned by the municipality. Page 62 • Also in Figure 5 – a park has been removed that has been agreed to by staff and is part of a Draft Plan of Subdivision application – which means that park will contractually be given to the municipality. • Staff have also misrepresented the math used to calculate parkland dedication by only using 1 hectare per 600 units and completely omitting the 5% dedication for low density sites. It is clear that staff and council are upset that Clarington will not be receiving the $4 million from the provincial Building Faster Fund and that provincial legislation has decreased the amount of parkland that developers are required to provide to the Municipality when using the alternative rate However, staff and council’s response to essentially shut down development in Clarington as a result of provincial decisions and legislation is completely unfair not only to the development industry, but also to future residents of Clarington. The Municipality of Clarington has opportunities to finance parks through an updated development charge bylaw and a Community Benefit Charge (CBC); however neither of these avenues of funding are mentioned in the report. If Council directs staff to stop all approvals while new Fiscal Impact Assessments (FIAs) are conducted, it will essentially stop development in Clarington. Not only will this slow growth, but it will add to the cost of that growth. Delays will lead to increased housing prices in Clarington, and ultimately to an unavailability of housing stock within Clarington, contrary to the pledge that the Municipality has made to the province. At a minimum, Council needs to remove Recommendation #3 from the report and direct staff to provide a revised report that contains more accurate information. As always, the Durham Region Home Builders’ Association welcomes the opportunity to work with staff and Council to work through issues as they arise. Sincerely, Stacey Hawkins Executive Officer Durham Region Home Builders’ Association Page 63 Cc: Nick Henley, President, DRHBA Tiago Do Couto, Chair, GR Committee, DRHBA DRHBA Membership Page 64 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Guetter Date:April 19, 2024 3:02:11 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject 7.1.2 - Item 6.12 - Report CAO-002-24 Action requested of Council Reconsider recommendations from Report CAO-002-24 Date of meeting 4/22/2024 Summarize your delegation Council reconsider direction/recommendations from GGC and Staff Report CAO-002-24 Have you been in contact with staff or a member of Council regarding your matter of interest? No Report number (if known) CAO-002-24 Will you be attending this meeting in person or online? Online First name: Ryan Single/Last name Guetter How to pronounce your name: Goo-ter Firm/Organization (if applicable) Page 65 Weston Consulting Job title (if applicable) Executive Vice President Address Town/Hamlet Vaughan Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date. No I acknowledge that the Procedural By-law Permits 10 minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 66 Page 67 Page 68 Page 69 CONCESSION ST E LAMBS RDHWY 2 LEGEND Planner: Date Drawn: Drawn By: Scale: CAD FILE: File No:9022 SM RG see scale bar REGIONAL MUNICIPALITY OF DURHAM MUNICIPALITY OF CLARINGTON CONCESSION STREET EAST & LAMBS ROADPROVIDENCE RDBREAGG RD the Environmental Protection designation. - The developable area is based on current extent of Bowmanville Urban Area, June 2018 consolidation. from Clarington Official Plan,Map A3, Land Use, - Environmental Protection features digitized survey. mapping, save for Lot 6 area referenced from - Lot lines are approximate based on available Date of photography: 2019 - Air Photograph from First Base Solutions Inc. Notes: PARTICIPATING LANDOWNERS NON-PARTICIPATING LANDOWNERS BOWMANVILLE EAST SECONDARY PLAN AREA ENVIRONMENTAL PROTECTION BOWMANVILLE EAST OWNERSHIP MAP 1A 2 3 ADDRESS Medallion Developments (Bowmanville I) Limited 5 Lambs Road Developmends Ltd. 4 Medallion Developments (Bowmanville II) Limited 2875 Concession St E 2273 Lambs Rd # 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 7 32 33 35 36 37 (ha.) AREA (ac.) AREA 34.07 84.19 9.07 0.19 0.48 0.17 0.43 0.24 0.60 0.17 0.42 0.17 0.42 0.14 0.35 0.14 0.35 0.15 0.37 0.22 0.55 0.23 0.57 0.24 0.60 0.13 0.32 0.21 0.51 1.70 4.21 0.52 1.29 0.54 1.33 0.55 1.35 0.55 1.36 0.52 1.29 1.01 2.50 0.89 2.19 3.02 7.46 0.55 1.36 2.00 4.95 0.84 2.07 0.67 1.66 7.08 0.66 1.62 6.67 0.41 1.00 0.41 1.01 0.38 0.93 22.40 2946 Hwy 2 2942 Hwy 2 2938 Hwy 2 2936 Hwy 2 2934 Hwy 2 2932 Hwy 2 2928 Hwy 2 2924 Hwy 2 2920 Hwy 2 2916 Hwy 2 2912 Hwy 2 2910 Hwy 2 2906 Hwy 2 2896 Hwy 2 2892 Hwy 2 2886 Hwy 2 2882 Hwy 2 2878 Hwy 2 2870 Hwy 2 1351 Lambs Rd 1415 Lambs Rd 1489 Lambs Rd 1555 Lambs Rd 1717 Lambs Rd 2930 Hwy 2 1769 Lambs Rd 2903 Concession St E 2887 Concession St E 2828 Concession St E Lambs Road School Property Ltd. 2023743 Ontario Ltd.; Marchetti, Catherine Blundell, Michael Bruce; Blundell, Mary Elizabeth Baseline Properties Ltd. (Courtice) Mostert, Richard; Bonsma, Loretta Rigby, Cheryl Lynn; Rigby, Mark Young, Barbara Ann; McKay, Kris Stacey Ormiston, Murray Ralph; Ormiston, Donna Denise Allen, Wayne Clair; Dawson, Nelda Roxanne Hoekstra, Peter; Hoekstra, Leemore Harmer, Dean; Bannon, Stacey Blanchard, Linda Anne; Blanchard, Donald 32.98 81.49 12.20 30.14 39.53 97.67 17.50 16.48 9022/concepts/ownership map.dgn 6 34 SCALE 0 100m 71.1228.781B 31 2022-03-07 Soper Hills Holding Inc. Lambs Road Holdings Inc. 1062609 ONTARIO Inc. 1062609 ONTARIO Inc. Laurich, Stephen Jopling, Brenda Ann Camenzull, Elizabeth Arlene Ayre, Wendy Elizabeth Thompson, Robert Douglas Gray, Ruth Ellen Murphy, Garry Albert Cameron, Christopher Michael Mayer Gemma; Dutra, Frank Holz, Brigitte; Holz, Klaus Muraki, Wallace Douglas Chafe, Linda Louise 1 1 PENDING FINAL ASSUMPTIONS AGREEMENT MacDonald, Gail Ann; MacDonald, Charles Bruce Adventist Church Ontario Conference Corporation of Seventh Day Anger, Roy Andrew; Reynolds, Cynthia Elizabeth Anger, Rose Aileen; Stapleton, Edith Catherine; Sinclair Witvoet, Rhonda Lynn; Vandermeer, Arnold Martha Paterson, Keith Enoch; Paterson, Diane Lynda Maria MacArthur, Brian Sidney; MacArthur, Alexandra Corrina Flonk, Adrian Christopher Gerald; Flonk, Angela 891011121314151617181921222324252627 28 4 4 29 1B 3 31 32 33 34 2 3 36 35 5 1A 37 6 7 2030 APPENDIX A Page 70 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: March 25, 2024 6:30 p.m. Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Members Present: Councillor G. Anderson, Councillor S. Elhajjeh, Councillor L. Rang, Councillor C. Traill, Councillor W. Woo, Councillor M. Zwart Regrets: Mayor A. Foster Staff Present: M. Dempster, R. Maciver, T. Pinn, C. Salazar, D. Speed, J. Gallagher, M. Chambers Other Staff Present: M. Machacek, J. MacLean, J. O'Meara _____________________________________________________________________ 1. Call to Order Councillor Anderson called the meeting to order at 6:32 p.m. 2. Moment of Reflection Councillor Traill led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Traill recited the Land Acknowledgement Statement. 4. Declaration of Interest There were no disclosures stated at this meeting. 5. Announcements Members of Council announced upcoming community events and matters of community interest. 6. Presentations / Delegations Page 71 March 25, 2024 Council Minutes 2 6.1 Jeffrey Abrams, Principles Integrity, regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024 Jeffrey Abrams, Principles Integrity, was present via electronic means regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024. Jeffrey provided an overview of the Principles Integrity and explained they are the Integrity Commissioner for approximately 60+ Ontario municipalities and other public bodies. J. Abrams explained the role of the Integrity Commissioner, which includes consulting, education, advisory, code of conduct complaints, and general governance advice. Jeffrey explained that Clarington's engagement with the Integrity Commissioner can be roughly divided into three areas including policy development and education, advice and complaint investigation and resolution. J. Adams highlighted ethical themes around the province, the rules against disparagement, and concerns with members of Council overstepping their role. Jeffrey concluded by thanking the Members of Council and that they look forward to continuing to work with the Municipality of Clarington. J. Abrams answered questions from the Members of Council. Resolution # C-013-24 Moved by Councillor Elhajjeh Seconded by Councillor Woo That the Integrity Commissioner's Annual Report from November 2022 to January 2024, be received for information; and That the presentation of Jeffrey Abrams, Principles Integrity, regarding the Integrity Commissioner's Annual Report from November 2022 to January 2024, be received with thanks. Carried 6.2 Ron Hooper regarding the Discontinuation of Clarington’s Task Force on Affordable Housing (Report LGS-011-24 - Advisory Board and Committee’s Terms of Reference Update) Ron Hooper was present regarding the discontinuation of Clarington’s Task Force on Affordable Housing (Report LGS-011-24 - Advisory Board and Committee’s Terms of Reference Update). Ron provided some history on the Task Force and reviewed their mandate. R. Hooper explained that a Policy and a Tool Kit were being developed by working with surrounding Municipalities to assist with setting goals towards affordable housing options. Ron explained that were trying to provide housing initiatives and potential tax rebates and some of the projects including Parkview in Newcastle and the Habitat for Humanity project on Spry Avenue in Bowmanville. R. Hooper noted that, unfortunately, the Task Force struggled to obtain quorum at several meetings which slowed down the progress. Ron requested that the dissolution of the Task Force be reconsidered and is disappointed that there was no consultation prior to this resolution. R. Hooper asked if the Task Force is dissolved, then perhaps sub-committees of the CIP's can Page 72 March 25, 2024 Council Minutes 3 be created. Ron concluded by asking the Members of Council to reconsider this decision and answered questions form the Members of Council. 6.3 Joanne France regarding report LGS-008-24 - Municipal Regulation of Encampments Joanne France was not present at the meeting. 7. Consent Agenda 7.1 Council and Standing Committee Minutes Resolution # C-014-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That all items listed in Sections 7.11 and 7.1.3, be approved on consent. Carried 7.1.1 Minutes of a Regular Meeting of Council dated February 26, 2024 7.1.3 Minutes of the Special General Government Committee meeting dated March 5, 2024 7.1.2 Minutes of the General Government Committee Meeting dated March 4, 2024 Resolution # C-015-24 Moved by Councillor Elhajjeh Seconded by Councillor Rang That all the Items in 7.1.2. Minutes of the General Government Committee Meeting dated March 4, 2024, be approved with the exception of Items 6.5, 6.12 and 9.2. Carried Item 6.5 - PUB-005-24 - Bowmanville Dog Park Lighting Update Resolution # C-016-24 Moved by Councillor Traill Seconded by Councillor Rang That Report PUB-005-24, and any related delegations or communication items, be received; and Page 73 March 25, 2024 Council Minutes 4 That Council direct Staff in the Infrastructure division to include a project for the installation of a hardwired lighting system for the Bowmanville Leash Free Park in the 2025 Budget, with funds to be provided from the Parks Reserve or Municipal Capital Works Reserve Fund. Yes (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Traill, and Councillor Zwart No (1): Councillor Woo Absent (1): Mayor Foster Carried on a recorded vote (5 to 1) Item 6.12 - LGS-011-24 - Advisory Board and Committee’s Terms of Reference Update Resolution # C-017-24 Moved by Councillor Traill Seconded by Councillor Rang That Report LGS-011-24, and any related delegations or communication items, be received; That Resolution #GPA-008-04, regarding the Protocol for Council – Appointed Advisory Committees, approved in 2004, be rescinded; That the matter of Clarington’s Task Force on Affordable Housing be referred to Staff to prepare a new Terms of Reference taking into consideration the proposals made in Mr. Hooper’s delegation regarding Clarington’s Task Force on Affordable Housing; That the Tourism Advisory Committee be discontinued; That the proposed new Terms of References for Clarington’s Advisory Committees, as Attachments 1 through 7 to Report LGS-011-23, be approved; That Staff be directed to advertise for the vacancies on the Accessibility Advisory Committee and Samuel Wilmot Nature Area Management Advisory Committee; and That all interested parties listed in Report LGS-011-24, and any delegations be advised of Council’s decision. Carried Later in the Meeting, see following motion Page 74 March 25, 2024 Council Minutes 5 Recess Resolution # C-018-24 Moved by Councillor Traill Seconded by Councillor Zwart That the Council recess for 5 minutes. Carried The meeting reconvened at 7:46 p.m. with Councillor Anderson in the Chair. The foregoing Resolution #C-018-24 was then put to a vote and carried. 7.1.2.1 Councillor Zwart - Procedural By-law Amendment Resolution # C-019-24 Moved by Councillor Zwart Seconded by Councillor Woo That the Municipal Clerk be directed to prepare a report for possible wording changes to the Procedural By-law, as follows: 1. Require all requests for delegations to outline their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation. 2. For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3. Not allow delegations who are there for the sole purpose of generating publicity for an event. 4. Not allow candidates, or nominees, for a political party. 5. Regarding decorum, add the following clause as follows: a. “No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee.” b. Members of the public shall be respectful of Council, staff, delegations, and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings. c. Attendees shall not engage in conversations, display placards or props. 6. Change the time limit for delegations from ten minutes to seven minutes, with a single extension of up to three minutes by majority vote. Should there Page 75 March 25, 2024 Council Minutes 6 be more than one individual that registers to speak as a group, the group shall be allotted up to ten minutes to delegate. 7. That the time limit for Members of the Public to speak at Public Meetings be changed from ten minutes to five minutes. 8. That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. That all interested parties be advised of Council's decision. Carried as Amended, see following motions Resolution # C-020-024 Moved by Councillor Traill Seconded by Councillor Zwart The foregoing Resolution #C-019-24 be divided to consider Paragraph 6 and 7 separately. Carried Resolution # C-021-024 Moved by Councillor Traill Seconded by Councillor Zwart That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 6: “Change the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote.” With the following sentence: “Change the time limit for delegations remain at ten minutes.” and That the following be added as Paragraph 7: “That the time limit for Members of the Public to speak at Public Meetings remain at ten minutes.” Motion Withdrawn Resolution # C-022-24 Moved by Councillor Zwart Seconded by Councillor Traill That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 6: That the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote.” Page 76 March 25, 2024 Council Minutes 7 With the following sentence: “Change the time limit for delegations remain at ten minutes.” and That the following be added as Paragraph 7: “That the time limit for Members of the Public to speak at Public Meetings be changed from 10 minutes to five.” Motion Divided, see following motion Resolution # C-023-24 Moved by Councillor Traill Seconded by Councillor Zwart The foregoing Resolution #C-022-24 be divided to consider Paragraph 6 and 7 separately. Carried Resolution # C-024-24 Moved by Councillor Traill Seconded by Councillor Zwart That the foregoing Resolution #C-022-24 be amended by replacing the following sentence, in Paragraph 6: “Change the time limit for delegations from ten minutes to five minutes, with a single extension of up to five minutes by majority vote.” With the following sentence: “That the time limit for delegations remain at ten minutes.” Yes (2): Councillor Traill, and Councillor Zwart No (4): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, and Councillor Woo Absent (1): Mayor Foster Motion Lost on a recorded vote (2 to 4) Resolution # C-025-24 Moved by Councillor Zwart Seconded by Councillor Woo That the following be added as Paragraph 7: “That the time limit for Members of the Public to speak at Public Meetings be changed from 10 minutes to five minutes.” Carried Page 77 March 25, 2024 Council Minutes 8 Resolution # C-026-24 Moved by Councillor Rang Seconded by Councillor Traill The foregoing Resolution #C-019-24 be divided to consider Paragraph 1 and 8 separately. Carried Resolution # C-027-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That the foregoing Resolution #C-019-24 be amended by replacing the following sentence, in Paragraph 1: "Require all requests for delegations to outline their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation." With the sentence: "Require all requests for delegations to be accompanied by a written summary, to be included in the Agenda, outlining their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation." Carried Resolution # C-028-24 Moved by Councillor Zwart Seconded by Councillor Elhajjeh That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. Carried The remainder of Resolution #C-019-24 was then put to a vote and carried as amended. Page 78 March 25, 2024 Council Minutes 9 Main Motion as Amended Resolution # C-029-24 Moved by Councillor Zwart Seconded by Councillor Woo That the Municipal Clerk be directed to prepare a report for possible wording changes to the Procedural By-law, as follows: 1. Require all requests for delegations to be accompanied by a written summary, to be included in the Agenda, outlining their subject, their address, their reason for delegating, their desired action requested of Council, and any supporting documentation. 2. For matters which are more properly within the responsibility of staff, the Clerk shall notify the proposed delegate that the delegation shall not be listed on the agenda and shall direct the proposed delegate to the appropriate department. The delegation shall not be listed on an agenda until staff has had the opportunity to address the matter. 3. Not allow delegations who are there for the sole purpose of generating publicity for an event. 4. Not allow candidates, or nominees, for a political party. 5. Regarding decorum, add the following clause as follows: a. “No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public or Council and Committee.” b. Members of the public shall be respectful of Council, staff, delegations, and all attendees at the meeting by refraining from public outbursts, heckling, shouting, making comments, or behaviour intended to disrupt the debate, discussion and/or general proceedings. c. Attendees shall not engage in conversations, display placards or props. 6. Change the time limit for delegations from ten minutes to seven minutes, with a single extension of up to three minutes by majority vote. Should there be more than one individual that registers to speak as a group, the group shall be allotted up to ten minutes to delegate. 7. That the time limit for Members of the Public to speak at Public Meetings be changed from ten minutes to five minutes. 8. That the time limit for Staff and Consultant presentations at Public Meetings be added to the Procedural By-law as 20 minutes. That all interested parties be advised of Council's decision. Carried Page 79 March 25, 2024 Council Minutes 10 7.1.2.2 Correspondence from Rege Harren, Regarding Item 9.2 of the General Government Committee Minutes dated March 4, 2024 Correspondence from Rege Harren, regarding Item 9.2 of the General Government Committee Minutes dated March 4, 2024, was considered during Item 7.1.2. 7.1.2.3 Correspondence from Brian O'Connor and Morgan Jarvis O'Connor of K9 Central, regarding Item 5.1 of the General Government Committee Minutes dated March 4, 2024 Correspondence from Brian O'Connor and Morgan Jarvis O'Connor of K9 Central, regarding Item 5.1 of the General Government Committee Minutes dated March 4, 2024, was considered during Item 7.1.2. 7.1.4 Minutes from the Planning and Development Committee meeting dated March 18, 2024 Resolution # C-030-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh That the Items in 7.1.4, Minutes of the Planning and Development Committee dated March 18, 2024, be approved on consent, with the exception of Items 6.7 and 9.1. Carried Item 6.7 - PDS-013-24 - Removal of Holding – 499 Port Darlington Road, Bowmanville (Aquaview) Resolution # C-031-24 Moved by Councillor Traill Seconded by Councillor Rang That Report PDS-013-24, and any related delegations or communication items, be received; That the rezoning application, submitted by Bowmanville Lakebreeze East Village Ltd., for the removal of the Holding symbol at 499 Port Darlington Road, Bowmanville, be approved; That Staff be directed to meet with the developer and Clarington Emergency & Fire Services to discuss alternatives that address issues of public safety, costs, and timing for inclusion in the site plan agreement, to the satisfaction of the Deputy CAO Planning & Infrastructure; and Page 80 March 25, 2024 Council Minutes 11 That all interested parties listed in Report PDS-013-24, and any delegations be advised of Council’s decision. Yes (1): Councillor Traill No (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Woo, and Councillor Zwart Absent (1): Mayor Foster Motion Lost on a recorded vote (1 to 5) Resolution # C-032-24 Moved by Councillor Woo Seconded by Councillor Elhajjeh That Report PDS-013-24, and any related delegations or communication items, be received; That the rezoning application submitted by Bowmanville Lakebreeze East Village Ltd. for the removal of the Holding symbol at 499 Port Darlington Road, Bowmanville, be refused by Council, as conditions related to the removal of the Hold have not been completed; and That all interested parties listed in Report PDS-013-24, and any delegations be advised of Council’s decision. Yes (5): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Woo, and Councillor Zwart No (1): Councillor Traill Absent (1): Mayor Foster Carried (5 to 1) Item 9.1- Parking on Clarington Streets Resolution # C-033-24 Moved by Councillor Rang Seconded by Councillor Elhajjeh Whereas existing and new neighborhoods are experiencing a transition to higher densities through additional dwelling units, increasing rates of car ownership, and changing demographics to multigenerational living; And whereas new neighborhood designs in particular townhouse developments, are being proposed with narrower frontages and shallow lots reducing the possibility of accommodating more than one parking space forcing residents to park on the street, take over visitor parking, and convert fronts yards to parking; Page 81 March 25, 2024 Council Minutes 12 And whereas these new dense neighborhood designs increase the safety risk for children, pedestrians, and create operational constraints for municipal operations like emergency response and snow removal; Now therefore be it resolved that Staff report back on the following: a. additional measures to design standards and zoning that could improve on- street parking and visitor parking plans for new neighbourhoods; b. review of parking opportunities within existing neighbourhoods and implement methods to improve parking conflicts through additional signage and enforcement; c. include amendments to the Boulevard By-law. Yes (6): Councillor Anderson, Councillor Elhajjeh, Councillor Rang, Councillor Traill, Councillor Woo, and Councillor Zwart Absent (1): Mayor Foster Carried on a recorded vote (6 to 0) 7.2 Advisory Committee and Local Board Minutes Resolution # C-034-24 Moved by Councillor Elhajjeh Seconded by Councillor Rang That all Items listed in 7.2, be approved on consent. Carried 7.2.1 Minutes of the Clarington Agricultural Advisory Committee meeting dated January 11 and February 8, 2024 7.2.2 Minutes of the Clarington Accessibility Advisory Committee meeting dated January 30 and February 13, 2024 7.2.3 Minutes of the Clarington Heritage Committee meeting dated February 20, 2024 7.2.4 Minutes of the Bowmanville Santa Claus Parade Committee meeting dated February 21, 2024 7.2.5 Minutes of the Tyrone Community Hall Board meeting dated February 21, 2024 7.2.6 Minutes of the Tyrone Community Hall Board AGM meeting dated February 21, 2024 7.2.7 Minutes of the Clarington Diversity Advisory Committee meeting dated March 14, 2024 7.2.8 Minutes of the Newcastle Arena Board meeting dated February 13, 2024 Page 82 March 25, 2024 Council Minutes 13 7.3 Communications 7.4 Staff Reports and Staff Memos 7.4.1 PUB-006-24 - Communications and Interoperability Radio System Use Adhesion Agreement Resolution # C-035-24 Moved by Councillor Zwart Seconded by Councillor Traill That Report PUB-006-24, and any related delegations or communication items, be received; and That Council approves the signing by the Mayor of the revised , adding Elexicon as a partner. Carried 7.5 By-laws Resolution # C-036-24 Moved by Councillor Zwart Seconded by Councillor Woo That leave be granted to introduce By-laws 2024-009 to 2024-013; and That the said by-laws be approved. Carried 7.5.1 2024-009 - Being a by-law to promote the safe and orderly use of public spaces, to protect infrastructure 7.5.2 2024-010 - Being a by-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington 7.5.3 2024-011 - Being a by-law to establish certain lands as public highways 7.5.4 2024-012 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, 7.5.5 2024-013 - Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 8. Items for Separate Discussion 9. Business Arising from Procedural Notice of Motion 10. Unfinished Business 11. Confidential Items Page 83 March 25, 2024 Council Minutes 14 12. Confirming By-Law Resolution # C-037-24 Moved by Councillor Traill Seconded by Councillor Zwart That leave be granted to introduce By-law 2024-014, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of March 2024; and That the said by-law be approved. Carried 13. Adjournment Resolution # C-038-24 Moved by Councillor Traill Seconded by Councillor Woo That the meeting adjourn at 8:48 p.m. Carried Page 84 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: April 8, 2024 9:30 a.m. Council Chambers or Microsoft Teams Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor S. Elhajjeh, Councillor C. Traill, Councillor M. Zwart Regrets: Councillor L. Rang, Councillor W. Woo Staff Present: M. Dempster, J. Newman, L. Patenaude, R. Maciver, T. Pinn, C. Salazar, D. Speed, J. Gallagher Other Staff Present: P. Da Silva, K. Ferguson _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 9:32 a.m. 2. Land Acknowledgement Statement Councillor Zwart led the meeting in the Land Acknowledgement Statement. Suspend the Rules Resolution # GG-048-24 Moved by Councillor Zwart Seconded by Councillor Elhajjeh That the Rules of Procedure be suspended to add an additional item to the Agenda, as Item 10.1, regarding Ontario Power Generation Host Community Agreement. Carried 3. Declaration of Interest There were no disclosures of interest stated at this meeting. Page 85 General Government Committee Minutes April 8, 2024 2 4. Announcements Members of Committee announced upcoming community events and matters of community interest. 5. Presentations/Delegations 5.1 Delegation by Lynn Jeffs, Ambassador, Gems for Gems, Regarding Report PUB-008-24 Hope's Cradle Referral Lynn Jeffs, Ambassador, Gems for Gems, was present regarding Report PUB- 008-24 Hope's Cradle Referral. Using an electronic presentation, Lynn provided an overview of the Bowmanville Hope's Cradle which was created in May 2023. L. Jeffs stated the concerns addressed by Durham Children’s Aid Society and Durham Regional Police Service. Lynn noted that the Program Supervisor for the Ministry of Children and Social Services stated that the cradle is not a provincial matter. L. Jeffs explained that the cradle is a safe option, and it supports both mothers and babies. Lynn added that Clarington has been supportive to date, but a decision to not pursue the cradle will reflect badly on Clarington. L. Jeffs stated that Council has the authority and should demand the official opening of Hope's Cradle in Clarington immediately. L. Jeffs answered questions from Members of Committee. Alter the Agenda Resolution # GG-049-24 Moved by Councillor Anderson Seconded by Councillor Zwart That the Agenda be altered to consider Item 8.1, Report PUB-008-24 Hope's Cradle Referral, at this time. Carried 8. Unfinished Business 8.1 PUB-008-24 - Hopes Cradle Referral Resolution # GG-050-24 Moved by Councillor Zwart Seconded by Councillor Anderson That Report PUB-008-24, and any related delegations or communication items, be received; That the Hope's Cradle remain operational; That a formal announcement be made; and That all interested parties listed in Report PUB-008-24, and any delegations be advised of Council’s decision. Carried Page 86 General Government Committee Minutes April 8, 2024 3 5. Presentations/Delegations 5.2 Presentation from Jennifer Hess, Manager, Investment Services, and Keith Taylor, Chief Investment Officer, ONE Investment, Regarding Report FSD- 015-24 Adoption of Prudent Investor Standard and Agreement with ONE JIB Jennifer Hess, Manager, Investment Services, and Keith Taylor, Chief Investment Officer, ONE Investment, were present regarding Report FSD-015-24 Adoption of Prudent Investor Standard and Agreement with ONE JIB. Using an electronic presentation, Jennifer provided the background of ONE Investment, including ONE Investment Municipal Clients, benefits, governance, and legislation and regulation. J. Hess provided an overview of ONE Joint Investment Board, including the roles under the prudent investment program. Keith explained the background of the ONE Investment OCIO provider and the benefits of OCIO. K. Taylor provided an overview of the future growth of the model. Keith answered questions from Members of Committee. Alter the Agenda Resolution # GG-051-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the Agenda be altered to consider Item 6.5, Report FSD-015-24 Adoption of Prudent Investor Standard and Agreement with ONE JIB, at this time. Carried 6.5 FSD-015-24 - Adoption of Prudent Investor Standard and Agreement with ONE JIB Resolution # GG-052-24 Moved by Councillor Anderson Seconded by Councillor Zwart That Report FSD-015-24, and any related delegations or communication items, be received; That the By-law attached to Report FSD-015-24, as attachment 1, be approved with the effective date to be determined upon the successful execution of the agreement with ONE JIB; That the Draft Investment Policy, as attachment 2, be approved with the same effective date as the by-law mentioned above, and that Staff be directed to update references in the policy for the effective date of the prudent investor standard; That Policy CP-003 Investment Policy be renamed, Policy CP-003 Investment Policy (Legal List); Page 87 General Government Committee Minutes April 8, 2024 4 That the Mayor and CAO be authorized to execute the agreement with ONE JIB, substantially in the form as included as Attachment #3 to Report FSD-015-24; That the Deputy CAO, Finance and Technology/Treasurer be directed to complete the required documentation client questionnaire; and That all interested parties listed in Report FSD-015-24, and any delegations be advised of Council’s decision. Carried 5. Presentations/Delegations 5.3 Presentation from Rob Maciver, Deputy CAO/Solicitor, Regarding Report LGS-016-24 Site Alteration By-law Update Rob Maciver, Deputy CAO/Solicitor, was present regarding Report LGS-016-24 Site Alteration By-law Update. Using an electronic presentation, Rob provided an overview of the Site Alteration By-law, legislative background, and public consultation. R. Maciver outlined the proposed changes to the by-law including prohibitions, exemptions, permits, fees, and enforcement. Rob provided an overview of the public awareness initiatives including public education, inclusion in the Municipal Law Enforcement Communications Plan, reporting "Hotline", and consistent enforcement. R. Maciver answered questions from Members of Committee. 6. Consent Agenda Resolution # GG-053-24 Moved by Councillor Traill Seconded by Councillor Elhajjeh That all items listed in Section 6, with the exception of Items 6.11, and 6.12, be approved on consent, in accordance with the Agenda. Carried 6.1 FSD-011-24 - 2023 Annual Statement of Cash-in-Lieu of Parkland Resolution # GG-054-24 That Report FSD-011-24, and any related delegations or communication items, be received for information. 6.2 FSD-012-24 - 2023 Annual Building Permit Fees Report Resolution # GG-055-24 That Report FSD-012-24 be received for information. Page 88 General Government Committee Minutes April 8, 2024 5 6.3 FSD-013-24 - 2023 Annual Statement of Development Charges Reserve Funds Resolution # GG-056-24 That Report FSD-013-24, and any related delegations or communication items, be received for information. 6.4 FSD-014-24 - 2023 Investments Annual Report Resolution # GG-057-24 That Report FSD-014-24, and any related delegations or communication items, be received; and That all interested parties listed in Report FSD-014-24, and any delegations be advised of Council’s decision. 6.6 FSD-016-24 - Project Management Services - Operations Depot, Fire Station and Fire Training Facility Resolution # GG-058-24 That Report FSD-016-24, and any related delegations or communication items, be received; That the proposal received from Colliers Project Leaders Inc. being the most responsive bidder meeting all terms, conditions and specifications of RFP2024-3 be awarded the contract for the provision of Project Management Services for the new Operations Depot, Fire Station and Fire Training Facility; That the funds required for this project in the amount of $522,700.42 (Net HST Rebate) be funded from the approved budget; and That all interested parties listed in Report FSD-016-24, and any delegations be advised of Council’s decision. 6.7 FSD-017-24 - Veteran’s Square and Courtyard Revitalization Resolution # GG-059-24 That Report FSD-017-24, be received; That J. Hoover Ltd with a total bid amount of $1,301,771.41 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of tender CL2024-5 including all provisional items, be awarded the contract for the landscaping and renovations of the Veteran’s Square and Courtyard, as required by the Community Services Division; Page 89 General Government Committee Minutes April 8, 2024 6 That the total funds required for this project is $1,359,672.85 (Net HST Rebate), which includes construction costs of $1,301,771.41 (Net HST Rebate) and other related costs such as design, inspection, testing, contract administration and contingencies of $57,901.44 (Net HST Rebate) is in the approved budget allocation as provided and be funded from the following accounts: Description Account Number Amount Veteran’s Square Rehabilitation 110-42-421-84232- 7401 $1,050,050.00 Building and Property Improvements 110-42-421-83718- 7401 $309,622.85 That all interested parties listed in Report FSD-017-24, and any delegations be advised of Council’s decision. 6.8 LGS-014-24 - Clarington’s 2024-2027 IDEA Strategy Resolution # GG-060-24 That Report LGS-014-24, and any related delegations or communication items, be received; That the 2024-2027 Inclusion, Diversity, Equity and Anti-Racism (IDEA) Strategy attached to Report LGS-014-24, as Attachment 1, be approved; and That all interested parties listed in Report LGS-014-24, and any delegations be advised of Council’s decision. 6.9 LGS-015-24 - 2024-2028 Multi-Year Accessibility Plan Resolution # GG-061-24 That Report LGS-015-24, and any related communication items, be received; That the 2024-2028 Multi-Year Accessibility Plan, attached to Report LGS-015- 24, as Attachment 1, be approved; That the 2024-2028 Multi-Year Accessibility Plan be posted on Clarington’s website in accordance with Regulations; and That all interested parties listed in Report LGS-015-24 be advised of Council’s decision. 6.10 LGS-016-24 - Site Alteration By-law Update Resolution # GG-062-24 That Report LGS-016-24, and any related delegations or communication items, be received; Page 90 General Government Committee Minutes April 8, 2024 7 That the Site Alteration By-law included as Attachment 2 to Report LGS-016-24, be enacted; and That all interested parties listed in Report LGS-016-24, and any delegations, be advised of Council’s decision. 6.11 PUB-007-24 - Traffic and Parking Bylaw Amendment - Speed Limit Reduction in School Zones Resolution # GG-063-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That Report PUB-007-24, and any related delegations or communication items, be received; That the By-law attached to Report PUB-007-24, as attachment 1, be approved; That up to $70,000 from the Municipal Capital Works Reserve Fund be used to fund the additional signage required; and That all interested parties listed in Report PUB-007-24, and any delegations be advised of Council’s decision. Amendment Resolution # GG-064-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the foregoing Resolution GG-063-24 be amended by adding the following after paragraph 3: That Staff be directed to engage Durham Region to request they match Clarington’s criteria for speed limits in school zones; That Staff engage the School Board Trustees for their comments and support; Carried Page 91 General Government Committee Minutes April 8, 2024 8 Amendment Resolution # GG-065-24 Moved by Councillor Zwart Seconded by Councillor Anderson That the foregoing Resolution #GG-063-24 be amended by adding the following before the last paragraph: That Staff request the Ministry of Transportation to reduce speeds on Highway 35/115, in the area of Clarke Highschool. Carried Main Motion as Amended Resolution # GG-066-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That Report PUB-007-24, and any related delegations or communication items, be received; That the By-law attached to Report PUB-007-24, as attachment 1, be approved; That up to $70,000 from the Municipal Capital Works Reserve Fund be used to fund the additional signage required; That Staff be directed to engage Durham Region to request they match Clarington’s criteria for speed limits in school zones; That Staff engage the School Board Trustees for their comments and support; That Staff request the Ministry of Transportation to reduce speeds on Highway 35/115, in the area of Clarke Highschool; and That all interested parties listed in Report PUB-007-24, and any delegations be advised of Council’s decision. Carried 6.12 CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community Resolution # GG-067-24 Moved by Councillor Anderson Seconded by Councillor Zwart That Report CAO-002-24, and any related delegations or communication items, be received; Page 92 General Government Committee Minutes April 8, 2024 9 That Council request the Province stop using CMHC data to validate housing starts, but as a starting point, and allow Municipalities to identify any inconsistencies with tangible evidence prior to making a funding decision; That Fiscal Impact Assessments be undertaken for all Secondary Plans (inclusive of those completed) to understand the full impact of the legislative changes on each, in particular parkland and DC revenues, and report back to Council prior to any further approvals (inclusive of development application approvals); That a communications campaign be undertaken to explain the impact of the changes that are beyond our control, and how they will impact our community – both now and into the future; That this report be forwarded to all Ontario municipalities with housing targets, the Province of Ontario, and the Members of Provincial Parliament representing Clarington; and That all interested parties listed in Report CAO-002-24, and any delegations be advised of Council’s decision. Yes (5): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Traill, and Councillor Zwart Absent (2): Councillor Rang, and Councillor Woo Carried on a recorded vote (5 to 0) 7. Items for Separate Discussion 7.1 PUB-009-24 - Orono Town Hall 125th Anniversary – Funding Request Resolution # GG-068-24 Moved by Councillor Zwart Seconded by Councillor Traill That Report PUB-009-24, and any related delegations or communication items, be received; That the funding request from the Orono Town Hall Board to assist with the events identified as part of their 125th anniversary be received with thanks; and That all interested parties listed in Report PUB-009-24, and any delegations be advised of Council’s decision. Carried Page 93 General Government Committee Minutes April 8, 2024 10 9. New Business 9.1 Homelessness Crisis (Councillor Rang) In accordance with Section 7.16.8 of the Procedural By-law 2023-033, the matter was not considered as Councillor Rang sent regrets for this meeting. 10. Confidential Items Suspend the Rules Resolution # GG-069-24 Moved by Councillor Elhajjeh Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting until 12:30 p.m. Carried Recess Resolution # GG-070-24 Moved by Councillor Anderson Seconded by Councillor Zwart That the Committee recess for 10 minutes. Carried The meeting reconvened at 11:57 a.m. with Mayor Foster in the Chair. Closed Session Resolution # GG-071-24 Moved by Councillor Elhajjeh Seconded by Councillor Anderson That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with the following:  litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;  advice that is subject to solicitor-client privilege, including communications necessary for that purpose;  information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; and Page 94 General Government Committee Minutes April 8, 2024 11  a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Carried 10.1 Ontario Power Generation Host Community Agreement Rise and Report The meeting resumed in open session at 12:56 p.m. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to Staff. 11. Adjournment Resolution # GG-072-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the meeting adjourn at 12:57 p.m. Carried Page 95 Page 96 Page 97 Lawyers | Patent & Trademark Agents Isaac Tang T: 416-367-6143 itang@blg.com Lee English T: 416-367-6169 lenglish@blg.com Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto ON M5H 4E3 Canada T 416-367-6000 F 416-367-6749 blg.com April 17, 2024 DELIVERED BY EMAIL clerks@clarington.net Clerks Division Municipality of Clarington Municipal Administrative Centre 40 Temperance Street, 2nd Floor Bowmanville, Ontario Dear Mayor and Members of Council: Re: Municipality of Clarington April 22, 2024 Regular Council Meeting Report CAO-002-24 Request to Defer or Refuse Recommendations We are legal counsel to 2056421 Ontario Inc. (“2056421”). 2056421 owns lands in the Municipality of Clarington (“Municipality”) municipally known as 1738 Bloor Street, Clarington and legally described as Concession 2, Part Lot 29. Redwood Properties (“Redwood”) is an established builder of condominium and apartment rental buildings in the Greater Toronto Area. Redwood is the beneficial owner of the lands owned by 2056421 and intends to build vibrant, mixed-used communities in the Municipality. We write to request that Council defer or refuse to accept the recommendations set out in Staff Report CAO-002-24 dated April 8, 2024 (“Staff Report”). In particular, we request the Municipality defer or refuse the third recommendation in the Staff Report, which recommends the Municipality not approve Planning Act applications until a fiscal impact assessment is completed (“Recommendation Three”). Request to Defer: Lack of Time to Respond and Procedural Fairness We ask the Municipality to defer this matter for consideration at a later date. At a minimum, Recommendation Three should be deferred or refused. The Municipality has not afforded impacted stakeholders sufficient time to consider this matter and provide meaningful submissions to Council. The Staff Report purports to respond to legislative changes introduced by the More Homes Built Faster Act, 2022, SO 2002, c. 21 (“Bill 23”). Bill 23 received Royal Assent on November 28, 2022 – more Page 98 2 than one year and four months ago. The Watson & Associates Economists Ltd. Report attached to the Staff Report is dated December 16, 2022 – again, more than one year ago. Meanwhile, the Municipality’s General Government Committee considered the Staff Report on April 8, 2024 (which was added as a late item to the agenda) and the Staff Report will be presented to Council for adoption on April 22, 2024. While the Municipality may consider this matter to be urgent, the rushed nature of this proposal denies affected landowners and residents a meaningful opportunity to consider staff’s recommendations and provide submissions to the Municipality. This is undemocratic and inexplicable given the passage of time since Bill 23 received Royal Assent. This is especially concerning in light of the recent introduction of Bill 185, Cutting Red Tape to Build More Homes Act, 2024, which is relevant to matters raised in the Staff Report. The Municipality should defer Recommendation Three until Bill 185 is enacted to better enable all stakeholders, including the Municipality, to understand the impacts from the proposed legislative changes reflected in Bill 185. As of the date of this letter, neither the agenda nor any staff reports for the April 22, 2024 regular meeting of Council are available on the City’s website. This exacerbates the lack of opportunity for meaningful public participation in a matter that has broad implications for landowners in the Municipality. The Municipality’s approach in this instance is procedurally unfair to those who are most impacted, including Redwood. Procedural fairness concerns the decision making process – the steps before, during and after a decision is made. In this case, there was insufficient notice and a lack of time to provide a meaningful response to the Staff Report with a consequent breach of the procedural fairness owed by the Municipality to it ratepayers. Consequently, Recommendation Three should be deferred. The Recommendation to Defer Planning Act Approvals Sets the Stage for Appeals The Municipality has no legal basis upon which it can decide to refuse to receive or make a decision regarding privately-initiated Planning Act applications. Among other matters, the Planning Act provides a right for persons to apply to municipalities to amend the official plan, amend the zoning by-law, for draft plan or subdivision approval or site plan approval. There are only limited circumstances where a municipality can refuse to receive an application, none of which apply in the present circumstance. The ramifications of Recommendation Three are unclear. If the Municipality refuses to accept Planning Act applications and engage with applicants in a review of those proposals, it runs the risk of applicants turning to the Ontario Land Tribunal for direction and decision. Adopting Recommendation Three may lead to increased appeals and motions regarding completeness of applications (in addition to potential allegations of bad faith conduct on the part of the Municipality for failing to exercise its responsibility under the Planning Act). Redwood has a long history of working collaboratively with local and upper tier municipalities to advance mutually-beneficial redevelopment projects. If Council adopts Recommendation Three, Page 99 3 Redwood (and other landowners) may have limited recourse but to seek the assistance of the Tribunal to adjudicate planning disputes between public and private interests. Conclusion We request the Municipality defer this item to provide a meaningful opportunity for input from relevant stakeholders, including Redwood. The hurried approach to advancing this matter is not reflective of the uncertain, significant and prejudicial implications this has for landowners and ratepayers in the Municipality. At a minimum, the Municipality should defer consideration of Recommendation Number Three or dissociate the proposed pause on Planning Act approvals from the commencement of the fiscal impact assessments. Very truly, BORDEN LADNER GERVAIS LLP Lee English LE Page 100 Page 101 PLANNING | DEVELOPMENT | PROJECT MANAGEMENT | URBAN DESIGN 2472 Kingston Road, Toronto, Ontario M1N 1V3 21 King Street W Suite 1502, Hamilton, Ontario L8P 4W7 Office: (416) 693-9155 Fax: (416) 693-9133 tbg@thebiglierigroup.com April 18, 2024 Mayor and Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Foster and Members of Council RE: The Perfect Storm - Impact of Provincial Changes on our Community Report CAO-002-24 Municipality of Clarington TBG Project Number 24153 On behalf of the Durham Region Home Builders’ Association (“DRHBA”), The Biglieri Group Ltd. (“TBG”) is submitting the following comments with respect to Report CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community (“Report”). The Report was presented and discussed at the Municipality of Clarington General Government Committee (“GCC”) on April 8, 2024. As the Report was a late addition to the agenda, TBG nor members of DRHBA had an opportunity to review the Report or speak to it at the GCC meeting. REPORT CAO-002-24 OVERVIEW The Report discusses anticipated funding for meeting pledged housing targets from the Province’s Building Faster Fund that would have allocated financial resources to fund infrastructure and parks needs in Clarington. While funding was expected, it was not granted due to a discrepancy between the Municipality and CMHC in what constitutes a “start” for the construction of new housing. The Report also speaks to a number of items stemming from Provincial legislation that ultimately reduces the amount of parkland dedication the Municipality will receive and the ability to provide community parkland to residents. In particular, the Report identifies forty-six (46) hectares of parkland that was anticipated within the Municipality’s Secondary Plans and the potential shortfall as a result of reduced parkland dedication requirements within Bill 23. The Report states a potential loss of twenty-three (23) hectares of parkland identified within Secondary Plan areas. Lastly, the Report speaks to the need to complete new Fiscal Impact Analyses (“FIA”) for the various Secondary Plans, including four (4) that have already received final approval from Durham Region and have active development applications. Completing new FIAs may result in changes to the Secondary Plans and will impact the timing of approving pending Secondary Plans and site-specific development applications. These delays will further affect the Municipality’s ability to meet pledged housing targets. Page 102 THE BIGLIERI GROUP LTD. 2 CONSULTATION This Report was added to the agenda shortly before the GCC meeting started. Given the implications on the development approvals process and getting shovels in the ground for urgently needed housing, DRHBA finds the implications of the Report and how it was presented to GCC to be a slight to the industry. DRHBA, and the development community as a whole, are partners with the Municipality in building new and established communities. Advance notice of the Report, or even including it when the GGC agenda was originally posted, would have allowed members to review the Report, talk to staff, and/or speak at the meeting. HOUSING TARGETS The Municipality of Clarington made a pledge to the Province of Ontario to deal with the housing crisis by building 13,000 residential units by 2031. The Province provided a target for the Municipality to start 953 new units for the year 2023. It was believed that the target was met, however, due to a discrepancy in how a housing “start” is defined, Clarington did not reach the target for 2023. Upon review of the Report and the apparent discrepancy, we encourage the Municipality to resolve this issue with the Province. In TBG’s review, it would appear that the target was met, and that the Municipality should be eligible for the funding. The DRHBA would be happy to be involved with and assist in these discussions. PARKLAND Parkland is dedicated to the Municipality at rates prescribed by the Municipality’s Parkland Dedication By-law and The Planning Act. Parkland is provided as either land dedication or Payment in Lieu (“PIL”). The Municipality’s Parkland Dedication By-law requires that land or PIL is provided at the greater of either the standard rate of 2% for commercial or industrial developable land / 5% for residential and all other lands, or at the alternative rate as provided for in The Planning Act, which is currently a rate of 1 hectare for 600 residential units as land or 1 hectare for 1,000 residential units as PIL. The Planning Act also has a cap on the amount of parkland dedication should the alternative rate be used, which is 10% of the land or PIL for development lands that are five (5) hectares or less, and 15% for development lands that are greater than five (5) hectares. The Report indicates that the amount of Parkland (or PIL) the Municipality will receive will be reduced by 50% as a result of the legislative changes. This assumes that all parkland dedication will be based on the alternative rate. This is typically the case for medium and high density developments where the alternative rate may be higher. However, low density developments may offer parkland at the standard rate of 5%. The majority of the new secondary plans are greenfield where parkland will be provided at the standard rate through low density developments. As the rate would be determined through processing of individual development applications, strictly using the alternative rates in the Report paints a picture that is not reflective of the true amount of parkland (or PIL) that will be dedicated to the Municipality. The Report identifies forty-six (46) hectares of parkland within Secondary Plan areas, which is taken from the March 2024 Phase 1: Background and Existing Conditions Summary Report prepared for the Municipality’s Parks, Recreation, and Culture Master Plan (“Parks Background Report”). The Parks Background Report also notes that the timing and development of parks Page 103 THE BIGLIERI GROUP LTD. 3 within Secondary Plan Areas is not defined and may not take place during the planning period examined (between 2021 to 2036). Further, the Parks Background Report also notes that parkland requirements per The Planning Act may further change, and that the amount of future parkland within some of the ongoing Secondary Plan studies may increase, subject to negotiations. While the Report notes a loss of twenty-three (23) hectares of parkland, ultimately, the amount of parkland dedication required will be determined during the site-specific development approval process based on the rates legislated at that time. Simply cutting the amount of parkland in half is not an accurate assessment. We challenge this statement in the report and suggest Clarington’s consultant clarify this statement. There are also other opportunities to ensure parkland provisions support the needs of the Municipality through the Parkland Dedication By-law and Official Plan (currently subject to a comprehensive review). Allowance for stratified parks as of right (i.e., parkland above structured underground stormwater management facilities) can provide additional parkland and open space needs for residents. Table 1 of the Report assesses the potential loss in revenue to the Municipality for parkland PIL as a result of Bill 23 and the lesser payment (1 hectare for 1,000 units) and cap of 10% or 15%. Upon review of the calculated revenue, it is unclear whether the calculations are accurate as the land area and land value for each of the examples are not provided. Based on the “Rate Prior to Bill 23” of $344,000 PIL for Example A, we have determined that the site is 1 hectare in size with a land value of $4,000,000/ha. The PIL Post Bill 23 would therefore be $172,000 as the new Alternative rate results in a 50% reduction. The Report states this revenue at $192,000 which does not appear to be an accurate calculation. Further, the Report references a valuation of land in Clarington at $5,000.000/ha, which is inconsistent with the calculated valuation used for Table 1. As such, the potential revenues for each example presented in Table 1 cannot be verified. Further, Table 1 does not use a low density example where the parkland requirements would not change. SECONDARY PLAN APPROVALS Since 2017 the Municipality initiated a program to prepare twelve (12) new and updated Secondary Plans, of which only four (4) have been completed and approved. There have been significant delays in getting the remaining Secondary Plans approved and processing site- specific development applications within these lands. The Report notes that Fiscal Impact Analyses were conducted for each Secondary Plan and provided through the community consultation process. It is also noted that these Fiscal Impact Analyses may need to be updated. Conducting these updates will take significant time and financial commitments resulting in additional delays in approving Secondary Plans and site-specific development applications. Further delays to the outstanding Secondary Plan approvals – and site-specific development applications within approved Secondary Plans – will jeopardize the ability to move forward with development applications and ultimately the construction of new housing. These construction delays will certainly guarantee the Municipality will miss future housing targets and associated provincial funding. Page 104 THE BIGLIERI GROUP LTD. 4 CONCLUSION Updating Fiscal Impact Analyses will not change provincial legislation. While updates may provide a better understanding of the impacts stemming from the new legislation, they will not get ‘shovels in the ground’ – which is ultimately contrary to the point of the legislation itself. Further, in the current environment it is not practical, nor efficient use of public funds, to update such high level analyses every time legislation changes – as the rate of legislative change in recent years has been significant. Legislation could well change again in the coming months, producing different parkland dedication requirements or payments through Development Charges – recent introduction of Bill 185 as evidence. As such, updating the Fiscal Impact Analyses, or preparing any other study that delays Secondary Plans approvals and processing of site-specific development applications, is unwarranted. It will only add additional costs associated with these delays. Further, these Fiscal Impact Analyses may be duplicating the work that is being currently being conducted as part of the Municipality’s Parks, Recreation, and Culture Master Plan. That process is the appropriate vehicle to examine the impacts of Bill 23 (and other pieces of legislation) on municipal parkland dedication matters. The land use permissions and height and density provisions in the Secondary Plans should remain in force and continue to guide development approvals. The timing to approve Secondary Plans has been substantial since the program was initiated. The Fiscal Impact Analyses are not necessary and will only cause further delays. The Municipality needs to move forward with approving the outstanding Secondary Plans and continue to process site-specific development applications. We request Council not adopt Recommendation #3. Should you have any questions or require additional information, please contact the undersigned at your earliest convenience. Respectfully, THE BIGLIERI GROUP LTD. Anthony Biglieri, MCIP, RPP Mark Jacobs, MCIP, RPP Managing Partner Associate cc. Durham Region Home Builders’ Association Page 105 WSLEGAL\073486\00114\37587313v2 Andrew Jeanrie Partner Direct Line: 416.777.4814 e-mail: jeanriea@bennettjones.com Our File No.: 073486.00114 April 18, 2024 VIA EMAIL clerks@clarington.net Mayor Foster & Members of Council Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Mayor and Members of Council: Re: Item 7.1.2 General Government Committee Proposed response to Bill 23, The More Homes Built Faster Act, 2022 We are legal counsel to Minto Communities Inc. ("Minto") who is a member of the Southeast Courtice Landowners Group (the "Landowner's Group"). Our client has an interest in 2149 Courtice Road, Clarington (the "Property") which falls within the Southeast Courtice Secondary Plan. The purpose of this letter is to urge Council not to accept Recommendation 3 of Report Number CAO-002-24. Specifically, our client objects to the proposal: “That Fiscal Impact Assessments be undertaken for all Secondary Plans (inclusive of those completed) to understand the full impact of the legislative changes on each, in particular parkland and DC revenues, and report back to Council prior to any further approvals (inclusive of development application approvals);” This proposal is contrary to the legislative obligations of the Municipality, as well as public policy and the needs of residents of both Clarington and Ontario. It will lead to delays in the delivery of much needed housing and result in time wasted in appeals to the Ontario Land Tribunal, rather than spent in cooperative dialogue between the parties. In short, it is bad public policy that has been brought to Council on a rushed basis (despite its underlying concerns being almost a year and a half old) in a manner that is, itself, contrary to good governance. DocuSign Envelope ID: EEDADF26-6B09-4815-B497-6B46CEDC9D12 Page 106 WSLEGAL\073486\00114\37587313v2 - 2 - Proposal Will Make the Housing Crisis Worse Our client is in the process of finalizing its rezoning and draft plan of subdivision approvals for the Property and is facing “an administrative hard stop” if the above motion is adopted by Council and is implemented. We note that this action would be against the spirit of Bill 23, The More Homes Built Faster Act, 2022 and will delay the delivery of approximately 1,100 units to the Municipality. The recommendation would even run counter to what the Municipal CAO highlights in the report: “Housing affordability has become one of the most pressing and challenging issues impacting communities of all sizes across Ontario.” “Bill 23 is part of a long-term strategy to help build more homes and make life more affordable for Ontario families.” By freezing the review of live applications (such as our client’s) it is only going to exacerbate the situation in the Municipality. Yes, Bill 23 will impact the Municipality in how it acquires parkland. However, it does not preclude the Municipality from acquiring land it desires above what the Planning Act presently permits. Our client is united with the rest of the Southeast Courtice Landowners Group in its opposition to Recommendation No. 3 and trust that upon a more thorough consideration of its impact that Council does not move forward with it. Minto Wants to Work with Clarington to Find Positive Solutions Our client has already met with the Deputy CAO, Planning and Infrastructure in order to detail the significant impact this “revisit” of the Southeast Courtice Secondary Plan will have. Any delay will put our client in a situation where they will have to make a decision with respect to options to finalize the review of the already in process applications. One of those options is not what our client wants, and we trust the Municipality does not want as well…relying on the Ontario Land Tribunal for direction. We will not speak for others, but they will be making the same choice as well all because of the rash decision to consider a strategy to run counter to public policy and, frankly, need, in the Province. Our client looks forward to working with staff and Council to finalize the applications that are before the Municipality today. We request that we are to be notified of any updates or meetings dealing with this matter. Should you have any questions or concerns regarding our comments, please do not hesitate to contact the undersigned. Yours truly, BENNETT JONES LLP Per: Andrew Jeanrie c.c.: Client DocuSign Envelope ID: EEDADF26-6B09-4815-B497-6B46CEDC9D12 Page 107 2005 Sheppard Avenue East, Suite 102, Toronto, ON M2J 5B4 bildgta.ca April 18, 2024 Mayor Adrian Foster and Members of Council Municipality of Clarington 40 Temperance Street. Bowmanville, ON L1C 3A6 Sent via email to clerks@clarington.net RE: The Perfect Storm – Impact of Provincial Changes on our Community CAO-002-024 Regular Council Meeting – April 22, 2024 The Building Industry and Land Development Association (BILD) has recently received the staff report titled "The Perfect Storm – Impact of Provincial Changes on our Community," which was endorsed on April 8th at the General Government Committee and is now scheduled to be brought forward at Council on April 22nd. BILD and our Durham members have thoroughly reviewed this report and are expressing significant concern regarding the tone and inevitable consequences of the outlined actions, which will negatively impact the creation of new homes in Clarington. BILD has engaged in extensive discussions with our affiliate association, the Durham Region Home Builders’ Association (DRHBA). BILD is in alignment with and supportive of the submissions provided by DRHBA, as well as those from our respective members. Our overarching concern stems from staff's omission to engage the industry in consultation regarding the recommendations outlined in this report, which have direct implications for homebuilding and growth in Clarington. Consultation with the development industry fosters transparent dialogue, provides an opportunity to resolve issues and prevent misinformation, and mitigates the type of correspondences currently before Council on this report. While there are numerous concerns within this report, we believe that at a minimum the following warrant further discussion through consultation with staff and the industry: • The halting of all approvals pending the completion of new Financial Impact Assessments for all Secondary Plans. • Staff's calculations used to determine parkland dedication appear to be inaccurate. Specifically, they have utilized a formula of 1 hectare per 600 units while omitting the 5% dedication requirement for low-density sites. Additionally, there are inaccuracies in the language in this report regarding developers and the provincially regulated parkland contributions set out by the Planning Act. Given the housing crisis in Ontario, it is imperative that municipalities pursue proactive solutions to support housing development rather than reacting based on misinformed reports. Council must recognize that the measures outlined in this report will effectively halt all development in Clarington, making it exceedingly challenging to fulfill the housing targets established in the Housing Pledge signed by Council in March of 2023. Page 108 2 BILD strongly recommends that Council defer consideration of this report and instruct staff to engage with the development industry to assist in providing a revised report that contains vetted and fair information. We trust you will take all of the comments submitted into careful consideration. Please contact the undersigned for future discussions. Kind regards, Victoria Mortelliti, MCIP, RPP. Senior Manager, Policy & Advocacy CC: BILD Durham Forum Members Stacey Hawkins, DRHBA Dave Wilkes, President & CEO, BILD Paula Tenuta, SVP, Policy & Advocacy, BILD *** The Building Industry and Land Development Association is an advocacy and educational group representing the building, land development and professional renovation industry in the Greater Toronto Area. BILD is the largest home builders’ association in Canada, and is affiliated with the Ontario Home Builders’ Association and the Canadian Home Builders’ Association. It’s 1,300 member companies consists not only of direct industry participants but also of supporting companies such as financial and professional service organizations, trade contractors, as well as manufacturers and suppliers of home-related products. Page 109 sleisk@cassels.com tel: +1 416 869 5411 fax: +1 416 360 8877 file #060920-00001 April 18, 2024 Email: mayor@clarington.net council@clarington.net Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Adrian Foster and Members of Council Re: Report CAO-002-24, The Perfect Storm - Impact of Provincial Changes on our Community Resolution #GG-067-24 Regular Council Meeting – April 22, 2024 We are the lawyers for the Durham Region Home Builders’ Association (“DRHBA”) with respect to the above noted item. DRHBA has reviewed Report CAO-002-24, The Perfect Storm, and its members are disappointed with the antagonistic tone of the Report and are deeply concerned with the implications, in particular, should Council accept staff recommendation 3, to undertake Fiscal Impact Assessments for all Secondary Plans prior to any further approvals with a potential to reschedule secondary planning and site-specific applications. Such actions will further delay housing delivery and increase housing costs, counteracting both provincial and local efforts to accelerate housing and improve affordability. As staff acknowledges in the Report, the recommendations will further impact the Municipality’s ability to meet its housing pledge. DRHBA requests that Council refuse to adopt recommendation 3 and prevent unnecessarily restarting or reopening secondary plans as this will directly lead to significant housing delays and increased costs to both the Municipality and the industry and ultimately eroding affordability gains achieved through the legislative changes made through the Bill 23, More Homes Built Faster Act, 2022. DRHBA is the voice of the residential construction industry in Durham Region and for over 70 years has been a partner in ensuring local and regional policies, programs and fees support building beautiful neighbourhoods in Durham. The Report’s attempt to frame developers as taking parkland away from communities at the expense of taxpayers is inflammatory and misrepresents the reality that municipal charges (including gratuitous parkland dedications) imposed on new development necessarily impact affordability and the industry’s ability to deliver housing. DRHBA’s members have also identified errors in the examples presented in the Report and have advised they are indeed providing parkland consistent with proposed secondary plan Page 110 April 18, 2024 Page 2 policies, suggesting any reduction in anticipated parkland is, at best, exaggerated. To be clear, to the extent there are reductions, developers are not improperly demanding reduced parkland to enrich themselves but are acting in compliance with provincial legislation, as the Municipality is also required to do. Should the Municipality choose to purchase lands beyond that required to be dedicated under the Planning Act, it can be presumed to be doing so at the cost of and for the benefit of all taxpayers in the best interest of the municipality, and not to place an undue burden on new home buyers. While municipalities do not control when a developer decides to pull a permit, the Municipality can ensure its important role in community building, including processing development applications and advancing community-wide planning, is undertaken efficiently and in good faith. We ask that the Municipality confirm its commitment to honour the extensive secondary planning work undertaken to date and proceed to process development applications across the Municipality, as it is required to do at law. DRHBA appreciates the opportunity to submit comments and thanks Council for its consideration of its request. DRHBA looks forward to continuing to work with the Municipality to ensure its members’ efforts to get homes built quickly and affordably are not interrupted by unnecessary and unproductive planning delays. Yours truly, Cassels Brock & Blackwell LLP Signe Leisk SL/AP/nv cc: Client Page 111 sleisk@cassels.com tel: +1 416 869 5411 fax: +1 416 360 8877 file #035977-00032 April 18, 2024 Email: mayor@clarington.net council@clarington.net Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Mayor Adrian Foster and Members of Council Re: Report CAO-002-24, The Perfect Storm - Impact of Provincial Changes on our Community Regular Council Meeting – April 22, 2024 We are counsel to Brookfield Residential (Ontario) Limited (“Brookfield”), the owner of lands in Clarington which includes approximately 39.96 hectares in the proposed Courtice Transit- Oriented Community Secondary Plan (“CTOCSP”), and lands in the Southeast Courtice Secondary Plan (“SECSP”) for which Brookfield currently has development applications for 76 street townhouse units plus one Medium Density Regional Corridor Block in the Municipality’s second stage pre-consultation process. Brookfield has reviewed the above-noted Report and is very concerned with the delay, lost planning and technical work, and diminished goodwill amongst stakeholders that will result should recommendation 3 be adopted. Brookfield requests Council refuse to adopt recommendation 3 to the extent any further Fiscal Impact Assessments be permitted to create any delay in advancing secondary planning or development application review and approvals. Brookfield has been involved in the planning for the SECSP and proposed CTOCSP, investing significant time and resources into the Municipality’s process. Planning for these areas began before Bill 23, More Homes More Homes Built Faster Act, 2022, and has since continued, and Brookfield sees no planning or legal basis for halting the planning and development of these communities. Brookfield is concerned with the Report’s failure to recognize applicable law, which all stakeholders must follow, and to consider the implications of excess parkland dedication on the ability of owners to deliver on local, provincial, and national housing supply and affordability goals. We note Brookfield also recently provided comments to Community Planning regarding the December 2023 draft CTOCSP and urban design guidelines, which raise legitimate and specific planning concerns with the proposed land use requirements and restrictions which significantly impact the lands available for residential and mixed-use development and risk achievement of the overarching vision of the CTOCSP. Page 112 April 18, 2024 Page 2 Brookfield remains committed to the successful development of communities in Clarington and asks the Municipality commit to transparent and efficient planning processes to ensure these communities can be developed quickly and affordably, such that community benefits, including parkland contributions and development charges required in accordance with applicable legislation, can occur without undue delay. Brookfield appreciates the opportunity to submit comments and thanks Council for its consideration of its request. We request to be provided with written notice of any actions or decisions made by Council or committees respecting this matter. Yours truly, Cassels Brock & Blackwell LLP Signe Leisk SL/AP/nv cc: Raivo Uukkivi Page 113 • DELT� U�B�N Municipality of Clarington 40 Temperance St Bowmanville, ON, LlC 3A6 Attention: Mayor and Members of Council SPECIALIST IN LAND MANAGEMENT+ DEVELOPMENT April 18th, 2024 <Sent via email to C/erks@clarington.ca> RE: Staff Report "The Perfect Storm -Impact of Provincial Changes on our Community" Report No. CAO-002-24, General Government Committee Courtice Transit-Oriented Community Landowners Group Municipality of Clarington (the "Municipality"), Region of Durham (the "Region") 8800 Dufferin St. Suite 104 Vaughan Ontario L4K 0C5 T 905 660 7667 Dear Your Workship and Members of Council, I am writing in my capacity as the Group Manager on behalf of the Southeast Courtice Landowners Group (SE Courtice LOG), the Courtice TOC Landowners Group (CTOC LOG), and the Southwest Courtice Landowners (SW Courtice LOG)-collectively referred to as the "Groups"­ regarding the staff report (the "Report") presented at the General Government Committee meeting on April 8th, 2024. The Groups own majority of the lands within the Southeast Courtice Secondary Plan, the Southwest Courtice Secondary Plan, and Courtice TOC Secondary Plan Area, as illustrated in the attached Landownership Maps (Appendix A). Accompanying this letter are additional submissions from our Planning Consultant, GHD Limited, and our Planning Lawyer, Osler, Hoskin & Harcourt LLP, included as Appendix Band Appendix C, respectively. These letters have been submitted to Council directly as well. We wish to express our concern regarding how the report was handled-specifically, its addition to the meeting agenda merely one business day prior to the meeting. This timing did not allow adequate opportunity for the public and stakeholders to fully comprehend the issues and their implications. Notably, recommendation no. 3 suggests halting further development approvals until a Fiscal Impact Assessment is completed-a measure that, in our view, requires more thorough discussion with the development committee and broader engagement with landowners. The members of the Groups have been significant contributors to the community for decades. For the past eight years, we have collaborated closely with the Municipality on various secondary plans in south Courtice. The SE Courtice LOG was instrumental in the adoption and approval of the Southeast Courtice Secondary Plan in 2020. Similarly, the SW Courtice landowners played a key role in the adoption and approval of the Southwest Courtice Secondary Plan, while the CTOC LOG continues to work diligently on advancing the Courtice TOC Secondary Plan with the Municipality. Page 1 of 3 DELTAURBAN COM Page 114 • DELT� U�B\N SPECIALIST IN LAND MANAGEMEN r + DEVELOPMENT Collectively, the SE Courtice and SW Courtice LOGs have invested millions into the community and have recently contributed $1.13 million towards affordable housing, with an additional $1.13 million committed over the coming years. We are concerned that the staff report has unfairly singled out the SE Courtice Landowners Group, mischaracterizing our compliance with parkland requirements. As detailed in the letter from GHD Limited dated April 18th, these allegations are both inaccurate and misleading. We strongly urge the Council to defer the Report and to remove Recommendation No. 3. It is crucial that the Municipality does not delay approval of development applications that align with the Planning Act and approved secondary plans. We also request continued advancement of active plans, like the Courtice TOC Secondary Plan, ensuring alignment with provincial policies and guidelines. The Groups are committed to working with the Municipality to ensure that obligations regarding parklands are met to support current and future residents within the various Secondary Plans areas. The Groups are dedicated to providing much-needed housing and are actively collaborating with the Municipality and the Region and are advancing approximately $15 million worth of infrastructure projects over the next 12-16 months to support development in SE Courtice, SW Courtice, and Courtice TOC. Thank you for considering our position. We look forward to your support and to a constructive dialogue on these matters. Yours very truly, On behalf of: Southwest Courtice Landowners Group Inc. Southeast Courtice Landowners Group Inc. Courtice TOC Landowners Group Inc. �� Mustafa Ghassan, BES, M.Eng-CEM Delta Urban Inc. cc.Scott Waterhouse and Bryce Jordan, GHD Limited Chris Barnett, Osler, Hoskin & Harcourt LLP Members of the Groups Enclosed. 8800 Dufferin St. Suite 104 Vaughan Ontario L4K OCS Appendix A-Ownership Map Appendix B -GHD Limited Letter(s) Appendix C -Osler, Hoskin & Harcourt LLP Letter Page 2 of 3 T 905 660 7667 DELTAURBAN COM Page 115 SPECIALIST IN LAND MANAGEMENT + DEVELOPMENT Page 3 of 3 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L4K 0C5 DELTAURBAN.COM Appendix A – Ownership Map Page 116 1 2 3 4 5 67 8 9 10 11 12 13 14 15 16 17 1819 2021 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3839 40 41 42 43 44 45 46 51 52 53 5455 56 5758 59 60 61 62 63 47 48 49 50 # Ownership Legal Name Ownership Common Name 1 LIMEROCK DEVELOPMENTS INC. Tribute Communities 2 THE MUNICIPALITY OF CLARINGTON 3 THE MUNICIPALITY OF CLARINGTON 4 RIDGEWORTH DEVELOPMENTS INC. Tribute Communities 5 ELSTON, BRIAN JOHN; ELSTON, SUZANNE 6 RILEY PARK DEVELOPMENTS INC. Tribute Communities 7 PRESTONVALE DEVELOPMENTS INC.; 8 ROKA, DONNA 9 ROKA, DONNA; ROKA, KATHRYN ANA; 10 MICHALSKI, STANISLAWA; 11 ROKA, WILLIAM FRANK; 12 ROKA, WILLIAM; 13 SCHENIMAN, TERRY VINCENT; 14 BRUNO, PASQUALE; BRUNO, COSTANTINA; 15 860492 ONTARIO INC.; 16 1397462 ONTARIO LIMITED; Mark Foley 17 JAMES, WILLIAM HAIG; JAMES, JUNE SYLVIA; 18 KINNEY, CLINTON; KINNEY, JOY; 19 LARMER, JOAN ELIZABETH; 20 GOUIN, ANDRE PHILIPPE; 21 HENRY, GARY GILBERT; HENRY, MICHEL LOUISE; 22 SHEVCHUK, KENNETH MICHAEL; SHEVCHUK,TRACEY ; 23 CORBIERRE, SUSAN ELIZABETH; CORBIERRE, DANIEL; 24 CAREW, WARD FRANCES; ANDREWS, GRACE; 25 1666 CLARINGTON DEVELOPMENT INC. Queens Corp 26 FOLEY, MARK Mark Foley 27 5029695 ONTARIO LIMITED Flea Market (Mark Foley) 28 BEAUCHAMP, PHILLIP ROY; BEAUCHAMP, JENNY FAYE; 29 2056421 ONTARIO INC.; Redwood Properties 30 BOURNE, GLENN; BOURNE, KATHLEEN; 31 2727 COURTICE ROAD INC.; 32 THE REGIONAL MUNICIPALITY OF DURHAM; 33 MUIR, LYNDSEY ANN; 34 MUIR, JAMES ARCHIBALD; MUIR, ALEXANDER LOANE; 35 2433 COURTICE ROAD 36 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON; 37 MOGHARNASI, AHMAD; 38 CANFIELD, ALLAN A.; CANFIELD, LOUISE; 39 PAMMENT, KENNETH A. 40 HAWKE, ROSS WALTER; 41 BAILLARGEON, LAWRENCE; BAILLARGEON, MARIETTE; 42 SNIDER, CHRISTINA DIANE; 43 REID, EVELYN A.; REID, WILLIAM C.; 44 MINTO COMMUNITIES INC. Minto Communities 45 PICKELL, JEFFREY AARON; PICKELL, JULIE DAWN; 46 STAAL, BRYAN; DEVEAU, WENDY; 47 PETERBOROUGH VICTORIA NORTHUMBERLAND AND CLARINGTON CATHOLIC DISTRICT SCHOOL BOARD 48 RILEY PARK DEVELOPMENTS INC. Tribute Communities 49 ZHOU, WENKAI; PENG, YIMIN 50 MASTRANGELO, ELAINE; MASTRANGELO, GIACOMO 51 THE EASTERN ONTARIO DISTRICT OF THE PENTECOSTAL ASSEMBLIES OFCANADA; 52 ORMISTON, BRIAN EDWIN; ORMISTON, ELIZABETH MAE; 53 COYLE, SHIRLEY MARIE; PICKELL, DONALD RAE; PICKELL, DOUGLAS GEORGE Brookfield Properties 54 KAUR, BRINDER PAL; KAUR, ANMOL; 55 HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH 56 5029695 ONTARIO LIMITED; Flea Market (Mark Foley) 57 HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH; 58 HOPE FELLOWSHIP CHRISTIAN REFORMED CHURCH; 59 CEDARDALE REALTY HOLDINGS INC. Norstar 60 WATSON, GREGORY PHILIP; 61 JOWITT, DAVID DONALD; JOWITT, INES; 62 TRIBUTE (KING STREET) LIMITED Tribute Communities 63 TRIBUTE (KING STREET) LIMITED Tribute Communities Southeast Courtice Secondary Plan Area - Land ownership Map Secondary Plan Boundary Highway No. 2 Bloor St. Trul ls Rd .Courtice RdHancock Rd . NN Date: May 4, 2022 Page 117 COMMUNITY BOUNDARY OWNERSHIP BOUNDARY SECONDARY PLAN BOUNDARY SPECIAL STUDY AREA PROJECT No:FIGURE No:DESIGNED BY: SCALE:DATE: CHECKED BY: 30 CENTURIAN DRIVE, SUITE 100 MARKHAM, ONTARIO L3R 8B8 TEL: (905) 475-1900 FAX: (905) 475-8335 *NOTE: LAYOUT IS SCHEMATIC ONLY, DETAILS TO BE PROVIDED AT DETAILED DESIGN STAGE. C.A.M.J.L.B. SCHEDULE A1:7500 MAY 2022 SOUTH COURTICE LAND DEVELOPMENT LTD. (1B) SOUTH COURTICE LAND DEVELOPMENT LTD. (1A) TRIBUTE (PRESTONVALE) LIMITED ALLWIN PROPERTY INVESTMENT LTD. (b) ALLWIN PROPERTY INVESTMENT LTD. (a) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON THE UKRAINIAN CATHOLIC EPISCOPAL CORPORATION OF EASTERN CANADA DELPARK HOMES (PRESTONVALE) INC. MOSER, DOUGLAS; MOSER, TAMMY RUDOLPH, BRIGITTE; MOASE, RONALD BRUCE BAGG, LESLI-ANNE; BAGG, BILLY GRAHAM PRESTONVALE ROADTOWNLINE ROADC N R HIG H W A Y 4 0 1 NON-PARTICIPANT Page 118 Public ROW32614578910111213141920232122242526272829303115161718T rulls Rd 32BloorSt.BaselineRdPresto nvale R d Co urtice R d Date: November 11, 2018NUpdated:June 8, 2023Description: Ownership MapCourtice Transit OrientedCommunityMunicipality: ClaringtonRegion: DurhamScale:Source: Geowarehouse/ MapsLegendGOGON.T.S# Ownership Legal NameArea (ha)~inclusive(ha)1BAGG,LESLIͲANNE; BAGG, BILLY GRAHAM16.04 5.592 FRACZ, IZABELLE4.05 2.803 CARUSO, ROSA; CARUSO, PHILIP27.33 27.334BAGG,LESLIͲANNE; BAGG, BILLY GRAHAM9.10 9.105 TRIBUTE (KING STREET) LIMITED46.93 20.816 BELLCORP HOLDINGS LIMITED17.43 17.437 TRIBUTE (KING STREET) LIMITED19.11 15.958 YOUR HOME DEVELOPMENTS23.81 23.819 TRIBUTE (KING STREET) LIMITED26.70 26.69610 AFANA, ABRAHAM5.35 5.3511CHATTERTON, CHRISTY ANGELA; CHATTERTON, KEVIN RICHARD2.43 2.4312BROOKFIELD PROPERTIES46.32 TBD13 METROLINX12.1414 CATION, SHARON; CATION,DAVID HUNTER1.89 1.89152610144 ONTARIO LIMITED11.08 11.0816 APEX ENGINEERING CONSTRUCTORS INC.4.56 4.5617 MILLER PAVING LIMITED31.15 6.7618HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO,REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THEPROVINCE OF ONT40.0919HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO,REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THEPROVINCE OF ONT3.7620 WASTE MANAGEMENT OF CANADA CORPORATION4.19 4.1921HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO,REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THEPROVINCE OF ON2.5022HARDING, BARRY RICHARD; HARDING, CINDY LOU; HARDING, LARRYROBERT2.44 2.4423 WILLIAMSON, LINDA7.18 7.1824 410319 ONTARIO INC.3.86 3.8625 SCHMID,JOSEPH; SCHMID, JAYNE LEE2.75 2.7526 2519759 ONTARIO INC.3.76 3.7627 5034279 ONTARIO INC.1.21 1.2128 VETERE HOLDINGS LIMITED2.63 2.6329 BELLCORP HOLDINGS LIMITED2.98 2.9830 STORAGE DEPOT INC.3.50 3.5031 ALPA PREͲENGINEERED PANEL SYSTEMS INC.2.72 2.7232 LOVISEK, SANDRA MARIE; LOVISEK, DAVID JOHN;35.46 TBD424.42 218.79TOTALCOURTICE TRANSIT ORIENTEDCOMMUNITYOwnership MapSecondary Plan Area BoundaryCourtice GO StationParticipating LandownersUrban Boundary ExpansionPage 119 SPECIALIST IN LAND MANAGEMENT + DEVELOPMENT Page 4 of 5 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L4K 0C5 DELTAURBAN.COM Appendix B – GHD Limited Letter(s) Page 120 The Power of Commitment GHD 65 Sunray Street Whitby, Ontario L1N 8Y3 Canada www.ghd.com Our ref: 11148794 April 18, 2024 Municipality of Clarington Office of the Municipal Clerk Attn. Members of Council April 8, 2024 General Government Committee - CAO Report 002-24 Southeast Courtice Landowners Group Dear Mayor Foster and Members of Council We are the planning consultants for the Southeast Courtice Landowners Group (SECLOG), a landowners group who collectively own the majority of the land located within the Southeast Courtice Secondary Plan (The SECSP). On behalf of the SECLOG we are writing in response to CAO Report 002-24 which was recently presented at the April 8, 2024 Clarington General Government Committee meeting. More specifically, we are writing to address and correct some of the park dedication information provided in the report pertaining to the SECSP. CAO Report 002-24, specifically page 11 under the heading ‘Southeast Courtice Secondary Plan – a Visual of Potential Loss’, indicates that some developers within the Secondary Plan are demanding that their park allocations be reduced, implying that reduced park sizes are being proposed through development applications and hence providing less park area than required in the Secondary Plan. Section 4.13 of the CAO report continues that “Figure 5 shows the potential loss of parkland within the SECSP area based on the new parkland rates under the Planning Act. Without intervention, the Municipality has the potential to lose a minimum of 8.5 hectares of parkland within the SECSP area, ultimately eliminating all five parkettes and 3 neighbourhood parks.” This statement implies that landowners within the SECSP have suggested to staff that park sizes in their respective draft plan of subdivisions are or will be reduced. This is inaccurate and misleading. For context, the policies of the SECSP provides a Neighbourhood Park size range between 1.5 hectares and 3.0 hectares. The policies of the Secondary Plan also clarify that the exact size of parks are to be determined at the time of development application review. We can confirm that each of the participating Landowner Group members with active development review applications with Clarington (either in pre-consultation review stage or draft plan approved) are providing neighbourhood park sizes consistent with the noted policies of the Secondary Plan. These applications and park sizes are summarized below: x Tribute (Courtice) Limited (SC-2021-006)– 1.13 hectare Neighbourhood Park (Note that this park size has been formally reviewed and accepted by Clarington Planning staff) x Tribute (King Street) Limited (SC-2021-007) – 1.64 hectare Neighbourhood Park (draft approved) x Brookfield Residential (Ontario) Limited – 1.4 hectare Neighbourhood Park x Minto Communities Inc. (SC-2022-0012) – 1.5 hectare Neighbourhood Park x Redwood Properties – 1.89 hectare Neighbourhood Park Page 121 11148794 | Letter to Clarington re. CAO Report 002-24 2 In summary, as applicable to active SECSP development applications, the policies of the SECSP require a minimum of 7.5 hectares of neighbourhood park area and these applications collectively are providing 7.56 hectares of neighbourhood park. Based on this information, the statements in the staff report that the landowners are seeking reduced park areas less than the policies of the SECSP is inaccurate. Further, the CAO report does not delineate between participating and non-participating landowners in the SECSP area and does not illustrate the significant land area that has no active development application with the Municipality. Figure 5 of the staff report identifies ‘removed parkland (eligible for development)’ on lands in the north-east quadrant of the SECSP area that are not part of the SECLOG and do not have active development applications with the Municipality. Figure 5 also includes the existing Courtice Memorial Park, which is owned by the Municipality as a ‘removed parkland’. Figure 5 is inaccurate and does not accurately reflect the parklands that are being provided, the existing municipal park and the future parks. To better explain this information, the attached park review chart illustrates the anticipated area of each park in the SECSP, the area of each park in active development applications and the anticipated future park areas for non-participating lands. This chart confirms that the overall park areas exceed the minimum park areas required in the SEC Secondary Plan. In conclusion, the participating landowners with active applications with Clarington are providing the park sizes consistent with the policies of the SECSP. Regards, Scott Waterhouse, RPP Planning Manager +1 905 429-4999 scott.waterhouse@ghd.com Copy to: SECLOG C/O Delta Urban Page 122 Southeast Courtice Parkland Review 4/17/2024 Park ID Park Type Minimum park size per SE Courtice Secondary Plan (Ha.) Parkland provided based on active development application (Ha.) Parkland anticipated to be provided in the future (Ha.) Total Park Areas (Ha.) # 1 (Tribute Courtice)NP 1.5 1.13 # 2 (Tribute King Street)NP 1.5 1.64 # 3 (Brookfield) NP 1.5 1.4 # 4 (Minto Communities)NP 1.5 1.5 # 5 (Redwood Properties)NP 1.5 1.89 # 6 P 0.5 0.5 # 7 P 0.5 0.5 # 8 P 0.5 0.5 # 9 (Existing Courtice Memorial Park, includes expansion)NP 2.14 2.14 # 10 P 0.5 0.5 # 11 NP 1.5 1.5 # 12 P 0.5 0.5 # 13 NP 1.5 1.5 Total 15.14 7.56 7.64 15.20 Breakdown:Min. size per Secondary Plan Active Development Applications To be provided in the future Total Park Areas Neighborhood Parks (Active Dev. Applications)7.50 7.56 0.00 7.56 Neighborhood Parks (Future Dev. Applications)3.00 0 3.00 3 Existing CM Park (incl. future expansion)2.14 0 2.14 2.14 Total neighborhood Park 12.64 7.56 5.14 12.7 Total Parkettes 2.50 0.00 2.50 2.50 #1 #2 #6 #3 #7 #8 #5 #9 (existingpark incl. expansion) #4 #10 #11 #12 #13 Page 123 Page 124 SPECIALIST IN LAND MANAGEMENT + DEVELOPMENT Page 5 of 5 8800 Dufferin St. Suite 104 T 905 660 7667 Vaughan Ontario L4K 0C5 DELTAURBAN.COM Appendix C – Osler, Hoskin & Harcourt LLP Letter Page 125 Osler, Hoskin & Harcourt LLP Box 50, 1 First Canadian Place Toronto, Ontario, Canada M5X 1B8 416.362.2111 MAIN 416.862.6666 FACSIMILE Toronto Montréal Calgary Ottawa Vancouver New York April 18, 2024 Chris Barnett Direct Dial: 416.862.6651 CBarnett@osler.com Our Matter Number: 1231398 Sent By Electronic Mail Office of the Municipal Clerk / Legislative Services Municipality of Clarington 40 Temperance Street, 2nd Floor Bowmanville, ON L1C 3A6 Dear Mayor and Members of Council: RE: April 22, 2024 Council meeting Agenda item 7.1.2 Report CAO-002-24 We are counsel to the Southeast Courtice Landowners Group Inc., the South West Courtice Landowners Group Inc. and the Courtice TOC Landowners Groups Inc. (collectively the “Groups”). Together, the Groups own the majority of the lands within the South Courtice area that are projected to deliver 9,172 of the 13,423 units that are included in the Municipality’s Housing Target pledge1 by 2031. Our clients have reviewed with concern staff report CAO-002-24 (the “Report”). If Council adopts Recommendation 3 of the Report, the ability of the Groups to deliver much needed housing to meet Clarington’s Housing Target will be significantly impaired. We understand that the Report was added late to the Agenda and was presented at the April 8, 2024 General Government Committee (GGC) meeting, with little notice, limiting the ability of affected stakeholders to comment. Recommendation 3 suggests that no further development approvals be given prior to a Fiscal Impact Assessment being completed. This would include development application approvals within secondary plans that are approved and in force, and would include applications that are in conformity with, and implement, those in force plans. This recommendation is based on the incorrect premise that Clarington is potentially facing a 50% reduction of parkland as a result of legislative changes initiated by the provincial government in Bill 23. The requirements for parkland are clearly established by the Planning Act, as amended by Bill 23. The maximum rate set by law for residential development is either 5% of the land included in a plan of subdivision or 1 hectare for 600 units proposed. If a municipality has in place a parkland by-law that applies higher dedication rates than are in the Act, then the maximum rates in the Act apply. 1 Report PDS-0090-23 Page 126 Page 2 Contrary to the claims made in the Report, all members of the Groups and landowners within the Southeast Courtice Secondary Plan area (which is singled out in the staff report) are meeting their parkland requirements by including parkland at the 5% rate, which was unchanged by Bill 23. This includes parkland that is already draft plan approved,2 as well as applications for draft plan approval that have been made and staff have confirmed they are satisfied with the parkland proposed.3 The map on page 13 of the staff report shows the park that is the subject of a draft plan application by Tribute (Courtice) Limited as being “removed”, despite the fact that an application has been filed clearly showing the parkland in the approved location. The suggestion that 50% of the parkland will be lost based on the Bill 23 changes does not take into consideration the fact that most greenfield plans of subdivision use the unchanged 5% rate. It is also based on an inaccurate and misleading representation of what is actually being proposed by members of the Groups. On behalf of the Groups, we urge Council to not pause the consideration or approval of development applications, and not approve Recommendation #3. The approval of that Recommendation will almost certainly lead to appeals being filed to the Ontario Land Tribunal, which will lead to increased costs and delay in the delivery of needed housing. Yours truly, Chris Barnett Partner CB:s c: Southeast Courtice Landowners Group Southwest Courtice Landowners Group Courtice TOC Landowners Group LEGAL_1:85862952.1 2 Tribute (King Street) Limited (SC-2021-007) – 1.64 hectare Neighbourhood Park 3 Tribute (Courtice) Limited (SC-2021-006)– 1.13 hectare Neighbourhood Park Page 127 Page 128 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. Report To: Council From: Mary-Anne Dempster, CAO Date: April 22, 2024 Memo #: Memo-002-24 Re: Clarification Update on The Perfect Storm Report Regarding CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community, please note the following:  It is important to note that staff’s recommendations in this report will not stop the processing of development applications. We will continue to process active applications within Secondary Plan areas, as well as new ones as they come in. The fiscal impact assessment is not a new requirement and is a critical piece of good planning. An updated assessment for each Secondary Plan would need to be completed as part of bringing any development application recommendation to Council for approval.  For items 4.12 and 4.13, Figure 4 and Figure 5 demonstrate a visual of the potential loss of half the parkland in the Southeast Courtice Secondary Plan. For clarity, this visual is for illustrative purposes only to demonstrate the amount of parkland before and after Bill 23 under the Planning Act.  Further, since this report was discussed on April 8, 2024, the Province of Ontario has introduced Bill 185, the proposed Cutting Red Tape to Build More Homes Act, 2024 (April 10, 2024) and an updated Provincial Planning Statement, which propose changes to the Planning Act, Development Charges Act and Municipal Act. This legislation would reduce the impact to development charges as outlined in item 5.2 of this report, but would not impact parkland dedication. Staff are working through the potential impacts of this additional legislation, and will bring a report to committee. Page 129 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 We are currently discussing applications with the development community, and some have indicated that they will be following the allotment provided for under Bill 23 rather than the previously approved land use plans. Staff are committed to working with the development community to find a collaborative path forward to develop complete communities and grow responsibly. Mary-Anne Dempster Chief Administrative Officer Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Samuel Wilmot Nature Area Management Advisory Committee February 20th, 2024, 8:00 Diane Hamre Recreation Centre MINUTES If this information is required in an alternate format, please contact the Accessibility Coordinator at 905- 623-3379 ext. 2131. Participation: Y/N Person Y/N Person Y Brian Reid (Past Chair) Y Leanne Fernandez Y Carmen Aeillo Leo Blindenbach Y Councillor Margaret Zwart (Council Liaison) Patrick Bothwell Y Kate Potter (Chair) Samantha Hansen Y Ken Mercer (Staff) Y Tom Hossie (Vice Chair) Y Leah Bourgeois Y Rod McArthur Agenda Items 1. Call To Order and Welcome – by Chairperson Kate. Kate updated the committee re Leo’s situation and circulated a get well card for members to sign. Kate also reported that Samantha Hansen has advised her that she will be leaving the committee. 2. Additions To The Agenda / Adoption Of The Agenda – moved by Rod McArthur, seconded by Leah Bourgeois that the agenda be adopted. CARRIED 3. Adoption Of Minutes Of Previous Meeting - moved by Leah Bourgeois, seconded by Carmen Aeillo that the minutes of the meeting of January 16th, 2024, be approved. CARRIED 4. Committee Administration a. Terms of Reference – Ken advised that these will be going to Council on March 4th. On the agenda for that meeting and related to this item, Page 136 is the request for an additional member. ( It now appears that we will need two). We will have the opportunity to see them again following approval by Council. Q - Are we supposed to be sending minutes to MNRF and/or GRCA? A – No formal requirement to do so. It appears that MNRF’s role vis a vis SWNA was limited to the time surrounding the establishment of SWNA. It was suggested that the Terms of Reference could include phrasing such as “SWNA minutes are accessible through the Municipal website. “ Suggestion: that we submit an annual written report to Council concerning our overall activities during the year. An actual presentation to Council could also be requested. 5. SWNA Workplan: a. This quarter i. LEAF program – Leah reported that discussions are ongoing. After some discussion, it was agreed that Leah and Ken will discuss the possibility of doing something with “ in-house “ resources ( eg our arborist ) and/or someone from eg GRCA. This relates to the “ educational” aspects of the programme – tree identification, appropriate species for planting etc . With respect to any actual plantings on SWNA lands, this will be budget driven. ii. Our target date remains the month of June iii. SWNA codes – Tom reported that all are now in place and functioning properly. They also appear to be standing up well. Kate will prepare some type of communications piece to le the public know about this initiative. This could be posted on our blog and website. b. Next 2 quarters i. Spring clean up – scheduled for April 20th. We may some support for Leo who has organized this in the past. Page 137 ii. Bird box maintenance - will be undertaken in early April. Brian to coordinate. iii. Invasive weed removal – Tom suggested that this should be done “ strategically” with a plan to target different species, time frames etc. This will require a “ mapping “ of patches of invasives ( possibly to be done at the time of our spring cleanup ) and establishing priorities. It was noted that Himalayan balsam and garlic mustard might be good places to start. We could also endeavour to seek some external expertise from eg GRCA, DRFN etc. iv. Wildflower planting – Leah will advise Brian re deadline for applying for funding v. Leaf ID - as above vi. Moth week- still on track for July vii. Monarch tagging – tags have been ordered for this September’s event. Tom advised that Monarch Watch has reported that the overwintering population in Mexico was the lowest on record. There were many weather related events ( drought etc ) that contributed to this. He noted that Monarch populations have suffered declines in the past but can bounce back viii. Pollinator presentation – as per last meeting, this event has been deferred to next year c. Final quarter i. Atlantic salmon – Leah advised that she has been in touch with the OFAH who are indeed interested in putting on some type of event/presentation. We have the hall at Hamre booked for October 20th . Leah will continue to dialogue with OFAH re the format. It will be a family-centred event ii. Bird box maintenance (fall) – as per minutes from last month’s meeting Page 138 iii. Christmas bird count- Brian reported that he has had some preliminary discussions with persons from DRFN and will continue to work on this undertaking 6. External Projects: a. (Update) Treatment Plant/ Storm Drainage Pond Project – as per minutes of last meeting b. (Update) Parks, Recreation and Culture Master Plan and Waterfront Strategy – no new developments c. (Update) State of hybernaculem – brushing work has been completed and looks good. The main sign requires some repair d. (Update) SWNA Management plan – timeline for update (est. 2010) and categories relevant to the Committee – no new developments Ken reported that some additional brushing and “ road “ repair has been done near the culvert on the trail leading from the memorial forest southward 7. Other Business a. By-law infractions (camping, fishing, mountain biking/pits, harvesting) – no new infractions reported. b. Rod requested signage, even if temporary, re removal of fiddleheads etc. since we are getting close to the time of year when this typically happens This is on Kens’ schedule. 8. Round Table – All Members Brian advised that he will be hosting a guided walk through SWNA for members of DRFN on March 18th. He also advised that he had recently attended a presentation on the subject of swifts and swallows by a representative from Birds Canada. The presence of a small breeding colony of bank swallows along the bluffs within SWNA may be of interest to them. He will follow up as to what if any action could be taken re research, monitoring etc. Kate reported a protruding piece of metal near the end of the Pooh bridge. Ken will deal with this safety concern. Page 139 9. Next Meeting - March 18th – Diane Hamre at 8 pm. It was noted that neither the Chair nor Vice Chair would be available on that date. Kate will investigate options. Adjournment: moved by Tom Hossie, seconded by Leanne Fernandez, that the meeting be adjourned. CARRIED Summary of near-term action items: 1. New member needed due to resignation 2. Wildflower planting – Leah and Brian re funding application deadline 3. Sign repair at hibernaculum – Ken 4. Signage re removal of plants etc. - Ken 5. Removal of metal piece near Pooh bridge – Ken 6. Date for next meeting – Kate/Tom Page 140 SWNA Management Advisory Committee Draft 2024 Work Plan Month Activity Status Activity Tentative Dates January Confirmed SWNA mtg Jan. 16 February Tentative Confirmed Promote LEAF program for backyard habitat? SWNA mtg Unknown Feb. 20 March Tentative Confirmed Launch QR codes for March break? SWNA mtg Mar. 8 – 15 Mar. 19 April Confirmed Confirmed Tentative Tentative SWNA mtg Spring – earth day clean up Bird box maintenance Invasive weed removal Apr. 16 Apr. 20 Unknown Unknown May Confirmed Tentative SWNA mtg Tree planting May 21 May 25 June Tentative Confirmed Leaf ID SWNA mtg Unknown June 18 July Confirmed Confirmed Moth week SWNA mtg - cancelled July 20-28 No date August Confirmed SWNA mtg - cancelled No date September Confirmed Tentative Confirmed Monarch tagging Pollinator presentation (bees, monarchs, etc) SWNA mtg Sept. 7 and 14 With above? Sept. 17 October Tentative Confirmed Life cycle of Atlantic Salmon SWNA mtg Unknown Oct. 15 November Confirmed Confirmed SWNA mtg / Planning for 2025 Bird box maintenance Nov. 19 Unknown December Tentative Confirmed Christmas Bird Count? SWNA mtg - cancelled Unknown No date Page 141 Samuel Wilmot Nature Area Management Advisory Committee AGENDA March 26, 2024, 8:00 P.M. Diane Hamre Recreation Centre If this information is required in an alternate format, please contact the Accessibility Coordinator at 905- 623-3379 ext. 2131. Participation: Y/N Person Y/N Person Y Brian Reid (Past Chair) Leanne Fernandez Carmen Aeillo Leo Blindenbach Y Councillor Margaret Zwart (Council Liaison) Patrick Bothwell Y Kate Potter (Chair) Y Ken Mercer (Staff) Y Tom Hossie (Vice Chair) Y Leah Bourgeois Rod McArthur Agenda Items 1. Call To Order and Welcome - by Chairperson Kate 2. Additions to the Agenda / Adoption Of The Agenda > Birds Canada contact - Brian - > Pollinator Plant donation – Leah Moved by Tom Hossie, seconded by Leah Bourgeois that the agenda with additions be adopted. CARRIED 3. Adoption Of Minutes of Previous Meeting Moved by Brian Reid, seconded by Margaret Zwart, that the minutes of the previous meeting be approved . CARRIED 4. Committee Administration a. Terms of Reference – Ken advised that these had been ratified by Council. The Committee expressed its concern that the process had taken an inordinate amount of time. Page 142 b. Advertising of member vacancies – Ken advised that this will commence shortly. We may encourage anyone we believe would be interested to apply and that persons do not have to wait for the advertisement to appear before doing so. c. Annual report to Council – Kate reported that she and Tom are working on this. It will include such things as a summary of activities and projects undertaken in the previous year , the degree of public use and participation etc. It was noted that provision of such a report is now a requirement under the revised Terms and Conditions for municipal committees. 5. SWNA Workplan: a. This quarter i. LEAF program – Leah is still in discussions with the LEAF group re a possible speaker/presentation or guided walk. It was suggested that we could promote the sales component of the program to the public via our blog. It was suggested that GRCA may be able to provide someone to lead a tree identification and familiarity walk. Margaret will investigate this possibility . b. SWNA codes – Kate reported that she had created scavenger hunts based on our new QR code signage and posted them during March Break. At the time of the meeting, the degree of uptake was not yet known. c. Next 2 quarters i. Spring clean up – April 20th – plans are proceeding for this event. Jill Richardson will be the overall project lead based in the Port; Rod will be the lead for Bond Head and Kate for the SWNA. Brian, Tom and Kate will be present to assist at SWNA. The remaining committee members will be canvassed prior to the date. Ken’s staff will provide pick up of collected material and any additional bags, gloves etc. that may be required. Page 143 ii. Bird box maintenance – Brian and Rod will attend to this between March 29th and April 1st. iii. Invasive weed removal – as agreed our last meeting, this item is on hold until next year in order to prepare a proper assessment and plan of action iv. Wildflower planting - scheduled for May 25th. Brian advised that the plants have been ordered from the same supplier as last year – and at the same price. Marking and pre-digging of holes will be undertaken prior to the event in accordance with our usual practice. Brian and Ken have discussed the possibility of clearing and cultivating a small area near the entrance to the Memorial Forest and use some of the plants referred to above to start a pollinator garden in that location. This will add to the aesthetics of this high traffic area and has the advantage of being close to the parking lot to allow for ease of watering and weeding as required. v. Leaf ID – see above vi. Moth week – on target for the week of July 21-28 vii. Monarch tagging – on target for September 7th ( backup date September 14th ). It was noted that we have not yet seen the data from Monarch Watch about the results of this year’s overwintering. Tom will share this information as soon as it becomes available. viii. Pollinator presentation – there is still a possibility of holding such a presentation, possibly in conjunction with our tagging event. Tom will investigate further. d. Final quarter i. Atlantic salmon – Leah reported that her contact is available to present on October 20th. Ken has booked the large rooms at the Hamre Centre from 2-430 p.m. ii. Bird box maintenance (fall) – this will take place again in late November Page 144 iii. Christmas bird count – Brian is continuing to investigate the possibility of having our group be involved in this in some way this year 6. External Projects: a. (Update) Special projects / general update on relevant items from the Municipality of Clarington (Ken) i. Management Plan – no new developments ii. Parks and Recreation Plan – no new developments iii. Waterfront Strategy- no new developments iv. Stormwater Plant work – no new developments v. Fiddlehead signage – Ken advised that these have been ordered 7. Other Business a. By-law infractions (camping, fishing, mountain biking/pits, harvesting) Tom reported that a large package of rock salt has been dumped in the Toronto Street lot. Ken will have it removed b. Birds Canada – Brian advised that he had been in touch with a representative of Birds Canada about our nesting box program and more specifically about the nesting colony of bank swallows along the SWNA bluffs. Birds Canada will provide some signage and encourages us to monitor the sites and report relevant data through e-bird or another medium c. Leah reported that she has been working with students from Courtice High School who have been growing a variety of pollinator plants in their classrooms. Arrangements are being made for a field trip to SWNA to plant them in a location of our choosing. Brian and Leah will work together on this. Target date is May 21st . It was noted that the site referred to above near the Memorial Forest would be ideal. 8. Round Table – All Members >Brian – will lead a group of people from the Durham Region Field Naturalists on a walkabout on Saturday , March 30th Page 145 >Ken advised that he has a small budget approved for upgrades to our entrance kiosks. Priority will be given to the one on the Cobbledick side. It was agreed that a better “ bulletin board” section is needed, possibly enclosed, to allow us to post relevant information > Tom advised that a Great Horned owl has been spotted in the old-growth forest 9. Next Meeting - April 16th – Diane Hamre at 8 pm Page 146 * Subject to Advisory Committee Approval * Agricultural Advisory Committee of Clarington March 14, 2024 Agricultural Advisory Committee of Clarington Meeting Minutes Date: Thursday, March 14, 2024 Time: 7:30 p.m. Location: Microsoft Teams or Meeting Room 1C, Municipal Administrative Centre 40 Temperance St., Bowmanville, Ontario Members Present: Henry Zekveld (Chair), Tom Barrie, Eric Bowman, Brenda Metcalf, Councillor Zwart, Richard Rekker, John Cartwright, Mitch Morawetz (DRFA) Regrets: Craig Rickard, Jennifer Knox, Ryan Cullen, Jordan McKay Staff Present: Sylvia Jennings, Jane Wang – Planning and Infrastructure Services Guests: Allison De Vos – Invest Durham, Michael Longarini – Four Farms Market Garden Training Initiative 1. Welcome and Introductions Henry Zekveld welcomed all to the meeting, with introductions. 2. Land Acknowledgement Statement Henry Zekveld recited Clarington’s Land Acknowledgement Statement. 3. Declarations of Interest None 4. Approval of Minutes of February 8, 2024 024-005 Moved by Eric Bowman, seconded by Brenda Metcalf That the minutes of the February 8, 2024, meeting be approved. Carried 5. Presentations / Delegations 5a. Presentation on Four Farms Market Garden Training – Michael Longarini Michael Longarini provided a presentation on Four Farms Market Garden Training – a new agriculture training course that’s been put together by local farmers. The training is put on by four farmers with diverse agricultural backgrounds including homesteading, small-scale farming, foraging, and farmer’s markets. The training will take place over six weekends this spring and will cover topics like soil science, technology, vegetable farming, and the economics of a farm business. The course is aimed at aspiring farmers, hobby farmers who are interested in expanding, and Page 147 Agricultural Advisory Committee of Clarington March 14, 2024 farm staff. The group is hoping to build the agricultural labour market in Durham and collaborate with partners like Durham College to foster innovation. M. Longarini answered questions from the Committee. He noted that smaller farms, which are increasingly common as land has been divided, are able to be very productive if managed efficiently and that these farms are often how first-generation farmers start. He noted how farmer’s markets play an important role in demonstrating to the public that food is produced locally and in raising the profile of agriculture. The farms involved in this training don’t use synthetic fertilizers and pesticides but are not ideologically opposed. The Committee suggested that specialized training, earlier in the year could be helpful for training farm staff, as individual farms may not have the resources to do training in house. H. Zekveld thanked M. Longarini for presenting to the Committee. 6. Business Arising from Previous Meeting 6a. Consultation on Land Division Applications S. Jennings advised that consultation on land division applications will follow the same process as it has in the past with DAAC commenting on the Regional Official Plan Amendment that would accompany a land division application to consolidate non-abutting farm parcels. She advised that the turn around time for land division applications is too short to consult with this Committee. 6b. Rural Traffic Infrastructure Consultation S. Jennings reported that the Clarington Engineering division was not consulted on the new traffic lights installed on Enfield Road at Concession 7 and Concession 8. Clarington engineering has contacted the Region and is passing along the Committee’s concerns. S. Jennings will report back at the next meeting if a rationale is given for why the lights were installed. 7. Correspondence, Council Items and Referrals S. Jennings shared the following for information: • The 2024 Trees for Rural Roads Program is currently accepting applications • The new Terms of Reference for the AACC has been brought to Council 8. Liaison Reports 8a. Durham Agricultural Advisory Committee – T. Barrie Tom Barrie provided the update. Updates were given on the Greater Golden Horseshoe Food and Farming Alliance and the Growing North Durham Annual Activity Report. The DAAC Farm Tour was discussed. Zac Cohoon will host, along with Two Blokes Cidery. Also discussed were issues related to a mobile home on a farm property and maintenance of railway crossings. 8b. Durham Region Federation of Agriculture – M. Morawetz Page 148 Agricultural Advisory Committee of Clarington March 14, 2024 M. Morawetz provided the update. Stormwater management fees were discussed at the last meeting. Some municipalities are charging stormwater management fees based on the amount of impervious surface on a parcel. Some farms, such as those with greenhouses, are facing large fees. A Committee member described the engineering interventions he undertook to reduce stormwater runoff. Discussion ensued about municipalities charging user fees if not directly providing a service. The Committee requested to be consulted if Clarington considers implementing this charge. 8c. Durham Farm Connections – B. Metcalf B. Metcalf reported. The grade 3 program will run April 2nd to 4th, with an open house on the 3rd. The high school program will be on May 28th. The Celebrate Ag Gala will be on October 25th at the Royal Ashburn. Fiddlesticks will be performing again this year. 8d. Durham Agricultural Economic Development Update – A. De Vos A. De Vos provided an update. A tour is being put on for planning, economic development and building services workers in Durham Region. The tour will visit a farm, a soybean roaster, a cidery, and a restaurant, to highlight agriculture supportive businesses and diversified uses. Invest Durham has started to plan for Gather at the Farm, a promotional event for Durham Farm Fresh Members. More details will be available soon. The Clarington Board of Trade will be hosting their Agriculture Summit on April 5th. 9. New Business 9a. Weed Specialist and Controller for the 407 Highway A Committee member advised that there is a local representative for the 407 who can advocate for weed management along the 407 highway. 10. Date of Next Meeting April 11, 2024 11. Adjournment 024-006 Moved by Eric Bowman, Seconded by Richard Rekker That the meeting adjourn at 8:57 p.m. Carried Page 149 Newcastle Memorial Arena Management Board Municipality of Clarington Minutes of Meeting – Tuesday, March 19, 2024 Not yet approved by the Board In Attendance - Gary Oliver - Vice Chair Josh Turner – Interim Manager, Shea-Lea Latchford, Todd Taylor, Sue White, Jim Vinson, Councillor Margaret Zwart Absent- Omar Patel Regets - Dave Bouma - Chair The Vice Chair called the meeting to order at 7:07 p.m. and was opened with the Land Acknowledgement. 1. Agenda - Motion #24-008 Moved by Sue White, seconded by Gary Oliver THAT: The agenda be accepted. CARRIED 2. Acceptance of Minutes – Motion #24-009 - Moved by Sue White, seconded by Gary Oliver THAT: The minutes of February 13, 2024, be accepted as presented. CARRIED 3. Manager’s Report: Safety- There were no “on ice or “off ice” incidents. Josh is still waiting for First Aid and defibrillator training for staff. Josh will follow up with Clarington and Jeremy (CIMCO) on the compressor plant emergency procedures (TSSA). Risk Management – Completed February’s fire equipment report as well as the AED reports. The checklist for the Olympia was revised and will be completed daily. Josh still doesn’t have a fire safety plan; however Sue White will reach out to Rob Groen to facilitate his obtaining same. TSSA orders to be finished by the compliance date with the help of Jeremy (CIMCO). The ladders need to be inspected as mentioned in the Health & Safety report. Rentals - Very few rentals over March Break, although a new weekly rental has started. Futuresign was billed for the lobby kiosk board. Two of the three outstanding payroll cheques have cleared. Repairs/Maintenance – The outstanding repairs still need to be addressed. Sue White will speak with Rob Groen at Clarington and offer any assistance to address the outstanding repairs. Advantage Flooring has replaced tiles and did a full scrub, cleaned, and waxed all the flooring in the building. The toilet in the men’s washroom has been repaired and the light bulbs replaced in the Olympia room. The mirror in the dance room has cracked and tape has been placed on it until it can be replaced. Lights have finally been installed along the east wall. Page 150 2. Staff- Monthly meeting was held and again Josh reminded everyone that hours must be entered at the end of the shift. Josh again reviewed the list of tasks that are to be completed daily. Inspections – TSSA completed their inspection on March 4th and the report was sent to Sue White and Dave Bauma. The Health & Safety inspection was conducted on February 13th. Also, a Fire Inspection was completed on February 29th, however, they did not leave a report or mark an entry in the “red book”. ORFA Update- Josh is still trying to register as a member so he can begin his classes for certification. Other -The ice will come out on approximately April 8th and Josh will need to borrow a floor machine to clean the new floor. We will require new nets for the upcoming season. Josh has suggested a mini pro shop be set up in the office for incidentals such as tape, skate laces and stick wax. 4. Financial Report - Todd reported we are in line with the budget forecasts. We must discuss erecting a fence around the garbage containers and if we are planning to have a natural gas hook-up. 5. New Business – Ontario Grant – Unfortunately, we ran out of time for our submission as an audit was required as part of the application. However, there will be other grants that we will investigate for the upcoming season. Advertising – Futuresign will remain responsible for the digital board in the lobby. Construction Update – Due to a conflict in schedules and the March break there are no updates. 6. CatchCorner - Motion #24-010 - Moved by Gary Oliver, seconded by Sue White THAT: We accept the free one-year contract (to be reviewed in ten (10) months. CARRIED 7. Round Table Discussion - A round table discussion was held, followed with an “In Camera” session. The Vice-Chair adjourned the meeting at 9:56 p.m. Next Board Meeting – Tuesday, April 9, 2024 – Site to be determined. Page 151 Tyrone Community Centre Minutes Date:Wednesday,March 20,2024 Time:7pm Facilitator:Danielle/Crystal Attendees:Tim Paul Danielle Jacquie Greg Dave Brian Larry Petra Crystal Marlene C (phone)Alvina (phone)Diane W Lyndsay Joan Not in Attendance:Marlene W Corinna Nancy Jessi Nikki Karen Welcome 7:01 Welcome,Land Acknowledgement Approval Agenda -Kyle,seconded by Larry.Carried Approval of the Last Minutes –Dave,Seconded by Larry.Carried Reports Chair and Co-Chair –April 8 -Annual Health Inspection Meeting booked April 20 -Annual Spring Clean up for the building Maintenance –Fire Extinguishers check scheduled from outside company Steel cage for the window has been replaced. Leaks in the basement need to be kept an eye on,battery back-ups for sump pump -request that the municipality looking into quotes and seeing if they could fit into this year's budget if not then next year’s budget. Accessibility signs that were missing have been replaced. Ordered and received new curbing for Accessibility spots -can be removed before winter next year to remove for winter due to plows hitting to stop them from being damaged. Emergency light in the entrance way was replaced. Couple of outlets are not working,Kyle to put in a request to have them looked at. Rentals –Rentals for April are great. Rent the Kitchen space through an app called Sizzle?Sizzle has their own insurance,food and safety handling certificate,and does ID checks.Can’t start till May 1st,see if we can rent for $75,Jacquie going to ask for references from the person who reached out to us.- Page 152 Raffel for MS walk -we were asked to donate the hall,we agreed to donate 2 tickets to the 3 of the “Pub Nights”we host in 2025 -Motion put forth by Danielle -Lyndsay and seconded by Kyly -all in favour Treasurer –$20,071.26 in Chequing $60,495.46 in Savings Dance /Events/Movies – St.Pat’s Pub night was a success.The Kegs were not as successful as we hoped,just do beer next year with coolers and liquor. April 5th -Movie Night -Wish April 20 -community Potluck 5-7. June 14th -Kids Dance -K-Gr.4 from 6-7:30 and Gr.5 to Gr.8 from 8-9:30,Cost is $5.00. June 15th -Neon Video Dance Party October 26th -Halloween Pub night with DJ TBD -Taylor Swift Party Old Business –Table legs need to be looked at,some are bent,broken and screws are loose. 4 Spray bottles to be purchased for the cleaner to be pre-mixed for cleaning after events.Ok’d by all to be purchased. Get a quote for 10 long tables to replace older tables,older tables are quite heavy Quote for new plastic folding chairs is $30,000,to replace chairs with arms that are losing seats. Suggested for Danielle to reach out to the Municipality if we can find chairs and tables at a discount. We lack storage space,and need to start a conversation with the Municipality to see if we can come to a solution.Update the shed,do we need a grant for?The Shed leaks.After grading completed can a C-Can be a storage solution -many people are against it,won’t stay organized and have to load at night after an event,won’t be put away properly. New Business – Adjourn:8:37 Kyle,seconded by Tim Next Meeting:April 17th,2024 @ 7pm Page 153 Bowmanville Santa Claus Parade Committee Minutes March 20, 2024 7:00 PM Library meeting room/ Zoom Present in Library meeting room: Crystal Labelle, Saranya Anantharaman Present via Zoom: Jonathan Taylor- Chair, Kelly Maika- Vice Chair, Rick Bellamy, Ashley Maika Absent: Counselor Rang Jonathan Taylor called the meeting to order at 7:00 pm Minutes taken by Saranya Anantharaman- Secretary 1. Land Acknowledgement Statement Jonathan Taylor led the meeting in the Land Acknowledgement Statement 2. Declaration of Pecuniary Interest None declared 3. Adoption of Minutes Moved by Jonathan Taylor, seconded by Kelly Maika That the minutes of the meeting of February, 2024 be approved Carried 4. Dressing room Received two quotes. Allocating a budget of $2000. Passed unanimously. 5. Updates from meeting with New Castle parade committee- Kelly Maika • Fundraising • Bands • Adult volunteers for fundraising • Advertisements • Meet with police along with Newcastle committee • Lean into Rotary and Lions club for button selling • Tap payment option to be explored • Use of walkies/ headsets • Charge for noses Page 154 • 6. Other discussions • Community officer meeting to be scheduled well in advance- Chrystal seconded, unanimous. • Parade route to be discussed in April meeting- Kelly seconded, unanimous. • Discussed about Paint night for fundraiser • Tap payment options- all members to look into options • Previous years buttons charges to be decided later 7. Next meeting schedule In-person meet on 10th April at 7pm at the Municipal Administrative Centre 8. Adjournment Moved by Jonathan, Kelly seconded. Motion adjourned at 7:50pm Carried Page 155 Subject: Request for Notice of Approval: Endorsement of Lightcaster Brewery and Taphouse for By-the-Glass License Dear Clarington Municipal Council, I hope this letter finds you well. I am writing to formally request your esteemed council's notice of approval for the endorsement of Lightcaster Brewery and Taphouse to operate a by-the-glass license for sampling at our on-site brewery location opening in Bowmanville, Ontario at 164 Baseline Road East. Lightcaster Brewery and Taphouse stands to be a promising establishment in our community, with Lightcaster Brewery and Taphouse stands to be a promising establishment in our community, with intention of offering not only quality craft beverages but also serving as a cultural hub for locals and visitors alike. Our commitment to excellence in brewing and providing a welcoming space for patrons is marred only by our dedication to enriching our community. The proposal for a by-the-glass license aligns seamlessly with the ethos of Lightcaster Brewery and The proposal for a by-the-glass license aligns seamlessly with the ethos of Lightcaster Brewery and Taphouse, offering patrons the opportunity to sample our diverse range of craft brews in a responsible and controlled manner. By granting approval for this license, the council would not only support the growth of a local business but also contribute to the vibrant social landscape of Bowmanville. As a resident and supporter of the local economy, I firmly believe that Lightcaster Brewery and Taphouse's As a resident and supporter of the local economy, I firmly believe that Lightcaster Brewery and Taphouse's endeavors are deserving of council endorsement. Their commitment to upholding regulatory standards and fostering a safe and enjoyable environment for all patrons is commendable and reflects positively on our community as a whole. In conclusion, I respectfully urge the Clarington Municipal Council to grant approval for the endorsement In conclusion, I respectfully urge the Clarington Municipal Council to grant approval for the endorsement of Lightcaster Brewery and Taphouse to operate a by-the-glass license at their Bowmanville location. Your favorable consideration of this request would undoubtedly contribute to the continued success and prosperity of both the establishment and our community. Thank you for your attention to this matter. I eagerly await your notice of approval. Sincerely, James Gorry 164 Baseline Road East, Bowmanville, Ontario, Unit D164 Baseline Road East, Bowmanville, Ontario, Unit D 905-260-5611 JIM@LIGHTCASTERBREWERY.COM Page 156 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2024-015 Being a by-law to adopt the estimates of all sums required during the year, to strike rates and levy taxes for municipal purposes for the year 2024 and to provide for the collection thereof. Whereas the Council for the Municipality of Clarington deems it necessary for The Corporation of the Municipality of Clarington pursuant to Section 312 (2) of the Municipal Act, 2001 to levy on the whole rateable property according to the last revised assessment roll for The Corporation of the Municipality of Clarington the sums set forth for various purposes in Schedule "A" hereto attached for the current year; Whereas the property classes have been prescribed by the Minister of Finance under the Assessment Act, R.S.O. 1990 ch A.31 as amended and Regulations thereto; Whereas an interim levy was made before the adoption of the estimates for the current year; Whereas Section 208(2) of the Municipal Act, 2001 provides that the Council of a municipality shall in each year levy a special charge upon rateable property in a Business Improvement Area, which has been designated under Subsection 204(1); Whereas Section 342(1)(b) of the Municipal Act, 2001 S.O. 2001, as amended states in part that a municipality may pass by-laws providing for alternative instalments and due dates to allow taxpayers to spread the payment of taxes more evenly over the year; Whereas Section 345(2) of the Municipal Act, 2001 S.O. 2001, as amended provides that a percentage charge, not to exceed 1 ¼ percent of the amount of taxes due and unpaid, may be imposed as a penalty for the non-payment of taxes on the first day of default or such later date as the by-law specifies; Whereas Section 345(3) of the Municipal Act, 2001, S.O. 2001 as amended, provides that interest charges not to exceed 1 ¼ percent each month of the amount of taxes due and unpaid, may be imposed for the non-payment of taxes in the manner specified in the by-law but interest may not start to accrue before the first day of default; Page 157 Page 2 Whereas pursuant to the Regional Municipality of Durham By-Law Number 2024-014 for Regional General purposes, 2024-015 for Regional Transit Commission purposes and 2024-016 for Regional Solid Waste Management purposes were passed to adopt estimates of all sums required by The Regional Municipality of Durham for the purposes of the Regional Corporation and to provide a levy on Area Municipalities; and the Regional Municipality of Durham approved the transition ratios By-law Number 2024-013; Whereas the education levies shall be levied and collected upon the whole assessment for real property using the Education Tax Rates as set out in Ontario Regulation 400/98 of the Education Act; Whereas Section 323(3) of the Municipal Act, 2001 S.O. 2001, as amended authorizes a local municipality in which there is situated a public hospital to levy an annual amount not to exceed the prescribed amount as set out in Ontario Regulation 384/98 of the Municipal Act, 2001; Now therefore the Council of The Municipality of Clarington enacts as follows: 1. That for the year 2024, The Municipality of Clarington shall levy upon the Residential, Multi-Residential, Commercial, Industrial, Pipeline, Farmland and Managed Forest Assessment the rates of taxation per current value assessment for general purposes as set out in the Schedule "A" attached to this By-law; 2. And that the estimated expenditures, net of revenue and applied surplus required during the year 2024 totalling approximately $76,807,730 are set forth in Schedule “A” attached to this By-law in the manner as set hereunder: 2024 2023 2022 General Purposes Total for Business Improvement Area TOTAL 76,807,730 226,314 77,034,044 72,443,909 221,916 72,665,825 68,174,213 217,625 68,391,838 3. And that the tax rates, established by this by-law to produce the final tax bills for 2024 shall be adjusted to account for the interim levies imposed by By-law No. 2023-065; 5. And that in the event an instalment is not paid on its due date, there shall be imposed a penalty of 1 ¼ percent (1.25%) on the first day of the calendar month following non-payment; 6. And that in the event an instalment is not paid on its due date, interest shall be imposed at the rate of 1 ¼ per cent (1.25%) on the first day of the second calendar month following the due date and on the first day of every calendar month thereafter until the taxes are paid; Page 158 Page 3 7. And that if any instalment remains unpaid at the due date, all future instalments become immediately due and payable; 8. And that the Treasurer and the Manager of Taxation Services are hereby authorized to accept part payment from time to time on account of taxes due, provided that the acceptance of any part payment shall not affect the collection of any percentage charge imposed under sections (5) and (6) of this by-law; 9. And that notwithstanding the provisions of the by-law, all taxes shall be deemed to have been imposed and to be due on and from the first day of January, 2024; 10. And that on application to the Municipality, a taxpayer may pay taxes by a pre- authorized payment plan, payable on the first day of each month or by full payment on instalment due dates. In the event of the default of the payment on the pre-authorized payment plan, enrolment in the plan shall be terminated and the final tax levy shall be due and payable on the instalment dates as set out in Section 15; 11. And that all realty taxes levied under Section 33 and Section 34 (supplementary/omitted taxes) of the Assessment Act shall be due and payable at least twenty-one (21) days after notice is given by the Manager of Taxation Services and penalties and interest will be added in the same manner as other tax levies under this By-law; 12. And that for the payments-in-lieu of taxes due to The Corporation of the Municipality of Clarington the actual amount due to The Corporation of the Municipality of Clarington shall be based on the assessment roll and the tax rates for the year 2024; 13. And that for taxation of certain railway and power utility lands due to The Corporation of the Municipality of Clarington in accordance with the Regulations as established by the Minister of Finance, pursuant to the Municipal Act, 2001, S.O.2001, c.25, as amended, the actual amount due to The Corporation of the Municipality of Clarington shall be based on the assessment roll and the tax rates prescribed for the year 2024; 14. And that there shall be levied and collected upon the assessable land, buildings and businesses with the Corporation of the Municipality of Clarington, the rates identified on Schedule “A”, and as follows on the commercial and industrial assessments in the Business Improvement Areas for the year 2024. Page 159 Page 4 Property Class Bowmanville Newcastle Orono Commercial Industrial 0.00400373 0.00558727 0.00077648 0.00108358 0.00121371 0.00169376 15. And that subject to the provisions of clause 9 of this by-law, all taxes levied under the authority of this by-law shall be payable in Canadian funds and shall be divided into two equal instalments. The first of said instalments will become due and payable on or before the 20 day of June, 2024 and the second of said instalments to become due and payable on or before the 19 day of September, 2024. All taxes shall be paid into the office of the Treasurer of The Corporation of the Municipality of Clarington, subject to change by the Treasurer or Manager of Taxation Services for Legislation or Regulations which may be enacted after the passage of this By-law; 16. And that the Municipality will collect and forward Regional and Education levies in accordance with the rates established by the Region of Durham and the Province of Ontario as reflected in Schedule “A”; 17. For designated public hospitals within the Municipality, the actual amount due to The Corporation of the Municipality of Clarington shall be based on each Provincially rated bed in a designated public hospital as determined by the relevant Provincial Minister and the rates prescribed for the year 2024. 18. And that Schedule "A" attached hereto shall be and form a part of this By-law; 19. And that if any section or portion of this by-law or of Schedule “A” is found by a court of competent jurisdiction to be invalid, it is the intent of the Council of the Municipality of Clarington that all remaining sections and portions of this By-law and Schedule “A” continue in force and effect. 20. This By-law shall come into force and effect upon the date of the final reading thereof. Passed in Open Council this 22nd day of April, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-004 dated April 22, 2024. Page 160 I:\Administration\2024 budget\2024 draft Rate.xlsx 09-Apr-24 2024 MUNICIPALITY OF CLARINGTON Property Class Assessment Tax Rates and Tax $ Raised C.V.A. Region Education Clarington Combined Code Rate Tax $ Rate Tax $ Rate Tax $ Rate Tax $ Residential Taxable: Full RT 14,483,276,325 0.00694927 100,648,198 0.00153000 22,159,413 0.00443256 64,197,991 0.01291183 187,005,602 Residential Taxable: Full, Shared Payment in Lieu RH 1,444,600 0.00694927 10,039 0.00153000 2,210 0.00443256 6,403 0.01291183 18,652 Residential Payment in Lieu: Full RF 2,586,200 0.00694927 17,972 0.00153000 3,957 0.00443256 11,463 0.01291183 33,392 Residential Payment in Lieu: Full, Taxable Tenant of Province RP 10,127,800 0.00694927 70,381 0.00153000 15,496 0.00443256 44,892 0.01291183 130,769 Residential Payment in Lieu: General RG 18,314,400 0.00694927 127,272 0.00000000 0 0.00443256 81,180 0.01138183 208,452 Farm Taxable: Full FT 563,723,716 0.00138986 783,497 0.00038250 215,624 0.00088651 499,747 0.00265887 1,498,868 Farm Payment in Lieu: Full, Taxable Tenant of Province FP 4,548,000 0.00138986 6,321 0.00038250 1,740 0.00088651 4,032 0.00265887 12,093 Multi-Residential Taxable: Full MT 162,706,800 0.01297081 2,110,439 0.00153000 248,941 0.00827337 1,346,134 0.02277418 3,705,514 New Multi-Residential Taxable: Full NT 14,893,000 0.00764419 113,845 0.00153000 22,786 0.00487582 72,616 0.01405001 209,247 91% 15,261,620,841 192,822,589 Commercial Taxable: Full CT 806,075,398 0.01007645 8,122,378 0.00880000 7,093,464 0.00642721 5,180,816 0.02530366 20,396,658 Commercial Small Scale on Farm Business 2 C0 119,400 0.01007645 1,203 0.00220000 263 0.00642721 767 0.01870366 2,233 Commercial Small Scale on Farm Business 1 C7 202,800 0.01007645 2,044 0.00220000 446 0.00642721 1,303 0.01870366 3,793 Commercial Taxable: Full, Shared Payment in Lieu CH 75,643,500 0.01007645 762,218 0.00980000 741,306 0.00642721 486,177 0.02630366 1,989,701 Commercial Payment in Lieu: Full CF 30,619,800 0.01007645 308,539 0.00980000 300,074 0.00642721 196,800 0.02630366 805,413 Commercial Payment in Lieu: General CG 6,302,100 0.01007645 63,503 0.00000000 0 0.00642721 40,505 0.01650366 104,008 Commercial Payment in Lieu: Full, Taxable Tenant of Province CP 9,297,000 0.01007645 93,681 0.00880000 81,814 0.00642721 59,754 0.02530366 235,249 Commercial Payment in Lieu: Full, Excess Land, Taxable Tenant of Province CQ 204,000 0.01007645 2,056 0.00880000 1,795 0.00642721 1,311 0.02530366 5,162 Commercial Taxable: Excess Land CU 7,782,326 0.01007645 78,418 0.00880000 68,484 0.00642721 50,019 0.02530366 196,921 Commercial Taxable: Vacant Land CX 28,421,400 0.01007645 286,387 0.00880000 250,108 0.00642721 182,670 0.02530366 719,165 Commercial Payment in Lieu: General, Vacant Land CZ 11,413,000 0.01007645 115,003 0.00000000 0 0.00642721 73,354 0.01650366 188,357 Parking Lot Taxable: Full GT 2,485,000 0.01007645 25,040 0.00880000 21,868 0.00642721 15,972 0.02530366 62,880 Office Building Taxable: Full, Shared Payment in Lieu DH 27,875,200 0.01007645 280,883 0.00980000 273,177 0.00642721 179,160 0.02630366 733,220 Office Building Taxable: Full DT 8,931,100 0.01007645 89,994 0.00880000 78,594 0.00642721 57,402 0.02530366 225,990 Shopping Centre Taxable: Full ST 133,920,000 0.01007645 1,349,438 0.00880000 1,178,496 0.00642721 860,732 0.02530366 3,388,666 Shopping Centre Taxable: Excess Land SU 1,642,200 0.01007645 16,548 0.00880000 14,451 0.00642721 10,555 0.02530366 41,554 1,150,934,224 29,098,969 Industrial Taxable: Full IT 76,514,200 0.01406185 1,075,931 0.00880000 673,325 0.00896929 686,278 0.03183114 2,435,534 Industrial Small Scale on Farm Business 2 I0 36,600 0.01406185 515 0.00220000 81 0.00896929 328 0.02523114 924 Industrial Small Scale on Farm Business 1 I7 75,600 0.01406185 1,063 0.00220000 166 0.00896929 678 0.02523114 1,907 Industrial Payment in Lieu: Full IF 22,753,000 0.01406185 319,949 0.01250000 284,413 0.00896929 204,078 0.03553114 808,440 Industrial Taxable: Full, Shared Payment in Lieu IH 5,898,300 0.01406185 82,941 0.01250000 73,729 0.00896929 52,904 0.03553114 209,574 Industrial Taxable: Excess Land, Shared Payment in Lieu IK 1,595,700 0.01406185 22,438 0.01250000 19,946 0.00896929 14,312 0.03553114 56,696 Industrial Taxable: Excess Land IU 1,706,100 0.01406185 23,991 0.00880000 15,014 0.00896929 15,303 0.03183114 54,308 Industrial Taxable: Vacant Land IX 24,008,400 0.01406185 337,603 0.00880000 211,274 0.00896929 215,338 0.03183114 764,215 Industrial Payment in Lieu: General, Vacant Land IZ 3,545,000 0.01406185 49,849 0.00000000 0 0.00896929 31,796 0.02303114 81,645 136,132,900 Large Industrial Taxable: Full LT 91,149,599 0.01406185 1,281,732 0.00880000 802,116 0.00896929 817,547 0.03183114 2,901,395 Large Industrial Taxable: Generating Station, Shared Payment in Lieu LS 23,243,400 0.01406185 326,845 0.01250000 290,543 0.00896929 208,477 0.03553114 825,865 Large Industrial Taxable: Water Intake System, Shared Payment in Lieu LI 11,748,900 0.01406185 165,211 0.01250000 146,861 0.00896929 105,379 0.03553114 417,451 Large Industrial Taxable: Non-Generating Station, Shared Payment in Lieu LN 42,649,800 0.01406185 599,735 0.01250000 533,123 0.00896929 382,538 0.03553114 1,515,396 Large Industrial Taxable: Excess Land, Shared Payment in Lieu LK 845,200 0.01406185 11,885 0.01250000 10,565 0.00896929 7,581 0.03553114 30,031 Large Industrial Taxable: Excess Land LU 5,427,713 0.01406185 76,324 0.00880000 47,764 0.00896929 48,683 0.03183114 172,771 Sub-total Industrial 311,197,512 175,064,612 Pipeline Taxable: Full PT 56,357,000 0.00854344 481,483 0.00880000 495,942 0.00544939 307,111 0.02279283 1,284,536 Managed Forests Taxable: Full TT 42,994,900 0.00173732 74,696 0.00038250 16,446 0.00110814 47,644 0.00322796 138,786 99,351,900 9% 1,561,483,636 Total Assessment 100% 16,823,104,477 $120,417,488 $36,395,815 $76,807,730 $233,621,033 Exempt 624,104,905 Total 17,447,209,382 2023 Comparative Total Assessment 17,116,135,055 % 1.93 Tax $ Split 51.5% 15.6% 32.9% 100% Page 161 MUNICIPALITY OF CLARINGTON COUNCIL MEETING RESOLUTION # Motion for Reconsideration: DATE: April 22, 2024 MOVED BY Councillor Elhajjeh SECONDED BY Councillor Traill That a portion of Resolution #C-008-24 pertaining to the Minutes from the Clarington Active Transportation and Safe Roads Advisory Committee dated January 24, 2024, and the correspondence from the Committee regarding West Beach Road Safety Concerns, be reconsidered. Page 162 MUNICIPALITY OF CLARINGTON COUNCIL MEETING RESOLUTION # Motion if Reconsideration is successful: DATE: April 22, 2024 MOVED BY Councillor Elhajjeh SECONDED BY Councillor Traill That the minutes from the Clarington Active Transportation and Safe Roads Advisory Committee dated January 24, 2024, be received; and That Staff undertake a review of the safety concerns pertaining to West Beach Rd. as outlined by the Active Transportation & Safe Roads Committee in their correspondence, attached to the January 24, 2024, minutes, to ensure that safety improvements are implemented in advance of summer 2024. Page 163