HomeMy WebLinkAbout11-18-24
Council
Post-Meeting Agenda
Date:November 18, 2024
Time:6:30 p.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: Michelle Chambers,
Legislative Services Coordinator, at 905-623-3379, ext. 2101 or by email at
mchambers@clarington.net.
Alternate Format: If this information is required in an alternate format, please contact the
Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio/Video Record: The Municipality of Clarington makes an audio and video record of Council
meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be
recording you and will make the recording public by publishing the recording on the Municipality’s
website, www.clarington.net/calendar.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or
placed on non-audible mode during the meeting.
Copies of Reports are available at www.clarington.net
The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to
an item will appear with a * beside them.
Pages
1.Call to Order
2.Moment of Reflection
3.Land Acknowledgement Statement
4.Declaration of Interest
5.Announcements
6.Presentations / Delegations
6.1 Recognition of Municipality of Clarington Communications Team 4
6.2 John McDermott, McDermott & Associates Limited, regarding Report
PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda
Item 10.1)
12
*6.3 Andrew Rice regarding Report PDS-033-24 - Bowmanville East Urban
Centre Secondary Plan (Agenda Item 10.1)
18
*6.4 Kevin Nesbitt regarding Report PDS-033-24 - Bowmanville East Urban
Centre Secondary Plan (Agenda Item 10.1)
31
*6.5 Bill Grainger regarding Report PDS-033-24 - Bowmanville East Urban
Centre Secondary Plan (Agenda Item 10.1)
39
*6.6 Aralia Grainger regarding Report PDS-033-24 - Bowmanville East Urban
Centre Secondary Plan (Agenda Item 10.1)
41
7.Consent Agenda
7.1 Council and Standing Committee Minutes
7.1.1 Minutes from the regular meeting of Council dated October 28,
2024
43
7.1.2 Minutes from the General Government Committee Meeting
dated November 4, 2024
56
November 18, 2024
Council Agenda
Page 2
7.2 Advisory Committee and Local Board Minutes
*7.2.1 Minutes from the Clarington Heritage Committee meeting dated
October 15, 2024
66
*7.2.2 Minutes from the Newcastle Community Hall Board meetings
dated October 15 and 29, 2024
71
7.3 Communications
7.4 Staff Reports and Staff Memos
7.5 By-laws
7.5.1 2024-052 - Being a By-law to provide policies and procedures
for the procurement of goods and services
76
Item 6.5 of the General Government Committee Minutes
8.Items for Separate Discussion
9.Business Arising from Procedural Notice of Motion
10.Unfinished Business
10.1 Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan
Recommendation Report
(Referred from the September 23, 2024 Council Meeting)
Link to Report PDS-033-24
11.Confidential Items
12.Confirming By-Law
13.Adjournment
November 18, 2024
Council Agenda
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From:no-reply@clarington.net
To:ClerksExternalEmail
Subject:New Delegation Request from Westover
Date:October 30, 2024 4:30:38 PM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
Subject
MarCom Awards
Action requested of Council
Photo opportunity.
Date of meeting
11/18/2024
Summarize your delegation
Clarington's Communications Team has received some industry
awards. There will be a brief presentation and photo opportunity withstaff/Council.
Have you been in contact with staff or a member of Councilregarding your matter of interest?
Yes
Name of the staff member or Councillor.
Melissa Westover
Report number (if known)
n/a
Correspondence number (if known)
n/a
Will you be attending this meeting in person or online?
In person
First name:
Melissa
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From:no-reply@clarington.net
To:ClerksExternalEmail
Subject:New Delegation Request from McDermott
Date:November 12, 2024 2:40:48 PM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
Subject
Bowmanville East Urban Centre Secondary Plan
Action requested of Council
Modification of Policy Document
Date of meeting
11/18/2024
Summarize your delegation
Section 12.1.8 and Section 5 concerning the uncertainty created by
policies related to the permissible density of development.
Have you been in contact with staff or a member of Council
regarding your matter of interest? No
Report number (if known) PDS-033-24
Correspondence number (if known) n/a
Will you be attending this meeting in person or online? In person
First name: John
Single/Last name McDermott
How to pronounce your name:
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John McDermott
Firm/Organization (if applicable)
McDermott & Associates Limited
Job title (if applicable)
Principal Planner
Address
Town/Hamlet
Pickering
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.
Yes
I acknowledge that the Procedural By-law Permits seven
minutes for delegations.
Yes
[This is an automated email notification -- please do not respond]
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1000m625mLAKERIDGE
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ITE 625m @0%
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DrawingDate of Last RevisionP/NFLIGHT APPROACH16.09.24FIGURE4AORIGINAL DRAWING SCALE 1:5000 METRIC400300500100020050100NORTHORANGE 1KM ASSESSMENT ZONEHELIPAD STANDARD1000 METRE OBSTRUCTION LIMITATION SURFACESECTION 12.1.8BOUNDARYSECTION 12.1.8BEUC SECONDARY PLANNON-SPECIFIED FLIGHT PATHBOUNDARY OF BOWMANVILLEHOSPITAL LANDS1. AERIAL PHOTOGRAPH - MAY 2024 FIRST BASE SOLUTIONS.LIBERT
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KING STREETKING STREETBASELINE ROADPROPOSED BOWMANVILLE EAST URBAN AREA SECONDARY PLANLIBERT
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THIS DRAWING ILLUSTRATES THEEFFECT OF SECTION 12.1.8 OF THEPROPOSED BEUC SECONDARY PLANAND THE OPERATIONAL PROCEDURES& POLICIES OF ORNGE IN THEABSENCE OF DEFINED FLIGHT PATHS.(178.6 - Ha)(401.7 - Ha)LEGEND:NOTES:SOURCES:APPROXIMATE BOUNDARYOF BEUC SECONDARY PLANPage 14
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DrawingDate of Last RevisionP/NFLIGHT APPROACH16.09.24FIGURE4BORIGINAL DRAWING SCALE 1:5000 METRIC400300500100020050100CONCEPTUAL ILLUSTRATION ARRIVAL / DEPARTURE FLIGHT PATHS1. AERIAL PHOTOGRAPH - MAY 2024 FIRST BASE SOLUTIONS.2. WIND ROSE DATABOWMANVILLE ANNUAL 2010-2024 ENVIRONMENT CANADA10%20%30%40%50%60%70%80%90%100%0%Calme
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20 km/h
30 km/h
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ORANGE PROPOSED ASSESSMENT ZONEHELIPAD STANDARDBOUNDARY - REGULATED 110.7 - HaNON-SPECIFIED FLIGHT PATHBOUNDARY OF BOWMANVILLEHOSPITAL LANDWIND ROSEDIRECTION & SPEEDFLIGHT PATHTAKE-OFF & APPROACHTRANSITIONAL SURFACESTHIS DRAWING HAS BEENPREPARED FOR DEMONSTRATIONPROPOSES ONLY. A DETAILEDAERONAUTICAL ASSESSMENT,PREPARED IN ACCORDANCE WITHTHE REQUIREMENTS OFTRANSPORT CANADA ISNECESSARY TO DETERMINEARRIVAL / DEPARTURE FLIGHTPATHS TO AND FROM THEPROPOSED HELIPORT TO BEDEVELOPED IN ASSOCIATION WITHTHE BOWMANVILLE HOSPITAL.LIBERT
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KING STREETKING STREETBASELINE ROADINTERPRETATION OF WIND ROSETHE DIFFERENT COLOURS OF EACH SPOKE OF THEWIND ROSE PROVIDE DETAILS ON THE SPEED, INKILOMETRES PER HOUR (I.E. KM/H), OF THE WIND FROMEACH DIRECTION. AS ILLUSTRATED ON THE ANNUALWIND ROSE FOR BOWMANVILLE, THE WINDS WERE CALMAPPROXIMATELY 5.4 PERCENT OF THE TIME.THE ANNUAL DATA PUBLISHED BY ENVIRONMENTCANADA FOR BOWMANVILLE INDICATES THAT, FROM2010 TO 2024, THE WINDS BLEW FROM THE NORTH ATSPEEDS OF 1 TO 10 KM/H 8.1 PERCENT OF THE TIME, 11TO 20 KM/H 5.6 PERCENT OF THE TIME, AND 21 TO 30KM/H 1.8 PERCENT OF THE TIME. SIMILARLY, THE WINDSBLEW FROM THE NORTH-WEST AT SPEEDS OF 1 TO 10KM/H 3.8 PERCENT OF THE TIME, AT SPEEDS OF 11 TO 20KM/H 6.0 PERCENT OF THE TIME, AT SPEEDS OF 21 TO 30KM/H 4.7 PERCENT OF THE TIME, AT SPEEDS OF 31 TO 40KM/H 1.0 PERCENT OF THE TIME, AND, AT SPEEDSGREATER THAN 41 KM/H 0.2 PERCENT OF THE TIME.THE DATA PUBLISHED BY ENVIRONMENT CANADAFURTHER INDICATES THAT WINDS BLEW FROM THENORTH 15.8 PERCENT OF THE TIME AT AN AVERAGESPEED OF 11.6 KM/H, AND, FROM THE NORTH-WEST 15.6PERCENT OF THE TIME AT AN AVERAGE SPEED OF 17.2KM/H.NORTH FLIGHT PATHFLIGHT PATH225°135°- REGULATED 49.9 - HaLEGEND:NOTES:SOURCES:NOTES:APPROXIMATE BOUNDARYOF BEUC SECONDARY PLANPage 15
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Requested Modifications to the Bowmanville East Urban Centre Secondary Plan and Request of Council
regarding the Heliport to be developed in association with the Bowmanville Hospital:
1.THAT Section 5.2 of the Bowmanville Urban Centre Secondary Plan be revised insofar as is necessary
to insert a new Site Specific Policy which shall read as follows, namely:
5..2.11 Notwithstanding any other provision of this Plan to the contrary, on those lands designated
within the Mixed Use Area and Medium Density Residential land use classifications on
Schedule "B", entitled Land Use, municipal addresses of 139 and 151 Wellington Street, 194 -
196, 198, 200, 204, 208 and 210 - 212 Church Street, and, 35 Scugog Street, having an area
of approximately 1.2 hectares, the permitted uses shall include an apartment dwelling house
and townhomes subject to the following provisions, namely:
i.that the minimum density of development shall be 150 units per net hectare based upon the
area of the lands prior to any taking of lands by the Municipality to provide for a road widening
or other municipal infrastructure and related works;
ii.that within 42 metres of the northerly limits of Church Street and 38 metres of Scugog Street,
on those lands designated within the Mixed Use Area classification, the permissible building
height shall not exceed ten storeys; and;
iii.that within 17 metres of the southerly limits of Wellington Street, on those lands designated
within the Medium Density Residential land use classification, the permissible building height
shall not exceed four storeys.
- Or, in the Alternative,
THAT the boundary of those lands affected by the Bowmanville East Secondary Plan be amended to
exclude those lands located to the north of Church Street, South of Wellington Street and East of
Scugog Street legally described as forming Lots 141 to 146 inclusive and 178 to 186 inclusive within
Block One of John Grant's Plan forming part of Lot 12 in the First Concession of the former Town of
Bowmanville, now in the Municipality of Clarington, municipal addresses of 139 and 151 Wellington
Street, 194 - 196, 198, 200, 204, 208 and 210 - 212 Church Street, and, 35, 37- 39 and 45 Scugog
Street.
2.THAT, in the absence of an Arrival / Departure Flight Path being prescribed in the Canada Flight
Supplement for the Heliport proposed in association with the Lakeridge Health Bowmanville Hospital,
Section 12.1.8 be deleted, in its entirety, from the Bowmanville East Urban Centre Secondary Plan.
3.THAT Council direct Staff to undertake the necessary studies, in consultation with Lakeridge Health
and Ornge, to determine the extent of lands affected by the Flight Paths for Ornge Helicopters arriving
and/or departing from the Heliport proposed in association with the Bowmanville Hospital;
- and -
THAT, upon completion of studies leading to a determination of the Flight Paths, an appropriate
amendment, inclusive of a schedule delineating the extent of lands beneath the arrival / departure flight
paths, be incorporated with the Clarington Official Plan to require that, where a proposed building or
structure exceeds the height of the heliport developed in association with the Bowmanville Hospital,
the proponent, as part of a complete application, shall submit an aeronautical assessment, prepared
by a qualified person, to ensure the proposed development will not encroach upon the Obstacle
Limitation Surfaces and/or the associated Transitional Surfaces based upon the arrival and departure
Flight Path specified in the current Canada Flight Supplement published by NAV Canada.
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From:no-reply@clarington.net
To:ClerksExternalEmail
Subject:New Delegation Request from Rice
Date:November 13, 2024 2:20:40 PM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
Subject
Bowmanville East Urban Center Secondary Plan
Action requested of Council
Modification of Policy Document
Date of meeting
11/18/2024
Summarize your delegation
Section 12.1.8 & similar concerns
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.
Lisa Backus & Councillor Anderson
Report number (if known)
PDS-033-24
Will you be attending this meeting in person or online?
In person
First name:
Andrew
Single/Last name
Rice
How to pronounce your name:
Rice - just like the food
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Firm/Organization (if applicable)
n/a
Job title (if applicable)
n/a
Address
Town/Hamlet
Bowmanville
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.
Yes
I acknowledge that the Procedural By-law Permits seven
minutes for delegations.
Yes
[This is an automated email notification -- please do not respond]
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8.1.3 To encourage the provision and retention of housing which serves the specialized
support needs of residents, including supportive housing, assisted housing and seniors
housing.
8.2 General Policies
8.2.1 Developments will deliver a range of building and unit types, sizes, configurations and
tenures, including purpose-built rental housing and seniors housing, to accommodate a
variety of individuals and households and deliver a broad spectrum of housing options.
8.2.2 A range of unit sizes, including those suitable for larger households, is encouraged
within apartment and multi-unit buildings.
8.2.3 Residential units within apartments or multi-unit buildings will include operable
windows and are encouraged to include storage space and balconies or terraces.
8.2.4 All development proposals should incorporate barrier-free, universal or flex design
features in both common and living areas.
8.2.5 New multi-unit buildings with residential uses will be encouraged to include both indoor
and outdoor amenity spaces, which are capable of hosting a variety of programming and
are suitable for a range of household types.
8.2.6 Two additional dwelling units (ADUs) are permitted within a detached dwelling, semi-
detached dwelling, or townhouse, and one ADU is permitted within a building or
structure ancillary to a detached dwelling, semi-detached dwelling or townhouse, in
accordance with the Clarington Official Plan and subject to the provisions of the zoning
by-law and other relevant regulations.
8.2.7 Where possible, residential development should include Additional Dwelling Unit (ADU)
ready design so that the owner can add an ADU, such as a basement suite.
8.2.8 Notwithstanding Policies 8.2.6 to 8.2.7, ADUs will not be permitted within hazard lands
or in areas that have no safe access.
8.3 Affordable Housing
8.3.1 The Municipality will collaborate with public and non-profit housing providers to
encourage a supply of affordable housing units within the Plan area.
8.3.2 Affordable housing, including subsidized non-market housing units, are encouraged to
be integrated within neighbourhoods and combined within developments that also
provide market housing to encourage mixed-income communities.
8.3.3 Where redevelopment involves the removal of existing affordable housing units, it shall
replace the number of affordable units displaced within the new development.
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8.3.4 Affordable housing is encouraged to locate near to existing and planned transit.
8.3.5 The provision of assisted and supportive housing by cooperative and non-profit housing
associations is encouraged within the Plan area. The Municipality will work with Durham
Region to identify opportunities and potential locations for assisted and supportive
housing.
8.3.6 To facilitate the development of affordable housing units within the Plan area and in the
Municipality, in accordance with Policy 8.3.2, developers shall provide either land or a
contribution of funds to the Municipality for the development of affordable housing in
the community. The Municipality may consider a reduction in contribution where
affordable housing is provided as part of a development.
8.3.7 The contribution of funds will be facilitated through a contribution agreement between
the Municipality and the developer. The agreement will be negotiated by Municipal
staff prior to site plan approval. At the time of site plan approval, 50% of the funds will
be paid, with the remaining 50% to be paid at the time of first building permit.
8.3.8 To support the provision of affordable housing units, the Municipality will explore other
potential incentives such as reduced or deferred development charges, reduced
application fees, grants, and loans, to encourage the development of affordable housing
units. The reduction or deferral of development charges shall be done in consultation
with the Region of Durham. The Municipality will also encourage Durham Region to
consider financial incentives for affordable housing.
8.3.9 The Municipality will give priority to development approval applications which include
affordable housing units, including those that are being funded by federal and provincial
government programs or non-profit groups.
9.0 Mobility and Street Network
9.1 Objectives
9.1.1 To establish a well-designed, connected and accessible road network which enables
safe, reliable and efficient movement throughout the community.
9.1.2 To foster an urban environment where walking, cycling and transit are viable and
attractive alternatives to travel by automobile.
9.1.3 To support a fine-grained street grid pattern which appropriately defines development
blocks, active transportation, and maximizes access to future transit.
9.1.4 To strengthen the active transportation network to encourage the uptake of more
sustainable transportation methods, reduce greenhouse gas emissions and encourage a
healthy and active lifestyle for residents.
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WELLINGTON STREETSCUGOG STREETCHURCH STREET10-12 STOREY TOWERRESIDENTIALFIRST FLOORCOMMERCIALSIX STOREY PODIUMRESIDENTIALFIRST FLOOR COMMERCIALTOWNHOMES(BLOCK A1)TOWNHOMES(BLOCK A3)TOWNHOMES(BLOCK A4)WATER METERBLDG.TOWNHOMES(BLOCK A2)TOWNHOMES(BLOCK A5)FUTURE DEVELOPMENTMIXED USE(RESIDENTIAL/ COMMERCIAL)(5-6 STOREYS)GREEN ROOF AMENITY AREAUTILITYROOM30 SPACESBLOCK "C"BLOCK "B"RIGHT INRIGHT OUTBLOCK "A"Area(sq.m.)UnitsDensity(units/ha.)Block ABlock BBlock C26432821506033.11364825.2302006.1SITE STATISTICSBOUNDARY OF LANDS OWNED BYTHE RICE FAMILYTOTAL15019212,864APPROXIMATE LOCATION OF BLOCKBOUNDARYDrawingDate of Last RevisionP/NRICE PROPERTY HOLDINGSBOWMANVILLE, ONTARIOConceptual Development Plan10.26.215200AlternativeACONCEPTUAL BLOCK PLANCHURCH - WELLINGTON - SCUGOG STREETSORIGINAL DRAWING SCALE 1:300 METRIC20152550102.55Page 25
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5.3.1 The Mixed Use Area designation allows for the greatest mix of uses including residential,
office, retail, personal service, cultural, community, and institutional uses.
5.3.2 Development within the Mixed Use Area designation shall predominantly consist of
street-oriented building forms with active retail and service uses at-grade, and
residential and/or non-residential uses above.
5.3.3 Lands within the Mixed Use Area designation within the Downtown Corridor, East
Business District and Goodyear Lands Character Areas shall, in aggregate, achieve a
minimum density of 150 units per net hectare.
5.3.4 Lands within the Mixed Use designation within the Historic Downtown Character Area
shall, in aggregate, achieve a minimum density of 75 units per net hectare.
5.3.5 The following uses shall be permitted within the Mixed Use Area designation:
a) Residential, in compliance with the dwelling types outlined in Policy 5.3.6;
b) Live-work uses;
c) Assisted and special needs housing;
d) Office uses, including professional and medical offices,
e) Commercial uses including retail stores, restaurants, and personal service uses;
f) Community uses such as libraries, community centers, schools, places of
worship, daycare facilities, post offices, fire and police stations or similar uses
designed to serve the community at large;
g) Parks and open spaces, including privately-owned public spaces;
h) Hotels, convention and events facilities; and
i) Arts and cultural establishments.
5.3.6 Permitted residential dwelling types include:
a) Dwelling units above the ground floor within a mixed use building; and,
b) Apartment buildings.
5.3.7 Notwithstanding Policy 5.3.6, townhouses may be permitted in the Mixed Use Area
designation within the Goodyear Lands Character Area as part of a larger mixed-use
development.
5.3.8 Notwithstanding Policy 5.3.6, townhouses may be permitted in the Mixed Use Area
designation as part of a larger mixed use development which includes one or more of
the residential dwelling types identified in Policy 5.3.6, to act as a transitional form to
low density residential areas.
5.3.9 Standalone residential buildings are only permitted in the Mixed Use Area as part of a
larger mixed-use development.
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5.3.10 A concentration of community and institutional uses is encouraged to be located within
the lands bound by Wellington Street, King Street, Silver Street and Division Street, in
order to enhance and strengthen the existing civic and community center.
5.3.11 A concentration of medical-related uses, including medical offices, laboratories and
pharmacies, is encouraged to be located within the lands on either side of King Street
East between Liberty Street and Simpson Avenue in order to create a new medical
campus around the Lakeridge Health Bowmanville Hospital.
5.3.12 Where Mixed Use Area lands abut Low Density Residential lands, proposed
development is required to implement a gradual built form transition between high-rise
and mid-rise forms and existing low density residential areas.
5.3.13 In the redevelopment of lands, the Municipality will:
a) Encourage the consolidation of smaller land parcels;
b) Encourage development which enhances the pedestrian character of the
streetscape, including appropriate setbacks to accommodate retail spill-out
areas;
c) Encourage private laneway connections between properties to reduce the
need for multiple access points onto major roads;
d) Encourage joint parking and street access between abutting properties; and
e) Encourage the preservation, renovation and reuse of historic buildings.
5.4 High Density Residential
5.4.1 The High Density Residential designation allows for predominantly residential uses
within mid-rise and high-rise building forms to deliver a mix of housing types and
tenures.
5.4.2 Development within the High Density Residential designation shall achieve a minimum
density of 150 units per net hectare.
5.4.3 The following uses shall be permitted within the High Density Residential designation:
a) Residential, in compliance with the dwelling types outlined in Policy 5.4.4;
b) Live-work uses;
c) Assisted and special needs housing; and
d) Community uses such as libraries, community centers, schools, places of
worship, daycare facilities, post offices, art and cultural facilities, or similar uses
designed to serve the community at large.
5.4.4 Permitted residential dwelling types include:
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a) Apartment buildings.
5.4.5 In addition to the uses permitted by Policy 5.4.3 and 5.4.4 of this Section, on the lands
known for municipal purposes in 2024 as 258 King Street East, a single building may be
constructed and used with a mix of residential uses and such commercial uses that
Council considers to be appropriately limited in scale and type having regard to the
capacity, operations and safety of King Street East and Galbraith Court and to the
compatibility with adjacent residential uses provided that:
a) A minimum of 50% of the gross floor area of the building is constructed and
used for residential purposes; and
b) Commercial uses do not exceed a maximum of 400 square metres.
5.5 Medium Density Residential
5.5.1 The Medium Density Residential designation allows for predominantly residential uses
within mid-rise building forms to deliver a mix of housing types and tenures. Where
appropriate, high-rise forms may also be permitted.
5.5.2 Development within the Medium Density Residential designation shall achieve a
minimum density of 65 units per net hectare.
5.5.3 The following uses shall be permitted within the Medium Density Residential
designation:
a) Residential, in compliance with the dwelling types outlined in Policy 5.5.4;
b) Live-work uses;
c) Assisted and special needs housing; and,
d) Community uses such as libraries, community centers, schools, places of
worship, daycare facilities, post offices, or similar uses designed to serve the
community at large.
5.5.4 Permitted residential dwelling types include:
a) Apartment buildings; and,
b) All forms of townhouses.
5.6 Low Density Residential
5.6.1 The Low Density Residential designation allows for predominantly residential uses
within grade-related dwellings to deliver a mix of housing types and tenures.
5.6.2 Development within the Low Density Residential designation shall achieve a minimum
density of 25 units per net hectare.
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From:no-reply@clarington.net
To:ClerksExternalEmail
Subject:New Delegation Request from Nesbitt
Date:November 14, 2024 11:45:55 AM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
Subject
Goodyear Lands Community Safety Concerns
Action requested of Council
Enforce dust and other safety measures.
Date of meeting
11/18/2024
Summarize your delegation
Myself, presenting alone, in regards to safety violations.
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.
Lisa Backus
Will you be attending this meeting in person or online?
In person
First name:
Kevin
Single/Last name
Nesbitt
Address
Town/Hamlet
Bowmanville
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Postal code
Email address:
Phone number
Do you plan to submit correspondence related to this matter?
Yes
Do you plan to submit an electronic presentation (i.e.
PowerPoint)? If yes, the file must be submitted to theMunicipal Clerk’s Department by 2 p.m. on the Friday prior tothe meeting date.
Yes
I acknowledge that the Procedural By-law Permits seven
minutes for delegations.
Yes
[This is an automated email notification -- please do not respond]
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From:no-reply@clarington.net
To:ClerksExternalEmail
Subject:New Delegation Request from Grainger
Date:November 15, 2024 5:25:47 AM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
Subject
Goodyear Lands Development
Action requested of Council
Review Soil Test Data & Consult Experts on Safe Handling of
Demolition Process & Consult With Municipal Government in AkronOhio & Release All Data to Adjacent Residents to Factory
Date of meeting 11/18/2024
Summarize your delegation Bill Grainger
Have you been in contact with staff or a member of Councilregarding your matter of interest?
Yes
Name of the staff member or Councillor.
Sylvia Jennings
Will you be attending this meeting in person or online?
In person
First name:
Bill
Single/Last name
Grainger
Job title (if applicable)
Head of Science-DDSB
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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 theMunicipal Clerk’s Department by 2 p.m. on the Friday prior to
the meeting date.
No
I acknowledge that the Procedural By-law Permits seven
minutes for delegations. Yes
[This is an automated email notification -- please do not respond]
Page 40
From:no-reply@clarington.net
To:ClerksExternalEmail
Subject:New Delegation Request from Grainger
Date:November 15, 2024 7:05:42 AM
EXTERNAL
A new delegation request has been submitted online. Below are the
responses provided:
Subject
GoodYear Development-Toxic Chemicals
Action requested of Council
Prevent toxic chemicals from entering air and water
Date of meeting
11/18/2024
Summarize your delegation
Aralia Grainger
Have you been in contact with staff or a member of Council
regarding your matter of interest?
No
Will you be attending this meeting in person or online?
In person
First name:
Aralia
Single/Last name
Grainger
Address
Town/Hamlet
Bowmanville
Postal code
Page 41
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 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
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Council Minutes
Date:
Time:
Location:
October 28, 2024
6:30 p.m.
Council Chambers or Microsoft Teams
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor S. Elhajjeh,
Councillor L. Rang, Councillor W. Woo, Councillor M. Zwart
Regrets: Councillor C. Traill
Staff Present: M. Dempster, J. Gallagher, R. Maciver, T. Pinn, M. Chambers, L.
Reck, D. Lyons
Other Staff Present: M. Machacek, J. MacLean, J, O'Meara, M. Westover
_____________________________________________________________________
1. Call to Order
Mayor Foster called the meeting to order at 6:30 p.m.
2. Moment of Reflection
Councillor Anderson led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Anderson recited the Land Acknowledgement Statement.
4. Declaration of Interest
There were no disclosures of interest stated at this meeting.
5. Announcements
Members of Council announced upcoming community events and matters of
community interest.
Page 43
October 28, 2024
Council Minutes
2
Suspend the Rules
Resolution # C-106-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the Rules of Procedure be suspended to add the delegation of Pankaj
Panchal, Unity in Diversity, regarding fireworks during Diwali, to the Agenda as Item
6.5.
Carried
Suspend the Rules
Resolution # C-107-24
Moved by Councillor Woo
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to add the delegation of John Colville,
regarding Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74
Residential Units at 922 Green Road, Bowmanville, to the Agenda as Item 6.6.
Carried
6. Presentations / Delegations
6.1 Presentation to the Clarington Minor Lacrosse U15 Team
Mayor Foster recognized the U15 Clarington Minor Lacrosse Team for having an
extremely successful season, winning gold in two of the three tournaments they
competed in, and silver in the third tournament. They won gold in the B Provincial
Field Championships and gold in the B Provincial Box Championships. The team
members include: Jonas Saucier, Harland Relph, Grayson Lane, Lleyton Maybury,
Liam Lawson, Scott Wylie, Mason Littlejohn, Colton Hotchkiss, Cole Marshall, Kyle
Laforge, Dominic Soares, Ashton Cannon, Gavin Smith, Wesley Verschuuren,
Keaton Gillman, Mason Doucette, Callum Selkirk, and Tyson Staples.
6.2 Presentation to the Clarington Minor Lacrosse U17 Team
Mayor Foster recognized the U17 Clarington Minor Lacrosse Team who won the
silver for Field Lacrosse in the A Division and competed at the Ontario Summer
Games and brought home the gold medal in the A Division, which is a first for
Clarington Minor Lacrosse. The team members include: Hayden Addison, Declan
Mitchell-Gill, Torren Zentner, Braxtin Howard, Kennen Withers, Landon Kenny,
Charlie Evans, Patrick Fee, Declan Ready, Liam Hackett, Kayden McBride-Hyde,
Teagan Hartnett, James Jemmott, Lincoln Boulanger, Caleb Hills, Matthew Souter,
Nolan Preston, Kayle Rayner, Kellar Kelusky, and Cooper Wilson.
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October 28, 2024
Council Minutes
3
6.3 Presentation by Todd Brown, President, Principal Planner, Monteith Brown
Planning Consultants, regarding Report CAO-007-24 - Parks, Recreation and
Culture Master Plan
Todd Brown, President, Principal Planner, Monteith Brown Planning Consultants,
was present regarding Report CAO-007-24 - Parks, Recreation and Culture Master
Plan. Using an electronic presentation, Todd provided overview of the project
purpose, project process, and reviewed the Draft Master Plan Feedback. T. Brown
outlined the changes made to finalize the Master Plan and reviewed the next step
for implementation once approved by Council. Todd answered questions from
Members of Committee.
6.4 Delegation by Lisa Kletts, Junior Planner, D.G. Biddle and Associates,
regarding Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74
Residential Units at 922 Green Road, Bowmanville
Lisa Kletts, Junior Planner, D.G. Biddle and Associates, was present regarding
Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74 Residential
Units at 922 Green Road, Bowmanville. Lisa provided an overview of the
application and noted they have reviewed the concerns with the environmental
impact study, traffic and grading. L. Kletts added that the Central Lake Ontario
Conservation Authority (CLOCA) has reviewed the environmental impact study. Lisa
answered questions from the Members of Council.
6.5 Pankaj Panchal, Unity in Diversity, regarding a request for Fireworks during
Diwali
Pankaj Panchal, Unity in Diversity, was present regarding a request for fireworks
during Diwali without obtaining a permit. Pankaj explained that, although the fee is
waived, they are required to apply for a Fireworks Permit for the Municipality of
Clarington. P. Panchal referred to a handout that was distributed to the Members of
Council and noted that Oshawa, Whitby, Ajax and Pickering allow for fireworks
during Diwali. Pankaj concluded by requesting that Clarington waive the permit
application requirement for Diwali fireworks.
Resolution # C-108-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That status quo remain, regarding a request by Pankaj Panchal to remove the
requirement for a permit for Diwali fireworks, and
That Staff report back on the number of permits issued and the outcomes of those
permits (i.e. complaints).
Carried
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October 28, 2024
Council Minutes
4
6.6 John Colville regarding Report PDS-041-24 - Draft Plan of Subdivision and
Rezoning for 74 Residential Units at 922 Green Road, Bowmanville
John Colville was present regarding Report PDS-041-24 - Draft Plan of Subdivision
and Rezoning for 74 Residential Units at 922 Green Road, Bowmanville. John has
spoken previously and has the same concerns. J. Colville has concerns with traffic,
speeding, noise and drainage. John also noted the concerns with the blast noise
from St. Marys. J. Colville feels there will be impacts to the wells in the area and
that it is being built on a flood plain. John asked for clarification on the zoning of the
property and believes development will be in contradiction to the Zoning By-law and
the Clarington Official Plan. John answered questions from the Members of Council.
Recess
Resolution # C-109-24
Moved by Councillor Elhajjeh
Seconded by Councillor Anderson
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 8:52 p.m. with Mayor Foster in the Chair.
Alter the Agenda
Resolution # C-110-24
Moved by Councillor Zwart
Seconded by Councillor Rang
That the Agenda be altered to consider Report PDS-041-24 - Draft Plan of
Subdivision and Rezoning for 74 Residential Units at 922 Green Road,
Bowmanville (Item 6.1 of the Planning and Development Committee Minutes), at
this time.
Carried
Page 46
October 28, 2024
Council Minutes
5
Report PDS-041-24 - Draft Plan of Subdivision and Rezoning for 74
Residential Units at 922 Green Road, Bowmanville (Item 6.1 of the Planning
and Development Committee Minutes)
Resolution # C-111-24
Moved by Councillor Rang
Seconded by Councillor Anderson
That Report PDS-041-24 and any related delegations or communication items, be
received;
That the Zoning By-law Amendment application submitted by 1494339 Ontario
Limited be approved with minor modifications and the By-law contained in
Attachment 1 to Report PDS-041-24 be approved;
That the application for Draft Plan of Subdivision S-C-2022-0001 submitted by
1494339 Ontario Limited be supported, subject to the conditions approved by the
Deputy CAO of Planning and Infrastructure Services;
That once all conditions contained in the Clarington Official Plan and Zoning By-law
84-63 with respect to the removal of the (H) Holding Symbol and the conditions of
the Subdivision and Site Plan are satisfied, the By-law authorizing the removal of
the (H) Hold Symbol be approved by the Deputy CAO of Planning and
Infrastructure Services;
That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PDS-
041-24 and Council’s decision; and
That all interested parties and any delegations be advised of Council’s decision.
Carried
7. Consent Agenda
7.1 Council and Standing Committee Minutes
7.1.1 Minutes from the regular meeting of Council dated September 23, 2024
Resolution # C-112-24
Moved by Councillor Elhajjeh
Seconded by Councillor Anderson
That the minutes from the regular meeting of Council dated September 23, 2024,
be adopted.
Carried
Page 47
October 28, 2024
Council Minutes
6
7.1.2 Minutes from the General Government Committee Meeting dated October 7,
2024
Resolution # C-113-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the minutes from the General Government Committee meeting dated October
7, 2024, be approved.
Carried
7.1.2.1 Correspondence from Stacey Hawkins, Executive Officer, Durham Region
Homes Builders' Association, regarding Report FSD-040-24, Green
Development Framework – Update and Program Implementation
This matter was considered during Item 6.7 of the General Government Committee
Minutes.
7.1.3 Minutes from the Planning and Development Committee Meeting dated
October 21, 2024
Resolution # C-114-24
Moved by Councillor Woo
Seconded by Councillor Zwart
That the minutes from the Planning and Development Committee meeting dated
October 21, 2024, be adopted with the exception of Items 7.1 and Item 6.1 which
was considered earlier in the meeting.
Carried
Item 7.1 - CAO-006-24 - Clarington Cellular Service Enhancement Project
Resolution # C-115-24
Moved by Councillor Anderson
Seconded by Councillor Rang
That Report CAO-006-24, and any related delegations or communication items, be
received;
That Staff be directed to negotiate an agreement with Shared Tower Inc. for the
construction and operation of telecommunication towers at Fire Station 1, Fire
Station 3, and South Courtice Arena as identified in Report CAO-006-24;
That Staff be directed to negotiate an agreement with Shared Tower Inc. for the
construction and operation of a telecommunications antenna / tower system to
support addressing cellular coverage gaps in north Bowmanville, subject to
identifying an appropriate Municipally owned property location;
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October 28, 2024
Council Minutes
7
That the CAO be delegated the authority to execute the agreements or any other
required documents, in a form satisfactory to the Deputy CAO, Legislative Services
/ Solicitor;
That Staff be directed to support Shared Tower Inc. in seeking the necessary carrier
agreements to advance licensing and construction of the antenna systems as
quickly as possible;
That Staff be directed to negotiate agreements with Shared Tower Inc. for the
construction and operation of telecommunication towers at Solina Community Hall
and Tyrone Community Centre and that the respective Hall Boards be engaged and
consulted as part of the process.
That all interested parties listed in Report CAO-006-24, and any delegations be
advised of Council’s decision.
Carried
7.1.3.1 Memo-009-24 - Clarington Cellular Service Enhancement Project - Update
(Item 7.1)
This matter was considered during the discussion of Item 7.1 of the Planning and
Development Committee Minutes.
7.2 Advisory Committee and Local Board Minutes
Resolution # C-116-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That all Items listed in Section 7.2, be approved on consent in accordance with the
agenda, with the exception of Item 7.2.8.
Carried
7.2.1 Minutes from the Newcastle Village Community Hall Board meetings dated
April 16, May 21, June 18, September 17 and October 9, 2024
That the minutes from the Newcastle Village Community Hall Board meeting dated
April 16, May 21, June 18, September 17, and October 8, 2024, be received for
information.
7.2.2 Minutes from the Newcastle Memorial Arena Board meeting dated September
10 (Revised) and October 8, 2024
That the minutes from the Newcastle Memorial Arena Board meeting dated
September 10 (revised) and October 8, 2024, be received for information.
7.2.3 Minutes from the Bowmanville Santa Clause Parade Committee meeting dated
September 11 and October 9, 2024
That the minutes from the Bowmanville Santa Claus Parade Committee meeting
dated September 11 and October 9, 2024, be received for information.
Page 49
October 28, 2024
Council Minutes
8
7.2.4 Minutes from the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated September 17, 2024
That the minutes from the Samuel Wilmot Nature Area Management Advisory
Committee meeting dated September 17, 2024, be received for information.
7.2.5 Minutes from the Clarington Heritage Committee meeting dated September
17, 2024
That the minutes from the Clarington Heritage Committee meeting dated
September 17, 2024, be received for information.
7.2.6 Minutes from the Tyrone Community Hall Board meeting dated September 25,
2024
That the minutes from the Tyrone Community Hall Board meeting dated September
25, 2024, be received for information.
7.2.7 Minutes from the Clarington Agricultural Advisory Committee meeting dated
August 8 and October 10, 2024
That the minutes from the Clarington Agricultural Advisory Committee meeting
dated October 10, 2024, be received for information.
7.2.8 Minutes from the Clarington Diversity Advisory Committee meeting dated
October 17, 2024
Resolution # C-117-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That the minutes from the Clarington Diversity Advisory Committee meeting dated
October 17, 2024, be received for information.
Carried
7.2.8.1 Motion regarding consideration for a Cricket Pitch in the Parks, Recreation
and Culture Master Plan
Resolution # C-118-24
Moved by Councillor Anderson
Seconded by Councillor Rang
That the PRC Master Plan give some priority to identifying a space for a proper
cricket pitch given that the demand for such a pitch is growing and the current pitch
is not useable.
Motion Lost
7.3 Communications
7.4 Staff Reports and Staff Memos
Page 50
October 28, 2024
Council Minutes
9
7.5 By-laws
Resolution # C-119-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That leave be granted to introduce By-laws 2024-045 to 2024-049; and
That the said by-laws be approved.
Carried
7.5.2 2024-045 - Being a by-law to close and to authorize the sale of part of a road
allowance
7.5.3 2024-046 - Being a By-law to establish, lay out and dedicate certain lands as
public highways Clarington, to assume certain streets within Clarington as
public highways in Clarington, and to name them.
7.5.4 2024-047 - Being a By-law to establish, lay out and dedicate certain lands as
public highways Clarington, to assume certain streets within Clarington as
public highways in Clarington, and to name them.
7.5.5 2024-048 - Being a By-law to establish, lay out and dedicate certain lands as
public highways Clarington, to assume certain streets within Clarington as
public highways in Clarington, and to name them.
7.5.6 2024-049 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
7.5.1 2024-044 - Being a By-law to amend the Exotic Animal By-law 2012-045 that
regulates prohibited animals in the Municipality of Clarington
Resolution # C-120-24
Moved by Councillor Woo
Seconded by Councillor Anderson
That By-law 2024-044, be referred back to Staff for consideration of the concerns
noted in the Agricultural Advisory Committee minutes dated October 10, 2024.
Motion Lost
Resolution # C-121-24
Moved by Councillor Woo
Seconded by Councillor Rang
That leave be granted to introduce By-law 2024-044; and
That the said by-law be approved.
Carried
Page 51
October 28, 2024
Council Minutes
10
8. Items for Separate Discussion
9. Business Arising from Procedural Notice of Motion
10. Unfinished Business
10.1 Report CAO-007-24 - Parks, Recreation and Culture Master Plan – Final
Report
Resolution # C-122-24
Moved by Councillor Rang
Seconded by Councillor Anderson
That Report CAO-007-24, and any related delegations or communication items, be
received;
That the Parks, Recreation and Culture Master Plan, attached to Report CAO-007-
24, as Attachment 1, be endorsed;
That the CAO be directed to develop a five-year action plan, inclusive of a financing
strategy, to address top short-term priorities identified in the Parks, Recreation and
Culture Master Plan, and report back to Council in Q1 2025;
That Council recognize and consider feedback received as part of the community
survey related to special projects and prioritizing future investment;
That all interested parties listed in Report CAO-007-24, and any delegations be
advised of Council’s decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Absent (1): Councillor Traill
Carried as amended on a recorded vote (6 to 0)
Resolution # C-123-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That the foregoing Resolution #C-122-24 be amended by adding the following:
That the CAO, on behalf of Council, explore opportunities that may present
itself to meet the cultural needs of the community for a large field suitable for
Ribfest, concerts, and cultural events.
Carried
The foregoing Resolution #C-122-24 was then put to a recorded vote and carried as
amended.
Page 52
October 28, 2024
Council Minutes
11
Main Motion as Amended
Resolution # C-124-24
That Report CAO-007-24, and any related delegations or communication items, be
received;
That the Parks, Recreation and Culture Master Plan, attached to Report CAO-007-
24, as Attachment 1, be endorsed;
That the CAO be directed to develop a five-year action plan, inclusive of a financing
strategy, to address top short-term priorities identified in the Parks, Recreation and
Culture Master Plan, and report back to Council in Q1 2025;
That Council recognize and consider feedback received as part of the community
survey related to special projects and prioritizing future investment;
That the CAO, on behalf of Council, explore opportunities that may present itself to
meet the cultural needs of the community for a large field suitable for Ribfest,
concerts, and cultural events; and
That all interested parties listed in Report CAO-007-24, and any delegations be
advised of Council’s decision.
10.1.1 Correspondence from Steven Cooke and Tenzin Shomar, Clarington Public
Library Board regarding Parks, Recreation and Culture Master Plan
This matter was considered during the discussion of Item 10.1, Report CAO-007-24
- Parks, Recreation and Culture Master Plan – Final Report
10.2 Memo-008-24 - Budget Decision on the Cafeteria Building at Camp 30
Resolution # C-125-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
Whereas at the September 16, 2024, Special General Government Committee,
PUB-012-24 provided the following recommendation: “That Council consider the
financial investment required to stabilize the cafeteria building as part of future
plans for the Jury Lands; and any decision be deferred to October 28, 2024,
Council Meeting, alongside the Parks, Recreation, and Culture Master Plan”;
Whereas the emergency stabilization and abatement work are estimated to be
$4.5m with potential unknown cost escalation;
Whereas the Jury Land Foundation committed to fundraising to offset the cost for
the preservation of the Cafeteria Building at Camp 30; and,
Whereas Staff have identified the need to preserve the Heritage Significance of this
site and that a Heritage Impact Assessment be undertaken to provide alternative
options and costing to commemorate Camp 30.
Page 53
October 28, 2024
Council Minutes
12
Therefore, be it resolved that:
1. That Staff be directed to undertake a Heritage Impact Assessment to provide
alternative options and costing to commemorate the building rather than full
restoration, including consulting with the Heritage Committee and Jury Lands
Foundation; and,
2. That Staff report back to Council with the findings of the Heritage Impact
Assessment and provide recommendations.
Carried
10.3 Bowmanville Zoo Lands Park Master Plan
Resolution # C-126-24
Moved by Councillor Rang
Seconded by Councillor Woo
That Council authorize Staff to implement the recommendations of the Bowmanville
Zoo Lands Master Plan by issuing a Request for Proposal to select a qualified
consultant to advance the Master Plan concept into detailed design for Phase I –
Trails; and
That Council allocate $1,112,500.00 for Phase I – Trails to start construction in 2025
with a trail opening to the public in 2026.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
Absent (1): Councillor Traill
Carried on a recorded vote (6 to 0)
11. Confidential Items
Closed Session
Resolution # C-127-24
Moved by Councillor Anderson
Seconded by Councillor Elhajjeh
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended,
the meeting be closed for the purpose of discussing the following:
a matter that deals with litigation or potential litigation, including matters
before administrative tribunals, affecting the municipality or local board; and
a matter that deals with advice that is subject to solicitor-client privilege,
including communications necessary .
Carried
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October 28, 2024
Council Minutes
13
Recess
Resolution # C-128-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9:56 p.m. with Mayor Foster in the Chair.
11.1 Verbal Update from the Deputy CAO/Solicitor regarding Camp 30 OLT Appeals
11.2 Report CAO-008-24 - A matter related to a position, plan, procedure, criteria or
instruction to be applied to any negotiations carried on or to be carried on by
or on behalf of the municipality or local board
Rise and Report
The meeting resumed in open session at 10:32 p.m.
Mayor Foster advised that two items were discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was
passed to provide direction to staff.
12. Confirming By-Law
Resolution # C-129-24
Moved by Councillor Rang
Seconded by Councillor Elhajjeh
That leave be granted to introduce By-law 2024-050, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 28th day of October, 2024; and
That the said by-law be approved.
Carried
13. Adjournment
Resolution # C-130-24
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the meeting adjourn at 10:33 p.m.
Carried
Page 55
1
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General Government Committee
Minutes
Date:
Time:
Location:
November 4, 2024
9:30 a.m.
Council Chambers or Electronic Participation
Municipal Administrative Centre
40 Temperance Street, 2nd Floor
Bowmanville, Ontario
Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor S. Elhajjeh,
Councillor L. Rang, Councillor C. Traill, Councillor W. Woo,
Councillor M. Zwart
Staff Present: M. Dempster, J. Newman, L. Turcotte, R. Maciver, T. Pinn, D.
Lyons, M. Perini
Other Staff Present: A. Micu
_____________________________________________________________________
1. Call to Order
Councillor Woo called the meeting to order at 9:31 a.m.
Councillor Traill joined later in the meeting at 9:35 a.m.
2. Land Acknowledgement Statement
Mayor Foster led the meeting in the Land Acknowledgement Statement.
3. Declaration of Interest
There were no disclosures of interest stated at this meeting.
4. Announcements
Members of Committee announced upcoming community events and matters of
community interest.
Councillor Traill joined the meeting.
5. Presentations/Delegations
5.1 Delegation by Marian Timmermans, Board Member, Marigold Hospice Care,
Regarding Marigold Hospice Care Update
Marian Timmermans, Board Member, Marigold Hospice Care, was present
regarding an Update on the Marigold Hospice. Using an electronic presentation,
Marian stated that the grand opening will be in Fall 2025.
Page 56
General Government Committee Minutes
November 4, 2024
2
M. Timmermans provided an overview of their current budget and their capital
and operating budget for 2024-2025. Marian outlined their construction budget
and noted that more than half was awarded through a legal tender process. M.
Timmermans explained they need to raise $1,000,000 to acquire essential
furnishings, fixtures, and equipment and requested Council's support in raising
$800,000 to ensure their operations run smoothly. Marian answered questions
from Members of Committee.
Resolution # GG-165-24
Moved by Mayor Foster
Seconded by Councillor Anderson
That the Delegation of Marian Timmermans, Board Member, Marigold Hospice
Care, regarding Marigold Hospice Care Update, be received with thanks; and
That Staff engage with Marigold Hospice Care to consider appropriate
recognition for the Board members.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Traill, Councillor Woo, and Councillor Zwart
Carried on a recorded vote (7 to 0)
6. Consent Agenda
Resolution # GG-166-24
Moved by Councillor Elhajjeh
Seconded by Councillor Rang
That all Items listed in Section 6, with the exception of Items 6.2, 6.3, and 6.11,
be approved, in accordance with the Agenda.
Carried
6.1 LGS-038-24 - Municipal Law Enforcement Division Service Delivery Review
Implementation Response
Resolution # GG-167-24
That Report LGS-038-24, and any related delegations or communication items,
be received for information.
6.4 FSD-045-24 - Supply and Delivery of Two Vacuum Mounted Sweeper Trucks
Resolution # GG-168-24
That Report FSD-045-24, and any related delegations or communication items,
be received;
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General Government Committee Minutes
November 4, 2024
3
That Nexgen Municipal Inc. with a total bid amount of $1,182,761.00 (Net HST)
being the lowest compliant bidder meeting all terms, conditions and
specifications of SS2024-5 be awarded the contract for the Supply and Delivery
of Two Vacuum Mounted Sweeper Trucks;
That the total estimated funds required for this project in the amount of
$1,187,625.00 (Net HST) for truck costs and other costs such as licensing,
radios, GPS units, and Clarington lettering and striping in the amount of
$4,864.00 (Net HST) be funded by the Municipality as follows:
Description Account Number Amount
Fleet Replacement Roads - (2024) 110-36-388-
83642-7401
$904,500
Additional Funds - Municipal Capital Works
Reserve Fund
100-36-388-
83642-7401
283,125
That all interested parties listed in Report FSD-045-24, and any delegations be
advised of Council’s decision.
6.5 FSD-046-24 - Purchasing By-law Review 2024
Resolution # GG-169-24
That Report FSD-046-24, and any related delegations or communication items,
be received;
That the By-law attached to Report FSD-046-24, as Attachment 1, be approved;
and
That all interested parties listed in Report FSD-046-24, and any delegations be
advised of Council’s decision.
6.6 FSD-047-24 - Supply and Haulage of Granular Material
Resolution # GG-170-24
That Report FSD-047-24, and any related delegations or communication items,
be received;
That Robert E. Young Construction Ltd. having successfully completed the initial
one-year term with a total bid amount of $219,999.94 (Net HST), be awarded the
second-year term with a total estimated bid amount of $165,487.87 (Net HST),
being the lowest compliant bidder meeting all terms, conditions and
specifications of CL2023-32 for Supply and Haulage of Granular Material;
That pending satisfactory performance and price, the Manager, Procurement, in
consultation with the Director of Public Works, be given the authority to extend
the contract for this service for up to three additional one-year terms for a total
estimated five-year contract value of $1,100,000 (Net HST);
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November 4, 2024
4
That the total estimated funds required for this project for the second-year term in
the amount of $165,487.87 (Net HST) be funded by the Municipality as provided.
The estimated funds required for the third, fourth and fifth-year terms are
included in future budget accounts:
Description Account Number Amount
100-36-382-10280-7112 GR PATCH/RESURF-MISC
OPER SUPPLY
$165,487.87
That all interested parties listed in Report FSD-047-24, and any delegations be
advised of Council’s decision.
6.7 FSD-048-24 - Supply and Delivery of One-Ton Dump, Two-Ton Dump and
Chipper Trucks
Resolution # GG-171-24
That Report FSD-048-24, and any related delegations or communication items,
be received;
That Finch Auto Group with a bid amount of $288,947.52 (Net HST) being the
low, compliant bidder meeting all terms, conditions and specifications of CL2024-
34 be awarded the contract for the supply and delivery of three one-ton dump
trucks;
That Blue Mountain Chrysler Ltd. with a bid amount of $137,416.70 (Net HST)
being the low, compliant bidder meeting all terms, conditions and specifications
of CL2024-34 be awarded the contract for the supply and delivery of one two-ton
dump truck;
That Downtown Autogroup with a bid amount of $278,946.55 (Net HST) being
the low, compliant bidder meeting all terms, conditions and specifications of
CL2024-34 be awarded the contract for the supply and delivery of two chipper
trucks;
That the total estimated funds required for this project in the amount of $712,950
(Net HST) include $705,310.77 (Net HST) for three one-ton dump trucks, one
two-ton dump truck and two chipper trucks, and other costs such as licensing,
radios, GPS units and Clarington decal lettering and striping in the amount of
$7640 (Net HST) be funded by the Municipality as provided:
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Description Account Number Amount
Fleet Replacement Roads - (2024) 110-36-388-83642-
7401
$335,925
Fleet Replacement Roads - (2023) 110-36-388-83642-
7401
97,589
Fleet New Parks – (2024) 110-36-388-83616-
7401
$140,746
That all interested parties listed in Report FSD-048-24, and any delegations be
advised of Council’s decision.
6.8 FSD-049-24 - Supply and Delivery of Various Vehicles
Resolution # GG-172-24
That Report FSD-049-24, and any related delegations or communication items,
be received;
That Forbes Motors Inc. with a bid amount of $106,025.76 (Net HST) being the
low, compliant bidder meeting all terms, conditions and specifications of CL2024-
35 be awarded the contract for the supply and delivery of two full electric SUVs;
That Blue Mountain Chrysler Ltd. with a bid amount of $292,254.72 (Net HST)
being the low, compliant bidder meeting all terms, conditions and specifications
of CL2024-35 be awarded the contract for the supply and delivery of four crew
cab ¾ ton pick-up trucks;
That Downtown Autogroup with a bid amount of $397,381.78 (Net HST) being
the low, compliant bidder meeting all terms, conditions and specifications of
CL2024-35 be awarded the contract for the supply and delivery of two full electric
half-ton crew cab 4x4 pick-up trucks, one standard cab ¾ ton long box 4x4 pick-
up truck, and two crew cab one-ton 4x4 pick-up trucks;
That the total estimated funds required for this project in the amount of $817,225
(Net HST) include $795,662.25 (Net HST) for vehicle costs and other costs such
as licensing, radios, GPS units and Clarington decal lettering and striping in the
amount of $21,563 (Net HST) be funded by the Municipality as provided:
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Description Account Number Amount
Fleet Replacement Roads - (2023) 110-36-388-83642-
7401
$65,003
Fleet Replacement Roads - (2024) 110-36-388-83642-
7401
285,516
Green Fleet Replacement Roads – (2024) 110-36-388-83645-
7401
65,844
Fleet New Parks – (2024) 110-36-388-83616-
7401
150,048
C/S FAC Admin – Fleet – (2024) 110-42-388-83691-
7401
140,868
MLEO Fleet Replacement – (2024) 110-19-388-81917-
7401
109,946
That all interested parties listed in Report FSD-049-24, and any delegations be
advised of Council’s decision.
6.9 PUB-016-24 - Civic Recognition and Dedication Program
Resolution # GG-173-24
That Report PUB-016-24, and any related delegations or communication items,
be received.
That Council adopt the proposed draft Civic Recognition and Dedication Policy,
attached as Attachment 1, to identify the programs in place by the Municipality to
recognize or memorialize individuals and organizations for their outstanding
achievements or contributions to the community;
That Council repeal the following polices:
a. Flag Protocols Policy F105
b. War Dead and War Veteran Names for Streets Policy PSD-DG010
c. Recognition of Individuals in Memoriam Policy PSD-DG014
That Council provide Staff the authority to manage changes in funding categories
to the Community Funding Program through a Management Directive, including
the recommendations in this policy and future updates to align with corporate
priorities.
That all interested parties listed in Report PUB-016-24, and any delegations be
advised of Council’s decision.
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6.10 PUB-017-24 - Support for Climate-Ready Plans and Processes Grant
Program
Resolution # GG-174-24
That Report PUB-017-24, and any related delegations or communication items,
be received;
That Council direct and support Staff to apply for the funding opportunity from the
Federation of Canadian Municipalities' Local Leadership for Climate Action
initiative to support the development of a Community Climate Adaptation Plan;
That all interested parties listed in Report PUB-017-24, and any delegations be
advised of Council’s decision.
6.2 FSD-043-24 - South Bowmanville Recreation Complex Air Supported Dome
Structure
Resolution # GG-175-24
Moved by Mayor Foster
Seconded by Councillor Elhajjeh
That Report FSD-043-24, and any related delegations or communication items,
be received;
That the proposal received from Farley Manufacturing Inc., being the most
responsive bidder meeting all terms and conditions and specifications of
RFP2024-10 be awarded the contract for the Air Supported Dome Structure as
part of the South Bowmanville Recreation Complex (SBRC). The scope of work
will include assisting the Prime Architect, MJMA with full design/engineering,
assistance in preparing tender ready specifications, and drawings;
That the total funds required for this project in the amount of $3,362,401.75 (Net
HST Rebate) be funded from the approved budget; and
That all interested parties listed in Report FSD-043-24, and any delegations be
advised of Council’s decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
No (1): Councillor Traill
Carried on a recorded vote (6 to 1)
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6.3 FSD-044-24 - South Bowmanville Recreation Complex Skating Trail
Refrigeration Equipment
Resolution # GG-176-24
Moved by Councillor Zwart
Seconded by Councillor Rang
That Report FSD-044-24, and any related delegations or communication items,
be received;
That the proposal received from Cimco Refrigeration, being the most responsive
bidder meeting all terms and conditions and specifications of RFP2024-11 be
awarded the contract for the Skating Trail Refrigeration Equipment as part of the
South Bowmanville Recreation Complex (SBRC). The scope of work will include
assisting the Prime Architect, MJMA with full design/engineering, assistance in
preparing tender ready specifications, and drawings;
That the total funds required for this project in the amount of $1,471,042.56 (Net
HST Rebate) be funded from the approved budget; and
That all interested parties listed in Report FSD-044-24, and any delegations be
advised of Council’s decision.
Yes (6): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Woo, and Councillor Zwart
No (1): Councillor Traill
Carried on a recorded vote (6 to 1)
6.11 PDS-047-24 - North Bowmanville Dog Park Update
Resolution # GG-177-24
Moved by Councillor Elhajjeh
Seconded by Councillor Rang
That Report PDS-047-24, and any related delegations or communication items,
be received;
That Council direct Staff to seek alternative Municipally owned locations for the
development of a dog park in north Bowmanville and report back with options in
Q1 2025; and
That all interested parties listed in Report PDS-047-24 and any delegations be
advised of Council’s decisions.
Yes (7): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Rang,
Councillor Traill, Councillor Woo, and Councillor Zwart
Carried on a recorded vote (7 to 0)
7. Items for Separate Discussion
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9
7.1 LGS-035-24 - Appointment to the Property Standards Committee
Resolution # GG-178-24
Moved by Councillor Zwart
Seconded by Mayor Foster
That Report LGS-035-24, and any related delegations or communication items,
be received;
That the resignation of Patricia Brazeau, be received;
That the Committee consider the applications for appointments to the Property
Standards Committee, and that the vote be conducted to appoint the citizen
representatives, in accordance with the Appointment to Boards and Committees
Policy; and
That all interested parties listed in Report LGS-035-24, and any delegations be
advised of Council’s decision.
Carried
Property Standards Committee
That Derek Hannan be appointed to the Property Standards Committee for a
term ending December 31, 2026, or until a successor is appointed.
7.2 Verbal Update by Mary-Anne Dempster, CAO, Regarding Building Faster
Fund
Mary-Anne Dempster, CAO, explained that the Town of Ajax and City of Pickering
have announced that they received the 2023 Building Faster Fund allocations
and noted that Clarington has not officially heard back from the re-assessment
request by Clarington. M. Dempster stated that Staff are discussing the matter
with the Ministry and will remain committed to the fact that Clarington met the
Provincial targets. Mary-Anne noted that Staff will continue to lobby the Provincial
government to obtain the $4,000,000 allocation.
Resolution # GG-179-24
Moved by Mayor Foster
Seconded by Councillor Rang
That Item 7.2, Verbal Update by Mary-Anne Dempster, CAO, Regarding Building
Faster Fund, be received for information.
Carried
8. Unfinished Business
9. New Business
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10
10. Confidential Items
10.1 LGS-036-24 - CUPE Negotiations for the Renewal Collective Agreement
Effective January 1, 2025
Resolution # GG-180-24
Moved by Mayor Foster
Seconded by Councillor Rang
That Report LGS-036-24 - CUPE Negotiations for the Renewal Collective
Agreement Effective January 1, 2025, be approved, in accordance with the
Closed Session Agenda.
Carried
10.2 LGS-037-24 - Courtice Waterfront Property
Resolution # GG-181-24
Moved by Mayor Foster
Seconded by Councillor Elhajjeh
That Report LGS-037-24 - Courtice Waterfront Property, be approved, in
accordance with the Closed Session Agenda.
Carried
11. Adjournment
Resolution # GG-182-24
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the meeting adjourn at 10:58 a.m.
Carried
Page 65
**Subject to Advisory Committee Approval**
Clarington Heritage Committee Meeting Minutes
October 15, 2024
- 1 -
If this information is required in an alternate format, please contact the Accessibility.
Co-ordinator at 905-623-3379 ext. 2131
Minutes of the Clarington Heritage Committee Meeting was held as a hybrid meeting
in person at 40 Temperance Street, Bowmanville, and via Microsoft Teams on
September 17, 2024, at 7:00 PM.
Members Present: Peter Vogel, Steve Conway, Ron Hooper, Heather Graham,
Joseph Dalrymple, Laura Thiel-Convery (Museum), Noel
Gamble, Colin Maitland, Sitara Welch, Brian Jose (NVDHS),
Victor Suppan, Councillor Elhajjeh
Regrets: Sher Leetooze (NVDHS), Ron Sproule, Jason Moore (ACO)
Staff Present: Sarah Allin, Jane Wang, Planning and Infrastructure
Services
Guests: Vincent J. Santamaura Vincent J. Santamaura, Architect Inc;
Bonica Leung, Director, Land Development, Tribute
Communities.
1 Declaration of Interest
There were no disclosures of interest stated at this meeting.
2 Land Acknowledgement Statement
P. Vogel read aloud Clarington’s Land Acknowledgement Statement.
3 Adoption of Agenda
24. 39 Moved by J. Dalrymple, seconded by S. Conway
That the Agenda be adopted.
“Carried”
4 Adoption of Minutes of Previous Meeting
24. 40 Moved by R. Hooper, seconded by J. Dalrymple
That the minutes of September 17, 2024, the Clarington Heritage Committee
meeting be adopted.
“Carried”
5 Delegations/Presentations:
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Clarington Heritage Committee Meeting Minutes
October 15, 2024
- 2 -
5.1 V. Santamaura, Vincent J. Santamaura, Architect Inc., presented the proposal of
the commemoration plan for the property at 1246 Prestonvale Road Courtice. The
HIA concluded property did not meet the criteria for designation under the Ontario
Heritage Act. The Committee requested to commemorate the heritage of the farm
(including Beaver Dairy Farm). The commemoration plan proposed naming the
streets and a park related to Beaver Dairy Farm and John Found. A
commemorative cairn is proposed to be located in the park within the proposed
development. Interpretive panels are proposed to be located in the park and on
trails. The design of the cairn and panel and the texts were provided. The locations
of the cairn and panels will be confirmed with Parks staff. The Committee
commented on the missing information on the Worden family, other significant
local residents, and the acknowledgment of Indigenous people, and other text
suggestions. The Committee members made suggestions to improve the
commemoration plan, including using old stones from the Worden well for the
cairn, and potential QR code information.
6 Business Arising
6.1 Upcoming Recommendation Report for Lambert House – Lakeridge Health
Hospital Redevelopment Project
Staff provided an update that the staff recommendation report regarding the
Lambert House relocation -Lakeridge Health Hospital Redevelopment Project will
be considered at the Planning and Development Committee meeting on October
23, 2024.
6.2 Updates on the Waverley Place Renovation Project
Staff provided an update on the progress of the Waverley Place Renovation
project. The accessibility ramp has been constructed, and the chimney has been
repaired. The porch columns will no longer be using fibreglass material. The
column bases and capitals are intended to be recreated from premium Accoya
wood products. The Committee will be updated on the design of the porch
columns bases and capitals.
7 Project Reports
7.1 Municipal Inventory/ Register:
V. Suppan discussed with the Committee regarding receiving evaluation materials.
The Committee considered that approximately ten days in advance is beneficial so
that Committee members would have sufficient time to review the materials.
The Committee discussed and explored the ways to commemorate the spot
locations, for example the location of the Camp 30 tunnel under Lambs Road.
Heritage recognition features are considered a good option.
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Clarington Heritage Committee Meeting Minutes
October 15, 2024
- 3 -
V. Suppan raised the discussion on the property 3330 Highway 2. Which is linked
with the first fish hatchery.
24.41 Moved by V. Suppan, seconded by S. Conway.
That the Clarington Heritage Committee recommends to Council that the property
at 3330 Highway 2, Newcastle, be added to the Municipal Register under Section
27 of the Ontario Heritage Act
“Carried”
Staff will research the Municipality’s authority over the province-owned property on
heritage matters.
24.42 Moved by V. Suppan, seconded by N. Gamble
That the discussion on the parkland around the Belmont House be added to the
Heritage Committee meeting agenda as a standing item.
“Carried”
24.43 Moved by V. Suppan, seconded by N. Gamble
That the property map at 40 Temperance Street be updated to provide accurate
information to the public.
“Carried”
7.2 Public Outreach/Education
N. Gamble made suggestions to the Public Outreach/Education subcommittee and
expressed an interest in joining it. The subcommittee will work on communication
and program development for public outreach and education activities, and the QR
code program.
Heritage Barn Project No updates
8 Correspondence and Council Referrals: No updates
9 New Business:
Heritage Permit Application
9.1 Belmont House tree removal
A tree in front of Belmont House, a heritage attribute, is proposed to be removed
due to its condition. A report, dated September 10, 2024, by HENRY
KORTEKAAS&ASSOVCIATES INC. was submitted to demonstrate the issues with
the health of the tree and recommended removal. The Committee discussed the
issue.
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**Subject to Advisory Committee Approval**
Clarington Heritage Committee Meeting Minutes
October 15, 2024
- 4 -
24.44 Moved by J. Dalrymple, seconded by N. Gamble
The Heritage Committee supports the removal of the tree, which is a heritage
attribute identified on the landscaping drawing, and suggests replacing it with a
same species tree.
“Carried”
This will be addressed as an amendment to the Heritage Permit.
9.2 Heritage Permit Application: HPA 2024-006; 40 Temperance Street
The Municipality is working on the upkeep and maintenance related construction
of the Municipal Administration Centre building at 40 Temperance Street and
landscaping within the Veteran Square. The proposal and design details were
presented to the Committee in February. The proposal is updated that the brick
replacement originally proposed is not being done at this time. The building's
upper trim is being repainted with the same colour.
24.45 Moved by R. Hooper, seconded by J. Dalrymple
That the Committee recommends approval of the revised proposal to restore
ramps, stairs, and Veteran’s Square landscaping and building trim painting for 40
Temperance St, Bowmanville, as a minor alteration that is subject to the Deputy
CAO of Planning & infrastructure Service’s approval, as detailed in drawings by
Barry Bryan Associates, dated Oct. 2022 and HENRY KORTEKAAS &
ASSOCIATES INC. dated, May 2023.
9.3 Heritage Permit Application HPA 2024-0007;143 Simpson Ave
The Municipality proposed the accessibility improvement work at 143 Simpson
Ave, Bowmanville (Visual Art Centre). The proposal is to remove and replace the
accessibility ramp, stairs and railing of the main entrance on the north side of the
building. The initial work was presented to the Committee in February. The
Committee requested more information on the measures that will be implemented
to prevent the negative impacts of water and salt on the original bricks.
9.4 Heritage Commemorative Plan: 1246 Prestonvale Road Cairn
The Committee further discussed the commemoration plan proposal. Staff will
circulate the proposed commemoration text to Committee members for a 10-day
comment period. Staff will consolidate the comments and provide them to the
applicant.
9.5 1697 and 1701 Highway - Commemorative Cairn
The Committee reviewed and discussed the commemorative cairn design and
location. The Committee suggested the Cairn be as close to Highway 2
as practical.
9.6 Heritage Impact Assessment -1738 Bloor Street
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**Subject to Advisory Committee Approval**
Clarington Heritage Committee Meeting Minutes
October 15, 2024
- 5 -
The Committee reviewed the HIA supporting planning applications for the
property and discussed the proposal. The Committee maintained its original
recommendation to designate the property under the Ontario Heritage Act.
9.7 Heritage Impact Assessment - 3187 Middle Road
The Committee mentioned the history of the effort to maintain the building. There
is no action that can be taken from a heritage perspective.
9.8 Planning and Infrastructure Services Management team changes
New Deputy CAO, head of Planning and Infrastructure Services, Darryl Lyons,
joined the Municipality.
10 Other Committee Updates:
10.1 Bowmanville, Orono and Newcastle CIP: No updates
10.2 ACO—Clarington Branch: No updates
10.3 NVDHS – B. Jose gave updates on NVDHS public engagement activities,
including presentations and kids' tours. The information digitalization program has
made progress.
10.4 Museum: No updates
10.5 Heritage Conservation District: No updates
10.6 Wilmot Creek Heritage Park: No updates
10.7 Jury Lands Foundation: No update. Next meeting October 16
11 Standing items:
11.1 81 Scugog Street: A Committee member noticed that more work had been done
on the porch. Staff had tried to contact the property owner several times. Staff will
explore another tool to get in touch with the property owner.
11.2 Fletcher Tree: No updates
.
Adjournment: 9:30 p.m.
Next Meeting: November 19, 2024, 7:00 p.m.
Page 70
NEWCASTLE COMMUNITY HALL BOARD
Meeting October 15, 2024, 7:00 PM
Council Chambers
In Attendance: C. Yaki, Chair
B. Carmichael
J. Calder-Rowsell
V. Wong
Regrets: W. Woo, Regional Councillor
Absent: P. Martin
Staff In Attendance: J. Tutak, Secretary(left meeting at 8:52pm)
1. Call to Order
Chair C. Yaki called the meeting to order at 7:00pm
2. Land Acknowledgement
C. Yaki opened the meeting with the Land Acknowledgement statement and reading from
Braiding Sweetgrass.
3. Approval of Agenda
Motion to approval the agenda with the addition under Unfinished Business of the
historically significant dress paintings, shed and Board Terms.
Motion made by V. Wong, seconded by J. Calder-Rowsell
Carried
4. Approval of Minutes
Motion to approve the minutes from October 8th 2024
Motion made by J. Calder-Rowsell, seconded by B. Carmichael
Carried
5. Budget
Motion to approve 2025 budget made by J. Calder-Rowsell, seconded by V. Wong
Carried
6. Unfinished Business
6.1 Concert fundraiser
B. Carmichael reported cancellation policy is up to 2 days before the concert but they retain
50% deposit. Board would like more information before deciding on the concert.
Page 71
6.2 Historically significant dress Paintings
Chair C. Yaki to get more information on the exact hanging details of the painting from the
Historical Society and understand if these paintings are removeable depending on event
requests.
6.3 Board Terms
Motion made by C.Yaki to accept her resignation as of December 31, 2024 and Board to
appoint pending vacancy, seconded by J. Calder-Rowsell
Carried
6.4 Shed
B. Carmichael suggested a 10’ wide x 6’ deep to store excess garbage and replace existing
commercial garbage bin. C. Yaki will follow up to understand if there has been a change in
the way the garbage is being stored and disposed and whether there is a need for a change
in existing bin/process.
7. Closed Session 8:52pm
Motion made that in accordance with Section 239 (2) of the Municipal Act, 2001, the
meeting be closed for the purpose of discussing matter that deals with:
• Personal information about an identifiable individual including employees.
Motion made by V. Wong, seconded by J. Calder-Rowsell
Carried
8. Rise and Report from Closed Session
Motion to Rise and Report on confidential items at 9:46pm.
Motion made by V.Wong, seconded by B. Carmichael
Carried
Chair C. Yaki advised that six items were discussed in “closed” session in accordance with
Section 239(2) of the Municipal Act, 2001, and one resolution was passed to provide
direction to Chair.
9. Adjournment
Motion was made to adjourn the meeting at 10:08pm
Motion made by V. Wong
Carried
Page 72
NOTICE OF MEETING
Special Meeting
Newcastle Community Hall Board of Directors
October 29, 2024 at 7:00pm
Council Chambers, 20 King Avenue W. Newcastle
In Attendance: C.Yaki, Chair
J.Calder-Rowsell
V.Wong
P. Martin
W.Woo, Regional Councillor
Absent: B. Carmichael
________________________________________________________________________
1. Call to Order
Chair C. Yaki called the meeting to order at 7:01pm
2. Land Acknowledgement
Chair C. Yaki opened the meeting with the Land Acknowledgement
Statement.
3. Approval of Agenda
Moved by V. Wong
Seconded by Councillor W. Woo
To alter the delivery of the agenda and have New Business/Updates moved
to item 5 on the agenda, with the following additions under New
Business/Updates:
5.1 Hall Lighting
5.2 Christmas Tree
Carried
Page 73
4. Declaration of Interest
There were no disclosures of interest stated at this meeting.
5. New Business/Updates
5.1 Hall Lighting
J. Calder-Rowsell advised Board that the exterior hall lighting has been
completed and is ready for BIA Hall Lighting event that will take place
on November 17th at 5pm and followed by the Santa Parade.
V. Wong questioned need for the Skeddadle advertisement lawns
signs. J. Calder-Rowsell will remove those signs this evening.
5.2 Christmas Tree
J.Calder-Rowsell notified the Board that the BIA Christmas Tree will
be installed near the fountain and bench at the east side of hall. For
installation they will require skids and a boom lift. All necessary
safety measures and insurance requirements have been put in place.
Installation will take place on November 15th at 8am. Skids will be left
for pickup on the grass in front of the gardens and boom lift will be
left at the west side of the hall. Pick up will be done prior to any
events booked for that day.
6. Confidential Items
Closed session 7:12 p.m.
Moved by Chair C. Yaki
Seconded by V. Wong
That in accordance with Section 239 (2) of the Municipal Act, 2001, as
amended, the meeting be closed for the purpose of discussing matter that
deals with
• Personal information about an identifiable individual including employees.
Carried
Rise and Report
Moved by J.Calder-Rowsell
Page 74
Seconded by P. Martin
The meeting resumed in open session at 8:26 p.m.
Chair C. Yaki advised that three items were discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and two
resolutions were passed.
Resolution # 1
Motion by P. Martin
Seconded by V. Wong
Chair, C. Yaki re-post job posting for the position of Office Administrator
October 29th, 2024, for one week with an applicant deadline to apply by
November 5th, 2024.
Carried
Resolution # 2
Moved by J. Calder-Rowsell
Seconded P. Martin
To accept B. Carmichael resignation from Board effective immediately.
Carried
7. Adjournment
Moved by V. Wong that the meeting adjourn at 8:30 p.m.
Carried
Page 75
The Corporation of the Municipality of Clarington Procurement By-law
By-law 2024-052
Table of Contents
Part 1 – Interpretation .............................................................................................................. 3
Definitions .............................................................................................................................. 3
Word Usage ........................................................................................................................... 7
Severability ............................................................................................................................. 7
References ............................................................................................................................. 7
Application and Restrictions ................................................................................................... 7
Part 2 – Responsibilities and Authorities ............................................................................... 8
Department Heads ................................................................................................................. 8
Approval Authority .................................................................................................................. 8
Signing Authority ..................................................................................................................... 9
Part 3 – Bid Types and Limits ................................................................................................. 9
Low Value Acquisitions (LVA) ................................................................................................. 9
Medium Value Acquisitions (MVA) .......................................................................................... 9
High Value Acquisitions (HVA) ............................................................................................... 9
Request for Tender................................................................................................................10
Requests for Proposal ...........................................................................................................10
Routine Purchases ................................................................................................................11
Unsolicited Proposals ............................................................................................................11
Non-Competitive Process (Sole and Single Source Purchases) and Negotiations .................11
Emergency Purchases ..........................................................................................................12
Product Demonstrations and Information ...............................................................................12
Pre-qualification .....................................................................................................................13
Bonds and Deposits ..............................................................................................................13
Changes to Bids under Call ...................................................................................................14
Withdrawal of Bids .................................................................................................................14
Absolute Right .......................................................................................................................14
Approval Limits and Reporting ................................................................................................14
Council Recess Procedures ..................................................................................................15
Consulting and Professional Services (Excluding Schedule “A” Exemptions) ........................16
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Co-operative Purchasing .......................................................................................................16
Part 4 – General Purchasing Policies ....................................................................................17
Default by Successful Bidder .................................................................................................17
Disqualification of Bidders .....................................................................................................17
Conflict of Interest .................................................................................................................18
Access and Disclosure ..........................................................................................................18
Records Retention and Destruction .......................................................................................18
Complaints and Inquiries .......................................................................................................18
Lobbying ................................................................................................................................19
Purchasing Cards ..................................................................................................................19
Disposal of Goods .................................................................................................................19
Over Expenditures .................................................................................................................19
Sustainable Procurements .....................................................................................................20
Accessibility for Ontarians with Disabilities Act, 2005 (AODA) ...............................................20
Part 5 – General Provisions ....................................................................................................20
By-law Review .......................................................................................................................20
Repeal ...................................................................................................................................20
Effective Date ........................................................................................................................20
Schedule “A” ...........................................................................................................................21
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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 2024-052
Being a By-law to provide policies and procedures for the procurement of
goods and services.
Whereas pursuant to section 270 of the Municipal Act, 2001, the Municipality is
required to establish and maintain policies with respect to its procurement of goods and
services;
And Whereas the Municipality wishes to procure goods and services in the most
efficient and cost-effective manner possible; and
And Whereas the Municipality is committed to ensuring that its procurement policies
and procedures are fair, open and transparent.
Now therefore the Corporation of the Municipality of Clarington hereby enacts as follows:
Part 1 – Interpretation
Definitions
1) For the purpose of this by-law,
“Acquisition” means the purchase of a Good and/or Service for use on a permanent
or temporary basis;
“Bid” means a Quotation, Tender or Proposal;
“Bidder” is a Person who responds to a Bid Solicitation;
“Bid Solicitation” means a request by the Municipality for Bids for the provision of
Goods and/or Services through an RFP, RFQ, RFT or other request permitted by
the terms of this by-law;
“CAO” means the Chief Administrative Officer of the Municipality or a designate;
“Clerk” means the Municipal Clerk of the Municipality or a designate;
“Committee” means the General Government Committee of Council;
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“Consulting and Professional Services” means services provided by architects,
engineers, designers, environmental consultants, surveyors, management and
financial consultants, bankers, auditors, brokers, soil consultants, web designers or
any other consultant or professional, but does not include any consulting and
professional services referred to in Schedule “A”;
“Contract” means any form of binding agreement between the Municipality and the
Contractor;
“Contractor” means any legal entity to whom a Contract is awarded;
“Co-operative Purchasing” means the participation of the Municipality with one or
more public agencies, school boards, vendors of record (Provincial), hospitals,
not-for-profit agencies or group procurement organizations in a Bid Solicitation;
“Council” means the Council of the Municipality;
“Department” means a Department of the Municipality identified on the annual
organization charts and reflected in the prevailing budget;
“Department Head” means the Deputy CAO of the Department or a designate;
“Emergency” means a situation or the threat of an impending situation which, in the
opinion of the CAO or a Department Head, requires an immediate Acquisition to
prevent serious delays, damage to a basic service, risk to health and safety,
financial loss or to maintain or restore a basic service provided by the Municipality;
“Expression of Interest” or “EOI” means general market research used prior to a
Bid Solicitation to determine if there is an interest in a proposed Acquisition;
“Goods and/or Services” means any goods and/or services required by the
Municipality other than goods and/or services listed in Schedule “A”;
“High Value Acquisition” or “HVA” means an Acquisition with a Total Cost of more
than $100,000;
“Local Board” means a local board (as that term is defined in the Municipal Act,
2001) of the Municipality;
“Low Value Acquisition” or “LVA” means an Acquisition with a Total Cost of $10,000
or less without the need to issue a Bid Solicitation;
“Manager of Procurement” means the Manager of Procurement for the Municipality
or a designate;
“Medium Value Acquisition” or “MVA” means an Acquisition with a Total Cost of
more than $10,000 and which does not exceed $100,000;
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“Municipality” means The Corporation of the Municipality of Clarington;
“Person” includes an individual, association, firm, partnership, corporation, union,
trust, organization, trustee or agent, and their heirs, executors, administrators,
successors and assigns;
“Personal Purchase” means a purchase of Goods and/or Services requested by an
elected official, an appointed official or by any other employee of the Municipality
that is not required for the purposes of the Municipality or a Local Board;
“Pre-qualification” means a procedure whereby a prospective Bidder satisfies the
Municipality that it is capable of supplying a particular Good and/or Service as a
condition of being allowed to submit a Bid;
“Proposal” means an offer from a Bidder made in response to an RFP;
“Purchase Order” means a Contract or a written acceptance of a Proposal, issued
on forms prescribed by the Manager of Procurement;
“Purchasing Card” means a credit card issued by the Manager of Procurement in
accordance with the Purchasing Card Policy;
“Quotation” means an offer from a Bidder made in response to an RFQ;
“Regional Bid” means a Bid submitted by a Bidder who owns a business within the
Regional Municipality of Durham;
“Request for Information” or “RFI” means a request used as general market
research tool to determine the availability of Goods and/or Services that will meet
business or operational requirements and Procurement strategies and/or to
estimate costs for the purpose of developing a Bid solicitation;
“Request for Pre-qualification” or “RFPQ” means a request with specific
qualification criteria used to identify and pre-select qualified Bidders for participation
in multistep procurement processes;
“Request for Proposal” or “RFP” means a form of Bid Solicitation in which the
Municipality invites one or more potential suppliers to submit proposals with respect
to the supply of particular Goods and/or Services, which the Manager of
Procurement in consultation with the Department Head, determines may be
dependent upon non-price factors and may require negotiations between a Bidder
and the Municipality before a Contract is made between them;
“Request for Quotation” or “RFQ” means a form of Bid Solicitation in which the
Municipality requests either informal quotations or formal quotations;
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“Request for Tender” or “RFT” means a form of Bid Solicitation in which the
Municipality publishes the specifications, terms, conditions and details concerning a
proposed Contract, and invites or advertises prospective Bidders to submit
Tenders;
“Responsive and Responsible Bidder” means a Person responding to a Bid
Solicitation who complies with its provisions and who can reasonably be expected
to provide satisfactory performance of a proposed Contract based on reputation,
references, performance on previous contracts, and proof of sufficient financial and
other resources;
“Roster” means a prequalified list of Persons that may respond to Bid
Solicitations and/or may be invited to compete for discrete work assignments, as
and when required;
“Single Source Purchase” means a non-competitive purchase where there are
other suppliers of the product or service available, however, for reasons such as
emergency, proprietary, matching existing equipment, health and safety concerns,
time constraints, or other reasons, the purchase is sourced to a specific vendor;
“Sole Source Purchase” means a non-competitive purchase where there is only
one supplier of the product or services and as a result a competitive quotation
process is not possible;
“Tender” means an offer received from a Bidder in response to an RFT;
“Term Order” means a contract which states a fixed length of time during which
the contract will be in effect;
“Total Cost” means the cost of acquisition for the full term of a contract excluding
the Harmonized Sales Tax, and in the case of a contract containing renewal
provisions, means the total cost to the Municipality for the initial term and potential
renewal terms, including all applicable fees, charges, disbursements and any price
escalations identified in the contract;
“Total Revenue” means, where revenue is payable to the Municipality under a
contract, the total revenue payable during the full term of the contract, excluding the
Harmonized Sales Tax, and, in the case of a contract containing renewal
provisions, means the total revenue payable to the Municipality for the initial term
and all potential renewal terms;
“Treasurer” means the Deputy CAO/Treasurer of the Municipality or a designate;
“Unsolicited Proposal” means proposals received by the Municipality from a Person
who have approached the Municipality with a proposal that has not been requested
through a Bid Solicitation.
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and
“Weighted Evaluation Criteria” means criteria that are taken into account when
evaluating Proposals including qualitative, technical and pricing considerations.
Word Usage
2) This by-law shall be read with all changes in gender or number as the context may
require.
3) A grammatical variation of a defined word or expression has a corresponding
meaning.
Severability
4) Should any section or part of this by-law be held by a Court of competent
jurisdiction to be invalid, the remainder of this by-law shall not be affected.
References
5) In this by-law, a reference to any Act, By-law or Policy is a reference to that Act,
By-law or Policy as it is amended or re-enacted from time to time.
6) Schedule “A” (Exempt Goods and/or Services) is attached to and forms part of this
by-law.
7) All references to dollar figures are Canadian dollars.
8) Unless otherwise specified, a reference in this by-law to a clause, section or
Schedule is a reference to a clause, section or Schedule in this by-law.
Application and Restrictions
9) The procurement procedures set out in this by-law shall apply to all Acquisitions
made by or on behalf of the Municipality except as may be expressly exempted or
restricted under this by-law.
10) This by-law shall not apply to the Acquisition of any Goods and/or Services listed in
Schedule “A”.
11) Where a proposed contract provides for the Municipality to receive revenue from
the supplier, or where the proposed contract includes both revenue and costs,
the procedures and authority limits set out in this by-law which are applicable to
the Total Cost of the Contract shall be construed as applicable, with necessary
changes, to the total revenue payable or the combined total of revenue payable
and Total Costs under the Contract.
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12) This by-law shall be read and interpreted in conjunction with its Schedules, and all
applicable written policies, management directives and procurement procedures.
13) In any case where another Municipality policy, directive or procedure is perceived
to limit or contravene the requirements of this by-law, the language of this by-law
shall govern. Where an applicable trade agreement conflicts with this by-law, the
trade agreement shall prevail.
Part 2 – Responsibilities and Authorities
Department Heads
14) Each Department Head shall have responsibility for the Acquisition of Goods
and/or Services for their Department(s) in accordance with the terms of this by-
law.
Manager of Procurement
15) The Manager of Procurement shall have the authority to act as an agent of the
Municipality for the purpose of acquiring all Goods and/or Services required by
the Municipality.
16) The Manager of Procurement is authorized to develop management directives
and standard operating procedures to support this by-law.
17) The Manager of Procurement shall determine the method of Acquisition having
regard to the nature, importance or urgency associated with the purchase
requisition, subject to the general trade practice, market conditions and the
provisions of this by-law.
Approval Authority
18) No employee of the Municipality shall have the authority to make or approve an
Acquisition or award a Contract for any Goods and/or Service unless funds for
such Acquisition have been allocated in a budget approved by Council. If a
recommended Bid is in excess of an approved budget limit but within the
approval limits of this by-law, the Treasurer, after consultation with the
Department Head, must approve the source of additional funding.
19) Contracts shall not be split so as to circumvent the established method of purchase
or the approval limits imposed by this by-law unless, in the opinion of the Manager
of Procurement, after consultation with the Department Head, it is deemed
advantageous to acquire components of a major project through separate
Contracts.
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Signing Authority
20) Authority to make or approve an Acquisition or award a Contract for any Goods
and/or Service includes the power to sign all documents necessary to effect the
Acquisition or any amendment, assignment or interim extension of the Contract.
Where a Department Head or the CAO has the authority to sign a Contract, the
Manager of Procurement may sign on their behalf.
Part 3 – Bid Types and Limits
Low Value Acquisitions (LVA)
21) Department Heads shall have authority to purchase Low Value Acquisitions as
required at the lowest available Total Cost meeting specifications and do not
require the submission of a Purchase Order (unless one is required by the vendor);
22) If a term order or another form of Contract is established for the Goods and/or
Service to be acquired, then the Department must purchase from the Contract
vendor.
23) Computers, software, computer accessories and cell phones must be ordered in
coordination with IT Services, using a Purchase Order.
24) Office furniture must be ordered in consultation with Procurement Services, using a
Purchase Order.
Medium Value Acquisitions (MVA)
25) The Manager of Procurement shall have the authority to purchase Medium Value
Acquisitions at the lowest available Total Cost meeting specification, provided a
minimum of three quotations have been received where they are reasonably
required and possible to obtain.
High Value Acquisitions (HVA)
26) The CAO shall have the authority to purchase High Value Acquisitions. Subject
to sections 27 to 42, High Value Acquisitions must be publicly advertised. The
methods for requesting Bids include, but are not limited to:
(a) Request for Expression of Interest (EOI);
(b) Request for Information;
(c) Request for Pre-qualification;
(d) Request for Proposal;
(e) Request for Tender;
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(f) A multi-step process which may involve a combination of the above.
Request for Tender
27) All Request for Tenders will be called, opened and awarded in accordance with
this by-law and established management directives and standard operating
procedures.
28) The Request for Tender shall be publicly advertised or issued to vendors on a
prequalified list.
29) The Request for Tender will be issued by Procurement Services. Bids will be
received electronically, opened and results posted publicly on the Municipality’s
bidding website.
30) Where the tender meeting specifications and offering the lowest Total Cost is
acceptable, an award shall be made in accordance with section 65.
Requests for Proposal
31) Irrespective of the anticipated Total Cost, where the Manager of Procurement in
consultation with the Department Head determines that a proposed Acquisition
involves unique or complicated circumstances, the Acquisition may be made
through the use of an RFP.
32) All RFPs will be called, opened and awarded in accordance with this by-law and
established procedures.
33) The Request for Proposal may be publicly advertised or issued to vendors on a
prequalified list.
34) The Request for Proposal will be issued by Procurement Services. Bids will be
received electronically, opened and results posted publicly on the Municipality’s
bidding website.
35) The RFP submission process consists of an electronic two-envelope system: one
digital file contains the technical proposal, and the second contains the financial
proposal.
36) In an RFP evaluation, the technical proposal is assessed against weighted criteria.
The financial proposal is reviewed only if the bidder qualifies based on the technical
evaluation.
37) RFPs may be called by public advertisement or invitation to specific Bidders for Low
Value Acquisitions and Medium Value Acquisitions. All High Value Acquisitions
shall be publicly advertised.
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38) All RFPs shall be submitted in the prescribed manner and delivered to the Manager
of Procurement in accordance with the bid documents.
Routine Purchases
39) Where, in the opinion of the Manager of Procurement in consultation with the
Department Head, a proposed Acquisition is of a routine and repetitive nature, the
Manager of Procurement may combine similar purchases and follow the process
outlined in this by-law for an Acquisition with a Total Cost of the sum of the Total
Costs of the Acquisitions so combined.
Unsolicited Proposals
40) Unsolicited Proposals received by the Municipality shall be reviewed by the
Department Head and Manager of Procurement. Any procurement resulting from
the receipt of an Unsolicited Proposal shall comply with the provisions of this by-
law.
Non-Competitive Process (Sole and Single Source Purchases) and Negotiations
41) All Non-Competitive purchases exceeding the Low Value Acquisition threshold
must be assessed by the Manager of Procurement prior to any negotiations or
discussions with the Person;
42) In place of a Bid Solicitation, Goods and/or Services may be purchased through
negotiation as Single Source or Sole Source purchases where, in the opinion of
the Manager of Procurement in consultation with the Department Head that one or
more of the following conditions apply and a process of negotiation is undertaken
to obtain the best value in the circumstances for the Municipality:
(a) Sole Source:
(1) Scarcity of supply in the market;
(2) A statutory or market-based monopoly; or
(3) Existence of exclusive rights (patents, copyright or licenses).
(b) Single Source:
(1) The sources of supply are restricted to the extent that there is no effective
price competition:
(i) for which there is no reasonable substitute or competitive product;
or
(ii) for which compatibility with an existing product/service is the
overriding consideration.
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(2) The purchase involves specialized preassembled goods;
(3) The Bid from the lowest Responsive and Responsible Bidder substantially
exceeds the estimated Cost;
(4) No Bid from a Responsive and Responsible Bidder is received, and it is
impractical to issue another Bid Solicitation;
(5) The extension or reinstatement of an existing Contract would prove most
cost-effective or beneficial to the Corporation;
(6) The terms and conditions of a Proposal provide for negotiation with the
selected Bidder; or
(7) Council has specifically authorized an Acquisition through negotiation.
43) In the case of a Contract for a construction project, negotiations shall be
conducted in accordance with the Canadian Construction Documents Committee
(CCDC) Document 23 published by the Canadian Construction Association where
expressly required by the provisions of an RFT.
44) All Single Source and Sole Source Acquisitions shall be confirmed through a
Purchase Order and shall be reported to Council through a report prepared jointly
by the Department Head and the Manager of Procurement if the Total Cost
exceeds $500,000 or an approved budget limit.
Emergency Purchases
45) In the case of an Emergency, an Acquisition may be authorized without issuing a
Bid Solicitation.
46) Emergency Acquisitions shall be made by the Manager of Procurement in
consultation with the Department Head. In the absence of the Manager of
Procurement, Emergency Acquisitions may be made by a Department Head.
47) All Emergency Acquisitions with a Total Cost over the Low Value Acquisition limit
shall be confirmed through a Purchase Order and shall be reported to Council
through a report prepared jointly by the Department Head and the Manager of
Procurement if the Total Cost exceeds $500,000 or an approved budget limit.
Product Demonstrations and Information
48) No requests for prices or demonstrations for approved projects or programs above
the Low Value Acquisition limit shall be made without prior consultation with the
Manager of Procurement.
49) Requests on behalf of the Municipality may be made by Department Heads for
informal non-binding product and technical information, catalogues and price lists
for Low Value Acquisition and Medium Value Acquisition. Each Department Head
shall provide the Manager of Procurement with such data, specification details and
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information relating to a proposed Medium Value Acquisition, including the
Municipality’s approved budget prices.
Pre-qualification
50) The Manager of Procurement may issue a request for Pre-qualification for the
purpose of selecting qualified Persons to respond to a Bid Solicitation
51) The Manager of Procurement may also issue a request for Pre-qualification for the
purpose of establishing a roster of qualified Persons that may respond to a Bid
Solicitation and/or may be invited to compete for discrete work assignments, as
and when required;
52) Requests for Pre-qualification must be publicly posted to solicit responses from all
interested Persons;
53) The Pre-qualification of Persons shall not create any contractual obligation
between the Municipality and the pre-qualified Persons. The Municipality is not
required to proceed with any further procurement process following a Request for
Pre-qualification;
54) If, in the opinion of the Manager of Procurement, Pre-qualification is required, the
Contract, if awarded at all, must be awarded to the lowest Responsive and
Responsible Bidder for RFTs, and to the highest scoring Responsive and
Responsible Bidder for RFPs, who has been pre-qualified for a competitive roster,
and in accordance with the Bid Solicitation for rotational rosters.
Bonds and Deposits
55) All Bid deposits shall be submitted in accordance with the Bid Solicitation;
56) When the deposit of a performance bond and/or labour and material payment
bond is a requirement of a Bid Solicitation, such bonds shall be,
(a) in the amounts specified in the Bid Solicitation;
(b) issued by a licensed surety company authorized to carry on business in
Ontario;
(c) in a form approved by the Municipality; and
(d) delivered by the Bidder to the Manager of Procurement prior to execution of
the Contract.
57) Following the Award of a Contract, all deposits shall be returned to the
unsuccessful Bidders in accordance with the Bid Solicitation. Retained Bid
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deposits shall be held until the Contract is executed by the Municipality, unless
otherwise determined by the Manager of Procurement.
58) Following the cancellation of a Bid Solicitation, all deposits shall be returned to the
Bidders in accordance with the Bid Solicitation.
59) If a successful Bidder fails to enter into a Contract, the Bid deposit may be forfeited
to the Municipality at the sole discretion of the Municipality. If a Bid bond is
deposited, it may be called by the Treasurer and the amount of money thereby
obtained shall be forfeited to the Municipality.
Changes to Bids under Call
60) Interpretations of, or qualifications or changes to, a Bid Solicitation shall be made
in the form of a written addendum. Addenda shall be necessary to revise, delete,
substitute or add to a Bid under call. The Manager of Procurement shall approve
the issuance of any addendum or the cancellation of a Bid Solicitation.
61) A copy of each addendum or a notice of posting of each addendum shall be
forwarded to registered Bidders by electronic means and posted on the
Municipality’s website.
62) The Manager of Procurement in consultation with the Department Head and
Municipal Solicitor shall have the authority to cancel a Bid Solicitation either before
or after Bids are opened in accordance with the Bid opening procedures.
Withdrawal of Bids
63) A Bid can only be withdrawn prior to the close of Bids, as stipulated in the Bid
Solicitation. Requests to withdraw received following the close of Bids shall not be
accepted.
Absolute Right
64) The Municipality shall have absolute discretion in the Award of Contracts and
retains the right to reject any or all Bids, or to Award to a Bid other than the lowest
Bid or highest ranking Bid if in the best interest of the Municipality.
Approval Limits and Reporting
65) For Acquisitions of Goods and/or Services excluding Consulting and Professional
Services:
(a) For Medium Value Acquisitions, the Manager of Procurement shall submit to
the Department Head a recommendation for the Department Head’s approval.
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(b) For High Value Acquisitions, after consulting with the Department Head, the
Manager of Procurement shall prepare a report to the CAO for approval if the
Total Cost of the Goods and/or Services:
(1) Was obtained through a competitive procurement process in accordance
with this by-law;
(2) Does not exceed 10% of the approved budget amount up to $250,000;
(3) Recommendation to award to the lowest Responsible and Responsive
Bidder meeting specifications for quotations and tenders;
(4) Is awarded to the Person submitting a proposal with the highest overall
score.
66) A summary report to Committee for information relating to awards made for
acquisitions with a total cost exceeding $500,000 and awarded under section 65
shall be prepared and submitted to the Committee on a semi-annual basis.
67) Council approval is required if:
(a) Competitive procurements do not meet the requirements of section 65;
(b) Council approval is required by statue or by a third party such as a funding
agency;
(c) The CAO recommends that Council approval be sought;
(d) Any recommended award for High Value Acquisitions is not to the lowest
Responsive and Responsible Bidder or highest scoring Bidder meeting
specifications; or
(e) Where otherwise specifically required by this by-law.
Council Recess Procedures
68) Notwithstanding section 67, where a matter which would have otherwise been
submitted to Committee requires approval during any of Council’s recesses,
including elections, the CAO shall be authorized to award the Contract if the
Treasurer is of the opinion that the price is reasonably reflective of the approved
budget allocation and/or is part of the normal operating responsibility of the
Department.
69) The Manager of Procurement shall report all Contracts awarded under section 68
to Committee as soon as possible after the conclusion of the recess.
70) Council shall not vary any action or decision of the Contract awards made in
accordance with section 68.
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Consulting and Professional Services (Excluding Schedule “A” Exemptions)
71) Where it is estimated that the Cost of Consulting and Professional Services will be
less than or equal to $25,000, the Department must notify the Manager of
Procurement and may obtain the services directly without issuing a Bid
Solicitation.
72) Where it is estimated that the Total Cost of Consulting and Professional Services
will be more than $25,000, the Manager of Procurement shall issue a Bid
Solicitation in compliance with this by-law and prepare a report to the CAO for
approval.
73) Where it is estimated that the Total Cost of Consulting and Professional Services
will be more than $100,000, the Manager of Procurement shall issue a Bid
Solicitation, in consultation with the Department Head and shall submit a report to
Council providing a recommendation for award.
74) Where a roster has been established for Consulting and Professional Services, in
compliance with this by-law, Council approval to award a contract under the roster
shall only be required for awards in excess of the threshold set out by the Canada
Free Trade Agreement (CFTA).
75) An external consultant who has entered into a Contract for Consulting and
Professional Services for a particular phase of a project, may be deemed to have a
conflict of interest and be disqualified from submitting a Bid on a later phase of
consulting services for the same project. Any issue as to whether there is a conflict
of interest shall be determined by the Manager of Procurement in consultation with
the Department Head. This section shall not apply where a consultant has been
requested to provide a budget estimate or general review and estimate for a
potential Acquisition.
76) Any consultant authorized to issue a Bid Solicitation on behalf of the Municipality
shall comply with this by-law.
Co-operative Purchasing
77) Co-operative Purchasing shall be utilized when advantageous and practical, where
it is in the best interest of the Municipality to do so.
78) The decision to participate in Co-operative Purchasing agreements will be made
jointly by the Manager of Procurement and the responsible operating Department.
79) In the event of any conflict, the procurement by-law and procurement practices of
the Municipality, school board, hospital, non-profit agency or group procurement
organization issuing the co-operative Bid shall take precedence over the
provisions of this by-law.
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Part 4 – General Purchasing Policies
Default by Successful Bidder
80) If a successful Bidder fails to execute the Contract or fails to meet any of the
requirements of the Contract within the prescribed time, the Contract may be
awarded to the next lowest Bidder or highest ranked Bidder or cancelled.
81) If a successful Bidder defaults on an awarded Contract, the Manager of
Procurement is authorized to take remedial action including termination of the
Contract and all necessary steps to ensure completion of the project or continued
service/supply which includes but not limited to, amending and approving
assignments, and extending on an interim basis.
82) Should the Manager of Procurement determine that termination of the awarded
Contract is the appropriate action in accordance with 81, the Department Head
shall be advised of the termination in writing.
Disqualification of Bidders
83) The Manager of Procurement in consultation with the Department Head and
Municipal Solicitor shall have the authority to not accept a Bid from any Bidder
and/or award a Contract to any Bidder where one of the following circumstances
has occurred within the last five years:
(a) The Bidder is or has been involved in litigation with the Municipality, its elected
officials or employees;
(b) The Bidder has failed to pay an amount owed to the Municipality when due and
owing;
(c) There is documented evidence of poor performance, non-performance or
default by the Bidder in respect to any Contract issued by the Municipality, and
the Bidder has been made aware of such performance issues;
(d) The Bidder has withdrawn its Bid on a previous Bid Solicitation after Bids have
been opened by the Municipality;
(e) The Bidder has demonstrated abusive or threatening conduct towards the
Municipality’s elected officials or employees, their agents and representatives;
(f) The Bidder has been convicted of any criminal offence pursuant to applicable
legislation or regulations including the Occupational Health and Safety Act, as
amended, where circumstances of that conviction demonstrated a disregard for
the safety of tis workers, the Municipality’s employees or the general public; or
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(g) The Bidder has been criminally charged or committed dishonest conduct, and in
the opinion of the Manager of Procurement and the Municipal Solicitor, the
Award of the Contract is likely to expose the Municipality to legal, financial or
reputational risk.
Conflict of Interest
84) The participation of members of Council and employees of the Municipality in the
procurement process shall be governed by, in the case of members of Council, the
Council Code of Conduct and the Municipal Conflict of Interest Act, R.S.O. 1990,
c.M.50 as amended and, in the case of employees, by the Code of Ethics Policy
E1.
85) No employee or Council member shall benefit directly or indirectly from affiliation
with the Municipality or show any favouritism to any Person in the procurement of
any Goods and/or Services.
86) No Person shall offer incentives to any employee of the Municipality or member of
Council.
87) No Personal Purchases shall be made by the Municipality for any member of
Council, member of a Local Board, or employees of the Municipality.
Access and Disclosure
88) No employee of the Municipality or any member of Council shall have access to or
disclose any details regarding Bids except as permitted by this by-law and the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990,
c.M.56 as amended.
89) In the case of a Bid submitted in response to an RFP, only the total Bid amount for
the successful Bid shall be provided and only upon written request of any Person
after completion of negotiations and Award of the Contract.
Records Retention and Destruction
90) Bid documents and related material shall be retained in accordance with the
Municipality’s Records Retention Schedule, as amended.
Complaints and Inquiries
91) Bidders and potential Bidders shall only communicate with Procurement Services
about Bid Solicitations, including making any inquiries or complaints. Bidders and
potential Bidders shall not communicate with an elected official, the CAO, a
Department Head or any member of staff about Bid Solicitations without the
consent of Procurement Services.
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92) All Bidder or potential Bidder complaints or inquiries addressed to an elected
official, the CAO, a Department Head or any member of staff shall be referred to
Procurement Services.
Lobbying
93) All prospective Bidders are prohibited from lobbying any member of Council,
Municipal staff and consultants, appointed members and any staff of any Board
during the period commencing at the time of issuing a Bid Solicitation and ending
at the time of the Award of the Contract. The Municipality may reject any Bid by a
Bidder that engages in such lobbying, without further consideration, and may
terminate that Bidder’s right to continue in the Bid Solicitation process, and may be
grounds for disqualification from future Bid Solicitations.
Purchasing Cards
94) Purchasing Cards may be used for all purchases as defined by the Treasurer,
where the Goods and/or Services do not fall under the requirements of this by-law.
Purchasing Cards are issued on an as needed basis upon approval of the
Manager of Procurement and at the request of the Department Head. The
Manager of Procurement shall be responsible for the program as defined by the
Treasurer.
Disposal of Goods
95) The disposal of surplus or obsolete goods of the Municipality shall be the
responsibility of the Manager of Procurement. At least once each calendar year,
Department Heads shall provide the Manager of Procurement with a list of such
goods. The Manager of Procurement may periodically circulate a list of surplus or
obsolete goods to all Departments and Local Boards.
96) Surplus or obsolete goods must be offered to the Departments first.
97) The Manager of Procurement, in consultation with the appropriate Department
Head, shall determine the appropriate method of disposal including sale, RFT,
RFP, auction, or gratuitous transfer to a Local Board, other municipality, school
board, charity or not for profit organization.
98) No Municipal employee, officer or elected official will personally obtain any surplus
or obsolete goods unless it is obtained through a public process.
Over Expenditures
99) Subsequent to a Contract Award, the approval of any over expenditure shall be in
accordance with the Municipality’s Financial Control Policy (CP-014) or
subsequently adopted policy for financial controls.
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Sustainable Procurements
100) In keeping with the Municipality’s strategic priority of sustainability and climate
change, acquisitions shall ensure that, wherever reasonably possible,
specifications shall provide for expanded use of durable products, reusable and/or
recyclable products and products (including those used in services) that minimize
negative impacts on the environment without significantly affecting the intended
use of the product or service. It is recognized that analysis of total lifecycle cost is
required in order to ensure that the products are made available at competitive
prices.
Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
101) When procuring Goods and/or Services, the Municipality shall incorporate
accessibility design criteria and features, except where it is not practicable to do
so. Where applicable, procurement documents shall specify the desired
accessibility criteria to be met and provide guidelines for the evaluation of the
proposals respecting those criteria.
Part 5 – General Provisions
By-law Review
102) The Manager of Procurement in consultation with appropriate staff shall conduct a
detailed review of this by-law no less frequently than every five years.
Repeal
103) By-law #2021-077 is hereby repealed.
Effective Date
104) This by-law shall take effect on the date that it is passed by Council.
Passed in Open Council this 18th day November, 2024.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Written approval of this by-law was given by Mayoral Decision MDE-2024-XXX dated
November 18, 2024.
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Schedule “A”
EXEMPT GOODS AND SERVICES
1. Petty Cash Items
2. Training and Education
a. Conferences
b. Courses
c. Conventions
d. Magazines
e. Memberships
f. Periodicals
g. Seminars
h. Staff Development
i. Staff Workshops
j. Staff Reports
k. Subscriptions
l. Trainers (Includes Workshop & Seminars)
3. Refundable Employee Expenses
a. Advances
b. Meal Allowances
c. Miscellaneous
d. Travel Expenses
e. Entertainment Expenses
4. Employer’s General Expenses
a. Payroll Deduction Remittances
b. Medicals
c. Licenses (Vehicles, Software, Communications, etc.)
d. Debenture Payments
e. Insurance
f. Grants and Agencies
g. Damage Claims
h. Petty Cash Replenishment
i. Land & Building Lease Payments Made by Municipality
j. Tax Remittances
k. Sinking Fund Payments
l. Newspaper Advertising and Public Notices
m. Day Camp or Other Similar Admission Fees
n. Software or Equipment Maintenance Agreements
5. Certain Professional and other Services
a. Committee Fees
b. Counselling Services
c. Laboratory Services
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d. Nursing Services
e. Physician Fees
f. Temporary Help
g. Banking Services
h. Legal Services
i. Newspaper, Radio, TV Advertising
j. Policing
k. Red Cross Supplies
l. Web Design Usage Fee & Penalties
m. Payroll Fees
n. Employee Assistance Programs
6. Utilities (including Hedging Agreements in accordance with the Hedging Policy as
may be amended from time to time)
a. Postage
b. Water
c. Hydro
d. Gas (Including Hedging Agreements)
e. Telephones – Excluding Cellular
f. Telecommunications Infrastructure
7. The acquisition or disposition of all interests in real property, including personal
rights in real property, and all consulting and professional services relating to
personal rights or interests in real property.
8. Contracts with Canadian National and Canadian Pacific Railways for Goods and/or
Services
9. Contracts with Provincial and/or Federal Government Agencies or Crown
Corporations for Goods and/or Services
10. Contracts with the Regional Municipality of Durham or other municipalities located
within the Regional Municipality of Durham for Goods and/or Services
11. Election related technology and equipment, and any consulting and support
services directly related to such technology and equipment.
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