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HomeMy WebLinkAbout2024-10-07 General Government Committee Agenda Date:October 7, 2024 Time:9:30 a.m. Location:Council Chambers or Electronic Participation 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: Lindsey Turcotte, Committee Coordinator, at 905-623-3379, ext. 2106 or by email at lturcotte@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Collection, Use & Disclosure of Personal Information: If you make a delegation, or presentation, at a Committee or Council meeting, the Municipality will be recording you and will make the recording public on the Municipality’s website, www.clarington.net/calendar. Written and oral submissions which include home addresses, phone numbers, and email addresses become part of the public record. If you have any questions about the collection of information, please contact the Municipal Clerk. Noon Recess: Please be advised that, as per the Municipality of Clarington’s Procedural By-law, this meeting will recess at 12:00 noon, for a one hour lunch break, unless otherwise determined by the Committee. 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/archive 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.Land Acknowledgement Statement 3.Declaration of Interest 4.Announcements 5.Presentations/Delegations 5.1 Delegation by John Wildeboer, Co-Director, Brunchkins, Regarding Community Funding Grant Appreciation 4 5.2 Delegation by Brian Sweeny, Regarding Report PUB-015-24 - Open Air Burn By-law 6 6.Consent Agenda 6.1 PUB-013-24 - Scugog Street Storm Sewer Outfall 8 6.2 PUB-014-24 - Hall Board Sustainability Project – Update 12 6.3 PUB-015-24 - Open Air Burn By-law 19 6.4 PDS-038-24 - Bowmanville Village Plan, 40M-2657 Assumption By-Law 38 6.5 PDS-039-24 - Northglen West Phase 8, Plan 40M-2610 Assumption By- law 43 6.6 PDS-040-24 - Northglen West Phase 4, Plan 40M-2633 Assumption By- Law 48 6.7 FSD-040-24 - Green Development Framework – Update and Program Implementation 53 6.8 CAO-005-24 - Tourism Office - Winter Warming Location 60 7.Items for Separate Discussion 7.1 Correspondence from Nancy and Hugh Towie, Regarding Clarington Polar Bear Swim - January 1, 2025 67 General Government Committee Agenda October 7, 2024 Page 2 8.Unfinished Business 9.New Business 9.1 Garbage Receptacles - Councillor Rang 68 9.2 Budget Meetings - Mayor Foster 69 10.Confidential Items 11.Adjournment General Government Committee Agenda October 7, 2024 Page 3 From:Turcotte, Lindsey To:Turcotte, Lindsey Subject:FW: New Delegation Request from Wildeboer Date:Wednesday, August 28, 2024 2:24:46 PM Attachments:~WRD0000.jpg From: no-reply@clarington.net <no-reply@clarington.net> Sent: Tuesday, August 13, 2024 2:31 PM To: ClerksExternalEmail <clerks@clarington.net> Subject: New Delegation Request from Wildeboer EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Appreciation for grant Action requested of Council thank you Date of meeting 9/9/2024 Summarize your delegation Brunchkins volunteers want to appreciate Council for the community funding grant 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. Vanessa Will you be attending this meeting in person or online? In person First name: John Single/Last name Wildeboer Page 4 How to pronounce your name: John Will deboer Firm/Organization (if applicable) Brunchkins Job title (if applicable) Co-Director Address Town/Hamlet Bowmanville Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? No 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 to the meeting date. Yes I acknowledge that the Procedural By-law Permits seven minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 5 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Sweny Date:Monday, September 16, 2024 10:30:45 AM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Rural outdoor fire burning Action requested of Council Reduce acreage from ten to one Date of meeting 10/7/2024 Summarize your delegation The importance of outdoor burning in rural areas. 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. Granville Anderson Will you be attending this meeting in person or online? In person First name: Brian Single/Last name Sweny How to pronounce your name: Sweeny Address Page 6 Town/Hamlet Mitchell’s Corners Postal code Email address: Phone number Alternate phone number Do you plan to submit correspondence related to this matter? No 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 seven minutes for delegations. Yes [This is an automated email notification -- please do not respond] Page 7 Staff Report ,If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: PUB-013-24 Authored by: Mariano Perini, Director of Public Works Submitted By: Lee-Ann Reck, Deputy CAO, Public Services Reviewed By: Rob Maciver, Deputy CAO/Solicitor By-law Number: Resolution Number: File Number: Report Subject: Scugog Street Outfall Recommendations: 1. That Report PUB-013-24, and any related delegations or communication items, be received; 2. That Council approve an expenditure of up to $1,000,000 to complete the required repair to the Scugog Street storm sewer outfall and the funds for this project come from the Municipality’s annual allocation of the Ontario Community Infrastructure Fund (OCIF) grant; and 3. That all interested parties listed in Report PUB-013-24, and any delegations be advised of Council’s decision. Page 8 Municipality of Clarington Page 2 Report PUB-013-24 Report Overview This report recommends that council approve the funding needed to repair the Scugog Street storm sewer outfall, which is currently in disrepair and has no current capital funding allocation. 1. Background 1.1 Public Works received a complaint regarding a sink hole next to 30 Scugog Street in Bowmanville. Staff attended the location and completed the surface repair. A subsequent complaint was received that the sink hole had re-appeared and staff began a more in-depth investigation. 1.2 A more thorough investigation revealed that a storm sewer pipe is directly beneath this location, and it has failed. The existing storm sewer is a part of an outfall system that drains a catch basin on Scugog Street as well as a drainage area north of the Canadian Pacific Rail (CPR) at intersection of Wellington Street and Concession Street W. 2. Further Investigation 2.1 The storm outfall is located within a very narrow easement between two adjacent private properties. The current depth and grade of the outfall poses significant challenges due to the proximity of the outfall pipe to the foundation of the house at 30 Scugog Street. 2.2 While reviewing the outfall pipe it was also discovered that the headwall which outlets into Bowmanville Creek is also in very poor condition with significant erosion not only around the structure itself but also the channel which conveys to the creek. This should be repaired while the outfall pipe is replaced but will require more complex permitting with external agencies and conservation authorities. 2.3 The current overall condition of the outfall system is very poor, and delaying the repair until next fiscal year will contribute to the decay of this infrastructure. Should a complete failure occur, damage may extend to adjacent properties resulting in additional costs to the municipality. 2.4 The municipality’s legal services will assist in determining the easement and assessing the potential impacts of privately owned properties. Page 9 Municipality of Clarington Page 3 Report PUB-013-24 3. Financial Considerations 3.1 This project was not included in the 2024 capital budget plan due to the timing of discovery. 3.2 Public Works and the Planning & Infrastructure Department discussed completing the project together in-house. However, due to current workloads and staff shortages, adding this project to the current year was not possible. 3.3 This project will require significant design and permitting processes related to the challenges noted above. An experienced engineering consulting firm is required to complete the design of the repairs, subsequent inspections and contract administration. 3.4 The preliminary estimated cost to complete the project is between $750,000 and $1,000,000. 3.5 Funding for this project will come from the Municipality’s annual allocation of the Ontario Community Infrastructure Fund (OCIF) grant. The Municipality will receive approximately $3.3 million in OCIF funding in 2024. The Municipality also has approximately $2.3 million remaining from past allocations, bringing the total unallocated balance to approximately $5.6 million. Therefore, there is no tax support impact for this project. 3.6 OCIF funding can only be applied to the renewal, rehabilitation, and replacement of core infrastructure assets, such as water infrastructure, wastewater infrastructure (including storm sewer systems), roads, bridges, and culverts. 3.7 It should be noted that OCIF funding is only available to Municipalities with populations under 100,000. As Clarington has now exceeded the population threshold, the Municipality will no longer receive an annual OCIF funding allocation beyond 2024. The Municipality’s remaining OCIF funds will be allocated through the 2025 capital budget. Utilizing these funds for this project will mitigate the risk of having to return OCIF funds that are unspent. 4. Strategic Plan 4.1 This project relates to the Lead pillar under Clarington’s strategic plan, in particular section L.2.5: Maintain, protect and invest in Municipal infrastructure and assets. This type of repair demonstrates the importance of an enhanced asset management plan and condition-based assessments to help develop a funding strategy for aging assets. Page 10 Municipality of Clarington Page 4 Report PUB-013-24 5. Climate Change 5.1 Climate impacts and increased storm and rainfall through the summer months necessitate a thorough examination and consideration of increasing the size of the outfall. Such adjustments are crucial to accommodate the rising water volumes and to mitigate potential flooding risks, ensuring the infrastructure's resilience and longevity 6. Concurrence This report has been reviewed by the Deputy CAO / Treasurer who concurs with the recommendations. 7. Conclusion It is respectfully recommended that council consider and approve the request of the required funds to repair the Scugog Street outfall system. Staff Contact: Brett Novak, Manger of Operations, 905-623-3379 extension 2909 or bnovak@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision. Page 11 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: PUB-014-24 Authored by: George Acorn, Director Community Services Submitted By: Lee-Ann Reck, Deputy CAO, Public Services Reviewed By: Rob Maciver, Deputy CAO/Solicitor Resolution Number: By-law Number: File Number: Report Subject: Hall Board Sustainability Project – Update Recommendations: 1. That Report PUB-014-24, and any related delegations or communication items, be received; 2. That Council rescind Resolution GG-460-20 which authorized the extension of the head-lease agreement with the Kendal Community Centre and sub-lease agreements with Kendal Lions Club and Kendal Postal Outlet until December 31, 2025, and the CAO be authorized to terminate the leases; 3. That Council authorize the CAO to execute Municipal Capital Facility Agreements (MCFA), in a form acceptable to the Deputy CAO/Solicitor, once confirmation has been received of registered Not-For Profit status of the entity for the operation of the following:Hampton Community Hall a. Brownsdale Community Centre b. Memorial Park Clubhouse c. Newtonville Town Hall d. Kendal Community Centre e. Orono Town Hall 4. That the Kendal Community Centre MCFA include provisions to permit the party to enter into sub-lease agreements with Kendal Lions Club and Kendal Postal Outlet; 5. That all subsequent agreement extensions be executed by the CAO, in accordance with the Delegation of Authority By-Law; Page 12 Municipality of Clarington Page 2 Report PUB-014-24 6. That Council authorize staff to work with Haydon Community Association to develop a community partnership engagement framework; 7. That staff assess the operation of the Haydon Community Hall and manage operating costs within the 2025 Community Services operating budget, and those ongoing costs be included in the 2026 operating budget update; and 8. That all interested parties listed in Report PUB-014-24, and any delegations be advised of Council’s decision. Page 13 Municipality of Clarington Page 3 Report PUB-014-24 Report Overview This report is seeking Council approval to enter into Municipal Capital Facility Agreements with six local community hall boards upon their incorporation as not-for-profit organizations. The report will also provide some background and context as well as highlight the work necessary to get to this point. Through the execution of these agreements, the roles and responsibilities of both parties will clearly be articulated. Within the parameters of the agreements, the boards will retain independence in the management and operation of the community halls, with the Municipality remaining responsible for keeping the building and equipment infrastructure in a state of good repair. Since the topic of long-term sustainability for the local volunteer hall boards arose during the pandemic, the goal was to work with each group and develop a work plan toward incorporation. Through the dedication of the volunteers and their collaboration with staff through formal operating agreements, these essential community hubs will remain the site for programs, activities, and events in the future. 1. Background 1.1 At the December 14-15, 2020, Council meeting, arising out of Report FND-052-20, Council approved the Resolution #GG-460-20. This approval provided for the extension of head-lease agreement with the Kendal Community Centre and sub-lease agreements with Kendal Lions Club and Kendal Postal Outlet. All agreements were scheduled to expire on December 31, 2025. 1.2 At the October 25, 2021, Joint committee meeting, Report FSD-049-21 was presented. The report provided a roadmap for continued sustainability for local community hall boards recognizing that each board is in a different position and may have unique needs to address. The four-step roadmap provides clarity in direction, treatment, and funding for the boards and is meant as a guide to the relationship between the Municipality and the community partners that work with the facilities. 1.3 At the June 19, 2023, General Government Committee meeting, staff received approval to work with all Non-Consolidated Community Hall Boards, to develop work plans for their incorporation as not-for-profits, which would facilitate entering into formal Municipal Capital Facility Agreements with the Municipality. Page 14 Municipality of Clarington Page 4 Report PUB-014-24 1.4 Since that time, Community Services staff worked collectively with each of the non- consolidated hall boards to better inform all parties on the benefits of incorporation and the requirements of maintaining status as not-for-profit organizations. This was achieved through information sessions with experts, and consultation with each board individually and collectively. While this process did take more time than expected, it did result in receiving agreement from six of the boards to pursue incorporation. 1.5 Throughout this process, the commitment of these hall board volunteers was evident and the value they bring to their communities significant. While we are formalizing the operating arrangements between the groups and the municipality, we are committed to support the services these groups provide their communities. 1.6 The Municipal Capital Facility Agreement, specifically for the Kendal Community Centre will have provision for party to enter into new lease agreements with the Kendal Lions Club and the operator of the Kendal Postal Outlet. 2. Municipal Capital Facility Lease Agreements 2.1 For context, Council had directed staff to work with the seven local community halls, which do not currently function as Municipal Service Boards or operate under a Municipal Capital Facility Agreement (MCFA). The aim of this work was to support their incorporation as not-for-profit corporations, formalize operating parameters and responsibilities of both parties, and effectively manage liability and risk, while allowing each board to continue to operate independently and service the residents of their communities. The agreements will document the parameters for ongoing municipal funding support. 2.2 Provincial regulations outline which properties may be eligible for a Municipal Capital Facility Agreement. Under section 2 of the regulations, municipal community centres are an eligible facility as are municipal facilities used for cultural, recreation or tourist purposes. The hall boards and arena boards could be considered community centres, as well as recreation centres and are therefore eligible for this type of agreement. 2.3 The Municipality may enter into an agreement with an individual or an organization to provide the services that would be offered by Clarington, in these facilities. There would be no requirement for Council representation and the boards of directors of these organizations are independent of the Municipality. The Municipality has similar agreements in place including the Bowmanville Older Adult Association for the Clarington Beech Centre. Page 15 Municipality of Clarington Page 5 Report PUB-014-24 2.4 Following ratification of this report, MCFAs will be negotiated with boards and execution of the agreements will be scheduled to ensure a smooth transition from their current operating models. Given there are existing lease and sub-lease agreements for the Kendal Community Centre, provisions in their agreement will permit them to sub-lease space in the building to the Kendal Lions Club and Kendal Postal Outlet. 2.5 To address the need to better serve our rural communities, the Municipality will be negotiating improved access to these community halls for municipal purposes including municipal elections, PICs, municipal events, and recreation/leisure programs. The details and associated costs are still to be considered. 3. Haydon Community Hall 3.1 In recent months staff were advised the Haydon Board has voted not to pursue not-for- profit incorporation. This decision came after hearing from experts in this field and assessing what future commitments would be required from their Board. While this is unfortunate, staff remain committed to work with the group and develop a plan to continue to provide community events that are best held by members of the community. 3.2 The long-term goal would be for staff to develop a community partnership framework that would not only be helpful in Haydon but could also be expanded to other communities. Through a partnership model, the Municipality could effectively support the valuable work accomplished by various volunteer groups in Clarington. 3.3 Following the decision of the Board, staff have been working with them on a transition plan for assumption of the hall operation by the Municipality. At this time, it is expected this will be effective November 1. This date accommodates previously scheduled community events including a popular Halloween event. As mentioned, staff will work with the group to sustain such popular community events in the future. 3.4 While plans for re-purposing the Haydon Community Hall have not been finalized, the Municipality is applying for the Seniors Active Living Center (SALC) Program funding. This program expansion into rural locations in Clarington will help older adults to stay active and fit by making these programs accessible in rural communities. If successful, this location could be a hub for rural older adult activities. 4. Financial Considerations 4.1 In 2024, the Municipality provided a one-time grant of $5,000 to each community hall to assist with costs of incorporating as not-for profits. The funds were provided from unallocated community funding in the approved 2024 budget. The ongoing costs to maintain not-for-profit incorporation will be the responsibility of the community hall board. Page 16 Municipality of Clarington Page 6 Report PUB-014-24 4.2 Three-year funding requests have previously been received and were approved in the 2024-2027 operating budget. The detail of the approved funding is listed in the table below. 2025 2026 2027 Hampton Community Hall $5,000 $5,000 $5,000 Brownsdale Community Centre 0 0 0 Memorial Park Clubhouse 0 0 0 Newtonville Town Hall 5,000 5,000 5,000 Kendal Community Centre 5,000 5,000 5,000 Orono Town Hall 5,000 4,800 4,800 Total $20,000 $19,800 $19,800 Note: Brownsdale Community Centre and Memorial Park Clubhouse did not submit funding requests for the 2024-2027 budget. 4.3 Council had previously directed staff to assume the cost for winter snow maintenance and grass cutting for all municipally owned buildings and has been included in the 2024- 2027 operating budget. This commitment will also be included in the MCFAs for the six community halls listed prior. 4.4 The Municipality, as the owner of the community halls, will remain responsible for the integrity of the building and mechanical/electrical components. This will be accomplished through the completion of building condition audits and the development of infrastructure renewal plans that will inform future capital budgets and forecasts. As recommended in the recently released draft Parks, Recreation, and Culture Master Plan, maintaining these rural community hubs is a priority. 4.5 Upon incorporation, these community halls will become eligible for new sources of funding including the Ontario Trillium Foundation. Municipal staff will be available to support with these processes. Grants could include funding for operating and capital betterment projects. 5. Strategic Plan The recommendations in this report align with Council’s objective to cultivate a strong, thriving, and connected community by strengthening existing partnerships with local community groups. Page 17 Municipality of Clarington Page 7 Report PUB-014-24 6. Climate Change Not Applicable. 7. Concurrence This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 8. Conclusion It is respectfully recommended that Council approve the recommendations in this report and direct staff to take actions necessary to facilitate the timely execution of Municipal Capital Facility Agreements as indicated. Staff Contact: Stephen Myers, Manager Recreation Services, 905-623-3379 ext. 2503 or smyers@clarington.net. Attachments: Not Applicable Interested Parties: Bowmanville Memorial Park Clubhouse Brownsdale Community Centre Hampton Hall Haydon Community Centre Kendal Community Centre Newtonville Hall Orono Town Hall Page 18 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: PUB-015-24 Authored by: Matt Muirhead, Chief Fire Prevention Officer, Clarington Emergency and Fire Services Submitted By: Lee-Ann Reck, Deputy CAO, Public Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: Report Subject: Open Air Burn Bylaw Recommendations: 1. That Report PUB-015-24, and any related delegations or communication items, be received; 2. That By-law 2012-062, to regulate open-air burning, be repealed; 3. The the By-law attached to Report PUB-015-24, as Attachment 1, be approved; and 4. That all interested parties listed in Report PUB-015-24, and any delegations be advised of Council’s decision. Page 19 Municipality of Clarington Page 2 Report PUB-015-24 Report Overview Following Council’s Resolution #GG-085-24, staff from Clarington Emergency and Fire Services (CEFS) reviewed Clarington’s Existing open air burn bylaw 2012-062, conducted an analysis of best practices and open-air burn by-laws from comparable municipalities. Findings from this review and analysis have been included in this report, along with a recommendation for Council’s consideration to revise the current by-law as follows:  Reduce the minimum size of property to allow open air burning from 10 or more acres to 4 or more acres.  Increase the setback from the fire location to property lines, etc. from 15 meters to 30 meters Various recommendations to repeal and replace By-law 2012-062 have been considered and a preferred option is included for Council’s endorsement. 1. Background 1.1 Council approved the following Resolution #GG-085-24 in May 27, 2024:Whereas other municipalities have developed a mechanism to allow for "recreational campfires in urban areas"; Now therefore be it resolved that Emergency and Fire Services Staff be directed to prepare a report for the Fall of 2024 reviewing Clarington's Open Air Burning By-law; That the report contemplate the inclusion of a framework/regulations to allow residential burning/campfires on properties that meet a defined size and location threshold; and That the review include best practices from other municipalities. 1.2 Clarington’s Open Air Burning By-law 2012-062 was last revised on June 10, 2019. Council adopted the recommendations of Report ESD-004-19 and approved By-law 2019-040, which amended the Open-Air Burning By-law regarding piling material on agricultural land. Page 20 Municipality of Clarington Page 3 Report PUB-015-24 2. Discussion Clarington’s Current Open Air Burn By-law 2012-062 2.1 Clarington’s By-law 2012-062 contains the following: a) Recreational burning (campfires, chimineas, fire pots, etc.) is not permitted. b) Open air burning (burning of brush and other natural items from a person’s property in the open air, not enclosed in a device) is allowed on the condition that the property is a minimum of 10 acres in size, and the property owner obtains a burn permit form CEFS. c) No permit shall be issued for a property that is located within areas designated as “Urban Area” or “Hamlet Residential” in the Clarington Official Plan. d) Burn Permits are permitted for 30-days or 12-months, at a cost of $40.50 per 30- day permit and $81.00 per 12-month permit. 2.2 Burn permits include safety related limitations including, safe setback distances from property lines and structures/combustible materials, pile size, burn times, weather considerations, and methods of extinguishment. Open Air Burn Bylaw from other Municipalities 2.3 Open Air Burn By-laws from comparable municipalities were reviewed with the following findings related to the burning distance requirements (measured in meters) from property lines, structures and combustible materials for recreational, open air and farm agricultural burn permits: Municipality Recreational Open-Air (* = as per site permit conditions) Farm (* = as per site permit conditions) Ajax 50m 50m 50m Alnwick/Haldimand 15m * * Brighton 4.5m 4.5m 46m Brock 6m 15m 50m Cobourg 10m * * Cramahe 15m 20m 50m Kawartha Lakes 15m 15m 50m Oakville 3m * 45m Oshawa Not Approved 15m 45m Pickering Not Approved * 30m Page 21 Municipality of Clarington Page 4 Report PUB-015-24 Municipality Recreational Open-Air (* = as per site permit conditions) Farm (* = as per site permit conditions) Port Hope 7.6m 15m 30m Scugog 5m 15m 30m Uxbridge 15m 15m 45m Whitby 9m (Spa only) * * 2.4 Principal findings from this comparative review include: a) Clarington’s closest comparators (Oshawa, Whitby and Pickering) do not allow recreational burning. Ajax allows recreational burning with a requirement for a 50m setback, which would only be possible on a property that is a minimum of 300 feet wide and 400 feet deep (3-acre lot) with no trees or other combustibles withing the setback area. b) The remaining municipal comparators who do allow recreational burning are smaller and have less dense populations than Clarington. 3. Considerations and Scenarios 3.1 Staff completed a review and analysis of three different scenarios. After research and consideration, staffs’ recommendation is to approve the second scenario. 3.2 Scenario One: Do nothing; keep Clarington’s Open-Air By-law unchanged. a. Advantages of Scenario One: Clarington’s existing by-law 2012-062 is restrictive when compared to most municipal comparators. Whitby, Pickering and Ajax each allow open air burning on properties that are less than 10 acres, if they have the required setbacks or property designation. By Clarington deciding to turn down the consideration of a new Open Air burn By-law there will not be an increase in the number of fires and smoke in the community, keeping the risk of property damage, injuries, and the impact on the environment the same. b. Disadvantages of Scenario One: Clarington’s current by-law 2012-062 may be overly restrictive when compared to other municipalities. By doing nothing, people who own less than 10 acres will continue to not be able to conduct open air burning of brush on their property. Recreational burning will continue to not be allowed. Page 22 Municipality of Clarington Page 5 Report PUB-015-24 3.3 Scenario Two: Revise current open-air burn bylaw 2012-062 to decrease the minimum acreage size required for open air burning from 10 acres to 4 acres, increase the setback distance requirements to lot lines to help mitigate the impact to neighbours from the potential increase in smoke. a. Advantages of Scenario Two: Reducing the minimum lot size from 10 acres to 4 acres to be eligible to conduct open air burning allows more property owners to burn brush from their own property. Increasing the property set back from 15 meters to 30 meters from the fire location to buildings, structures, property lines, fences, trees, overhead wires, etc., may lessen the neighbourhood impact from the increase in fires due to the acreage decrease. This scenario would see a potential increase in the number of properties eligible to burn by 416 properties. Open air burning will not be permitted in urban and hamlet areas. b. Disadvantages of Scenario Two: Lowering the open-air burning acreage size requirements from 10 acres to 4 acres will likely result in an increase in the number of open-air fires, which would increase smoke & odor in the community, negatively impact the environment, potentially increasing community fire risk, and increasing the impact to community well-being and enjoyment from smoke. It may increase the number of nuisance complaints received by CEFS Fire Prevention staff, increasing workload. 3.4 Scenario Three: Implement changes from Scenario Two, plus allow recreational burning. a. Advantages of Scenario Three: Introducing recreational burning will provide residents with the opportunity to enjoy a recreational fire for personal enjoyment Allowing recreational burning would require a determination of minimum property sizes, burning distance setbacks, and the identification of approved devices to safely contain a small fire. The following items would have to be considered. Page 23 Municipality of Clarington Page 6 Report PUB-015-24 Recreational Burning Property Size: Setbacks – Introduction of a new recreational burn set back of 23 meters (75 feet) from the fire to property lines, etc. is the minimum distance that may help to minimize any neighbourhood smoke & odor complaints. This setback distance requires that the property lot is at least 46meters (150 feet) wide and approximately 61 meters (200 feet) deep. Please see image below to show visually see set back requirements: Requirements of Recreational Devices: To help minimize community risk, residential properties eligible to conduct recreational burning would be required to have a manufactured non-combustible enclosed device, no larger than 1mx1mx1m, designed solely for containing a small recreational fire. Equipped with a removable spark screen where the fuel is loaded, and where a non- removable spark screens on any other openings including chimneys, etc. are required. Examples of recreational fire devices that would be approved for use shown in the pictures below. Page 24 Municipality of Clarington Page 7 Report PUB-015-24 b. Disadvantages of Scenario Three: There are 1,754 residential properties in Clarington large enough to meet this 46-meter property width. Having this many additional properties being allowed to burn would increase the number of eligible properties from 1,916 under the existing open air burn by-law to 3,670, for an increase of 91.5%. With an increase of this size, it would likely result in an increase of nuisance complaints from neighbours with the presence of smoke and odor throughout the community raising. In 2023, CEFS received 114 calls for illegal/nuisance burning. It would not be unreasonable to expect this number to increase significantly under option 3, thereby impacting the following groups in CEFS: I. Suppression: Division A fire truck and fire crew will respond to a reported fire at a property and will assess the complaint for illegal/nuisance burning. II. Fire Prevention Division: A Fire Prevention Inspector may conduct an inspection related to illegal/nuisance burning complaints and may lay charges. Page 25 Municipality of Clarington Page 8 Report PUB-015-24 III. Business Services Division: Business Services staff will identify repeat offenders where emergency vehicles have responded to any second incidents at the same location for an unapproved burning complaint in a 12-month period and will prepare billing invoices. Business Services and Fire Prevention staff are required to process and issue each burning permit application. 4. Recommendation 4.1 CEFS is recommending Scenario #2- Revise current open-air burn by-law 2012-062 to decrease the acreage size of those properties allowed to conduct open air burning from 10 acres to 4 acres and increase setback distances. 4.2 While reviewing existing open-air burn By-law 2012-062, attention was focused on how to increase the number of properties that could safely engage in open air burning, while also being mindful of community safety/enjoyment and environmental impacts. Reducing the lot size from 10 acres to 4 acres, while doubling the property setbacks from 15 to 30 meters strikes a balance between both competing interests. 4.3 Current open-air burn By-law 2012-062 indicates that only properties that are a minimum of 10 acres in size are permitted to conduct open air burning. 4.4 In 2024, of the 1,916 properties who have a property large enough to conduct open air burning, 300 of them applied for permits, or approximately 16 percent. If an average of 16 percent of the 416 addition properties being considered in this scenario apply for a burn permit there will be an increase of approximately 67 permits annually. 4.5 Recommended Open Air Burning Change Summary: 4.6 Allowing open air burning on residential or agricultural properties that have a minimum lot size of 4 acres and zoned rural under the Clarington Official Plan. 4.7 Setbacks must be at least 30 meters from the fire location to buildings, structures, property lines, fences, trees or overhead wires, combustible materials, etc. 5. Financial Considerations It is anticipated that there will be an increase of 67 open air burn permits as outlined in section 4.4. At $81 per permit, this would result in an annual revenue increase of $5,427. Page 26 Municipality of Clarington Page 9 Report PUB-015-24 6. Strategic Plan Not applicable. 7. Climate Change 7.1 An open-air burn policy can have environmental consequences. While these activities may seem small-scale, they still release pollutants like carbon dioxide, particulate matter, and volatile organic compounds into the air, contributing to poor air quality and climate change. The use of chemically treated wood or improper materials in fire pits can further exacerbate pollution and release toxic chemicals, posing health risks to humans and wildlife. Additionally, the cumulative effect of many recreational fires in populated areas can increase health risks, particularly for people with respiratory conditions. 7.2 Considering the environmental impact resulting from the burning of treated wood, or improper materials, the recommendation contained in this report is limited to the burning of brush and other natural items from the property applying for the burn permit. 8. Concurrence Not applicable. 9. Conclusion It is respectfully recommended that Council endorse the recommendation in this report. Staff Contact: Matt Muirhead, Chief Fire Prevention Officer, 905-260-0773, x2801 or mmuirhead@clarington.net. Attachments: Attachment 1 - 2024-xxxx Open Air Burn By-law Interested Parties: The following interested parties will be notified of Council's decision: Brain Sweny, Resident of the Municipality of Clarington Page 27 Attachment 1 to Report PUB-015-24 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN Being a By-law to regulate open-air burning. Whereas section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 authorizes the council of a municipality to pass by-law regulating the setting of open-air fires, including establishing the times during which open air fires may be set; And whereas, part 2 of the Ontario Fire Code, O.Reg. 213/07, subsection 2.4.4.4 (1) provides that open air burning shall not be permitted unless approved, or unless such burning consists of a small, confined fire, supervised at all times, used to cook food on a grill, spit, or barbecue, and commensurate with the type and quantity of food being cooked; And whereas, the municipal Act, 2001, S.O 2001, c 25, Section 11 (2), provides that a council of a lower-tier and upper-tier may pass by-laws with respect to the economic, social and environmental well-being of the municipality, including respecting climate change, and the health, safety and well-being of persons; And whereas, the municipality Act, 2001, S.O 2001 c. 25, Section 391 (1) provides that a municipality may pass by-laws imposing fees or charges on Persons for services or activities provided or done by or on behalf of it, including permit fee; Now therefore, the Council of The Corporation of the Municipality of Clarington enacts as follows: Page 28 Open Air Burning By-law Page 1 of 10 PART 1 – INTERPRETATION 1. Definitions 1.1. For the purpose of this By-law, (a) “Agricultural Burn” means a burn permit for agricultural properties that fall within the normal farm practices as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1. (b) “Barbeque” means an appliance that is designed and approved by a recognized testing agency and intended solely for cooking food by a small, confined fire. Barbeques must be used in accordance with the manufacturer’s instructions, but it does not include devices predominantly designed for personal warmth, or recreational fires. (c) “Burn Ban” means no person shall set a fire within the Municipality of Clarington while the burn ban is imposed by the Fire Chief. (d) “Cost recovery” means where section 8 of this By-law is invoked, all costs associated with the work may be added to the tax roll of the property to which the offense occurred and shall be collected in the same manner as municipal taxes pursuant to the municipal Act 2001, c. 25, s. 398 (2). (e) “Fire Chief” means the Fire Chief of the Municipality or a designate. (f) “Flying Lantern” means a small hot air balloon or other device designed to carry an open flame as an airborne light, also known as a Sky Lantern, Chinese Lantern, Kongming Lantern, Wish Lantern, or other similar devices which are devices containing a fuel source, which is usually a petroleum or wax based fuel that when lit causes the lantern to rise. (g) “Municipality” means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires. Page 29 (h) “Nuisance” means smoke or flames, odour, airborne sparks or embers that inhibits neighbours’ ability to enjoy their properties or conduct business without disruption. (i) “open-air burn” means the burning of any materials outside of a building, including without limiting the generality of the foregoing, brush or tree limbs, agriculture waste, where the flame is not wholly contained and is, thereby, open to the air. (j) “Outdoor fireplace” means a manufactured non-combustible enclosed device with both, spark screen and non-removable spark screen on vents and chimneys, intended solely for containing a small recreational fire that is no larger than 1m x 1m x1m high. (k) “Recognized testing agency” means Underwriters Laboratories of Canada, Canada Standards Association, Warnock Hersey or similar agencies that test, approve and certify products for use. (l) “Recreational burn” means a fire that is set and maintained solely for the purpose of providing warmth or recreational enjoyment which is contained to an outdoor fireplace. (m) “refuse” means many articles, thing, matter or any effluent belonging to or associated with a house or household, any industry, trade or business and without limiting the foregoing, may include: i. Accumulation of remains, rubbish or trash. ii. Litter, including paper, cartons, newspapers, flyers, cardboard, and/or packing. iii. Machinery and machinery equipment and/or parts, including but not limited to vehicular parts and or accessories, tires, furnace and/or furnace parts, pipes and/or pipe fittings, water tanks, fuel tanks, and/or septic tanks, tubing, conduit, cable. (n) “Small, confined fire” means a barbeque appliance that has been approved by a recognized testing agency for solely cooking food. Page 30 (o) “Self-contained residential dwelling unit” means a suite operated as a housekeeping unit, used or intended to be used by one or more persons that contains cooking, eating, living, sleeping and sanitary facilities (p) “Spark screen” means a manufactured non-removable metal screen guard, that keeps the sparks and embers contained within the outdoor fireplace. (q) “owner” means the person identified in the most recent tax roll as the owner of a property. (r) “Permit” means a approved document issued to an owner in accordance with this by-law. (s) “Person” includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives. (t) “Urban areas or Hamlet residential properties” are properties as designated in the Clarington Official Plan. 2. References 2.1. In this by-law, reference to any Act is reference to that Act as it is amended or re- enacted from time to time. 2.2. Unless otherwise specified, references in this by-law to sections are references to sections in this by-law. 3. Word Usage 3.1. This by-law shall be read with all changes in gender or number as the context may require. 3.2. A grammatical variation of a word or expression defined has a corresponding meaning. Page 31 4. Application 4.1. This by-law applies to all land within the Municipality unless otherwise specified. PART 2- GENERAL CONDITIONS FOR ALL BURN PERMITS 5. General 5.1. No persons shall set an open-air burn or agricultural burn in the Municipality of Clarington without an approved burn permit. Open-air burning is permitted for residential & agricultural properties that have 4 acres or more. 5.2. Recreational burns are not permitted in the Municipality of Clarington and no burn permits shall be issued for them. 5.3. Open Air burns are not permitted in “Urban areas or Hamlet residential properties”. 5.4. Burn permits will be issued to the owner of the property. Occupants of the property can apply for a permit but must obtain written consent from the owner of the property. Multi-residential properties containing 3 or more self-contained residential dwelling units are not permitted to burn unless approved by the Fire Chief or assigned designates. 5.5. The holder of a burn permit shall at all times, have a competent adult (18 years or older), remain at the burn site for the purpose of tending, controlling and supervising the fire. 5.6. Every person responsible for tending, controlling and supervising the burn shall ensure that the fire is completely extinguished before leaving the burn site. 5.7. No burning shall be maintained when weather conditions can cause any or all of the following: a) A decrease in visibility on any highway or roadway; b) A rapid spread of fire through grass or brush area; c) A public nuisance by creating negative health effects or interference on neighbouring residents. 5.8. No person shall burn during a Fire Ban or when a smog alert has been declared by the Ministry of Environment for Ontario Page 32 5.9. No person shall burn materials other than, commercially produced charcoal, briquettes, brush or tree limbs or agricultural waste. 5.10. No person shall ignite or release any ignited flying lanterns 5.11. No burn permits are permitted on urban commercial properties, industrial properties, salvage yards or construction sites, unless approved by the Fire Chief or assigned designates. 5.12. The holder of the burn permit shall have an effective extinguishing agent or device of sufficient size and the capability of extinguishing the fire, at the burn site and readily available for use at all times. 5.13. If Clarington Emergency and Fire Services is of the opinion that the continued burning of the recreational burn, open-air burn or agricultural burn is a hazard, Clarington Emergency and Fire Services may direct the fire to be extinguished immediately. 5.14. The Clarington Emergency and Fire Services shall be exempt from the provision of this By-law with respect to open-air burning for educational and training purposes. 5.15. Any person who contravenes any provision of this By-law is guilty of an offense and upon conviction is liable to a fine as set out in section 8. 5.16. The Fire Chief or appointed designate may approve or refuse any permit application and may impose any additional conditions to reduce the risk of fire spreading. 5.17. The Fire Chief or appointed designate may revoke a permit if any or all the following applies: a) The permit was issued in error, b) Any conditions in the By-law are not being compiled with, c) The permit information was false, incorrect or misleading, 5.18. If a burning permit is revoked due to section (a) (b) (c), the application fee shall not be returned. Page 33 5.19. No permit is required for burning in a barbeque that has been approved by a recognized testing agencies for cooking food, if they are used safely and in accordance with the manufacturing instructions. 5.20. No permit is required for commercially designed heating devices that have been approved by recognized testing agencies that are fueled by natural or propane gas and used safely in accordance with the manufacturing instructions. PART 3 - PERMITS 6. Permit Applications 6.1. Any person wishing to set an open-air burn or agricultural burn shall submit a burn permit application for thirty (30) day or twelve (12) months to Clarington Emergency and Fire Services for review and approval. 6.2. Open-air burning conditions – The holder of the open-air burn permit shall, in addition to complying with Part 2 of this By-law, comply with the following: a) Shall burn at ground level b) Burn must be contained within a base/pit with a pile no larger than 1m x 1m x 1m (3.3ft x 3.3ft x 3.3ft). c) All materials to be burned is, brush or tree limbs from the property d) Burn shall be at least 30m (100ft) from property lines, fences, street/road/highway, overhead wires, structures, trees and bush/hedges or other combustible materials. e) Burning shall be conducted between 10am-8pm. f) No person shall burn any refuse, grass clippings or leaves. g) Properties where the burn is occurring must be a minimum of 4 acres in size. 6.3. Agriculture burn permit Conditions – The holder of the agricultural burn permit shall, in addition to complying with Part 2 of this By-law, comply with the following: a) Shall burn at ground level, Page 34 b) Burn must be contained within a base/pit no larger than 3m x 3m x 3m (9.8ft x 9.8ft x 9.8ft). c) All materials to be burned are agricultural waste from normal farm practice as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1. d) Burn shall be at least 30 m (100ft) from property lines, fences, street/road/highway, overhead wires, structures, trees and bush/hedges, or other combustible materials. e) Burning shall be conducted between 10am-8pm f) No person shall burn any refuse, grass clippings or leaves. g) Properties where the burn is occurring must be a minimum of 4 acres. PART 4 - ENFORCEMENT 7. Inspections 7.1. In this section, “Officer” means any employee, officer or agent of the Municipality of Clarington whose duties include the enforcement of this by-law. 7.2. An Officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this By-law have been complied with. 7.3. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an Officer. 8. Offences and Penalties 8.1. Any person who contravenes any provision of this by-law is guilty of an offense and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offenses Act, R.S.O. 1990, c. P.33. 8.2. Any person who contravenes the provisions of the By-law is guilty of an offense and upon conviction shall be liable to the penalties imposed pursuant to the Fire Protection and Prevention Act, 1997, S.O. 1997, c 4, as amended for each offense, exclusive of costs. 8.3. Any person who sets an , open-air burn or agricultural burn in the Municipality of Clarington, assumes full responsibility for fire control and may be liable for cost Page 35 recovery incurred by Clarington Emergency and Fire Services and or mutual aid partnering Fire Departments, including but not limited to; costs of the personnel and equipment as authorized and set out in the Municipality of Clarington fee schedule By-law in effect at the time of the incident and authorized by the Fire Chief or assigned designates. PART 5 - GENERAL 9. Validity 9.1. In the event any court of competent jurisdiction declares any section or provision of this By-law to be invalid, or be of no force and effect for any cause, such section or provision thereof shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand to be enforceable to the same extent as if the offending section or provision thereof had not been included herein. 10. Short Title 10.1. The short title of this by-law shall be the “Open Air Burning By-law”. 11. Repeal 11.1. That By-law No. 2012-062 be repealed. Page 36 12. Effective Date 12.1. This by-law shall be effective on the date that it is passed. Passed in Open Council this XX day of MMMM, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-XXX dated XXXX XX, 2024. Page 37 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: PDS-038-24 Authored by: Karen Richardson Submitted By: Carlos Salazar, Deputy CAO, Planning and Development Services Reviewed By: Rob Maciver, Deputy CAO/Solicitor By-law Number: Resolution Number: File Number: S-C 2014-0002 Report Subject: Bowmanville Village Plan 40M-2657 Assumption By-Law Recommendation: 1. That Report PDS-038-24, and any related delegations or communication items, be received; 2. That the Deputy CAO of Planning and Infrastructure Services be authorized to issue a ‘Certificate of Acceptance’ for the Surface Works, which includes final stage roads and other related works constructed within Plan 40M-2657; 3. That the draft By-law (Attachment 2) to Report PDS-038-24, be approved; and 4. That all interested parties listed in Report PDS-038-24 and any delegations be advised of Council’s decision Page 38 Municipality of Clarington Page 2 Report PDS-038-24 Report Overview This report concerns Bowmanville Village. It requests Council’s permission to approve a by- law to assume certain streets within Plan 40M-2657 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered on April 29, 2019, with Bowmanville Village Inc. to develop lands by plan of subdivision, located in Darlington and described as Plan 40M-2657 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, street trees, a storm drainage system, a storm drainage facility, and streetlights. These works were completed and accepted by the Deputy CAO of Planning and Infrastructure Services through provisions in the Subdivision Agreement. The Subdivision Agreement provides for: 1.2 Base Works These works were issued a ‘Certificate of Completion’ and a subsequent ‘Certificate of Acceptance’ by the Deputy CAO of Planning and Infrastructure Services. 1.3 Street Lighting System These works were issued a “Certificate of Completion” and subsequent ‘Certificate of Acceptance by the Deputy CAO of Planning and Infrastructure Services. 1.4 Storm Water Management System Not Applicable 1.5 Surface Works These works, which include all surface works such as curb and gutter, sidewalk, hot mix paving, boulevard works, were issued a ‘Certificate of Completion’ dated September 1st, 2023. This initiated a one (1) year maintenance period, which expired on September 1st, 2024. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Page 39 Municipality of Clarington Page 3 Report PDS-038-24 2. Proposal 2.1 A by-law is required to permit the Municipality to assume certain streets within Plan 40M-2657 as public highways. The proposed by-law may be found as Attachment 2 to this report. 3. Financial Considerations 3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure assets. Once the assets are assumed by the Municipality, the repair, maintenance, and replacement are the responsibility of the Municipality of Clarington. 3.2 The operational costs including winter control will be included in the Municipality’s operating budgets. 4. Strategic Plan 4.1 The recommendation of this report aligns with Clarington’s Strategic Plan to Grow Responsibly: to promote responsible and balanced growth. 5. Climate Change 5.1 Not Applicable. 6. Concurrence 6.1 Not Applicable. 7. Conclusion 7.1 It is respectfully recommended that the Council pass the by-law found as Attachment 2 to this report. Following its passage, the Municipal Solicitor will register it in the Land Registry Office. Staff Contact: Karen Richardson, Manager, Development Engineering 905-623-3379 ext. 2327 or krichardson@clarington.net. Attachments: Attachment 1 – Key Map Attachment 2.- By-Law Interested Parties: The following interested parties will be notified of Council's decision: Richard Tang, Bowmanville Village Inc. Page 40 Green RoadMcbride A v enue Baseline Road Buttonshaw StreetMcPhail Avenue Maple Grove RoadWoolacott LaneRemmington S treet Kimble A v e n u e PADFIE LD DRWELDRICK CROXLEY STRUSTWOOD STREETHIGGONCTIVORYSTREETRUSTWOODBONATHON C R DRCRBONATHON CRBO S W E L LSHADY LANEBOTTRELL BUXTON CRFRYBLCLARINGTONCR AB E R N E T H Y BRODIE CT WESTLANEILLEDERVNLACR MEADOWS VAILBONNYCASTLE DRDRASTLECBONNY DRIVE ESTONWAYRP CTDLERCAN AV HARTWELL EN CTRAY GLDRIVE SPRINGS ASPEN MARTINCTWALBRIDGE SQUIRES GATE DRIVE PENFOUND CHANTELSTREET ROSER CR CRROSER AV ROSALYNNE CR DOREEN RHONDA BVLANE TREWINBVWRENNCRMcCRIMMON STREET KING CHAPELCOLEMAN ROENIGK STRIKE A V WAVERLEYQUINN BASELINE ROAD GREEN ROADSPICER MARTIN ROADSQUARE ROADRHONDA BVALONNA CTROADPRINCEWILLIAMBOULEVARDSIDE DRIVEWEST SID DRMILLBURN DRBANNISTERST McBRIDE AVENUE CR ST ST DODDS SQBUTTONSHAW STGREENROADPADFI E L D D R I V EHAMMONDCTST COLLIERLA REGIONAL HIGHWAY 2 PETHICKSTREETBOSWELL DR BAGNELL REMMINGTON STREET McPHAIL AV KIMBLE AVLANELANE STREETMILLBURN DRWOOLACOTTSHACKELTONBowmanvilleAvenueKing Street Drawn By: Date: File Name: A.T. September 20, 2024 REPORT PDS-038-24 ATTACHMENT No. 1 40M-2657.aprx . BOWMANVILLE VILLAGE SUBDIVISION PLAN 40M-2657 KEY MAP BOWMANVILLE Page 41 Attachment 2 to Report PDS-038-24 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2024-XXX Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That the blocks shown on Plan 40M-2657, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highway: Blocks 96, 97, 98, 99. 2. That the streets and blocks shown on Plan 40M-2657, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said corporation for public use: Blocks 96, 97, 98, 99. Woolacott Lane, Mcphail Avenue. Passed in open Council this XX day of October, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 42 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: PDS-039-24 Authored by: Karen Richardson, Manager Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Reviewed By: Rob Maciver, Deputy CAO/Solicitor By-law Number: Resolution Number: File Number: 40M-2610 Report Subject: Northglen West Phase 8, Plan 40M-2610 Assumption By-law Recommendations: 1. That Report PDS-039-24, and any related delegations or communication items, be received; 2. That the Deputy CAO of Planning and Infrastructure Services be authorized to issue a ‘Certificate of Acceptance’ for the Surface Works, which includes final stage roads and other related works constructed within Plan 40M-2610; 3. That the draft By-law (Attachment 2) to Report PDS-039-24, be approved; and 4. That all interested parties listed in Report PDS-039-24 and any delegations be advised of Council’s decision. Page 43 Municipality of Clarington Page 2 Report PDS-039-24 Report Overview This report concerns Northglen West Phase 8. It requests Council’s permission to approve a by-law to assume certain streets within Plan 40M-2610 and Plan 40M-2579 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered on August 12, 2017, with 2084165 Ontario Limited. to develop lands by plan of subdivision, located in Darlington and described as Plan 40M-2610 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, street trees, a storm drainage system, a storm drainage facility, and streetlights. These works were completed and accepted by the Deputy CAO of Planning and Infrastructure Services through provisions in the Subdivision Agreement. The Subdivision Agreement provides for: 1.2 Base Works These works were issued a ‘Certificate of Completion’ and a subsequent ‘Certificate of Acceptance’ by the Deputy CAO of Planning and Infrastructure Services. 1.3 Street Lighting System ‘Certificate of Completion’ dated March 1st, 2023. This initiated a one (1) year maintenance period, which expires on March 1st, 2025. The works will be re-inspected at that time, to address any deficiencies to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. 1.4 Storm Water Management System Not Applicable 1.5 Surface Works These works, which include all surface works such as curb and gutter, sidewalk, hot mix paving, and boulevard works, were issued a ‘Certificate of Completion’ dated March 1st, 2023. This initiated a one (1) year maintenance period, which expired on March 1st, 2024. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Deputy CAO of Planning and Infrastructure Services Page 44 Municipality of Clarington Page 3 Report PDS-039-24 2. Proposal 2.1 A by-law is required to permit the Municipality to assume certain streets within Plan 40M-2610 and Plan 40M-2579 as public highways. The proposed by-law may be found as Attachment 2 to this report. 3. Financial Considerations 3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure assets. Once the assets are assumed by the Municipality, the repair, maintenance, and replacement are the responsibility of the Municipality of Clarington. 3.2 The operational costs including winter control will be included in the Municipality’s operating budgets. 4. Strategic Plan 4.1 The recommendation of this report aligns with Clarington’s Strategic Plan to Grow Responsibly: to promote responsible and balanced growth. 5. Climate Change 5.1 Not Applicable. 6. Concurrence 6.1 Not Applicable. 7. Conclusion 7.1 It is recommended that the Council pass the by-law found as Attachment 2 to this report. Following its passage, the Municipal Solicitor will register it in the Land Registry Office. Staff Contact: Karen Richardson, Manager, Development Engineering 905-623-3379 ext. 2327 or krichardson@clarington.net. Attachments: Attachment 1 – Key Map Attachment 2 – By-Law The following interested parties will be notified of Council's decision: Hannu Halminen – 2084165 Ontario Limited Page 45 Kenneth Cole DriveJerom eWayNorthglen Boulevard Bruce C a m e r o n D r i ve Henry S m i th A v e n u e William Fair D rive HighamPlaceCrombie StreetFred J ackman AvenueAlbertChristie StreetArthurMcLaughlin StreetMiddle RoadRay R i c h ards Street Moses Cr escent40M-2610 N O R T H S C U G O G C O U R T CONCESSION ROAD 3NASH ROA D MIDDLE ROADJACKREB E C C A C T AEL P A M AVIGARY CTCTSYDEL CHILDSLUNNEYCRHOCKLEY AV NICKS STDAVIESBAKER CTJENNINGSMcCORKELL STWEST SCUGOG LAGOODALLCRPIPERCRKEELERCRCOLVILLE AVENUE STCOURTNEY GIMBLETTEDWINFRED J A C K M A N A V KENNETH COLE DR ROBB LA LANE SIDNEY RUNDLE AV CRESCENT CAREY RICHARD OLD SCUGOG CTCARR STSTREETDAVIDWILLIAM CR JOHN NORTHGLEN BLVDBOWMANVILLE AVENUEKENNETH COLE DRRAYRICHARDS STROACH STMATTHEWCROMBIE STFAIR DR MOSESCR BRUCE CAMERON DRKENNETHCOLE DRHENRY SMITH AVE BRUCE CAMERON DR ALBERTCHRISTIE STARTHURMcLAUGHLIN STCROMBIE STCROMBIE ST BILLCOLECT GEORGE WEBSTER WAY HOOPER AVERONALD TAIT CRESTAIT CRNORTHGLEN BLVDBILLHUTCHINSONCRTHOMASBIRD STBILLHUTCHINSONCRHIGHAM PLACENORTHGLEN BLVD KEMP DOUGLAS LEE C R E S HARRY JOHNSTALKERGATECRDOUGLAS RONALD AVE HOOPER AVE KEM P CRAMBEREEN PLACE BAVIN STREETHIGBEELANEBowmanville AvenueDrawn By: Date: File Name: A.T. September 19, 2024 Report PDS-039-24 ATTACHMENT No. 1 40M-2610.aprx . NORTHGLEN SUBDIVISION WEST PHASE 8 PLAN 40M-2610 KEY MAP BOWMANVILLE Page 46 Attachment 2 to Report PDS-039-24 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2024-XXX Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That the blocks shown on Plan 40M-2610 and Blocks on Plan 40M-2579, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highway: Blocks 147, 148 and 149 (40M-2610) and Blocks 116,117, 118, 119,120, 121, 122, 123 and 124 (Plan 40M-2579) 2. That the streets and blocks shown on Plan 40M-2610 and Blocks in Plan 40M- 2579, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said corporation for public use: Blocks 147, 148 and 149 (40M-2610) Blocks 116, 117, 118, 119, 120, 121, 122, 123, and 124 (40M-2579) Bruce Cameron Drive Crombie Street Albert Christie Street Arthur Mc Laughlin St Bill Cole Court William Fair Drive Passed in open Council this XX day of October, 2024 _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 47 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: PDS-040-24 Authored by: Karen Richardson, Manager Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Reviewed By: Rob Maciver, Deputy CAO/Solicitor By-law Number: Resolution Number: File Number: S-C2015-0002 Report Subject: Northglen West Phase 4, Plan 40M-2633 Assumption By-Law Recommendations: 1. That Report PDS-040-24 and any related delegations or communication items, be received. 2. That the Deputy CAO of Planning and Infrastructure Services be authorized to issue a ‘Certificate of Acceptance’ for the Surface Works, which includes final stage roads and other related works constructed within Plan 40M-2633; 3. That the draft By-law (Attachment 2) to Report PDS-040-24, be approved; and 4. That all interested parties listed in Report PDS-040-24 and any delegations be advised of Council’s decision. Page 48 Municipality of Clarington Page 2 Report PDS-040-24 Report Overview This report concerns Bowmanville Village. It requests Council’s permission to approve a by- law to assume certain streets within Plan 40M-2633 and Plan 40M-2497 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered on October 27th, 2017, with 2265719 Ontario Inc. to develop lands by plan of subdivision, located in Darlington and described as Plan 40M-2633 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, street trees, a storm drainage system, and streetlights. These works were completed and accepted by the Deputy CAO of Planning and Infrastructure Services through provisions in the Subdivision Agreement. The Subdivision Agreement provides for: 1.2 Base Works These works were issued a ‘Certificate of Completion’ and a subsequent ‘Certificate of Acceptance’ by the Deputy CAO of Planning and Infrastructure Services. 1.3 Street Lighting System These works were issued a “Certificate of Completion” and subsequent ‘Certificate of Acceptance by the Deputy CAO of Planning and Infrastructure Services. 1.4 Storm Water Management System Not Applicable 1.5 Surface Works These works, which include all surface works such as curb and gutter, sidewalk, hot mix paving, boulevard works, were issued a ‘Certificate of Completion’ dated May 1st, 2022. This initiated a one (1) year maintenance period, which expired on May 1st, 2023. The Works were re-inspected at that time, and all deficiencies have now been rectified to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Page 49 Municipality of Clarington Page 3 Report PDS-040-24 2. Proposal 2.1 A by-law is required to permit the Municipality to assume certain streets within Plan 40M-2633 and Plan 40M-2497 as public highways. The proposed by-law may be found as Attachment 2 to this report. 3. Financial Considerations 3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure assets. Once the assets are assumed by the Municipality, the repair, maintenance, and replacement are the responsibility of the Municipality of Clarington. 3.2 The operational costs including winter control will be included in the Municipality’s operating budgets. 4. Strategic Plan 4.1 The recommendation of this report aligns with Clarington’s Strategic Plan to Grow Responsibly: to promote responsible and balanced growth. 5. Climate Change 5.1 Not Applicable. 6. Concurrence 6.1 Not Applicable. 7. Conclusion 7.1 It is recommended that the Council pass the by-law found as Attachment 2 to this report. Following its passage, the Municipal Solicitor will register it in the Land Registry Office. Staff Contact: Karen Richardson, Manager, Development Engineering 905-623-3379 ext. 2327 or krichardson@clarington.net. Attachments: Attachment 1 – Key Map Attachment 2 - By-law Interested Parties: The following interested parties will be notified of Council's decision: Hannu Halminen – 2265719 Ontario Inc Page 50 40M-2633 40M-2633 Northglen Boulevard Kenneth Cole DriveRonald Hooper AvenueOld Scugog RoadCrombie StreetEdwin CarrStreetBowmanville AvenueWesto ver D r i v e Lunney Crescent Sidney R u n d le A v e n u e Robb Lane Carey LaneRichard DaviesCrescent Old Scugog CourtTait CrescentGoodall CrescentConcession Rd 3 TAUNUS CT GAUD GATE CONCESSION ROAD 3OLD SCUGOG ROADBOWMANVILLE AVENUEMARYLEAH CT ANDELWOOD C T MIDDLE ROADSCUGOG STREET NO R T H S C U G O G C O U R T NICKS STREETLUNNEYCRESCENTCHILDS CT HOCKLEY AVENUEOLD SCUGOG CTGOODALLCRESCENTCRESCENTPIPERWEST SCUGOG LANEWESTOVER DR COLVILLE A V E N U E WILLIAM FAIR DRIVE JOHN MATTHEW CRJOHN MATTHEW CR KENNETH COLE DRRAY RICHARDS STJOHN MATTHEW CRJACK ROACH STREETNORTHGLEN BOULEVARD KENNETH COLE DRSIDNEY RUNDLE AV ROBB LANE CAREY LANE GEORGE WEBSTER W A Y RICHARD DAVIES CR EDWIN CARR STREETSIDNEY RUNDLE AV KENNETH COLE DR FRED J A C K M A N D R I V E WILLIAM FAIR DRIVEWILLIAM FAIR DRIVE WILLIA M F A I R D R I V E MOSES CR CROMBIE STBRUCE CAMERON DRIVE DRIVEBRUCE CAMERONCAMERONKENNETH COLE DRHENRY SMITH AVENUE ALBERTCHRISTIE STARTHURMcLAUGHLIN STBILL COLE CT CROMBIE STREETCROMBIECROMBIE STREET STREETHOOPER AVENUERONALD TAIT CRESCENTTAIT CR.HIGHAM PLACENORTHGLEN KEMP C R DOUGLAS HARRY DOUGLAS KEMP CR RONALD HOOPER THOMAS BIRD STREETBILL HUTCHINSON CR.JOHN STALKERGATEJEROME WAYJEROME WAYLOANA LN BAVIN STREET AMBEREEN PLACE HIGBEELANEHONEY LANECRISP CONCESSION ROAD 3Bowmanville Avenue Drawn By: Date: File Name: A.T. September 19, 2024 Report PDS-040-24 ATTACHMENT No. 1 40M-2633.aprx . NORTHGLEN SUBDIVISION WEST PHASE 4 PLAN 40M-2633 KEY MAP BOWMANVILLE Page 51 Attachment 2 to Report PDS-040-24 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2024-XXX Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That the blocks shown on Plan 40M-2633, and Blocks on Plan 40M-2497 and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, is hereby established, laid out, and dedicated by The Corporation of the Municipality of Clarington as public highway: Blocks 54, 55, 56, 57, and 58 (40M-2633) Blocks 138 and 139 (40M-2497) 2. That the streets and blocks shown on Plan 40M-2633 and Blocks shown on 40M-2497 and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said corporation for public use,: Blocks 54, 55, 56, 57, and 58 (40M-2633) Blocks 138 and 139 (40M-2497) Ronald Hooper Avenue and Tait Crescent Passed in open Council this XX day of October, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Page 52 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: FSD-040-24 Authored by: Mandy Chong, Manager, Procurement Submitted By: Trevor Pinn, Deputy CAO/Treasurer, Finance and Technology Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: RFP2024-6 Report Subject: Green Development Framework – Update and Program Implementation Recommendations: 1. That Report FSD-040-24, and any related delegations or communication items, be received; 2. That the proposal received from The Urban Equation Corporation, the second highest scoring proponent meeting all terms, conditions and specifications of RFP2024-6 be awarded the contract for the provision of Green Development Framework – Update and Program Implementation. 3. That the funds required to complete this project be funded from the approved budget; and 4. That all interested parties listed in Report FSD-040-24, and any delegations be advised of Council’s decision. Page 53 Municipality of Clarington Page 2 Report FSD-040-24 Report Overview To request authorization to cancel the award to Delphi and seek approval to award to Urban Equation Corporation. 1. Background 1.1 The Municipality of Clarington (Municipality) requires the assistance of a qualified firm for the provision of consulting services for the update and program implementation for the Green Development Framework. 1.2 A Request for Proposal (RFP) was drafted to allow the Municipality to select a qualified Consultant to assist with the Green Development Framework was issued and the evaluation completed in accordance with the RFP process. 1.3 Approval to award to Delphi Group was sought in Procurement Services Report PS- 008-24 and reported to Council in Report FSD- 037-24. 2. Analysis 2.1 Award notification was sent to Delphi Group. Upon receipt of the award notification, Delphi Group reached out to advise the Municipality that the project lead that they proposed for this project had resigned and therefore, they were unable to accept the contract for this project. 2.2 Based on Delphi Group not being able to proceed with the project, the recommendation is to award to the second highest scoring proponent Urban Equation Corporation. 2.3 The Urban Equation Corporation has not worked with the Municipality; therefore, reference checks are being completed and will be provided to the Evaluation Committee The award will be subject to Urban Equation Corporation references being deemed to be satisfactory. 3. Financial Considerations 3.1 The funding required for this contract award is up to $166,535.33 (Net HST Rebate) including disbursements of $3,052.80 (Net HST Rebate). The project will be funded from the following accounts, which are in the approved 2024 budget: Description Account Number Amount Public Services – Climate Change – Prof Fees 100-15-130-10519-7161 $190,861 Page 54 Municipality of Clarington Page 3 Report FSD-040-24 4. Strategic Plan 4.1 This project supports Strategic Plan Priority G.4.1 – Design and implement Priority Green Standards for all new development. 5. Climate Change 5.1 Green Development Frameworks are standards that set minimum energy efficiency or emissions performance requirements for new developments. They are designed to reduce energy consumption and greenhouse gas (GHG) emissions in the building sector, which is a major contributor to climate change. The Framework will also include measures to enhance the climate resilience of buildings ensuring they are better able to adapt to the impacts of climate change. 6. Concurrence This report has been reviewed by the Deputy CAO, Public Services who concurs with the recommendations. 7. Conclusion It is respectfully recommended that Urban Equation Corporation, being the second highest scoring proponent meeting all terms, conditions and specifications of RFP2024- 6 be awarded the contract for the provision of Green Development Framework – Update and Program Implementation. Staff Contact: Mandy Chong, Manager of Procurement, 905-623-3379 Ext. 2209 or mchong@clarington.net. Attachments: Attachment 1 – PS-008-24 Interested Parties: List of Interested Parties available from Department. Page 55 Report Procurement Division If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: PS Reports - CAO Approve Only Report Number: Procurement Division-008-24 Meeting Date: December 31, 2020 Report Date: August 8, 2019 Submitted By: Mandy Chong, Manager, Procurement Reviewed By: Mary-Anne Dempster, CAO File Number: RFP2024-6 Report Subject: Green Development Framework – Update and Program Implementation – Summer Recess Report (Purchasing By-Law 2021-077 S.61) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: 1.That the proposal received from The Delphi Group, the highest scoring proponent meeting all terms, conditions and specifications of RFP2024-6 be awarded the contract for the provision of Green Development Framework – Update and Program Implementation. 2.That the funds required to complete this project be funded from the approved budget. Attachment 1 to Report FSD-040-24 Page 56 Municipality of Clarington Page 2 Report Procurement Division-008-24 1. Background 1.1 The Municipality of Clarington (Municipality) requires the assistance of a qualified firm for the provision of consulting services for the update and program implementation for the Green Development Framework. 1.2 A Request for Proposal (RFP) was drafted to allow the Municipality to select a qualified Consultant to assist with the Green Development Framework. 1.3 RFP2024-6 was issued by the Procurement Division and advertised electronically on the Municipality’s website. The RFP was structured on a two-envelope system with price being an evaluated factor. 1.4 In view of the Summer Council Recess, authorization is requested to award the above contract in accordance with Purchasing By-Law #2021-077, Part 2 Section 61, Council Recess Procedures. 2. Analysis 2.1 The RFP closed June 6, 2024. 2.2 The RFP stipulated, among other things, that the proponents were to provide a description of the Firm/Consulting team, key qualifications, firm profile, highlights of past service and experience of team members with projects of similar size, nature and complexity, and demonstrate an understanding of the Municipality’s requirements. 2.3 Twenty companies downloaded the document. Four proposals were received (refer to Attachment 1) by the stipulated closing date and time. All proposals received complied with Phase 1 - Mandatory submission requirements and were distributed to the evaluation committee for review, evaluation, and scoring. 2.4 The technical proposals were evaluated and scored independently by the members of the evaluation committee in accordance with the established criteria as outlined in the RFP. The evaluation committee was comprised of staff from the Public Services Department as well as Planning and Infrastructure Services. 2.5 The evaluation committee met to review and agree upon the overall scores for each proposal. Some of the areas on which the submissions were evaluated were as follows: • The Proponent’s understanding of the Municipality’s requirements; • Highlights of services provided performing similar work on projects of comparable nature, size, and scope; Attachment 1 to Report FSD-040-24 Page 57 Municipality of Clarington Page 3 Report Procurement Division-008-24 • A methodology describing the Proponent’s project management approach, work plan, goals, objectives, and methods of communications to be utilized to meet the requested deadlines; and • A proposed solution including a detailed work plan indicating the project method, schedule, Gantt chart, tasks and deliverables showing an estimated overall timeline of the project. 2.6 Upon completion of the evaluation, three submissions met the established passing threshold of 80 percent for Phase 2 – Technical Submission and moved to Phase 3 - Pricing. It was determined by the evaluation committee that a presentation from the short-listed proponents would not be required. 2.7 The pricing envelopes of the short-listed firms were opened and evaluated as stipulated within the RFP document. 2.8 Upon completion of the evaluation scoring, the recommendation is to award the contract for this work to the highest ranked proponent, The Delphi Group. 2.9 The Delphi Group has not worked with the Municipality; therefore, reference checks were completed and provided to the Evaluation Committee The Delphi Group references were deemed to be satisfactory. 2.10 MJMA Architecture & Design is currently working with the Municipality on the South Bowmanville Recreation Complex therefore no reference checks were completed for MJMA. 3. Financial Considerations 3.1 The funding required for this contract award is up to $190,861.06 (Net HST Rebate) including disbursements of $2,035.20 (Net HST Rebate). The project will be funded from the following accounts which are in the approved 2024 budget: Description Account Number Amount Public Services – Climate Change – Prof Fees 100-15-130-10519-7161 $190,861 Staff Contact: Mandy Chong, Manager, Procurement, 905-623-3379 ext. 2209 or mchong@clarington.net. Attachments: Attachment 1 to Report FSD-040-24 Page 58 Municipality of Clarington Page 4 Report Procurement Division-008-24 Attachment 1 – Summary of Proposals Received Municipality of Clarington RFP2024-6– Green Development Framework - Update and Program Implementation Proposals Received Bidder Asset Strategy Inc. 163904 Canada Inc. o/a The Delphi Group * Fotenn Consultants Inc. * Urban Equation Company * Note: * Denotes Proponents who were shortlisted Attachment 1 to Report FSD-040-24 Page 59 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: October 7, 2024 Report Number: CAO-005-24 Authored by: Melissa Westover, Manager of Communications Submitted By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: Report Subject: Tourism Office - Winter Warming Location Recommendations: 1. That Report CAO-005-24, and any related delegations or communication items, be received; 2. That Council direct the Deputy CAO/Solicitor to execute a short-term lease of the former Tourism Office located at 181 Liberty Street South to The Regional Municipality of Durham, for the purposes of a Winter Warming Centre from November 2024 to April 2025 for a nominal rent; 3. That Council request The Regional Municipality of Durham to engage and communicate with nearby businesses, residents and appropriate agencies to ensure they are informed of the Warming Centre at this site, what it involves and who to contact if individuals require support; and 4. That all interested parties listed in Report CAO-005-24, and any delegations be advised of Council’s decision. Page 60 Municipality of Clarington Page 2 Report CAO-005-24 Report Overview Staff have been working collaboratively with local partners to proactively respond to the growing issue of homelessness in our community. With the identified need for an accessible Winter Warming Centre in Clarington, the Region of Durham has requested use of a Municipal facility to provide this service, and Staff are recommending use of the former Tourism Office located at Liberty Street and Baseline Road in Bowmanville. 1. Background Homelessness in Clarington 1.1 There are people in Clarington who are living without stable, permanent, appropriate housing. The Regional Municipality of Durham is responsible for all social service delivery in all Durham municipalities, including Clarington, as mandated by the province. 1.2 In March 2024, Region of Durham Staff presented an overview of the Regional homelessness system to Council. 1.3 Homelessness is a growing issue across Ontario. As part of the Ontario Big City Mayors Caucus, Clarington has supported their recently launched “Solve the Crisis” campaign, which highlights how municipalities have been tackling this issue head on, funding various programs and spaces to find solutions with limited resources. The Campaign calls on the Provincial and Federal governments to increase support and funding to ensure that every Ontarian has access to safe, supportive housing and necessary mental health and addiction services. 1.4 Council has also called on the Provincial and Federal Governments with a motion to increase action and support on this issue. 1.5 At the local level, Council recently enacted a new Public Spaces By-law which imposes regulations on the use of temporary overnight shelters (e.g. tents) on Municipal property. Municipal Law Enforcement Staff are responsible for the enforcement of the by-law, and they work closely with other law enforcement and social services agencies to respond appropriately to any situation involving our unsheltered population. 1.6 Clarington is committed to cultivating strong, thriving and connected community where everyone is welcome, including prioritizing initiatives that support the proactive management of community safety and well-being—as per our 2024-27 Strategic Plan— despite having limited resources in this regard. Page 61 Municipality of Clarington Page 3 Report CAO-005-24 Local Initiatives 1.7 Staff have been working collaboratively with the Region of Durham; Clarington Library, Museum and Archives; Clarington Board of Trade; and ICONIC (Integrated Community Outreach Network In Clarington), to identify opportunities to proactively respond to the homelessness crisis. ICONIC is a volunteer group of faith-based leaders, the Region, CLMA, and the Municipality who meet on an ongoing basis to identify opportunities to work together to create an integrated community of care for the unsheltered population in Bowmanville. 1.8 Clarington Library, Museums and Archives staff in particular have been developing innovative partnerships to respond and support individuals in need with limited resources. CLMA recently obtained two Social Worker student placements for the September 2024 to April 2025 period. The students are placed at Bowmanville and Courtice Libraries; the Social Work student in Bowmanville helps individuals access food supports and social services. 1.9 CLMA has also partnered with Community Development Council Durham and John Howard Society to offer drop-in service access days at the Bowmanville Library. Winter Warming in Clarington 1.10 With an identified need for an overnight winter warming program in Clarington, the Region of Durham partnered with St. Paul’s United Church and DUO (a not-for-profit social services organization) to open a Winter Warming Centre in the basement of the church last winter. It operated from January 18 to March 31, 2024; seven days a week from 8 a.m. to 8 p.m. 1.11 Warming Centres provide a safe place for people to sleep when it is cold outside. Warmth and shelter are critical resources for health and safety, as people experiencing homelessness or those who are marginally housed are one of the most at-risk groups for cold-related illnesses. 1.12 Durham Region has Warming Centres across the region that operate during the winter months. More information about Durham Region’s Winter Warming Program can be found at www.durham.ca/WinterWarming. 1.13 The Warming Centre at St. Paul’s was the first time an overnight Winter Warming program was implemented in Clarington. The Region of Durham reported that it was well utilized but never reached full capacity (10). It is important to note that Warming Centres are not shelters; they operate on a temporary overnight basis during the winter months. Page 62 Municipality of Clarington Page 4 Report CAO-005-24 Daytime Supports and Local Impact 1.14 As Clarington is a large geographic area, the unsheltered population is spread out. There is identified “hidden homelessness,” which is defined as individuals with no prospects for permanent housing, but who may move among encampments, sleep in cars or “couch surf”. When the Winter Warming Centre opened last year, the centralized service resulted in more visible homelessness in downtown Bowmanville during the daytime hours. 1.15 There is limited daytime programming for the unsheltered population in Clarington. Local churches offer drop-in lunches and coffee on certain days of the week. The John Howard Society is a designated access point for Social Services and provides important services to help connect those in need to local support, but it is not a Hub for individuals to spend time. 1.16 Like many other communities, this resulted in the Library becoming a de facto daytime warming centre. Unfortunately, this did result in negative impacts associated with drug use, loitering, and litter; a 50% increase in incidents when compared to 2023. To help increase safety for both staff and customers, Clarington hired a security guard to patrol the Bowmanville Library and Municipal Administrative Centre. 1.17 Durham Region’s Outreach Team is an on-the-ground service in which Social Services workers travel across Durham to provide support to those who need it. Clarington and CLMA staff kept in constant contact with the Region of Durham, who increased local presence of the Outreach Team, especially when the Winter Warming Centre closed each day at 8 a.m. Clarington provided the use of one meeting room on the ground floor of the Municipal Administrative Centre to the Street Outreach Team, to provide a closed-door space to meet with individuals and connect them to services. The Outreach Team remained responsive and co-operative with Municipal and CLMA Staff. 1.18 At the May 6, 2024 General Government Committee meeting, the Region of Durham presented and spoke to the need to develop a Hub in Clarington for daytime supports. Regional Staff have indicated they are still working towards this model and are interested in ongoing partnerships and support to implement it. Clarington Staff will continue to work with Regional Staff to explore potential support for this in the future. 2. Winter Warming for the 2024-25 season 181 Liberty Street South 2.1 The Regional Municipality of Durham engaged Clarington Staff this summer to identify potential locations for Winter Warming for the 2024-25 winter season. Although the Warming Centre at St. Paul’s United Church was a success, it was not accessible as Page 63 Municipality of Clarington Page 5 Report CAO-005-24 there were stairs to access the basement and there were individuals with mobility challenges who needed to access the service. 2.2 Following a review of potential sites, the former Tourism Office located at 181 Liberty Street South was identified as an ideal location. The building is currently not open to the public and is being used as administrative office space, which could be moved. 2.3 Durham Region staff have identified this as an ideal location because: a. The building is fully accessible. b. Proximity and walkability to downtown Bowmanville where local supports and food banks are, without being located right in the downtown. c. There are smaller office rooms within the building that could accommodate those with unique needs or who arrive as a family. d. There are multiple washrooms and a shower on site. 2.4 Under the proposed arrangement, the Region would be expected to take responsibility for assessment of the building and for any alterations needed to convert the space for use as a Warming Centre. The Region would also be responsible for all operational expenses associated with the Warming Centre, and for any expenses associated with impacts to the property and the community that arise from the Warming Centre. This might foreseeably include attending to the removal of hazardous litter from the vicinity of the Warming Centre. It is further expected that the Region will respond appropriately to any unforeseen impacts to or conflicts with other community members. 2.5 The Region has indicated that individuals using the Warming Centre will be required to sign in and out. Durham Region has committed to ensuring Outreach Workers are on site each morning to support individuals in accessing support and daytime programming, either locally or in neighbouring municipalities. 2.6 Regional staff have indicated that they expect, on average, about five people will use the warming centre consistently. Should more individuals arrive at one warming centre than can be accommodated, Regional staff have indicated that service providers could find an alternative space within the service system, and provide transportation. 2.7 Clarington Emergency and Fire Services and the Chief Building Official have confirmed there are no major concerns with the use of the building for this purpose, accommodating approximately 10 individuals who need a safe place to sleep when it is cold outside. Minor updates would need to be completed by the Region of Durham to ensure all occupants would be safe in the building as per the Fire Code and Building Page 64 Municipality of Clarington Page 6 Report CAO-005-24 Code (e.g. installing exit signage; additional fire extinguishers and alarms; completion of a fire safety plan). 2.8 The subject property 181 Liberty Street South is zoned Environmental Protection (EP) within Zoning by-law 84-63. The (EP) zone does not permit residential uses and permits limited non-residential uses. The property contains an existing building utilized by the Municipality and appears to be a legal non-conforming structure. Section 3.18 of the existing Zoning by-law allows the building to be used for the purposes of public services provided by the Corporation of the Municipality of Clarington, any School Board, or any Public Authority including any Department of the Regional Municipality of Durham or any Department or Ministry of the Government of Canada or Ontario, or any Conservation Authority established by the Government of Ontario. Central Lake Ontario Conservation Authority (CLOCA) advised that the Region of Durham would be required to develop a flood evacuation plan as the property is located within the floodplain. 3. Financial Considerations 3.1 The Solicitor would work with The Regional Municipality of Durham to negotiate a lease for use of the former Tourism Office at 181 Liberty Street South. 4. Strategic Plan 4.1 C.2.5: Support the proactive management of community safety and well-being. 5. Climate Change Not Applicable. 6. Concurrence This report has been reviewed by the Deputy CAO of Public Services and the Deputy CAO of Legislative Services/Solicitor, who concur with the recommendations. 7. Conclusion It is respectfully recommended that Council endorse the proposal to rent the former Tourism Office building, 181 Liberty Street South, to The Regional Municipality of Durham for the purposes of a Winter Warming Centre. Staff Contact: Melissa Westover, Manager of Communications, 905-623-3379 ext. 2019 or mwestover@clarington.net. Page 65 Municipality of Clarington Page 7 Report CAO-005-24 Interested Parties: The following interested parties will be notified of Council's decision:  Sahar Foroutani, Area Manager, Homeless System Team, The Regional Municipality of Durham  Inspector Stefanie Finateri, DRPS East Division  Laura McClelland, St. Paul’s United Church/Integrated Community Outreach Network In Clarington Page 66 Page 67 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEE MEETING RESOLUTION # DATE: October 7, 2024 MOVED BY Councillor Rang SECONDED BY Councillor Whereas there have been a growing number of complaints from residents and businesses concerning the amount of litter in the downtown core and the downtown core is a major driver of economic activity and current trash receptacles may be insufficient to address the growing challenge; Therefore be it resolved that Staff be directed to study the feasibility and cost of adding receptacles – or replacing existing receptacles – to better address this challenge. Page 68 MUNICIPALITY OF CLARINGTON GENERAL GOVERNMENT COMMITTEE MEETING RESOLUTION # DATE: October 7, 2024 MOVED BY Mayor Foster SECONDED BY Councillor Whereas, when the multi-year meeting schedule was approved, November 25, 2024 was set as a Special Budget Meeting; Whereas there is a need to move the meeting date for consideration of Council amendments to the Annual Update to the 2024-2027 Clarington Multi-Year Budget; Now therefore be it resolved: 1. That, in accordance with subsection 4.16.1(b) of the Procedural By-law, the November 25, 2024 Special Budget meeting, be cancelled; 2. That consideration of Council amendments to the Annual Update to the 2024-2027 Clarington Multi-Year Budget will take place during the January 13, 2025 General Government Committee (GGC) meeting; 3. That, in accordance with subsection 4.4.2 of the Procedural By-law, a Special Budget meeting be called for immediately following the January 13, 2025 GGC meeting, in the Council Chambers and via electronic means, to consider recommendations from GGC regarding “Council amendments to the Annual Update to the 2024-2027 Clarington Multi-Year Budget.” Page 69