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HomeMy WebLinkAbout12-16-24 Council Post-Meeting Agenda Date:December 16, 2024 Time:6:30 p.m. Location:Council Members (in Chambers or Electronic Participation) 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. Collection, Use & Disclosure of Personal Information: If you make a delegation, or presentation, at a Committee or Council meeting, the Municipality will be recording you and will make the recording public on the Municipality’s website, www.clarington.net/calendar. Written and oral submissions which include home addresses, phone numbers, and email addresses become part of the public record. If you have any questions about the collection of information, please contact the Municipal Clerk. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Moment of Reflection 3.Land Acknowledgement Statement 4.Declaration of Interest 5.Announcements 6.Presentations / Delegations 6.1 Presentation by Greg Gordon, Chair, Energy From Waste-Waste Management Advisory Committee (EFW-WMAC), regarding 2024 EFW- WMAC Annual Report 6 6.2 Presentation by Paul Davidson, Deputy Treasurer, Trevor Pinn, Deputy CAO/Treasurer, Lee-Ann Reck, Deputy CAO, Public Services, Darryl Lyon, Deputy CAO, Planning and Infrastructure, of the 2025 Budget Update - Overview to Council 18 7.Consent Agenda 7.1 Council and Standing Committee Minutes 7.1.1 Minutes from the Regular meeting of Council dated November 18, 2024 42 7.1.2 Minutes from the Special General Government Committee Meeting dated November 19-20, 2024 49 7.1.3 Minutes from the General Government Committee Meeting dated December 2, 2024 57 *7.1.3.1 Veteran's Crosswalk 68 7.1.4 Minutes from the Planning and Development Committee Meeting dated December 9, 2024 69 *7.1.4.1 Durham Homelessness Support Line 7.2 Advisory Committee and Local Board Minutes Council Page 2 7.2.1 Minutes from the Clarington Accessibility Advisory Committee meetings dated September 25 and October 15, 2024 82 7.2.2 Minutes from the Samuel Wilmot Nature Area Management Advisory Committee meeting dated October 22, 2024 88 7.2.3 Minutes from the Clarington Agricultural Advisory Committee meeting dated November 14, 2024 91 7.2.4 Minutes from the Clarington Diversity Committee meeting dated November 14, 2024 94 7.3 Communications 7.4 Staff Reports and Staff Memos 7.5 By-laws 7.5.1 2024-054 - Being a by-law to authorize an Interim Tax levy for 2025 100 Item 6.3 of the General Government Committee Minutes 7.5.2 2024-055 - Being a by-law to authorize the borrowing of $15,000,000 to meet, until taxes are collected, the current expenditures of the Municipality for the year 2025 102 Item 6.4 of the General Government Committee Minutes 7.5.3 2024-056 - Being a By-law to amend the Traffic and Parking By- law 2014-059, as amended 104 Item 6.2 of the General Government Committee Minutes 7.5.4 2024-057 - Being a By-law to establish a Municipal Service Board to operate a Community Hall in Tyrone in the former Township of Darlington, now in the Municipality of Clarington and to repeal By-law 2008-039. 110 Item 7.1 of the General Government Committee Minutes 7.5.5 2024-058 - Being a By-law to establish a Municipal Service Board to operate a Community Hall in Solina in the former Township of Darlington, now in the Municipality of Clarington and to repeal By-law 2008-038 123 Item 7.1 of the General Government Committee Minutes Council Page 3 7.5.6 2024-059 - Being a By-law to establish a Municipal Service Board to control and manage activities at the Newcastle Village Community Hall and to repeal By-law 2014-094 137 Item 7.1 of the General Government Committee Minutes 7.5.7 2024-060 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 153 Application by Tribute (King Street) Ltd. Item 6.2 of the Planning and Development Committee Minutes 7.5.8 2024-061 - Being a By-law to exempt a certain portion of Block 1, Registered Plan 40M-2752 from Part Lot Control 158 Memo-010-24 - Application for Exemption of Part Lot Control Applicant: 2668919 Ontario Inc. (Eagle Bay Estates) 7.5.9 2024-062 - Being a By-law to exempt a certain portion of Blocks 216, 217, 218, 219 and 220 Registered Plan 40M-2741, from Part Lot Control; 162 Memo-011-24 - By-Law to Exempt Part Lot Control Applicant: Plainview Heights Property (BT) Ltd (Treasure Hill) 8.Items for Separate Discussion 9.Business Arising from Procedural Notice of Motion 10.Unfinished Business 10.1 Memo-015-24 - Diwali Fireworks Permit Statistics 166 (Referred at the October 28, 2024 Council Meeting) 11.Confidential Items 11.1 Memo-014-24 - Proposed Acquisition of Property by the Municipality of Clarington (A matter that deals with proposed or pending acquisition or disposition of land by the municipality or local board) Distributed Under Separate Cover 12.Confirming By-Law Council Page 4 13.Adjournment Council Page 5 From:no-reply@clarington.net To:ClerksExternalEmail Subject:New Delegation Request from Gordon Date:December 5, 2024 2:35:48 PM EXTERNAL A new delegation request has been submitted online. Below are the responses provided: Subject Energy from Waste-Waste Management Advisory Committee (EFW- WMAC) Annual (2024) Report Presentation Action requested of Council Receive for information Date of meeting 12/16/2024 Summarize your delegation In accordance with Section 8.4 of the EFW-WMAC Terms of Reference, the Chair shall make at least one presentation annually to Clarington Council and Durham Works Committee/Regional Council. 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. Michelle Chambers Report number (if known) not applicable Correspondence number (if known) not applicable Will you be attending this meeting in person or online? In person First name: Greg Page 6 Single/Last name Gordon Firm/Organization (if applicable) EFW-WMAC Chair Job title (if applicable) not applicable Address Town/Hamlet Whitby Postal code Email address: Phone number Do you plan to submit correspondence related to this matter? Yes Do you plan to submit an electronic presentation (i.e. PowerPoint)? If yes, the file must be submitted to the Municipal 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 7 Energy from Waste-Waste Management Advisory Committee (EFW-WMAC) 2024 Annual EFW-WMAC Report Presentation to: Durham Region Works Committee December 4, 2024 and Municipality of Clarington Council December 16, 2024 If you require this information in an accessible format, please contact 1-800-372-1102 ext. 3560 Page 8 Page 2 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 2023-2024 EFW-WMAC Committee Members G. Baswick, Municipality of Clarington (appointed October 30, 2023) G. Best, Town of Whitby G.Gordon (Chair), Town of Whitby J. Vinson, Municipality of Clarington K. Palinka, City of Oshawa M. Cannon, City of Oshawa P.Haylock (Vice Chair), Municipality of Clarington R. Fleming, City of Pickering T. Shomar, Municipality of Clarington Page 9 Page 3 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 December 6 and December 18, 2023 – Annual Report Presentation by EFW-WMAC Chair and Vice Chair to Durham Region Works Committee and Municipality of Clarington Council −Annual report presentation by the EFW-WMAC Chair and Vice Chair was well received by the both the Durham Region Council and Clarington council. −Appreciation was expressed for all committee members who volunteer their personal time to support Durham Region’s EFW-WMAC initiatives. February 4, 2024 – Scheduled Meeting Q1 Update by Lipika Saha, Manager, Waste Services, the Regional Municipality of Durham, regarding 2024 Community and Outreach Activities., Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Durham York Energy Centre. EFW-WMAC Work Plan (2023-2024) There are three key areas of the EFW-WMAC Workplan that the Committee can examine: 1.Plan and Program Implementation (as it relates to the Long-Term Waste Management Plan, Extended Producer Responsibility (EPR), and changes and enhancements to the Region’s Organics Program). 2.Diversion Program Assessment (review and assess opportunities for the Region to optimize and increase diversion opportunities within Durham Region). 3.Technology and Facility Review (reviewing key technologies which are or may be utilized by the Region in delivery of waste management services). L. Saha advised that there will be a number of special events in waste management occurring in 2024 that members of the EFW-WMAC could volunteer to participate in. The Committee questioned why the City of Oshawa and the Town of Whitby did not participate in the 2023 Curbside Giveaway Days, and whether local Councils have to opt-in in order to participate in that event. Subsequent to this meeting, two curbside giveaway events were arranged for the City of Oshawa and Town of Whitby (Reference September 24 Minutes of Meeting). A. Evans advised that the Durham York Energy Centre (DYEC) facility remains fully operational with no issues to report. He advised that the DYEC processed the full 140,000 tonnes of waste in 2023, and that the annual report is due at the end of March 2024 to the Page 10 Page 4 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 Ministry of the Environment, Conservation and Parks (MECP). Discussion occurred regarding tours that the Committee members have taken, and that a number of nuclear engineering students toured the DYEC in February 2024. A. Evans advised that the Biocover Pilot Systems are comprised of an above ground filter and in-cover bio window that were constructed in May 2023. These systems will now be evaluated to assess their performance in terms of methane reduction. Staff will be reporting to the MECP in 2024 to assess whether monitoring should continue. Committee members agreed with staff that extended monitoring would allow staff to see the effectiveness of the biocover over multiple seasons. The Committee questioned how black polystyrene trays will be processed at the material handling Facility. The reply was that black polystyrene cannot be processed because of the chemical constituents. Dealing with this waste stream will belong to the Extended Producer Responsibility Organization(s). For example, influencing packaging vendors to phase out black polystyrene trays and containers. May 28, 2024 – Scheduled Meeting Q2 Update by Lipika Saha, Manager, Waste Services, the Regional Municipality of Durham, regarding 2024 Community and Outreach Activities. L. Saha highlighted community and outreach activities across the Region. R. Fleming shared with the Committee that she attended the Compost giveaway event that was held in the City of Pickering and had a great time. She advised that many broken blue boxes were exchanged and that many residents also purchased extra blue boxes. Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Extended Producer Responsibility A. Evans advised that there has been a lot of interest in extended producer responsibility (EPR) and reminded the Committee that it will take effect July 1,2024 resulting in the private sector taking over the recycling program. The Committee questioned the communication on the EPR Program. Durham staff are working to wrap up current contracts as required and ensure that the right messaging is being provided to the residents. Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Expanded Green Bin Program. A. Evans advised that the expanded Green Bin Program will also begin July 1, 2024, which means that additional materials will be accepted in the green bin because of enhancements made at the collection facilities. A. Evans responded to questions from the Committee regarding hand-out materials that could be provided to residents at Local Environment Day Page 11 Page 5 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 on June 13, 2024; and whether there will be green bins located in local parks. Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Automated Cart-Based Garbage Collection Pilot Project. A.Evans advised that staff are looking at an automated cart-based system similar to what the City of Toronto uses, for implementation in the Region. He advised that staff have sought permission to complete a pilot program for the cart-based system in the Town of Ajax and the Township of Scugog. A.Evans responded to questions from the Committee regarding how big the carts would be and roughly how many garbage bags would fit in them. Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Durham York Energy Centre. A.Evans advised that the annual operations report for the Durham York Energy Centre (DYEC) facility, as well as the DYEC audit and annual ground monitoring reports have been submitted to the Ministry of the Environment, Conservation, and Parks (MECP). A.Evans advised that Dr. Adams presented at the May 8, 2024, Works Committee meeting on Report #2024-WR-5: Durham York Energy Centre - Analysis of Ambient Air and Emissions Monitoring to Identify Local Air Shed Impacts which is available on the May 8, 2024, Works Committee agenda. He also advised that the Region received correspondence from the MECP indicating that the elevation requests were denied for the screening report, and that the Region can move forward to the next stage which would be to complete the Environmental Compliance Assessment (ECA). September 24, 2024 – Scheduled Meeting Q3 Delegation by Community Member on DYEC Compliance Source Test report and Long-Term Sampling System (LTSS) Quarterly Report Q1 2024. The delegation covered various aspects of reporting emission levels, data collection and test protocols. Discussion occurred regarding whether a working group to be formed to review standard methods and procedures available as it relates to the DYEC. Additional discussion occurred on the committee having a more detailed review of the delegation material. This detailed review could be part of the 2025 work program and/or discussion at a future EFW-WMAC meeting. Other Discussions A)Update by Lipika Saha, Manager, Waste Services, the Regional Municipality of Durham, regarding 2024 Community and Outreach Activities. The committee members will continue to support Outreach Activities. As mentioned in the May meeting, a committee member Page 12 Page 6 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 participated in the Compost Giveaway event. An Environmental Day occurred in October. Staff are planning to promote the Enhanced Green Bin program at upcoming community events. B)Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Extended Producer Responsibility. A. Evans advised that the Region transitioned on July 1, 2024, and that the Region is no longer collecting recyclable materials directly and that it has moved over to the producer organizations where Green for Life (GFL) and Miller Waste Systems have been contracted within the community for collection. There was some backlog initially, but the transition went well overall. Committee members asked about Commercial business collection. A. Evans advised that staff remain very engaged in the local business communities with respect to how the transition will affect the local businesses in the BIAs and downtown cores. C)Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Expanded Green Bin Program. The expanded Green Bin Program rolled out July 1, 2024, and went relatively well. Staff talked to the service providers regarding the material coming in and were advised that the materials were a bit wetter than in other jurisdictions, which was expected for the program, and that it will take some time to build momentum. A. Evans advised that staff would provide a more detailed update to the Works Committee and the EFW-WMAC towards the end of the year. Committee members responded they have seen Green Bin and EPR communication via various media platforms. Additional communication will be sent to residents on additional green bins that are currently on sale at a reduced rate. D)Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Automated Cart-Based Garbage Collection Pilot Project. A. Evans advised that the Automated Cart-Based Garbage Collection Pilot Project occurred in mid/late July 2024 (Ajax and Township of Scugog) and that the residents are currently going through their 3rd /4th pick-up with the cart system. He advised that staff are continuing to educate residents on how the carts work and will be reaching out to the residents in the next couple of months to collect additional feedback through various pre, mid, and post surveys. E)Update by Andrew Evans, Director, Waste Management Services, the Regional Municipality of Durham, regarding Durham York Energy Centre. A. Evans advised the Committee that the requests to elevate the DYEC expansion application to a full Environmental Assessment were denied and were presented to the Works Committee, where there were additional questions from members of the public. As a result, the Works Committee asked staff for an update report that will be presented to Page 13 Page 7 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 the Works Committee in November 2024. A. Evans advised that the source test results from the first quarter are now published to the website and that there were no issues from a plant perspective with respect to meeting the compliance limits. The ECA limits were also met during the tests with no violations. Detailed discussion and questions from the Committee members occurred on possible methods to present reporting data in a less technical manner to improve public understanding. Work Program Update Long Term Waste Management Plan Implementation and Recycling Diversion of waste to DYEC and increase of organics going into the green bin program was supported. Committee members did research on current metrics related to organic waste and recycling. Older multi-story residential buildings and small businesses are an area where constraints and current EPR government contract terms prevent waste diversion. This will be a continuing topic for WMAC work with the Durham Region Works Department on advocating increased diversion from these building and businesses. As part of the continuing work program, the WMAC proposes visiting recently completed multi residential buildings to review built in recycling and organic waste infrastructure. Recycling of large and small propane bottles (less than 20lbs) showed that once they age out, the bottles are returned as hazardous waste to Waste Transfer Stations. Larger bottles can be refurbished by Facilities in Ontario under certain conditions which have a cost to the consumer or to Durham Region. This can be further evaluated in the 2025 work program. There is currently no refurbishment or refilling of the small 1lb “green” coloured propane bottles. The cost and effort for this small container refurbishment are high compared to the value of the bottle. A possible refilling evaluation could be investigated. Refilling facilities currently do not have registered fittings and safety procedures for this. Certified propane bottle refurbishment facilities in Ontario have the following requirement; “Propane cylinders must be recertified every 10 years. This process begins with a visual inspection followed by replacing the relief valve, and then a new stamp is embedded into the steel collar to show the latest inspection date. The cylinder must be completely empty of propane before replacing the relief valve. If the cylinder is not empty when brought to be Page 14 Page 8 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 recertified, the facility can offer the service of burning off the remaining propane. Cylinders are not recertifiable if they have signs of excessive rust, gouging, denting, or have been involved in a fire, show signs of bulging, dented welds, or collars or foot rings that are broken or damaged. Spent printer cartridges can be recycled at office product retailers. This recycling could be communicated to communities. Some cartridge refilling services have previously been provided by retailers. Battery recycling is communicated to Durham Region Residents with two pick up days. The process for pick up has been simplified. Recycling is also available at big box stores and some commercial enterprises. Continuing reinforcement on recycling is required to avoid the detrimental effect of battery metals and acids in the environment. WMAC will continue assessment of other waste diversion methods and brainstorming of innovative diversion opportunities. The curbside large item pickup program is an example where the time place at the street could be picked up by interested individuals interested in the item. Anaerobic Digestion Research and Knowledge As this program was delayed due current financial and interest rate costs, research was not conducted by WMAC in 2024. This work program item will be included in the 2025-2026 WMAC plan. Community and Outreach Activities Committee members did participate in some outreach activities. It was not possible to present in local schools given schedule conflicts. Clarington Council previously communicated interest in a committee member presenting at one of their high schools. This will be brought up at the December council meeting to find an interested high school. (Presentation on WMAC information, Careers, and works department Circular Economy/recycling). The same point will be mentioned at the Durham Region Council Meeting. An important aspect of outreach is communication and teaching about what the circular economy is, and its benefits as well as importance for the environment. Page 15 Page 9 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 Durham Region’s Organics Management Project A committee member participated in the Pickering compost event which had a good community turnout with positive interactions. Committee members confirmed seeing communication on the expansion of the green bin program to include pet waste and diapers. Media communication on the sale of green bins has also been completed. (some families will have much more organic waste). This expansion is important for diversion of waste from landfill and the DYEC. Extended Producer Responsibility Committee members did not report any personal or neighbour issues with recycling transition. Further oversight in the 2025 work program is recommended (example-additional recycling stream investigation). The initial transfer of recycling to the EPR company(s) was deemed to go well. MRF (Material Recovery Facility) In response to a question from the Committee regarding an update on the Region’s Material Recovery Facility (MRF) tender, A. Evans advised that HGC was the successful bidder and they will be operating the facility under contract to the Region until Durham’s transition to EPR. Landfill Biocover/Landfill Management WMAC recommended continuation of biocover pilot which is part of landfill management and greenhouse gas emissions reduction goals. Durham York Energy Centre (DYEC) Familiarization and Research Oversight on facility reports (1) and (2) below, showed the facility is operating at a high capacity with no environmental compliance issues to report. (1) Review of the summary statements in the Compliance Source Test showed test results were below the concentration limits prescribed in Schedule C of the Environmental Compliance Approval. (Report #2024-INFO-55). (2) A high-level review of the AMESA Long-Term Sampling System (LTSS) DYEC LTSS quarterly report (Q1-January 2024 to May 2024) was completed. This quarterly report does meet the requirement for enhanced communication of AMESA data and provides discussion of operational data for dioxins and furans at the Durham York Energy Page 16 Page 10 of 10 2024 EFW-WMAC Annual Report Durham Region Works Committee – December 4, 2024, and Municipality of Clarington Council – December 16, 2024 Centre (DYEC) used as an input to facility operations. As mentioned in prior committee meetings, it would be appropriate to include DYEC source test and AMESA report review and understanding to the 2025 work program. This review needs to consider simplification of how the report is communicated to the public. The report properly referenced ECA Condition 7(3) which requires dioxins and furans emissions trend analysis and evaluation of Air Pollution Control equipment performance. The report also properly states AMESA results themselves do not constitute a compliance point for the facility operations. Committee members completed a tour of the MRF and DYEC on January 22, 2024. Page 17 2025 Budget Update Page 18 Agenda •01 Introduction •02 Operating Budget Update •03 2025 Capital Budget •04 Long-Term Debt •05 Reserve and Reserve Funds •Next Steps Page 19 Introduction Page 20 Budget Update Process Page 21 2025 Annual Budget Update •New/Changed Regulations: New or changed legislation or regulations that impact the Municipality financially •New Council Direction: New direction or plans approved after the initial approval of the Multi-Year Budget. •Cost/Revenue Driver: A budget adjustment to adapt to a change in economic conditions, events or circumstances Sub-Heading Page 22 2025 Annual Budget Considerations •Parks, Recreation and Culture Master Plan •5-Year Implementation Plan coming in March 2025 •www.Clartington.net/PRCMP •Asset Management Plan •2025 Update to include proposed levels of service •Financing Strategy mandated Sub-Heading Page 23 Projected Property Assessment $- $2,000,000,000 $4,000,000,000 $6,000,000,000 $8,000,000,000 $10,000,000,000 $12,000,000,000 $14,000,000,000 $16,000,000,000 $18,000,000,000 $20,000,000,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Historical Assessment 2013 to 2025 Residential Non-Residential Market Change and Growth (Based on 2016 New Growth Only (Based on 2016 values) Page 24 Operating Budget Update Page 25 Projected Tax Levy – 2025 Update Page 26 2025 Proposed Budget Amendments Page 27 Planning Impacts of Bill 23 and 185 •Durham Region will no longer have planning responsibilities as of January 1, 2025 •Conservation Authorities have reduced role in planning process •Mandatory pre-consultation removed •Clarington needs additional resources to address lost revenue, provide specialized expertise to take on new planning responsibilities, and streamline development processes. Page 28 2025 Proposed Budget Amendments •Elexicon Dividend Revenue Phase Out •Unpredictable revenue source •Significant reduction in forecasted revenue over 2025-27 •2025 = ($440,600) •2026 = ($165,700) •2027 = ($182,700) •Total = ($789,000) •Pay Equity Impact •Pay equity and market reviews conducted on both municipal and CLMA positions •Majority of increases offset by increased revenues/transfers, decreased expenses Page 29 Updated Staffing Requests 2025 -27 There is no tax levy impact associated with any of the additional staffing positions. All being funded through alternative sources or previously approved allocations. Page 30 2025 Capital Budget Page 31 Capital Investments At A Glance $28.9 million Reserve funds and grants $10.2 million Development charges $87.2 million Debt Page 32 2025 Capital Budget Highlights •South Bowmanville Recreation Centre •Public Works Operations Centre and Training Centre •Investments in Parks, Recreation and Culture Page 33 Long-Term Debt Page 34 Long-Term Debt – Existing Debt Servicing Page 35 Long-Term Debt - Proposed Page 36 Long-Term Debt $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Debt Servicing Costs With Forecasted Debt 2024 - 2034 Total Debt Servicing - Existing Total Debt Servicing - New Annual Repayment Limit, 25% Page 37 Reserve and Reserve Funds Page 38 Reserve and Reserve Funds •Part of long-term financial planning •Key pillars in maintaining stable financial position •Reserves – an allocation of accumulated net revenue •Reserve Funds – physically segregated and restricted to meet a purpose •Obligatory – established by legislation or agreement •Discretionary – established by Council Page 39 Reserve and Reserve Funds 2025 2026 2027 Contributions to Reserve Funds $15,111,706 $15,271,774 $17,054,174 Contributions to Reserves 135,000 135,000 135,000 General Funds from Reserve Funds (12,477,507)(19,4125,516)(24,008,087) General Funds from Reserves (150,000)(475,467) Transfers Page 40 Thank you! Page 41 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: Time: Location: November 18, 2024 6:30 p.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. Gallagher, D. Lyons, R. Maciver, T. Pinn, L. Reck, M. Chambers Other Staff Present: L. Backus, J. MacLean, J. O'Meara, M. Westover _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 6:33 p.m. 2. Moment of Reflection Councillor Elhajjeh led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Elhajjeh 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. 6. Presentations / Delegations 6.1 Recognition of Municipality of Clarington Communications Team Melissa Westover, Manager of Communications for the Municipality of Clarington, recognized the Communications Division for having six submissions to the Marcom Awards and winning gold for four of those submissions including, Heart Your Park, Lifeguard Recruitment Video, Man in Finance, and Clarington Strategic Plan. M. Westover recognized the following members of the Communications team: Kaitlin Page 42 November 18, 2024 Council Minutes 2 Keefer, Samantha Fortomaris, Maddie Nelles, Alison Jeschke, Jess Khoury, Alex Colella, and Leanne Walker. Melissa acknowledged the efforts of the Communications Team and thanked the Members of Council for their continued support and making communications a priority. 6.2 John McDermott, McDermott & Associates Limited, regarding Report PDS- 033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1) John McDermott, McDermott & Associates Limited, was present regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1). Using an electronic presentation and a handout, John provided an overview of their requests for modifications to the Bowmanville East Urban Centre Secondary Plan as detailed in the handout provided. J. McDermott requested that Section 5.2 of the Bowmanville East Urban Secondary Plan be revised to include a site-specific policy on density and height restriction, or alternatively the lands noted be excluded. John added that these requests are in line with a 1990 Ontario Municipal Board decision. J. McDermott continued by asking that Section 12.1.8 of the proposed Secondary Plan be deleted and that the necessary studies be undertaken in consultation with Lakeridge Health and Ornge to determine the flight plans, and that once the studies and flight paths are completed, that they be included in the Clarington Official Plan. John answered questions from the Members of Council. 6.3 Andrew Rice regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1) Andrew Rice was present regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1). Using an electronic presentation, Andrew concurred with the previous delegation. A. Rice asked for clarification on the minimum and maximum density permitted within the plan. Andrew is concerned that if an exception is granted, more requests for exceptions will follow. A. Rice stated they are providing stable rental housing, are supportive of the hospital, will continue to respect the zoning rights and will continue discussions with Staff. Andrew answered questions from the Members of Council. 6.4 Kevin Nesbitt regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1) Kevin Nesbitt was present regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1). Using an electronic presentation, Kevin expressed concerns with safety with the demolition of the buildings on the Goodyear site. K. Nesbitt noted demolition took place on November 12th with no safety measures or demolition permit in place and this was shut down by a stop work order from the Municipality. Kevin stated the demolition resulted in excess noise, fumes, dust, odour and toxic materials being dumped close to homes surrounding the Goodyear site. K. Nesbitt requested a hazardous material survey from the Municipality and was advised that only a soil survey had been completed. Page 43 November 18, 2024 Council Minutes 3 Suspend the Rules Resolution # C-131-24 Moved by Councillor Anderson Seconded by Councillor Rang That the Rules of Procedure be suspended to extend the delegation of Kevin Nesbitt for an additional 3 minutes. Carried Kevin is concerned the company doing the demolition has no interest in protecting the neighbourhood. K. Nesbitt requested that there be testing of the materials in the building, a pre-consultation site survey, proper site mitigation, appropriate dust fencing installed, no dumping near the site and that the property be safely secured. Kevin answered questions from the Members of Council. 6.5 Bill Grainger regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1) Bill Grainger was present regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1). Bill referenced a 2018 Soil report by Capex, which noted many dangerous chemicals and toxic substances discovered at the Goodyear site. B. Grainger added that these were only the ones that exceeded the site conditions standards, and all of those toxins would have been absorbed in the building. Bill is concerned with the demolition being done safety, illegal dumping and the chemicals being dispersed in the air during demolition. B. Grainger is also concerned for the safety of the children in the area, requested more advanced notice and safety precautions to be taken. Bill supports development when it is done with the proper testing and safety measures in place. Suspend the Rules Resolution # C-132-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the Rules of Procedure be suspended to extend the delegation of Bill Grainger for an additional 3 minutes. Carried Bill asked where the soil is being taken, if the traffic impacts and access to the hospital have been considered. B. Grainger noted there needs to be growth and development but not at the expense of the safety of the community. Bill answered questions from the Members of Council. Page 44 November 18, 2024 Council Minutes 4 6.6 Aralia Grainger regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1) Aralia Grainger was present regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1). Aralia reviewed some of the chemicals found in the soil report and the potential affects of those when exposed. A. Grainger is concerned with the demolition not being done safely and not being able to go outside during the demolition. Aralia answered questions from the Members of Council. Alter the Agenda Resolution # C-133-24 Moved by Councillor Traill Seconded by Councillor Anderson That the Agenda be altered to consider Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan (Agenda Item 10.1), at this time. 10. Unfinished Business 10.1 Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report Resolution # C-134-24 Moved by Councillor Rang Seconded by Councillor Anderson That Report PDS-033-24, and any related delegations or communication items, be received; That Official Plan Amendment 136 (OPA 136) to update the Bowmanville East Urban Centre Secondary Plan in the Clarington Official Plan be adopted; That upon adoption by Council, the recommended Secondary Plan be impleme nted by staff as Council’s policy on land use and planning matters and through the capital budget program; That the recommended Urban Design Guidelines appended to the Secondary Plan be approved and be used by staff to guide development applications and p ublic projects; That the Deputy CAO, Planning and Infrastructure Services be authorized to finalize the form and content of OPA 136, the Secondary Plan, and the Urban Design Guidelines resulting from Council’s consideration, public participation, agency comments, and technical considerations; That the Deputy CAO, Planning and Infrastructure Services be authorized to execute any agreements to implement the Secondary Plan once adopted by Council; Page 45 November 18, 2024 Council Minutes 5 That OPA 136 be forwarded to the Region of Durham for approva l; and That all interested parties listed in Report PDS-033-24, and any delegations be advised of Council’s decision. Referred Resolution # C-135-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report be referred to the December 9, 2024, Planning and Development Committee meeting. Carried Recess Resolution # C-136-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That the Council recess for 10 minutes. Carried The meeting reconvened at 9:17 p.m. with Mayor Foster in the Chair. 7. Consent Agenda Resolution # C-137-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh That all Items listed in Section 7, be approved, in accordance with the Agenda. Carried 7.1 Council and Standing Committee Minutes 7.1.1 Minutes from the regular meeting of Council dated October 28, 2024 Resolution # C-138-24 That the minutes from the regular meeting of Council dated October 28, 2024, be adopted. Page 46 November 18, 2024 Council Minutes 6 7.1.2 Minutes from the General Government Committee Meeting dated November 4, 2024 Resolution # C-139-24 That the minutes from the General Government Committee meeting dated November 4, 2024, be approved. 7.2 Advisory Committee and Local Board Minutes 7.2.1 Minutes from the Clarington Heritage Committee meeting dated October 15, 2024 Resolution # C-140-24 That the minutes from the Clarington Heritage Committee meeting dated October 15, 2024, be received for information. 7.2.2 Minutes from the Newcastle Community Hall Board meetings dated October 15 and 29, 2024 Resolution # C-141-24 That the minutes from the Newcastle Community Hall Board meeting dated October 29, 2024, be received for information. 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 Resolution # C-142-24 That leave be granted to introduce By-law 2024-052; That the said by-law be approved. 8. Items for Separate Discussion 9. Business Arising from Procedural Notice of Motion 11. Confidential Items Page 47 November 18, 2024 Council Minutes 7 12. Confirming By-Law Resolution # C-143-24 Moved by Councillor Anderson Seconded by Councillor Zwart That leave be granted to introduce By-law 2024-053, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 18th day of November 2024; and That the said by-law be approved. Carried 13. Adjournment Resolution # C-144-24 Moved by Councillor Zwart Seconded by Councillor Elhajjeh That the meeting adjourn at 9:19 p.m. Carried Page 48 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Special General Government Committee Minutes Date: Time: Location: November 19, 2024 9:30 AM Off-Site Location 595 Mt. Julian Viamede Road, North Kawartha, ON Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor L. Rang, Councillor M. Zwart Regrets: Councillor S. Elhajjeh, Councillor C. Traill, Councillor W. Woo Staff Present: M. Dempster, J. Gallagher, T. Pinn, M. Chambers, J. Newman, L. Turcotte, L. Reck, D. Lyons Other's Present: H. Anderson, C. MacDonald, J. O'Meara, P. Pirri _____________________________________________________________________ 1. Day 1 - November 19, 2024 1.1 Call to Order and Welcome Mayor Foster called the meeting to order at 9:31 a.m. 1.2 Land Acknowledgement Statement Mayor Foster led the meeting in the Land Acknowledgement Statement. 1.3 Declaration of Interest There were no disclosures of interest stated at this meeting. 1.4 Meeting Overview by Mary-Anne Dempster, CAO Mary-Anne Dempster, CAO, provided an overview of the format and matters to be discussed during this two-day meeting. 1.5 Parks, Recreation, and Culture Master Plan - Presented by Darryl Lyons, Deputy CAO/Planning & Infrastructure, Lee-Ann Reck, Deputy CAO/Public Services, Monika Machacek, CEO, Clarington Library, Museums and Archives Darryl Lyons, Deputy CAO/Planning & Infrastructure, made an electronic and verbal presentation on the Parks, Recreation, and Culture Master Plan (PRCMP), facilitating a discussion regarding implementation. Darryl provided an overview of the presentation: the overview of the PRCMP; current state; and key actions. Page 49 Special General Government Committee Minutes November 19, 2024 2 D. Lyons explained that the PRCMP evaluates current resources and assets, provides a vision of future spaces and services, ensures fiscal and environmental sustainability, includes over 100 actions, and reflects the unique needs of the community for the next 10-15 years. Darryl explained that the PRCMP is needed for the following reasons: Clarington is the fastest-growing municipality in Durham Region, there is a need for service level standards, it provide s support for communities, and establishes a picture of current and future resource s. Darryl expanded on the Planning & Infrastructure key actions by incorporating a new park hierarchy as part of the Municipality’s Official Plan Review to ensure it reflects existing or planned parks; maximizing parking land dedication opportunities, particularly in Secondary Plans; exploring alternate parkland acquisition strategies; acquiring 105 hectares of additional parkland; and initiating a site selection process to identify and purchase a minimum of 30 hectares of land to create a sports complex to address long-term sports field needs. Lee-Ann Reck, Deputy CAO/Public Services continued with the electronic presentation by explaining the Public Services key actions including: prioritizing the implementation of a Facility Development Plan and creating a facilities renewal plan; building approved service levels to inform resource requirements for additional amenities; building policies (use of space)and shared use agreements to maximize facility use. Lee-Ann noted that some actions are currently underway: building an engagement structure with sport users; South Bowmanville Aquatic Facility; converting turf at Indoor Soccer to Gymnasium; increasing multi-purpose space; full-size indoor soccer dome; increasing data analytics in driving facility improvements and staffing requirements. Monika Machacek, CEO, Clarington Library, Museums and Archives, continued the presentation by outlining the CLMA key actions including: increasin g access to library resources in smaller hamlets and the rural areas of Clarington; exploring alternative historical and/or cultural uses for the Sarah Jane Williams Heritage Centre following completion of renovations. Monika noted that some of the CLMA action items are currently underway. Darryl provided details on the current state of parks, including explaining that there are currently 220 hectares of parks and 30 hectares that were developed in the last 10 years. D. Lyons noted that there is a need to acquire 105 hectares of parkland to implement the PRCMP by 2036. Mary-Anne Dempster, CAO, noted that, although we have had increases in parks, we have not had a commensurate increase in the number of Public Works staff over the years to support the parks. Members of Council asked questions about the park deficit, including as it relates to the current level of service. Staff explained that they were looking for direction from Council regarding prioritization, which will lead to decisions about parks and resources, including specialized skilled labour, and communicating those decisions and achievements. Page 50 Special General Government Committee Minutes November 19, 2024 3 Darryl explained more about locating a 30-hectare park site, including recommended criteria and potential amenities such as multiple fields, field house with washrooms, parking, and supporting amenities. Lee-Ann provided details on the current state of Clarington ’s recreation facilities. L. Reck noted that we do a good job regarding indoor recreation facilities but there are some gaps that Staff are working on. Lee-Ann stated that the Darlington Sports Centre has been renewed after an “end of life review” and it will be reviewed again in five to seven years. Other facilities will be reviewed based on Space Use Policies. Members of Council asked questions about certain uses, and programming, for indoor facilities, and communicating with the residents. Monika explained the current state of the CLMA and noted that a Maker’s Space operates inside the Courtice Library. M. Machacek reviewed the space considerations. Monika noted that the Sarah Jane Williams Centre and the Bowmanville Library branch are within 200m of each o ther but one is the busiest and one is the least busy – so Staff are actively reviewing how to use the Sarah Jane Williams Centre differently. M. Machacek provided details on alternate considerations for space for Libraries. Recess Resolution # GG-183-24 Moved by Councillor Rang Seconded by Councillor Zwart That the Committee recess for 15 minutes. Carried The meeting reconvened at 10:48 a.m. with Mayor Foster in the Chair. Darryl L. continued the presentation by facilitating areas for discussion, including:  What outdoor and indoor facilities do you think are needed in each ward? What are the priorities based on timelines set out in the Plan? Members of Council asked questions of Staff on the waterfront, including vision and funding stream. Darryl explained that options will be brought to Council to make choices. A suggestion was put forward regarding possibly making a spit (similar to the Leslie Street Spit) and the amenities surrounding it. Other options would be to focus less on the costly waterfront and more on venues. The CAO reminded Members of Council that the Zoo has already been identified by Council as the top priority. Members of Council noted that there is a gap for a performing arts space in Clarington. Staff noted that it could be a priority, but that all performing arts Page 51 Special General Government Committee Minutes November 19, 2024 4 spaces run at a deficit – so Council would need to be creative about funding (i.e. partnerships) or be prepared to support the centre. On behalf of Ward 4, Councillor Zwart indicated support for a performing arts centre and seniors programming. Mayor Foster noted that the last few strategic plans included a cultural space, and more research could indicate what cultural deficit exists. Members of Council noted that some solutions for space might be the use of churches for programming and cultural spaces, combined with affordable housing. Other discussions included the possibility of public-private partnerships or other business models with developers to achieve both a public space and affordable housing. Monika moved on to the next question:  How do you perceive the CLMA services supporting the community and what can be improved upon? Members of Council noted that digital services, being part of a cultural centre, and better use of the Sarah Jane Williams and Kirby Museums as items to be improved upon. 1.6 Parks, Recreation, and Culture Master Plan - Legal and Real Estate - Presented by Mary-Anne Dempster, CAO Mary-Anne Dempster made a verbal and electronic presentation regarding the current properties owned by the Municipality. The CAO reminded Council that the CAO had been directed to develop a five-year action plan, inclusive of a financing strategy, to address the top short-term priorities identified in the PRMCP. Mary-Anne displayed maps of each of the large seven municipal properties totalling 31.55ha (78 acres). M. Dempster summarized that there are currently owned potential park properties and that they are included at a very high level with only preliminary feasibility investigations carried out. Members of Council asked questions on the worth of the lands. Staff stated that this is just a preliminary review, and their value will be evaluated as part of future reviews. Mary-Anne asked that Members send information and questions about current lands be sent to Rob Maciver, Deputy CAO/Solicitor. Page 52 Special General Government Committee Minutes November 19, 2024 5 Closed Session Resolution # GG-184-24 Moved by Councillor Anderson Seconded by Councillor Rang That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with proposed or pending acquisition or disposition of land by the municipality or local board. Carried Rise and Report The meeting resumed in open session at 11:50 a.m. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. The Committee recessed for their one hour scheduled break in accordance with the Procedural By‑law. The meeting reconvened at 1:00 p.m. with Mayor Foster in the Chair. 1.7 High Functioning Team Training Session focusing on Council/Staff Relations - Facilitated by Rob Adams, Town Hall Consulting Resolution # GG-185-24 Moved by Councillor Rang Seconded by Councillor Zwart That, in accordance with Section 239 (3.9) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of educating or training the members. Carried Rise and Report The meeting resumed in open session at 4:31 p.m. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to provide direction to staff. Page 53 Special General Government Committee Minutes November 19, 2024 6 Recess Resolution # GG-186-24 Moved by Councillor Anderson Seconded by Councillor Zwart That the Committee recess until Wednesday, November 20, 2024, at 9:30 a.m. Carried 2. Day 2 - November 20, 2024 The meeting reconvened at 9:30 a.m. with Mayor Foster in the Chair. Monika Machacek was unable to attend Day 2. 2.1 Financial Update, Finance and Technology - Presented by Trevor Pinn, Deputy CAO/Treasurer Trevor Pinn, Deputy CAO/Treasurer, gave a verbal and electronic presentation on Clarington’s current financial position, Development Charges (DC), and the Asset Management Plan as it relates to how Clarington will make choices on large projects, particularly those in the PRCMP. Trevor provided details on:  Debt Servicing Costs Forecasted.  Upcoming Debt to be Financed, including indicating which ones are DC eligible, the limits and demands of debt, the instability of DCs, and the current DC balances.  DC update including: financing growth infrastructure; legislative changes to the DC Act; current DC Act requirements; eligible capital costs; and DC Study Process.  Keys to Consider regarding DCs.  Timeline for DC and Community Benefits Charge (CBC). Members of Council contributed to the discussion about the use of DCs. T. Pinn continued the presentation by providing the roadmap of asset management, the requirements for July 1, 2025, non-core assets and conditions, non-core service levels, core asset replacement costs, and annual shortfall. Staff and Members of Council discussed aspects of the levels of service for roads. Trevor concluded the presentation with information on the long-term financial planning funnel. Members of Council asked questions of the Deputy CAO/Treasurer regarding the vacant home tax. Page 54 Special General Government Committee Minutes November 19, 2024 7 T. Pinn explained a roadmap of long-term financial planning, including the pillars of financial planning and a long-term financial plan funnel. Recess Resolution # GG-187-24 Moved by Councillor Anderson Seconded by Councillor Zwart That the Committee recess for 15 minutes. Carried The meeting reconvened at 10:40 a.m. with Mayor Foster in the Chair. 2.2 Strategic Plan and Communications Update - Presented by Justin MacLean, Director, Strategic Initiatives, Melissa Westover, Manager, Communications, Jennifer O'Meara, Policy and Communications Advisor Melissa Westover, Manager, Communications, Justin MacLean, Director, Strategic Initiatives, and Jennifer O’Meara, Policy and Communications Advisory, made a verbal and electronic presentation on the strategic plan and communications update. Justin noted that their team met with all Members of Council on the status of the strategic plan and presented common responses from Members. J. MacLean provided an overview and details of the priorities and actions of the Strategic Plan, including the measures of progress. Justin added that the quarterly reports have been posted on the internal Hub so that all Staff can see the progress. J. MacLean provided the timeline of the implementation of the Strategic Plan, including creating a Communications document to let the community know what has been done on the Strategic Plan. Melissa Westover continued the presentation speaking on the Communications update, including information on the changing communications landscape, how Clarington is adapting, and the Service Delivery Review. M. Westover highlighted six recommendations from the Review and their plans for 2025 regarding the strategic priorities. Melissa noted that they will be working on Council public engagement in 2025. Jennifer O’Meara continued the presentation by providing more details on how Staff are going to improve Council public engagement. Melissa suggested a proposal that there could be Town Hall meetings in e ach ward (Local and Regional Councillor + Mayor = ensuring that there is not quorum). Members of Council provided feedback on the Town Hall proposal and additional ideas for public engagement, including regular Mayor videos and packages for Members to take into schools, individual Councillor’s newsletters. Page 55 Special General Government Committee Minutes November 19, 2024 8 M. Westover noted that there was more to discuss with Members of Council regarding a Council Engagement Campaign but, in the interest of time, Staff will circle back to Members of Council at a later date. 2.3 Closing Remarks by Mary-Anne Dempster, CAO Mary-Anne Dempster, CAO, concluded by thanking everyone for attending the meeting and engaging in each session. Members of Council echoed the thanks to both Staff and Members of Council. 2.4 Adjournment Resolution # GG-188-24 Moved by Councillor Anderson Seconded by Councillor Rang That the meeting adjourn at 11:39 a.m. Carried Page 56 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 General Government Committee Minutes Date: Time: Location: December 2, 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 W. Woo, Councillor M. Zwart Regrets: Councillor L. Rang, Councillor C. Traill Staff Present: M. Dempster, J. Newman, L. Turcotte, D. Lyons, R. Maciver, T. Pinn, L. Reck, J. Gallagher, D. Speed Other Staff Present: P. Da Silva, M. Westover _____________________________________________________________________ 1. Call to Order Councillor Woo called the meeting to order at 9:34 a.m. 2. Land Acknowledgement Statement Councillor Anderson led the meeting in the Land Acknowledgement State ment. 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. Page 57 General Government Committee Minutes December 2, 2024 2 5. Presentations/Delegations 5.1 Delegation by Martin Field, Chair, Spay Neuter Initiatives Association, Regarding Pet Spay Neuter for Low -Income and Homeless People Martin Field, Chair, Spay Neuter Initiatives Association, was present regarding the Pet Spay Neuter Initiatives Association. Using an electronic presentation, Martin provided an overview of the Association, the Board members, and the Spay Neuter Initiatives Program (SNIP). M. Field outlined their services and explained that they provide a 100 per cent subsidy for the unhoused members of the community. Martin added that their general municipal metric of 5 cents per capita for the Municipality of Clarington would be $5,376. M. Field outlined the benefits to the municipality and the budget from Whitby's Mayor's Community Development Fund. Martin requested Council support for the program and consider awarding a grant to them in 2025. M. Field answered questions from Members of Committee. Resolution # GG-189-24 Moved by Mayor Foster Seconded by Councillor Anderson That the Delegation by Martin Field, Chair, Spay Neuter Initiatives Association, Regarding Pet Spay Neuter for Low-Income and Homeless People, be referred to Staff for consideration in the Community Grant Program. Carried 6. Consent Agenda Resolution # GG-190-24 Moved by Mayor Foster Seconded by Councillor Zwart That all items listed in Section 6, with the exception of items 6.1 and 6.2, be approved, in accordance with the Agenda. Carried 6.3 FSD-050-24 - 2025 Interim Tax Levy Resolution # GG-191-24 That Report FSD-050-24, and any related delegations or communication items, be received; That the By-law attached to Report FSD-050-24, as Attachment 1, be approved; and That all interested parties listed in Report FSD-050-24, and any delegations be advised of Council’s decision. Page 58 General Government Committee Minutes December 2, 2024 3 6.4 FSD-051-24 - 2025 Interim Financing By-law Resolution # GG-192-24 That Report FSD-051-24, and any related delegations or communication items, be received; That the By-law attached to Report FSD-051-24, as Attachment 1, be approved; and That all interested parties listed in Report FSD-051-24, and any delegations be advised of Council’s decision. 6.5 PUB-019-23 - Corporate Climate Action Plan, 2024 Resolution # GG-193-24 That Report PUB-019-24, and any related delegations or communication items, be received for information. 6.6 CAO-009-24 - Status update on Outstanding Resolutions of Council Resolution # GG-194-24 That Report CAO-009-24, and any related delegations or communication items, be received for information. 6.1 LGS-039-24 - Intimate Partner Violence - Support of Bethesda House Resolution # GG-195-24 Moved by Mayor Foster Seconded by Councillor Anderson That Report LGS-039-24, and any related delegations or communication items, be received; That the IDEA Officer be directed to: a. Provide Letters of Support to Bethesda House for their future funding applications, highlighting the need for resources and funding to support victims of Intimate Partner Violence; b. Continue to dialogue with Bethesda House, to identify future opportunities to collaborate in support of victims of Intimate Partner Violence; That Clarington Community Engagement Staff continue with the following outstanding actions, arising out of the recommendations of Report LGS-003-24: a. Plan and host an Intimate Partner Violence Roundtable in December 2 025 with community partners to bring awareness and discuss potential community-based solutions that will address the lack of resources; b. Propose a funding stream, as part of the 2025 budget, within the Community Funding Program, which supports community safety programs, including IPV, especially in rural areas of Clarington. Page 59 General Government Committee Minutes December 2, 2024 4 That this resolution be forwarded to all Durham MPPs, the Ontario Ministry of the Attorney General, the Ministry of Women’s Social and Economic Opportunity, Durham Region Council, all lower-tier Durham municipalities, and Durham Regional Police Services Board; and That all interested parties listed in Report LGS-039-24, and any delegations be advised of Council’s decision. Carried 6.1.1 Memo-012-24 – Update to Report LGS-039-24 Intimate Partner Violence – Support of Bethesda House Item 6.1.1 was considered during Item 6.1. 6.2 LGS-042-24 - Traffic By-law Amendments Resolution # GG-196-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That Report LGS-042-24, and any related delegations or communication items, be received; That the By-law attached to Report LGS-042-24, as Attachment 1, to amend the Traffic By-law, be approved, with the following amendment: "That the fine for Item 47, parked interfere with snow removal, be changed to $50 and $75"; and That all interested parties listed in Report LGS-042-24, and any delegations be advised of Council’s decision. Carried 7. Items for Separate Discussion 7.1 LGS-040-42 - Municipal Service Boards Terms of Reference Update Resolution # GG-197-24 Moved by Councillor Elhajjeh Seconded by Councillor Anderson That Report LGS-040-24, and any related delegations or communication items, be received; That the By-law attached to Report LGS-040-24, as Attachment 1, to repeal By- law 2008-039, and to establish the Tyrone Hall Board, be approved; That the By-law attached to Report LGS-040-24, as Attachment 2, to repeal By- law 2014-094, and to establish the Solina Hall Board, be approved; Page 60 General Government Committee Minutes December 2, 2024 5 That the By-law attached to Report LGS-040-24, as Attachment 3, to repeal By- law 2008-038, and to establish the Newcastle Village Community Hall Board, be approved; That Peter Martin, and Vincent Wong, on the Newcastle Village Community Hall Board, whose terms have expired, be thanked for their work on the Board; That the resignations of Crystal Yaki and Barry Carmichael from the Newcastle Village Community Hall Board, be received with thanks; That the appointment of Janeen Calder, to the Newcastle Hall Board, be extended until December 31, 2026, or until a successor is appointed; That the Committee consider the applications for appointments to the Newcastle Village Community Hall Board, and that the vote be conducted to appoint the citizen representatives, in accordance with the Appointment to Boards and Committees Policy; That the Appointment to Boards and Committee Policy, now named the Board/Committee Management Policy attached to Report LGS-040-24, as Attachment 5, be approved; and That all interested parties listed in Report LGS-040-24, and any delegations be advised of Council’s decision. Carried Recess Resolution # GG-198-24 Moved by Councillor Elhajjeh Seconded by Councillor Anderson That the Committee recess for 10 minutes. Carried The meeting reconvened at 10:42 a.m. with Councillor Woo in the Chair. Newcastle Village Community Hall Board Resolution # GG-199-24 Moved by Councillor Anderson Seconded by Councillor Zwart That, in light of the new Terms of Reference, the appointments to the Newcastle Village Community Hall Board be referred to Staff to re-advertise for the vacancies. Carried Page 61 General Government Committee Minutes December 2, 2024 6 7.2 LGS-041-24 - Appointments to the Agricultural Advisory Committee, Diversity Advisory Committee, and Energy from Waste – Waste Management Advisory Committee Resolution # GG-200-24 Moved by Mayor Foster Seconded by Councillor Zwart That Report LGS-041-24, and any related delegations or communication items, be received; That Ryan Cullen, Jordan McKay, Brenda Metcalf, and Henry Zekvled from the Agricultural Advisory Committee, Beverley Neblett, Joe Solway, Rochelle Thomas, Dione Valentine, and Vincent Wong, from the Diversity Advisory Committee, and Glenn Baswick, Phil Haylock, Tenzin Shomar, and Jim Vincent, from the Energy from Waste – Waste Management Advisory Committee, whose terms have expired, be thanked for their work on the Committee; That Dan Spaeth, Glenn Baswick, Greg Rowden, Pankaj Panchal, be appointed to the Energy from Waste – Waste Management Advisory Committee for a term ending December 31, 2026, or until a successor is appointed; That Staff be directed to re-advertise for the youth vacancy on the Diversity Advisory Committee; That the Committee consider the applications for appointments to the Agricultural Advisory Committee and Diversity Advisory 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-041-24 and any delegations be advised of Council’s decision. Carried Agricultural Advisory Committee That Chris Ennis, Brad Found, Henry Zekveld, and Lloyd Vandergaast, be appointed to the Agricultural Advisory Committee for a term ending December 31, 2028, or until a successor is appointed. Diversity Advisory Committee That Koren Kassirer, Beverley Neblett, Rochelle Thoma s, StarLee DeGrace, Vincent Wong, be appointed to the Diversity Advisory Committee, for a term ending December 31, 2028, or until a successor is appointed. Page 62 General Government Committee Minutes December 2, 2024 7 7.3 Correspondence from the Orono Business Improvement Area, Regarding, Request for Funds from the Orono BIA Reserve Fund Resolution # GG-201-24 Moved by Councillor Zwart Seconded by Mayor Foster That the request from the Orono Business Improvement Area (BIA) to withdraw funds from the Orono BIA Fund, be approved. Carried 8. Unfinished Business 9. New Business 9.1 Veterans Crosswalk - Councillor Traill Resolution # GG-202-24 Moved by Councillor Anderson Seconded by Councillor Elhajjeh Whereas a Veterans’ Crosswalk not only makes an everyday pedestrian crosswalk more vibrant, but also creates a bold, visual statement of our respect and immense gratitude towards our veterans; Whereas a Veterans’ Crosswalk at King and Temperance is an appropriate location because it is central, close to the cenotaph and because the annual Bowmanville Remembrance parade crosses King to reach the cenotaph every November 11; and Whereas the Bowmanville Veterans Crossing will serve as a permanent memorial to those who have served in the Canadian Forces; Now therefore be it resolved that Staff proceed with the painting of a Veterans’ crosswalk crossing King at Temperance, running north/south; That the cost of the crosswalk and its maintenance be referred to the Deputy CAO/Treasurer; and That the Bowmanville Legion Branch 178 be consulted with respect to design and be invited to the opening ceremony of the crosswalk, scheduled for November 11, 2025. Carried Page 63 General Government Committee Minutes December 2, 2024 8 9.2 Request the Redistribution of the Provincial Land Transfer Tax and GST to Municipalities for Sustainable Infrastructure Funding - Mayor Foster Resolution # GG-203-24 Moved by Mayor Foster Seconded by Councillor Zwart That in accordance with Section 7.16.5 of the Procedural By-law, a New Business Item, regarding Request the Redistribution of the Provincial Land Transfer Tax and GST to Municipalities for Sustainable Infrastructure Funding, be added to the Agenda. Carried Resolution # GG-204-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh Whereas municipalities face growing infrastructure needs, including roads, bridges, public transit, water systems, and other critical services, which are essential to community well-being and economic development; and Whereas the current sources of municipal revenue, including property taxes and user fees, are insufficient to meet these increasing demands for infrastructure investment; and Whereas the Province of Ontario currently collects the Land Transfer Tax (LTT) on property transactions in municipalities across the province, generating significant revenue that is not directly shared with municipalities; and Whereas the Federal Government collects the Goods and Services Tax (GST) on property transactions, a portion of which could be directed to municipalities to address local infrastructure needs; and Whereas redistributing a portion of the Provincial Land Transfer Tax and GST to municipalities would provide a predictable and sustainable source of funding for local infrastructure projects without creating a new tax burden on residents or homebuyers; and Whereas a redistribution of a portion of the existing Land Transfer Tax and GST would allow municipalities to better plan and invest in long-term infrastructure initiatives, supporting local economic growth and improving the quality of life for residents; Now therefore be it resolved that the Municipality of Clarington Council formally requests the Provincial Government to consider redistributing a portion of the Land Transfer Tax collected on property transactions to municipalities; That the Municipality of Clarington Council calls on the Federal Government to allocate a percentage of the GST collected on property sales to municipalities; Page 64 General Government Committee Minutes December 2, 2024 9 That this redistribution of the Land Transfer Tax and GST should be structured to provide predictable and sustainable funding to municipalities, allowing for better long-term planning and investment in infrastructure projects that benefit local communities, thus ensuring that local governments receive a fair share of the revenue to address critical infrastructure needs; That copies of this resolution be forwarded to Prime Minister Justin Trudeau, Premier Doug Ford, the Ontario Minister of Finance, the Minister of Municipal Affairs and Housing, local Members of Parliament (MPs) and Members of Provincial Parliament (MPPs); and That copies of this resolution be forwarded to all 444 Municipalities in Ontario, the Federation of Canadian Municipalities (FCM), and the Association of Municipalities of Ontario (AMO) for their endorsement and advocacy. Carried 9.3 Support of Ontario Big City Mayor's Solve the Crisis Campaign - Councillor Woo Resolution # GG-205-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That in accordance with Section 7.16.5 of the Procedural By-law, a New Business Item, regarding Support of Ontario Big City Mayor’s Solve the Crisis Campaign, be added to the Agenda. Carried Councillor Woo left the Chair. Mayor Foster chaired this portion of the meeting. Resolution # GG-206-24 Moved by Councillor Woo Seconded by Councillor Zwart Whereas the Municipality of Clarington supports Ontario Big City Mayor’s SolvetheCrisis.ca Campaign and requests that the Provincial and Federal Governments take Action to Address the Growing Mental Health, Addictions and Homelessness Crisis in Ontario; Whereas there is a humanitarian crisis unfolding on the streets in our municipalities, large and small, urban and rural, across Ontario. The time for words is over, we need immediate action at all levels of government, starting with the Province of Ontario; Whereas the homelessness, mental health and addictions crisis continues to grow with 3432 drug related deaths in Ontario in 2023 and over 1400 homeless encampments across Ontario communities in 2023; Page 65 General Government Committee Minutes December 2, 2024 10 Whereas the province has provided additional funding and supports, such as the recent investment of $378 million for HART Hubs that includes funding for approximately 375 beds with wraparound supports, it does not adequately address the growing crisis and the financial and social impact on municipalities and regions across the province; Whereas municipalities and regions are stepping up and working with community partners to put in place community-specific solutions to address this crisis, but municipalities and regions lack the expertise, capacity, or resources to address these increasingly complex health care and housing issues alone; Whereas this is primarily a health issue that falls under provincial jurisdiction and municipalities and regions should not be using the property tax base to fund these programs; and Whereas there is no provincial lead focused on this crisis leading to unanswered questions that span over a dozen ministries, and a lack of support to manage the increasing needs of those who are unhoused. Now therefore be it resolved that the Municipality of Clarington supports Ontario’s Big City Mayors (OBCM) SolvetheCrisis.ca Campaign; That the Municipality of Clarington calls on the provincial and federal governments to commit to immediate action to solve the humanitarian crisis that Ontario is facing as the numbers of unhoused individuals and those suffering with mental health & addictions grows exponentially; That the province officially makes Homelessness a Health Priority; That the province appoints a responsible Minister and Ministry with the appropriate funding and powers as the single point of contact to address the full spectrum of housing needs and equally as important, the mental health, addictions and wrap around supports that must be put resourced and put in place; That the provincial government strike a task force with broad sector representatives including municipalities, regions, healthcare, first responders, community services, the business community and the tourism industry to develop a Made in Ontario Action Plan; That this provincial task force reviews the current programs and policies developed by municipalities, regions and community partners that have proven successful in our communities, as well as programs and policies proposed by various stakeholders, to evaluate their effectiveness, ability to be scaled up, and to ensure that a variety of solutions are available, as there is no one-size-fits-all answer, and can be implemented quickly and effectively to tackle this crisis; That the federal government is included in these conversations; Page 66 General Government Committee Minutes December 2, 2024 11 That both levels of government provide adequate, sufficient and sustainable funding to ensure that municipalities have the tools and resources to support individuals suffering with mental health and addictions, including unhoused people and those from vulnerable populations that may be disproportionately impacted; That the Members of Clarington Council call on the residents of the Municipality of Clarington to join us in appealing to the provincial and federal governments for support by visiting SolvetheCrisis.ca and showing your support; and That a copy of this motion be sent to:  The Right Honourable Justin Trudeau, Prime Minister of Canada  The Honourable Sean Fraser, Minister of Housing, Infrastructure and Communities of Canada  The Honourable Doug Ford, Premier of Ontario  The Honourable Sylvia Jones, Deputy Premier and Minister of Health  The Honourable Paul Calandra, Minister of Municipal Affairs and Housing  The Honourable Michael Parsa, Minister of Children, Community and Social Services  The Honourable Michael Tibollo, Associate Minister of Mental Health and Addictions  Local MPs  Local MPPs and  Ontario’s Big City Mayors Yes (5): Mayor Foster, Councillor Anderson, Councillor Elhajjeh, Councillor Woo, and Councillor Zwart Absent (2): Councillor Rang, and Councillor Traill Carried on a recorded vote (5 to 0) 10. Confidential Items 11. Adjournment Resolution # GG-207-24 Moved by Councillor Woo Seconded by Councillor Elhajjeh That the meeting adjourn at 11:29 a.m. Carried Page 67 Page 68 1 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Planning and Development Committee Minutes Date: Time: Location: December 9, 2024 5:00 p.m. Council Members (in Chambers or Electronic Participation) Members Present: Mayor A. Foster, Councillor G. Anderson, Councillor S. Elhajjeh, Councillor C. Traill, Councillor W. Woo, Councillor M. Zwart Regrets: Councillor L. Rang Staff Present: R. Maciver, J. Newman, L. Turcotte, D. Lyons, A. Tapp, K. Richardson, L. Backus Other Staff Present: R. Porras _____________________________________________________________________ 1. Call to Order Councillor Anderson called the meeting to order at 5:01 p.m. Councillor Zwart joined later in the meeting at 5:05 p.m. 2. Land Acknowledgment Statement Councillor Elhajjeh led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. 4. Announcements Councillor Zwart joined the meeting. Members of Committee announced upcoming community events and matters of community interest. 5. Presentations/Delegations 5.1 Delegation by Wendy Bracken, Regarding Response from the Region of Durham on the Durham York Energy Centre (DYEC) Capacity Increase Wendy Bracken was present regarding the Response from the Region of Durham on the Durham York Energy Centre (DYEC) Capacity Increase. Using an electronic presentation, Wendy provided an overview of the background of the increase. Page 69 Planning and Development Committee Minutes December 9, 2024 2 W. Bracken explained that the Region did not adequately address Clarington's request, and there was no response to monitoring improvements. Wendy noted that Clarington advised the Minister and Durham Region of the Host Community Agreement (HCA) commitments. W. Bracken stated that the European Union requires monitoring during other-than-normal operating conditions. W. Bracken explained that the Region owes the Host Community detailed responses, and that Clarington also requested the posting of the Environmental Compliance Assessment study documentation to the ERO project website. Wendy added that there has been no direct response to Clarington's AMESA data requests. W. Bracken urged the Committee to write to the Minister and Ministry, to get a legal opinion on the HCA and on Clarington submitting a FOI Request for AMESA data. Wendy answered questions from Members of Committee. Recess Resolution # PD-083-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That the Committee recess for 5 minutes. Carried The meeting reconvened at 5:53 p.m. with Councillor Anderson in the Chair. Resolution # PD-084-24 Moved by Councillor Traill Seconded by Councillor Elhajjeh Whereas Clarington previously advised the Minister of Environment, Conservation and Parks through its correspondence dated May 28, 2024, Re: Proposal to Increase Durham York Energy Centre Throughput to 160,000 Tonnes Per Year, that Clarington was requesting Durham Regional Council to produce an Update Report that would address a number of unresolved issues and concerns related to the Regions’ EA Screening proposal to expand waste throughput by 20,000 tonnes each year; And whereas Clarington also advised the Minister through correspondence dated May 28, 2024, Re: AMESA Monitoring and Reporting, that Clarington was again requesting Durham Regional Council to provide Clarington all of the DYEC AMESA data/results (including invalidated sampling results and rationale for invalidation), as well as all underlying reports for all sampling periods from 2015 to present and to “Ensure that all future Quarterly AMESA reports include the all- underlying data and provide a detailed rationale explaining any invalidated results and report all sampling results even if invalidated”; And whereas Durham Region responded to Clarington’s two correspondence items through Durham Report #2024-WR-7, dated November 6, 2024, which was received for information by Durham Works Committee on November 6, 2024; Page 70 Planning and Development Committee Minutes December 9, 2024 3 And whereas Durham, in its response Durham Report #2024 -WR-7, did not sufficiently address, or did not address at all, the following Clarington’s requests:  request for an updated evaluation of the need to expand throughput that would take into account programs to capture additional organics from the garbage that have come into effect since the original needs assessment done in 2019;  requests for documentation as well as a summary on how the concerns/comments submitted by the Municipality o f Clarington & the public were addressed in the EA Screening process as well as how and when any unresolved issues would be addressed (for example, summary table(s) referenced in their response did not include attachments the table itself referenced making it impossible to see how/if issues were addressed); and  request for an evaluation of DYEC Monitoring Programs and emission control technologies, as well as identification of improvements required to meet commitments in EFW Business Cases and Host Community Agreement; And whereas Durham, in WR-7, did not respond at all to Clarington’s requests “that Durham will request that ECA application(s) and supporting documents be posted to ERO” and “That Durham commits to promptly posting all ECA applications/study documents to the DYEC project website”; And whereas Durham, in their report 2024-WR-7, did not directly answer Clarington’s requests for all dioxin/furan AMESA data/results and underlying reports, nor did they answer whether they would commit to providing t hem in the future. Durham also did not provide any of the requested AMESA data/results/underlying reports; And whereas a lengthy period (five (5) years) has passed since the last public consultation on the throughput expansion in 2019 and two years have pa ssed since the Environmental Screening Report (ESR) was released; And whereas there have been numerous developments as well as new information/results that have occurred which should be considered and have potential to affect the Regions’ proposed application to amend their ECA to expand waste burning capacity by 20,000 tonnes every year at the DYEC including:  Durham’s Expanded organics collection program and multi-residential Source Separated Organics collection; Page 71 Planning and Development Committee Minutes December 9, 2024 4  At the DYEC, there have been more months of AMESA data invalidation reported, on one occasion dioxin/furan source testing was paused part way through a test run due to an operational issue then resumed, and the 2023 dioxin/furan soil testing result at the downwind station was more than double the 2013 pre-construction level and above what was predicted in the original EA health risk assessment. These findings point to the need for more and better monitoring/reporting; and  DYEC reported GHGs (in CO2e) are currently 25% higher than had been estimated in the 2009 EA. And whereas the European Union, in their Best Available Techniques (BAT) conclusions adopted in 2019, include continuous emissions monitoring for total particulate matter, continuous emissions monitoring for mercury, periodic monitoring for poly-brominated dioxins/furans, long-term dioxin/furan sampling that includes dioxin-like PCBs. None of this described monitoring is currently required for the DYEC; And whereas the EU BAT conclusions also require monitoring during Other- Than-Normal-Operating-Conditions (OTNOC). This is currently not required at the DYEC; Now therefore, be it resolved that the Municipality of Clarington requests the Minister of Environment, Conservation, and Parks to: 1. Direct the Ministry Staff that any ECA application(s) submitted by the Owner(s) of the DYEC to amend the throughput capacity be posted on the ERO for public and Municipal comment and that the posting includes the full application and all supporting documents; 2. Direct Ministry staff to require public reporting as a condition of ECA approval of all dioxin/furan long-term sampling system (AMESA) data/results, including all underlying documents, on the DYEC website, as is done with other monitoring reports such as the Air Emissions Source Testing reports, Ambient Air reports, Soil Testing reports; 3. Direct Ministry staff to review and update the monitoring requirements for the DYEC given developments in the EU and the U.S. (Oregon Senate Bill 488); 4. Direct that Ministry Staff notify the Municipality of Clarington when each of the above steps has been taken so that Clarington may comment; and 5. That this resolution be circulated to  Durham Regional Council and York Regional Council  All Durham M.P.Ps Page 72 Planning and Development Committee Minutes December 9, 2024 5  Lisa Trevisan, Assistant Deputy Minister, Environmental Assessment and Permissions Division, Ministry of the Environment, Conservation and Parks  Alison Pilla, Assistant Deputy Minister, Environmental Policy Division, Ministry of the Environment, Conservation and Parks  Kathleen O’Neill, Director, Environmental Assessment, Ministry of the Environment, Conservation and Parks  Dr. Rachael Fletcher, Director (Acting) Central Region, Ministry of the Environment, Conservation and Parks  Celeste Dugas, Manager, York Durham District Office, MECP. Yes (4): Councillor Anderson, Councillor Elhajjeh, Councillor Traill, and Councillor Zwart No (2): Mayor Foster, and Councillor Woo Absent (1): Councillor Rang Carried on a recorded vote (4 to 2) 5.2 Presentation by Absar Beg, Regarding, Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report Absar Beg, Lifelong Developments, was present regarding Report PDS-033-24 Bowmanville East Urban Centre Secondary Plan Recommendation Report. Using an electronic presentation, Absar provided an overview of 45 Raynes Avenue, Bowmanville (Goodyear) site plan, project timeline, and construction phasing. A. Beg outlined the communication strategy, demolition procedures, site safety, and security. Absar added that they obtained a storage building permit to demo the property. A. Beg provided an overview of the method of procedures, heritage items, tendering, and environmental engineering. Absar answered questions from Members of Committee. 5.3 Delegation by Andrew Rice regarding Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Andrew Rice was present regarding Report PDS-033-24 Bowmanville East Urban Secondary Plan Recommendation Report. Andrew thanked Council for referring the matter and Staff for their constructive discussions. A. Rice stated that they support the memo and are looking forward to finding a solution for the heliport. In accordance with the Agenda, Committee set aside Items 6-9 and considered Section 10, at this time. Page 73 Planning and Development Committee Minutes December 9, 2024 6 10. Public Meetings (6:30 p.m.) 10.1 Proposed Zoning By-law Amendment and Draft Plan of Subdivision No Members of the Public were present in opposition or in support of the application. Using an electronic presentation, Robert McQuillan, The Biglieri Group, provided an overview of the site location, site context, and nearby community services. R. McQuillan outlined the proposed development including single-detached dwellings, townhouses, and the on-street parking plan. Robert noted that the proposal conforms with the Durham Region Official Plan, Clarington Official Plan, and the Bayview (Southwest Courtice) Secondary Plan. R. McQuillan provided an overview of the zoning by-law amendment and answered questions from Members of Committee. 10.1.1 PDS-051-24 - Applications for a Zoning By-law Amendment and Draft Plan of Subdivision for 60 Residential Units at 1430 and 1500 Prestonvale Road in Courtice Resolution # PD-085-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That Report PDS-051-24 and any related communication items, be received for information only; That Staff receive and consider comments from the public and Council with respect to the Draft Plan of Subdivision and Zoning By-law Amendment applications submitted by the Biglieri Group Ltd., on behalf of Delpark Homes (Prestonvale) Inc. and continue processing the applications including the preparation of a subsequent recommendation report; and That all interested parties listed in Report PDS-051-24 and any delegations be advised of Council’s decision. Carried 10.2 Public Meeting for an Official Plan and Zoning By-law Amendment Libby Racansky was present regarding the application. Using an electronic presentation, Libby expressed concerns regarding parks, trails, and the protection of heritage sites for the Courtice North communities. L. Racansky explained the sensitive areas within Lake Iroquois Beach. Libby stated that forests, swamps, and plants have shallow roots because of the shallow aquifer, underlain by clay, which provides very little water to these areas. L. Racansky expressed concerns regarding construction disrupting groundwater flow, causing negative impacts such as respiratory diseases. Libby expressed concerns regarding the change of groundwater flow. L. Racansky noted that two plazas along Townline Road, south of Nash Road, are starting to show sewage backup, which will enter Harmony Creek nearby. Page 74 Planning and Development Committee Minutes December 9, 2024 7 Resolution # PD-086-24 Moved by Councillor Elhajjeh Seconded by Councillor Traill That the delegation be extended for an additional 3 minutes. Carried Libby questioned if Council could arrange monitoring as many residen ts lost their wells and have flooded basements after precipitation. Desmond Lightbody was present in opposition to the application. Desmond expressed concerns regarding the proposal encroaching on wetlands, wildlife, traffic congestion, and that the proposal exceeds the current zoning requirements. D. Lightbody stated that the proposal does not fit with the existing neighbourhood. Desmond added that the proposal should have two access points to relieve the traffic on Nash Road. D. Lightbody questioned if th e housing is proposed for government dwellings and suggested that single-dwelling homes in a cul-de-sac or two-storey townhomes would be more fitting. Desmond answered questions from Members of Committee. Victor DaSilva was present in opposition to the application. Victor expressed concerns regarding increased traffic, noise, accidents, and excess lights shining into their home. V. DaSilva stated that the proposed parking is not sufficient for the development. Victor noted that the proposal will affect wildlife and wetlands. V. DaSilva expressed concerns regarding the safety of children and suggested including an entry off Nash Road and an exit out onto Townline Road. V. DaSilva also suggested a stop sign be installed at the end of their house as they won't be able to get out of their driveway. Grant Pollock was present to question if the forested area is protected by CLOCA and answered questions by Members of Committee. Mark Ainsworth was present to question what percentage of the north area is protected by CLOCA. Mark expressed concerns regarding the wildlife, traffic, and speeding along Nash Road. M. Ainsworth questioned the type of housing outlined in the proposal. Mark suggested the proposal would be suitable as single dwellings. M. Ainsworth expressed concerns regarding the waterway and how it is affected and people trespassing into their backyard. Rudy Weinberger was present in opposition to the application. Rudy expressed concerns regarding the number of units, overpopulated schools, traffic, and parking along Nash Road. R. Weinberger stated that the forest is a protected floodplain and that the storm runoff will lead to the proposed development. Rudy suggested protecting the greenspace, floodplain, and lowering the units/storeys. Page 75 Planning and Development Committee Minutes December 9, 2024 8 Darlene Pritchard was present to express concerns regarding the protected land as they were denied erecting a shed on their property as it is protected by CLOCA. Darlene questioned how the proposal will affect the water flow, wildlife, and green space. D. Pritchard also questioned if there will be another access road and if the current homeowners will be offered a buyout of their properties. Laurie Durnin was present to express concerns regarding groundwater and flooding of harmony creek, if there is an extension onto Townline Road. L. Durnin added that they are concerned about increased crime. Khadija Nakhuda was present to express concerns regarding the number of storeys, privacy, wetlands, flooding, and the damage the proposal could do to their property. Michael McNeil was present to express concerns regarding the watershed and increase traffic of construction vehicles on Nash Road. Bisa Bogosavljevic was present in opposition to the application. Bisa expressed concerns regarding the number of dwellings, increase in residents, over- populated schools, increase in accidents, and crime. Dave Meredith, Meredith Consulting Services, was present on behalf of the owners. Dave provided an overview of the location, noting that access onto Townline Road is not an option, the official plan designation, and the concept plan. D. Meredith explained the three-dimensional overview and that they matched the current grade along the northern property boundary. Dave added that the dwellings display as a 3-storey on the south side and the dwellings are for first-time home buyers or older adults to purchase or rent. D. Meredith also noted that the apartments are geared toward rentals with townhomes sold as independent units. Dave outlined the proposed zoning on the lands. Lawson Gay was present on behalf of the owners. Lawson stated that the building is 4 storeys because of the grade. L. Gay explained that studies were done for the water flow and are meeting and exceeding the grade. Lawson stated that their first application included two access points but were asked to revise to 1 access point. L. Gay mentioned that there is lots of room for wildlife. Lawson and Dave answered questions from Members of Committee. 10.2.1 PDS-052-24 - Applications for Clarington Official Plan Amendment and Zoning By-law Amendment for 1420 and 1422 Nash Road, Courtice Resolution # PD-087-24 Moved by Mayor Foster Seconded by Councillor Traill That Report PDS-052-24 and any related communication items, be received for information only; Page 76 Planning and Development Committee Minutes December 9, 2024 9 That Staff receive and consider comments from the Public, Review Agencies, and Council with respect to the Clarington Official Plan Amendment and Zoning By-Law Amendment applications submitted by Meredith Consultant Services on behalf of Alesandro Sirizzotti, Rico Patrick Sirizzotti, Luigi Sirizzotti, Pasquale Sirizzotti, Adelina Pelosi, Giulio Sirizzotti, and Marisa Sirizzotti and continue processing the applications including the preparation of a subsequent recommendations report; and That all interested parties listed in Report PDS-052-24 and any delegations be advised of Council’s decision. Carried Recess Resolution # PD-088-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That the Committee recess for 10 minutes. Carried The meeting reconvened at 8:43 p.m. with Councillor Anderson in the Chair. Councillor Traill left the meeting. 10.3 Public Meeting for a Proposed Zoning By-law Amendment and Draft Plan of Subdivision No Members of the Public were present in opposition or in support of the application. Michael Fry and Lisa Klets, D.G. Biddle and Associates, were present regarding the application. Lisa provided an overview of the application, zoning by-law amendment, and noted that the application is consistent with all guidelines. Michael and Lisa answered questions from Members of Committee. 10.3.1 PDS-053-24 - Applications for a Zoning By-Law Amendment and Draft Plan of Subdivision to Permit the Creation of 12 Residential Lots at 3187 Middle Road, Bowmanville Resolution # PD-089-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That Report PDS-053-24 and any related communication items, be received for information only; Page 77 Planning and Development Committee Minutes December 9, 2024 10 That Staff receive and consider comments from the public, review agencies, and Council with respect to the Zoning By-Law Amendment and Draft Plan of Subdivision applications submitted by D.G Biddle and Associates Ltd on behalf of Akero Developments, and continue processing the applications including the preparation of a subsequent recommendation report; and That all interested parties listed in Report PDS-053-24 and any delegations be advised of Council’s decision. Carried 10.4 Public Meeting for a Proposed Zoning By-law Amendment and Draft Plan of Subdivision Using an electronic presentation, Libby Racansky questioned if a section could be used as a public space for relaxing practices such as yoga and tai chi, and for children to obtain needed exercise. L. Racansky noted that the surrounding development is dense and has little infiltration into the ground. Libby expressed concerns regarding air pollution, the removal of wetlands, forests, traffic, and overpopulated parks. Resolution # PD-090-24 Moved by Councillor Elhajjeh Seconded by Councillor Zwart That the delegation be extended for an additional 3 minutes. Carried L. Racansky stated that the road extension is not required and expressed concerns regarding existing cracked roads. Leslie Raitt was present to express concerns regarding traffic congestion and the potential increase in accidents. Leslie stated that Lawson Road was supposed to be a dead end with access to another street, which would have alleviated some traffic congestion. L. Raitt noted that the wetlands should be addressed and questioned if the existing residential properties on Lawson Road will be re-zoned. Leslie questioned if fencing would be erected during construction and answered questions from Members of Committee. Hanieh Alyassin, Weston Consulting, was present on behalf of the owner. Using an electronic presentation, Hanieh provided an overview of the project, nearby community services and facilities, project timeline, and planning framework. H. Alyassin explained the development proposal, including the zoning by-law amendment and draft plan of subdivision. Hanieh provided an over view of the merits of the proposed development, existing and proposed residential built forms, and findings of technical studies. H. Alyassin outlined the next steps and answered questions from Members of Committee. Page 78 Planning and Development Committee Minutes December 9, 2024 11 10.4.1 PDS-054-24 - Applications for a Zoning By-Law Amendment, and Draft Plan of Subdivision to Permit the Creation of Eight Lots, up to 16 Semi-Detached Dwelling Units, and One Future Development Block at 361 Townline Road, Courtice Resolution # PD-091-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That Report PDS-054-24 and any related communication items, be received for information only; That Staff receive and consider comments from the public and Council with respect to Zoning By-Law Amendment and Draft Plan of Subdivision applications submitted by Made-True Development Inc. on behalf of Frank Maida., and continue processing the applications including the preparation of a subsequent recommendations report; and That all interested parties listed in Report PDS-054-24 and any delegations be advised of Council’s decision. Carried The Public Meetings concluded at 9:15 p.m. 6. Consent Agenda Resolution # PD-092-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That all items listed in Section 6, be approved, in accordance with the Agenda. Carried 6.1 PDS-049-24 - Amendment to Ontario Regulation 525/97 Re: Exempting Certain Official Plan Matters from Provincial Approval Resolution # PD-093-24 That Report PDS-049-24, and any related delegations or communication items, be received; That Council endorses Staff Comments, identified in subsections 2.8 through 2.11 inclusive of Report PDS-049-24, to the Minister of Municipal Affairs and Housing on the proposed amendment to Ontario Regulation 525/97 to Exempt Certain Official Plan Matters from Approval under the Planning Act; That Report PDS-049-24 be adopted as the Municipality of Clarington’s submission to the Province on the proposed Amendment to Ontario Regulation 525/97 to Exempt Certain Official Plan Matters from Approval under the Planning Act; Page 79 Planning and Development Committee Minutes December 9, 2024 12 That a copy of Report PDS-049-24 and Council’s decision be sent to the Ministry of Municipal Affairs and Housing, the Region of Durham, and other Durham Region area municipalities; and That all interested parties in Report PDS-049-24, and any delegations be advised of Council’s decision. 6.2 PDS-050-24 - Application by Tribute (King Street) Ltd. for a Zoning By-law Amendment for 203 Apartment Units and 171 Townhouse Units in Courtice Resolution # PD-094-24 That Report PDS-050-24 and any related delegations or communication items, be received; That the Zoning By-law Amendment application submitted by Tribute (King Street) Ltd. be approved and the Zoning By-law Amendment in Attachment 1 to Report PDS-050-24 be approved; That the Region of Durham Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-050-24 and Council’s decision; and That all interested parties listed in Report PDS-050-24 and any delegations be advised of Council’s decision. 7. Items for Separate Discussion 8. Unfinished Business 8.1 Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report Resolution # PD-095-24 Moved by Mayor Foster Seconded by Councillor Woo That Item 8.1 Report PDS-033-24 - Bowmanville East Urban Centre Secondary Plan Recommendation Report and 8.2 Memo-013-24 - Bowmanville East Urban Centre Secondary Plan, be referred to the January 27, 2025, Council meeting. Carried 8.2 Memo-013-24 - Bowmanville East Urban Centre Secondary Plan Item 8.2 was considered during Item 8.1. 9. New Business Page 80 Planning and Development Committee Minutes December 9, 2024 13 11. Confidential Items 11.1 LGS-043-24 - Proposed Acquisition of Property by the Municipality Resolution # PD-096-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That Report LGS-043-24 be approved in accordance with the Closed Session Agenda. Carried 9. New Business 9.1 Durham Homelessness Support Line Suspend the Rules Resolution # PD-097-24 Moved by Mayor Foster Seconded by Councillor Elhajjeh That the Rules of Procedure be suspended to add an additional item to the Agenda. Carried Resolution # PD-098-24 Moved by Councillor Zwart Seconded by Mayor Foster That Staff be requested to inquire about posting the Durham Homelessness Support Line at the commuter parking lot on Newtonville Road. Motion Withdrawn 12. Adjournment Resolution # PD-099-24 Moved by Mayor Foster Seconded by Councillor Woo That the meeting adjourn at 9:45 p.m. Carried Page 81 Page | 1 Clarington Accessibility Advisory Committee Minutes Wednesday September 25, 2024 6:30 p.m. Hybrid Via Microsoft Teams If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131 Present: Keith Brettell Sanja Wirch Barbara Henn Sheikh Hossain Councillor Corinna Traill (Until 7:10pm) Hawa Mire (Joined at 7:41pm) Also Present: Jeannette Whynot – Accessibility Coordinator Regrets: Lesley Scherer (Chair) Allison Speight Beatrice Kraayenhof The meeting called to order at 6:30 p.m. 1. Land Acknowledgement Statement Keith Brettell shared the Land Acknowledgement Statement. 2. Declarations of Interest No declarations 3. Approval of June 19, 2024 Meeting Minutes Moved by Barb Henn, seconded by Sanja Wirch That the June 19, 2024 meeting minutes be approved as presented. Carried 4. Regional Awards Night Recap & Feedback Jeannette asked the Committee for feedback about the recent Regional Accessibility Awards evening. Members who attended shared that they enjoyed the evening overall but had some feedback on how to make it more accessible and inclusive. Members who did not attend also offered feedback on what deterred them from attending. Jeannette advised she would pass along the feedback to staff at the Region and encouraged committee members to fill out the feedback form if they had not done so already. 5. Accessibility Design Standards – Update Page 82 Page | 2 Jeannette advised that the Clarington Accessibility Design Standards (CADS) report was approved by Council at their September 23rd meeting. A brief discussion about how information within CADS could be best shared with the committee took place. Committee members requested that the Accessibility Coordinator add CADS to each agenda and speak to a few sections; this will allow information to be shared without it becoming overwhelming or taking over the entire meeting. Quorum was lost at 7:10pm once Councillor Traill left the meeting. 6. AppleFest – Saturday October 19th Jeannette advised the committee that AppleFest is taking place on Saturday October 19th from 9am to 5pm in downtown Bowmanville and is looking for committee volunteers to support her in promoting Treat Accessibly to the community. The Municipality will have a tent on Temperance St and committee members were encouraged to volunteer for a couple of hours, if able to attend. Additional information will be shared to the committee through email. Sanja Wirch suggested we create an interactive photo prop to promote Treat Accessibly at AppleFest. The idea is to have a large board with the Treat Accessibly characters from the postcard and have it set up so people can take their picture with the head poking through. Committee members mutually agreed it was a great idea and Jeannette advised she would try to make that happen, but if it wasn’t possible this year she would ensure it was in place for next year. 7. South Bowmanville Recreation Centre (SBRC) Jeannette advised that the project team for the SBRC would like to meet with the AAC to gather their feedback about their current design plans. In August Lesley and Keith met with the project team and provided feedback, however given the size of this municipal project, the team would like to engage with the entire AAC. Jeannette advised that she will coordinate a special AAC meeting in October so everyone can review and provide feedback on this important project. Additional information will be shared through email as it becomes available. 8. AAC Work Plan and Future Meetings The AAC reviewed their current workplan and discussed goals that were now complete and offered suggestions for additions. Many of the suggestions focused on ways disability and accessibility and be included into the Municipality’s social media posts. Jeannette advised she will use the workplan to guide future agendas and will ask the committee to review it regularly to ensure their goals are tracked and worked on. Quorum was re-obtained at 7:41pm when Hawa Mire joined the meeting. 9. Next Meeting A special meeting will be held in October. Jeannette will share the date with committee members as soon as possible. A calendar invitation for the November meeting will be sent as soon as possible. 10. Other business Page 83 Page | 3 No other business was discussed. 11. Adjournment Moved by Sanja Wirch, seconded by Sheikh Hossain That the meeting be adjourned. Carried Meeting was adjourned at 7:45pm. Page 84 Page | 1 Clarington Accessibility Advisory Committee Minutes Tuesday October 15, 2024 6:30 p.m. Online Via Microsoft Teams If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131 Present: Lesley Scherer (Chair) (until 7:40pm) Keith Brettell Sanja Wirch Barbara Henn Sheikh Hossain Beatrice Kraayenhof Also Present: Jeannette Whynot – Accessibility Coordinator Katelyn Brown – Municipality of Clarington Ken Ferguson – Municipality of Clarington Dare Orija – Colliers Project Leaders Shalice Coutu – MJMA Dan Kronby – MJMA Regrets: Councillor Corinna Traill Hawa Mire Allison Speight The meeting called to order at 6:32 p.m. 1. Land Acknowledgement Statement Lesley Scherer shared the Land Acknowledgement Statement. 2. Declarations of Interest No declarations 3. South Bowmanville Recreation Centre (SBRC) presentation and discussion Shalice Coutu, architect with MJMA, presented the current plans for the SBRC Phase 1 expansion, highlighting specific accessibility elements such as turning radiuses, clear space and the locations of power door operator, among other things. Committee members offered the following comments and recommendations. Mobility Device Charging Station • The AAC recommends placing a mobility device charging station near the main entrance. Positioned in a way that users can charge their device and have a clear view of the parking lot. Page 85 Page | 2 Parking & North Entrance • The Committee is supportive of the design and location of the accessible parking spaces. They expressed their appreciation that four of the accessible spaces will feature EV charging stations that can only be used by cars with accessible parking permits. • The Committee suggested moving the bike racks further away from the accessible parking spaces to reduce the chances of cyclists interfering with the accessible path of travel. It was noted that cyclists can pose a danger to people with disabilities when their spaces are not clearly defined or intertwine too closely. • The Committee was pleased to see tactile wayfinding incorporated but noted it needed refining before they can offer meaningful accessibility. Outdoor Community Square Overall, the Committee is supportive of the proposed outdoor space being developed as part of Phase 1. Current drawings lack enough detail for the Committee to provide detailed comments, however the following things were discussed: Service Animal Relief Area • It was recommended that this be located east of the south exist because there appears to be clear space adjacent to the sprinkler room. Utilizing the sprinkler room’s water access will allow staff to wash the space, thus ensuring it is kept clean. Its proximity to the entrance also makes this a desirable location. Additional Rest Areas • Committee members recommended that additional rest areas/seating be provided along the walking/skating path. Current plans do not show any seating beyond the current gathering area, however offering rest areas throughout the area will ensure people of all abilities are able to safely sit when they need a break. Seating Garden • The Committee would like to see more detailed plans when they are available. • Any fixed seating and site furniture must consider the needs of people with disabilities, their equipment and the people who support them. Emergency Assistance • Members asked if it was possible to incorporate a blue light emergency system in the outdoor space. Blue Light beacons are found on college and university campuses have and provide pedestrians a way to call for help in an emergency. • The design team advised they had not considered this but would explore options. Indoor – General Comments • A committee member suggested including a scannable QR code at the entrance that linked to an online map giving people who are blind and low vision an opportunity to navigate the facility independently. • The majority of power door operator locations are in excellent locations; however Committee members noticed a few locations that could be better designed. For example, behind the customer service counter, the power door button is poorly placed behind a workstation and on the hinge side. • The Committee prefers the elongated power door openers over the traditional circular design because it is more inclusive. Page 86 Page | 3 • Seating should be moveable and meet the needs of larger bodies. Consider offering a mix of seats with and without arm rests. • Consider incorporating sensory elements into the interior décor. Tactile features on walls were offered as a suggestion. • Signage should be clear and well-designed. Raised characters, in addition to Braille, will make signage accessible to blind users. Quiet Space & Prayer Room • The Committee noted they were really pleased to see a quite space being provided, however they raised concerns with it being a shared space for prayer and religious needs. • If someone is using the quiet room to calm down and someone is using the adjacent space for prayer, how well will that meet the needs of the users? • The Committee recommends the two spaces be separated and accessed through separate doors. Indoor – Washrooms • The Committee asked if it was possible to include one Hoyer Lift in the facility to assist caregivers when transferring people onto the adult change room. They suggest adding a ceiling Hoyer Lift to Universal Accessible washroom located near the change rooms. • Washroom signage should indicate the features within it and include Braille that is accurately states what kind of washroom it is. The project team thanked the members of the AAC for thoughtful and insightful comments. The AAC will be consulted again once there are additional designs to review. 4. Other Business No other business was discussed. 5. Adjournment Moved by Keith Brettell, seconded by Barb Henn That the meeting be adjourned. Carried Meeting was adjourned at 8:02pm. Page 87 Samuel Wilmot Nature Area Management Advisory Committee Minutes October 22, 2024 Municipality of Clarington Building - Room 1 C If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Participation: Y/N Person Y/N Person y Brian Reid (Past Chair) y Leanne Fernandez y Carmen Aeillo R Leo Blindenbach y Councillor Margaret Zwart (Council Liaison) n Patrick Bothwell y Kate Potter (Chair) y Tom Hossie (Vice Chair) y Ken Mercer (Staff) R Rod McArthur y Leah Bourgeois R N Meg Vandenbrink Kayla Stephens Agenda Items 1. Call To Order And Welcome _ Kate Potter 2. Additions To The Agenda / Adoption Of The Agenda – The following items were added to the agenda at the request of member Tom Hossie: update re number of monarch tagged; wildflower meadow garden; status of member Leo Blindenbach. 3. With the above additions, moved by Leah, seconded by Tom that the agenda be accepted. CARRIEDhad indicated his willingness to step 4. Adoption Of Minutes Of Previous Meeting - moved by Leanne, seconded by Carmen, that the minutes of the previous meeting be accepted. CARRIED 5. Committee Administration • Annual report to Council – Kate advised that she had received input from some members re this item and revised the document accordingly. After some discussion, it was decided that the report would be made in person to Council with Kate and/or Tom making the presentation. It was agreed that the presentation would focus on what we have done and that Councillor Zwart would ask what Council could do to support the work of the committee. At that point, our concerns about communication etc. could be introduced. Page 88 • Status of member Leo Blindenbach – Kate advised that Leo had indicated he was prepared to withdraw from the committee because of his health concerns and make way for a new member. It was the consensus of the committee that there was no reason for him to do so at this time and that we would offer the opportunity for him to participate in meetings by Teams or Zoom. 6. SWNA Workplan: a. Q3 and Q4 i.Moth week Event– completed successfully ii.Monarch tagging event – Tom advised that our final tally of monarchs tagged was 377. 65% were male, 35% female. This is consistent with results from previous years . The committee will consider moving the event to the Cobbledick side next year or having the event in its usual place in the morning while offering an opportunity to tag on the Cobbledick side in the afternoon.. Discussions also took place about improving how we distribute and control our tags to ensure that those who have the time to do additional tagging have sufficient tags to do so. . iii.Atlantic salmon – Leah advised that public turnout was disappointing but it was agreed that the event was well worth holding. The presenter is even prepared to offer the presentation at another time if we wish to do so. It was suggested that we need to improve how we advertise/communicate information about all of our events to ensure we are reaching the appropriate audiences. This could include different/additional poster distribution, use of a QR code approach etc. iv.Bird box maintenance - will commence in early November after we have completed our fall cleanup v. Christmas Bird Count – Brian is still awaiting the name of the contact person for our area but advised that we can proceed even without that if necessary vi. Fall cleanup – scheduled for November 2nd starting at 9:00 am. In the Toronto Street parking lot. Brian has sufficient bags and gloves. Page 89 b. 2025 workplan ideas? • Stormwater pond path / trail . The suggestion was made to formalize the current pathway that has been created by visitors. The purpose of this would be to protect the integrity of the area and prevent trampling etc. There are potential liability issues associated with creation of trails. Further discussion is required. Note: all members are encouraged to bring their ideas to our November meeting for projects, events etc that could be done in 2025 7. External Projects: a. (Update) Special projects / general update on relevant items from the Municipality of Clarington (Ken) • Management Plan – nothing new to report • Parks and Recreation Plan – currently in draft format • Waterfront Strategy – nothing new to report • Stormwater Plant work – Ken hopes to have an update for our November meeting. Member indicated that usage of the nature area has certainly been affected by the work involved in this project. 8. Other Business a. By-law infractions (camping, fishing, mountain biking/pits, harvesting) – nothing reported b. Wildflower meadow garden – Tom advised members that he had recently inventoried the various wildflowers that had been planted and supplemented in the Cobbledick meadow garden. He was pleased to see that virtually all of those species are present and reproducing naturally. Brian added that the new smaller pollinator garden established this spring with the assistance of students from Courtice High School also did very well. c. Leanne advised that some members of the public had reported to her about the presence of ticks in the nature area. Tom will share information with members about dealing with ticks so that we can address questions from the public. 9. Round Table – some members advised that they had been limiting their trips to the nature area in recent months because of the work being done on both sides. Carmen reported that he had recently read an article about a group of scientists in Mexico who are endeavouring to plant more of the special fir trees used as roosts by monarchs at higher altitudes to offset the impact of climate change on those in their present location Next Meeting - November 19th – Municipal Building Room 1C 7:00 p.m. Page 90 * Subject to Advisory Committee approval * Agricultural Advisory Committee of Clarington November 14, 2024 Agricultural Advisory Committee of Clarington Meeting Minutes Date: Thursday, November 14, 2024 Time: 7:30 p.m. Location: Microsoft Teams or Meeting Room 1C, Municipal Administrative Centre 40 Temperance St., Bowmanville, Ontario Members Present: Henry Zekveld (Chair), Tom Barrie, Richard Rekker, John Cartwright, Jordan McKay, Brenda Metcalf, Mitch Morawetz (DRFA), Councillor Zwart Regrets: Eric Bowman, Craig Rickard, Jennifer Knox, Ryan Cullen Staff Present: Sylvia Jennings, Amanda Crompton – Planning and Infrastructure Services Guests: Ron Trewin, Andrew Janes – Region of Durham 1. Welcome and Introductions H. Zekveld welcomed all to the meeting, with introductions. 2. Land Acknowledgement Statement H. Zekveld recited Clarington’s Land Acknowledgement Statement. 3. Declarations of Interest None 4. Approval of Minutes of October 10, 2024 An amendment to the minutes of the October 10, 2024 meeting was identified. Jenny Carnaghan is a Durham farmer, but not a Clarington farmer. 024-018 Moved by Tom Barrie, Seconded by Richard Rekker That the Minutes of the October 10, 2024 meeting, as amended, be approved. Carried 5. Presentations / Delegations 5a. Regional Roads Capital Program, Ron Trewin and Andrew Janes, Region of Durham Works Department R. Trewin and A. Janes shared a presentation on the Regional Roads Capital Projects in Clarington, focusing on rural projects. They described road rehabilitation projects that were budgeted for in 2024, including along portions of Highway 2, Regional Road 3, Grandview St, Columbus Road, and Taunton. A culvert and a Page 91 Agricultural Advisory Committee of Clarington November 14, 2024 bridge project in Clarington were reviewed. The vision zero project, which is a road safety project aiming to lower fatalities, is currently focusing on installing roundabouts and automated speed cameras near schools. New intersection upgrades were reviewed. A. Janes noted that new traffic signals can cost between $150,000 to $250,000 for traffic signal installation, approximately $2 million for full intersection reconstruction (with traffic signals) and a roundabout can cost $4 million. Due to growth, Clarington is currently slated for many intersection upgrades, several of which are good candidates for roundabouts. R. Trewin and A. Janes noted that they are continuing to upgrade current rural road standards with the feedback from rural and agricultural residents. They noted feedback from farmers helps designers with understanding the local conditions (i.e. groundwater, traffic, farm field entrances, etc.) and incorporating these conditions into the design. They’ve heard concerns about sightlines, guiderails that limit the shoulder, and mountable curbs. Due to changes to excess soil regulations, the Region is having difficulties disposing excess fill. They are working with farmers and municipalities to use fill in ways like lessening slopes adjacent to roadways or filling low areas in farm fields. Committee members asked questions about the status of various road improvements and the process for choosing which projects to undertake. Further questions or comments from Committee members can be sent to A. Janes. H. Zekveld thanked A. Janes and R. Trewin for their presentation. 6. Business Arising from Previous Meeting 6a. Update on Migrant Worker Housing S. Jennings provided an update on the Migrant Worker Housing topic discussed at the October meeting. The Municipality is currently working on a municipally initiated zoning by-law amendment for migrant workers housing to resolve the ongoing issues for the upcoming season. Staff are planning to attend the AACC in the new year to provide an update and outline the path forward. 7. Correspondence, Council Items and Referrals S. Jennings informed the Committee that the Exotic Animal By-law was amended at the October 28, 2024 Council meeting to permit backyard chickens (By-law to amend the Exotic Animal By-law 2012-045). 8. Liaison Reports 8a. Durham Agricultural Advisory Committee – T. Barrie T. Barrie provided the update. Economic Development’s heavy equipment tech program will be delayed until the new year. The new DAAC work plan was discussed. DAAC considered the implications of the Region’s planning power being downloaded to the low tiers, and how DAAC can continue to advocate. 8b. Durham Region Federation of Agriculture Page 92 Agricultural Advisory Committee of Clarington November 14, 2024 The DRFA’s annual meeting was held last month to poor attendance. More directors are needed at the board level. The OFA annual meeting is on November 26 and 27, and they are open to delegates from Durham. A social is being planned for an Oshawa Generals game in the new year. 8c. Durham Farm Connections – B. Metcalf B. Metcalf provided the update. The Celebrate Ag Gala was held with 180 tickets sold and over $9,000 raised from the auction. Funding raised from sponsors is still to be determined. B. Metcalf noted that money raised goes towards the education programming. DFC has stayed financially viable due to sponsors, grants, and fundraising efforts. 8d. Durham Agricultural Economic Development Update – A. De Vos No update. 9. New Business 9a. 2021-2024 AACC Term Ending Committee members noted that the 2021-2024 AACC term for four of the current the members will be ending at the end of the year. Applications for the 2025-2028 term close November 14, 2024. 9b. Durham Climate Round Table A Committee Member attended the Durham Climate Round Table Fall Forum. He suggested there was a presence climate alarmism and anti-meat sentiment. 10. Date of Next Meeting December 12, 2024 11. Adjournment 024-019 Moved by John Cartwright, Seconded by Eric Bowman That the meeting adjourn at 9:00 p.m. Carried Page 93 If this information is required in an alternate format, please contact the IDEA Officer at 905-623-3379 ext. 2563 Clarington Diversity Advisory Committee Minutes for November 14, 2024 Microsoft Teams Need help? Join the meeting now Meeting ID: 241 379 956 663 Passcode: Crdbfd Dial in by phone +1 289-274-8255, 384371305# Present: Tenzin Shomar Pranay Gunti Lauren Reyes-Grange (joined 7:25 pm) Joe Solway Bev Neblett Vincent Wong Rochelle Thomas Dione Valentine Ron Hooper (joined at 7:39 pm) Regrets: Councillor Anderson Also Present: Pinder DaSilva, Municipality of Clarington; Donnalee Smith, CLMA 1. Call to Order: Meeting called to order at 7:01 pm 2. Land Acknowledgement Land Acknowledgement read by T. Shomar The Municipality of Clarington is situated within the traditional and treaty territory of the Mississaugas and Chippewas of the Anishinabeg, known today as the Williams Treaties First Nations. Our work on these lands acknowledges their that resilience and their longstanding contributions to the area now known as the Municipality of Clarington. 3. Declaration of Interest There were no disclosures of interest stated at this meeting. Page 94 Clarington Diversity - 2 - November 14, 2024 Advisory Committee 4. Review and approval of Agenda Moved by R. Thomas; seconded by B. Neblett That the agenda for November 14, 2024, be approved with the following additions: Social Media Working Group under Other Business Carried 5. Adoption of Minutes Moved by B. Neblett, seconded by R. Thomas That the meeting minutes for October 17, 2024, be approved with the following wording change, under the Other Business – Parks, Recreation, and Culture Master Plan, that highlights the commitment staff have already made. “Committee members asked P. Gunti for further clarification on what the community is wanting given that staff have already committed to prioritized finding an appropriate location for a brand-new cricket pitch and this is already a recommendation in the PRC Master Plan.” Carried 6. Review of committee mandate & Terms of Reference Committee discussed the appropriateness of putting forward a Motion to Council asking the Municipality to prioritize a cricket pitch in the PRCMP. The Motion went to Council, but it was not approved because Council and Staff have already outlined commitment for a cricket pitch. Committee members concerned that the reputation of CDAC was jeopardized with the Motion as Council did question why CDAC was putting forward such a motion. P. Gunti requested clarification on whether the CDAC was only going to put motions forward that would be approved by Council. T. Shomar clarified that is not what he was stating but that in the future it would be beneficial for members to share motions with P. DaSilva and T. Shomar ahead of the meeting to ensure that it is not anything counter productive to what the committee, staff and council are already doing. Discussed that motions do not have to be the only way CDAC can get answers to issues. Committee is permitted to ask questions of P. DaSilva to see if she can get answers, organizations can do a delegation to Council or write/email Council. Page 95 Clarington Diversity - 3 - November 14, 2024 Advisory Committee P. Gunti shared that he decided to ask the committee to put a motion forward as the cricket pitch did not appear to be a priority at previous CDAC meetings when the issue was discussed and there were no specific timelines for the cricket pitch given in the PRCMP. Stated he did not feel that the credibility or integrity of the committee was jeopardized by the motion. 7. Committee Recruitment Update P. DaSilva shared that Council will be appointing new terms at the December Council meeting. There were no youth applications submitted so will work with Clerks dept in January to re-post and do more targeted recruitment (high schools, post-secondary, youth specific organizations etc.). 8. CDAC Workplan Update Student Bursary - review of 2023 - 2024 process + next steps Reviewing the bursary process that was implemented last year and determine what the next iteration should look like. P. DaSilva will coordinate a time for the working group to meet some time in January 2025 once Council has appointed the new CDAC members. Youth Civic Engagement Working group met on October 31st, included P. DaSilva, R. Thomas, T. Shomar, Councillor Woo and Clarington staff (J. O’Meara and C. MacDonald). Started the discussion on what a civic engagement program could look like, including a mock city hall program and doing this in conjunction with the grade 10 civics class. Everyone on the call is interested in figuring out how to move it forward. P. DaSilva has reached out to the high school teachers across Clarington but has only heard from one school so far. Will reach back out to the schools R. Thomas also provided some great resources from Federation of Canadian Municipalities (FCM) resources that can be utilized to solidify the logistics of such an initiative. Diversifying community events Working group met and shared ideas on how they would like to increase diversity at Clarington events, including hosting a one-day multicultural food and/or entertainment festival. P. DaSilva shared that there is a new Director being hired for Community Services so no decisions have been made on what community events will be implemented for next year. P. DaSilva will continue to reach out to Community Services to ensure this type of event stays relevant and part of the planning discussion. Page 96 Clarington Diversity - 4 - November 14, 2024 Advisory Committee R. Hooper also shared that all the BIA events are open to different businesses putting in their booths and highly encouraged the committee members to continue to share the BIA events within and across different communities. 9. Council Update Councillor Anderson was not available to attend the meeting, so no Council update provided. 10. Community Participation Update AMO Healthy Democracy Conference T. Shomar, P. Gunti and P. DaSilva attended the Healthy Democracy conference hosted by Association of Municipalities of Ontario (AMO). Presenters discussed many different issues and initiatives. AMO shared the results of a research project that looked into the experience of racialized and equity deserving electoral candidates which included their experiences of racism and discrimination that prevents diverse individuals from continuing their interest in Municipal elections. Also presented data points and stats of representation of council across Ontario. Some organizations presented their election school initiatives that focus on teaching new candidates how to run an election (completing paperwork, setting up a website, rules around fundraising, how to canvas for support, media management etc.). Separate Healthy Democracy sessions specific to youth which included finding different ways to engage youth in democracy and civic engagement. Had a few young mayors who presented on the importance of engagement. DEI Symposium Hosted by the Region at Regional Council Chambers. Had approximately 50 individuals from Municipal DEI committees, DRPS and other community organizations attended. Was great discussion that included different municipalities presenting their workplans which resulted in themes being identified. Region is now looking at how we can all continue to collaborate and work together in the future. 11. Community Updates Transgender Week of Awareness – flag raising will take place on Nov 15th at 10 am in Veteran’s Square. P. DaSilva encouraged everyone to come out and support the flag raising, if they are available. Page 97 Clarington Diversity - 5 - November 14, 2024 Advisory Committee P. DaSilva shared that the Communication team is hosting a photo shoot on December 6th at Diane Hamre that is open to committee members. They are looking to have diverse individuals (race, culture, age, family dynamics etc.) represented. Photos will be used in Clarington social media. P. DaSilva will send out an invitation and registration form. P. DaSilva shared that earlier this year Canada unveiled its’ multi-year Anti-Racism Framework. The development of the framework included consultations with interest and equity-deserving groups across Canada to help inform how anti-racism was defined. At the time, there was no inclusion of Anti-Palestine racism. There has been ongoing conversation with the Canadian gov’t which may result in Anti-Palestine Racism being included in the definition. 12. CABRTF Update D. Valentine shared that the HR working group met with the Clarington HR committee. The plan for the development of a formal HR strategy was presented. The working group asked how they could support the work of the HR Strategy. Ideas and suggestions were shared, and the working group is regrouping to figure out how they can further support the HR strategy to include an increase in recruitment and retention from the Black community. 13. Other Business L. Reyes-Grange and R. Thomas shared that they were on the CABRTF working group looking at inclusivity and Black representation of Clarington’s social media platform. They introduced a social media audit document to P. DaSilva but because the audit lens was very wide (looked at accessibility, AODA, Plain language, inclusive language, pronouns). P. DaSilva had advised them that based on the fact that 1) there is an Accessibility Coordinator and Accessibility Committee who is responsible for anything related to AODA, and 2) the inclusion audit components are within CDAC’s TOR/scope, that it may be better to move this project to CDAC unless they want to go back and only look at it through the Black community lens. CDAC members agreed this would be a good initiative to move forward with on CDAD once the accessibility sections are removed from the audit. P. DaSilva will include the proposed audit list and add for further discussion at the next CDAC meeting and arrange a time for L. Reyes-Grange and R. Thomas to meet with the Comm’s team. T. Shomar wanted to bring to CDAC members attention that at the last Council meeting a delegation brought forward the idea of fireworks for Diwali so that aligns with the same rules that the Municipality has for Canada Day and Victoria Day. Members of the community do not need a permit and do not pay anything to launch fireworks for these two holidays. The delegation would like the same consideration for Diwali. Page 98 Clarington Diversity - 6 - November 14, 2024 Advisory Committee Council has decided to complete a Diwali “pilot” project – fees for this year were exempt but applications to launch fireworks had to be submitted. Staff are to report back to Council how many applications were received to make a decision in the future. P. DaSilva will reach out two organizations to see if they are interested in coming to present to CDAC in the new year – Redemption House Recovery and Honouring Indigenous People’s Organization Members discussed cancelling the December meeting. Moved by D. Valentine; seconded by R. Thomas That the December 12th meeting be cancelled. Carried Moved by J. Solway; seconded by R. Thomas That CDAC meeting be adjourned at 8:59 pm. Motion to adjourn – Joe and Rochelle Carried Next Meeting: January 9th Page 99 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2024-054 Being a by-law to authorize an Interim Tax levy for 2025. W hereas the Council for the Municipality of Clarington deems it necessary to pass a by- law to levy an Interim Rate for 2025 on the whole of the assessment for each property class in the local municipality as provided for in Section 317 of the Municipal Act, 2001 as amended; And whereas Section 317 (2) of the Municipal Act, 2001 as amended, allows a by- law to levy interim taxes to be passed in November or December of the previous year if it provides that it does not come into force until a specified day in the following year. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That the Council of the Corporation of the Municipality of Clarington is hereby authorized to levy in 2025 on the whole of all taxable assessment on the property according to the last revised assessment roll, a sum not to exceed that which would be produced by applying the prescribed percentage (or 50 per cent if no percentage is otherwise prescribed) of the total amounts billed to each property for all purposes in the previous year on the properties that, in the current year, are in the property class as provided for in Section 317 of the Municipal Act, 2001 as amended; 2. That for the purposes of calculating the total taxes for the previous year under paragraph 1, if any taxes were levied for only part of the previous year because assessment was added to the roll during the year, an amount shall be added equal to the additional taxes that would have been levied if the taxes had been levied for the entire year; 3. That the interim tax levy rates shall also apply to any property added to the assessment roll after this by-law is enacted; 4. That all taxes levied under the authority of this By-law shall be payable in Canadian funds and shall be divided into two equal instalments, the first of said instalments to become due and payable on or before the 20th day of February 2025 and the second of said instalments to become due and payable on or before the 17th day of April 2025 and shall be paid to the Treasurer of the Corporation of the Municipality of Clarington. Upon payment of any applicable fee, and if paid on or before the due date imprinted on the bill, taxes may also be paid at most chartered b anks in the Province of Page 100 Ontario; 5. That as Section 342(b) of the Municipal Act, 2001, as amended provides for alternative instalments and due dates in the year for which the taxes are imposed other than those established under clause (4) to allow taxpayers to spread the payment of taxes more evenly over the year. A taxpayer may pay taxes on a 12- month pre-authorized payment plan payable on the first day of each month from December to November. In the event of the default of payment on the pre - authorized payment plan, enrolment in the plan shall be terminated and the interim tax levy shall be due and payable on the instalment dates as set out is Section 4 of this by-law; 6. That as provided in Section 345 (2) of the Municipal Act, 2001, as amended if the taxes or any instalment levied in accordance with this by-law remain unpaid on the first day of the month following the instalment due dates set out in Section 4 of this by-law, a penalty of one and one quarter per cent (1.25%) will be imposed on the amount for taxes due and unpaid; and 7. That as provided in Section 345(3) of the Municipal Act, 2001 as amended any taxes levied pursuant to this by-law that are due and unpaid, interest at the rate of one and one quarter per cent (1.25%) per month (15% per annum) of the unpaid taxes shall be levied on the first day of each calendar month for so long as the taxes remain unpaid. 8. That in accordance with the Municipal Act, 2001, Section 317(2) this by-law shall be effective on January 1, 2025. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 101 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 2024-055 Being a by-law to authorize the borrowing of $15,000,000 to meet, until taxes are collected, the current expenditures of the Municipality for the year 2025. Whereas under Section 407 of the Municipal Act, 2001, the Municipality is empowered to borrow for current expenditures from January 1 to September 30, up to 50 per cent and from October 1 to December 31 up to 25 per cent, of the estimate revenues for the year; Now therefore the Council of the Municipality of Clarington enacts as follows : 1. That the Deputy CAO/Treasurer be hereby authorized on behalf of the Municipality to borrow from time to time by way of operating line of credit/overdraft facility, from the Bank holding the Municipality’s banking contract, (hereinafter called the “Bank”), a sum or sums not exce eding in the aggregate $15,000,000 to meet until the taxes are collected the current expenditures of the Municipality for the year, including the amounts required for the purposes mentioned in Subsection (1) of Section 407 of the Municipal Act, 2001, with interest at such rate as may be agreed upon from time to time with the Bank under the banking contract. 2. That all sums borrowed pursuant to the authority of this by-law as well as all other sums borrowed in this year and in previous years from the Bank for any or all of the purposes mentioned in the said Section 407, shall with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. That the Deputy CAO/Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. Page 102 4. That the Deputy CAO/Treasurer is hereby authorized to furnish to the Bank a statement showing the nature and amount of the estimated revenues of the Municipality not yet collected and also showing the total of any amounts borrowed under Section 407 of the Municipal Act, 2001, that have not been repaid. 5. That this by-law shall be effective on January 1, 2025. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 103 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 2024-056 Being a By-law to amend the Traffic and Parking By-law 2014-059, as amended Whereas, By-law 2014-059 was enacted by Clarington to regulate traffic and parking on highways, private property and municipal property; And whereas the Municipality of Clarington is authorized by the Municipal Act, 2001, S.O. 2001, c.25 to enact by-laws in respect of highways under its jurisdiction. Now, therefore the Council of the Municipality of Clarington enacts as follows : 1. That Section 57 of By-law 2014-059, Municipal Safety Zones, be deleted. 2. That Section 58 of By-law 2014-059, is deleted and replaced the following: “Every person who contravenes any provision of this bylaw is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended”. 3. By-law 2014-059 is amended by the insertion of a new Section 58.1, immediately after Section 58, as follows: “Each day on which a person contravenes any provision of this bylaw shall be deemed to constitute a separate offence under this bylaw as provided for in section 429(2) of the Municipal Act, S.O. 2001, c. 25.” 4. That That “Schedule 20 of By-law 2014-059 – Municipal Safety Zones”, be deleted. 5. That the Set Fine amounts included as Schedule “A” be attached to and form an integral part of, By-law 2014-059. 6. This by-law shall take effect on the day of its passing. Passed in Open Council this 16th day of December 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 104 Schedule “A” – Set Fines Page 105 Municipality of Clarington Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 1 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 1 Parked/stopped right wheels more than 15cm from curb 10(a) $30 $45 2 Fail to stop/park with right wheels near as practicable to edge of highway 10(b) $30 $45 3 fail to stop/park wholly within parking space 11(a) $30 $45 4 stop/park so as to occupy more than one parking space 11(b) $30 $45 5 stop/park so as to prevent use of adjacent parking spaces 11(c) $30 $45 6 Stop/park so as to obstruct traffic 11(c) $30 $45 7 Stopped on or over sidewalk/footpath 12(2)(a) $50 $75 8 Stopped within intersection/roundabout/crosswalk 12(2)(b) $50 $75 9 Stopped within 15 metres of crosswalk 12(2)(c) $50 $75 10 Stopped, interfere with highway cleaning 12(2)(d) $50 $75 11 Stopped on roadway alongside stopped or parked vehicle 12(2)(e) $50 $75 12 Stopped upon bridge, elevated structure or within tunnel or underpass 12(2)(f) $50 $75 13 stopped on median strip 12(2)(g) $50 $75 14 stop in bus stop, interfere with bus 12(2)(h) $50 $75 15 stopped alongside/across from excavation or obstruction 12(2)(i) $50 $75 16 stopped, interfere with movement of traffic 12(2)(j) $50 $75 17 stopped within 1 metre of driveway or laneway 12(2)(k) $50 $75 18 stopped within 30 metres in advance of traffic signal 12(2)(l) $50 $75 19 stopped within 30 metres in advance of school crossing 12(2)(l) $50 $75 20 stopped within 15 metres beyond traffic signal 12(2)(l) $50 $75 21 stopped within 15 metres beyond school crossing 12(2)(l) $50 $75 22 stopped within 6 metres of commercial entrance 12(2)(m) $50 $75 NOTE: The general penalty provision for the offences listed above is section 58 of the Bylaw 2014-059, as amended, a certified copy of which has been filed. Municipality of Clarington Page 106 Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 2 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 23 stopped within 6 metres of industrial entrance 12(2)(m) $50 $75 24 stopped within 6 metres of institutional entrance 12(2)(m) $50 $75 25 stopped within 6 metres of high-density residential entrance 12(2)(m) $50 $75 26 stopped within 15 metres of intersecting roadway 12(2)(n) $50 $75 27 stopped within 30 metres of intersection where signs posted 12(2)(n) $50 $75 28 parked within 1 metre of driveway 13(1)(a) $30 $45 29 parked within 3 metres of fire hydrant 13(1)(b) $50 $75 30 parked within 15 metres of intersection 13(1(c) $30 $45 31 parked within 30 metres of posted intersection 13(1)(c) $30 $45 32 parked on/over boulevard 13(1)(d) $30 $45 33 parked display vehicle for sale 13(1)(e) $30 $45 34 parked for purpose of washing, greasing or repairing vehicle 13(1)(f) $30 $45 35 parked within approach lanes and circle of roundabout 13(1)(g) $45 $60 36 parked within 30 metres in advance of level railway crossing 13(1)(h) $30 $45 37 parked within 15 metres beyond level railway crossing 13(1)(h) $30 $45 38 parked between 3:00 a.m. and 5:00 a.m. 13(1)(i) $30 $45 39 parked longer than 3 hours 13(1)(j) $30 $45 40 parked within turning basin of cul-de-sac 13(1)(k) $30 $45 41 parked within 15 metres of a dead end 13(1)(l) $30 $45 42 parked within 6 metres of commercial entrance 13(1)(m) $45 $60 43 parked within 6 metres of industrial entrance 13(1)(m) $45 $60 44 parked within 6 metres of institutional entrance 13(1)(m) $45 $60 45 parked within 6 metres of high-density residential entrance 13(1)(m) $45 $60 46 parked within 3 metres of a community mailbox 13(1)(n) $30 $45 NOTE: The general penalty provision for the offences listed above is section 58 of the Bylaw 2014-059, as amended, a certified copy of which has been filed. Page 107 Municipality of Clarington Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 3 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 47 parked interfere with snow removal 13(1)(o) $50 $75 48 parked on private property without owner's consent 14(a) $30 $45 49 parked in fire route 14(b) $50 $75 50 parked/stopped on municipal property contrary to signage 15(a) $30 $45 51 parked/stopped on municipal property in contravention of posted conditions 15(b) $30 $45 52 park within 30 metres of intersecting Regional road 16(a) $45 $60 53 park within 8 meters of any fire hall on same side 16(b) $50 $75 54 park within 30 metres of any fire hall on opposite side 16(b) $50 $75 55 park commercial vehicle other than industrial area 18(2) $45 $60 56 stopped where prohibited 21 $50 $75 57 parked where prohibited 22 $45 $60 58 park when time restricted 23 $45 $60 59 parked where location restricted 24(2) $45 $60 60 parked at meter, fail to pay 29 $20 $30 61 parked at expired meter 29 $20 $30 62 parked longer than 3 hours at uncontrolled meter 30 $20 $30 63 fail to park vehicle opposite designated meter 31(1) $20 $30 64 fail to park within designated parking space 33 $30 $45 65 parked at covered meter 34(1) $30 $45 66 parked in loading zone 35 $45 $60 67 stopped in school bus loading zone 45 $50 $75 NOTE: The general penalty provision for the offences listed above is section 58 of the Bylaw 2014 -059, as amended, a certified copy of which has been filed. Page 108 Municipality of Clarington Part II Provincial Offences Act By-law #2014-059: Traffic By-law Page 4 of 4 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Voluntary payment payable within 7 days Column 4 Set fine 68 parked in designated accessible parking space, no valid accessible permit 46(9)(a) $350 $500 69 Stop/park in designated bicycle lane 50(b) $50 $75 NOTE: The general penalty provision for the offences listed above is section 58 of the Bylaw 2014 -059, as amended, a certified copy of which has been filed. Page 109 The Corporation of the Municipality of Clarington By-law No. 2024-057 Being a By-law to establish a Municipal Service Board to operate a Community Hall in Tyrone in the former Township of Darlington, now in the Municipality of Clarington and to repeal By-law 2008-039. Whereas Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a Municipal Service Board; And whereas Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Service Board the control and management of such land services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board; And whereas Council approved the recommendations in Report LGS -040-24 to update the By-law and Terms of Reference for the Tyrone Community Hall Board; Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: Definitions 1. “Tyrone Community Hall” means the property located at 2716 Concession Road 7, Hampton, Ontario, and includes the Community Hall building interior, and adjacent parking lot. Delegation 2. In accordance with section 196 of the Municipal Act, 2001, as amended, a municipal service board is hereby established under the name of “The Tyrone Community Hall Board” (the “Board”) and is delegated with the responsibility for control and management of the Tyrone Community Hall. Board Mandate and Responsibilities 3. The Board is responsible for the general maintenance, care, and use of the Tyrone Community Hall and the cost of all utilities for the Tyrone Community Hall. 4. If the Board desires to make any alterations or additions to the Tyrone Community Hall, including but not limited to erecting partitions, attaching equipment and installing furnishings, the Board may do so at its own expense, provided that before undertaking any alteration or addition, the Board submits to the Municipality a plan showing the proposed alterations or additions and the Board shall not proceed to make any alteration or addition unless the Director of Community Services or designate has approved the Plan. AII alterations and additions made by or on behalf of the Board shall immediately become property of the Municipality without compensation to the Board. Page 110 By-law No. 2024-057 Page 2 5. The Board shall promptly notify the Municipality of any accident, defect, damage , or deficiency in or on any part of the Tyrone Community Hall which comes to the attention of the Board. 6. It is the Board’s responsibility to hire any employees and administer any human resource matters, including payroll to be paid for out of the Board’s budget. Any employee of the Board will be considered an employee of the Board and will be subject to the appropriate laws and regulations regarding employment and will not be considered an employee of the Municipality of Clarington under any circumstances. 7. The Board shall always maintain the Tyrone Community Hall in an orderly and hygienic condition as determined by the Municipality. The Board shall keep the Tyrone Community Hall in a clean condition and shall obtain at its expense janitorial services. 8. The Board shall be responsible for such day-to-day repair and maintenance of the Hall as are proper or necessary to keep the Hall clean and in good condition. For state-of-good repair needs beyond this, the Board should notify the municipal staff designated, by submitting on-line service requests. Municipality Responsibilities 9. The Municipality shall retain responsibility for structural repairs or replacements to the roof, foundation or load-bearing walls, building envelope and/or the mechanical equipment associated with the Tyrone Community Hall. The Municipality retains absolute and sole discretion for decisions relating to such repairs or replacements, and all expenditures shall have budgetary approval by the Municipality. 10. The Municipality shall be responsible for grass cutting and winter maintenance including snow removal for this property. Board Composition 11. The Board shall be comprised of the following seven members, appointed by Council:  Six citizen members; and  1 Member of Council. 12. Board tasks can take place using voting members and volunteers, without creating a subcommittee or working group. 13. The Public Services Department of the Municipality shall assign a representative who will act as a Staff Liaison to the Board. As the Municipal Staff Liaison, this individual will attend Board meetings as a non-voting resource person when requested. Page 111 By-law No. 2024-057 Page 3 Board Member Qualifications 14. To be eligible to serve, a Board member must be a resident of the Municipality of Clarington. Term Length 15. Board membership shall run concurrent with the term of Council (4 years) or until their successor is appointed. 16. In accordance with Section 196(4) of the Municipal Act, the members of the Board are eligible for appointment for more than one term. Remuneration 17. Board members serve on a voluntary basis and do not receive any form of remuneration. Election of Positions on the Board 18. The Board shall elect a Chair, Vice-Chair, Treasurer, and Secretary annually, from among its voting membership. Members of Council sitting on the Board are not eligible to fill the position of Chair or Vice-Chair, except as Election Chair, as outlined in this By-law. 19. Before the election of Chair, a Council member shall be the Election Chair during the election portion of the meeting. Once the Chair is elected, they may take the Chair and conduct the other elections and the remainder of the meeting. See Schedule A for the Election Process. 20. If any of the elected positions become vacant, a new election shall be held for that position for the duration of the year. If the Vice-Chair becomes vacant, the Chair may appoint a member of the Board as Interim Vice -Chair until a new Vice-Chair can be elected. The elections, when required, will be held at the next meeting of the Board in accordance with the process set out in Schedule A. Conduct of Board Members 21. Each member of the Board shall have one vote. 22. The Chair, or a spokesperson/member appointed by the Board, may speak on behalf of the Board to Council or the public. Other members shall not act, or speak, on behalf of the Board without prior approval of the Board. 23. The Board, or its members, shall not issue petitions, resolutions, or position papers on behalf of the Board unless specifically authorized by Council resolution. Page 112 By-law No. 2024-057 Page 4 24. The Board, and its members, shall also not act outside of the mandate of the Board. Should the Board wish to comment on an issue that is within the mandate of another Council committee or Board, the Chair shall consult with the responsible Staff Liaison(s) and the Chair of the other committee or Board. 25. The Board, by resolution, may request that Council remove a Member from the Board, by providing a brief explanation of the request within a recommendation in the Board’s minutes (which may include closed session.) Absences 26. Members unable to attend a Board meeting shall notify the Chair at least 24 hours in advance of the meeting. 27. If a member is absent for three consecutive meetings, or who fails to attend fifty (50) per cent of the meetings, held in any one calendar year, the Board, by resolution, and having regard for any personal, medical, or extenuating circumstances, may request that Council remove the Member, including a Member of Council, from the Board. 28. Members unable to attend a meeting cannot send a n alternate. Resignations 29. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in writing, of the resignation. The Chair shall notify, either by email, or on an agenda, the other members of the resignation but shall not give details of the resignation other than timing. 30. Council may appoint new members to the Board to fill any vacancies, as required, in accordance with Clarington’s “Appointment to Boards and Committee’s Policy”. Chair and Vice-Chair 31. It shall be the duty of the Chair to: a) provide leadership to the Board; b) ensure that the Board carries out its mandate and responsibilities; c) act as the primary liaison between the Board, Council, Clarington Staff and Members of the Public. d) set the meeting dates and agendas items, with input from Members; e) provide information to Members on any matter relating to the business of the Board; f) open the meeting by taking the Chair and calling the members to order; g) announce the business before the Board and the order in which it is to be acted upon; Page 113 By-law No. 2024-057 Page 5 h) receive and submit, in the proper manner, all motions presented by the Members; i) enforce the rules of procedure for meetings of the Board; and j) adjourn the meeting when the business is concluded. 32. The Chair may eject any person, including another Board member, from a meeting if, in the opinion of the Chair, that person is being disruptive or uncivil. 33. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair will assume the position and responsibilities of the Chair until a new Chair is elected. Responsibilities and Obligations of Members 34. A member of the Board shall have the following duties: a) to deliberate on, and execute, the mandate and responsibilities of the Board; b) to attend meetings and work activities; c) to vote when a motion is put to a vote; and d) to read, understand, and abide by applicable laws, policies, procedures, and rules, including the Code of Conduct, and any guidelines for the Board. Conflict of Interest 35. A conflict of interest may arise for Board members when their personal or business interest conflict with the duties and decisions of the Board. The municipal conflict of interest requirements as defined by the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 will apply to the Board. A Board member must disclose any potential or perceived conflict of interest and shall remove themselves from the meeting for the duration of the discussion and voting (if any) with respect to that matter. Frequency of Meetings 36. The Board shall meet a minimum of four times annually. Quorum 37. Quorum shall be a simple majority of the total number of currently appointed Board members (i.e. 50% plus one). If there is no quorum after 15 minutes of the scheduled start time, the meeting shall be cancelled and/or rescheduled. Page 114 By-law No. 2024-057 Page 6 Land Acknowledgement Statement 38. In recognition of a necessary first step towards honouring the original occupants of a place, and to recognize the traditional First Nations, Metis and/or Inuit territories of a place, and to commemorate Indigenous peoples' principal kinship to the land . The Land Acknowledgement Statement, that is consistent with the Municipality’s statement, shall be read at the beginning of each Board meeting, in accordance with the Land Acknowledgement Guidelines. Procedure and Rules 39. A Board of Council is subject to the Clarington Procedural By-law which governs the proceedings of Council and its Committees and Boards, Council Code of Conduct, this By-law, and any other applicable policies and/or procedures. Electronic Participation 40. A member of the Board is permitted to participate electronically in a meeting and may be counted in determining whether, or not, a quorum of members is present at any point in time; and 41. For clarity, a member of the Board may also participate electronically in a meeting that is closed to the public, if the meeting is properly held in closed session ( i.e. the deliberations are permitted to be conducted in closed session, moving from open session to closed session, and then rising and reporting, and maintaining minutes of both the closed and open portions of the meeting). Open Meetings 42. All Board meetings must be open to the public unless otherwise noted. 43. The Board shall provide at least one week’s notice (i.e., an agenda) for a regular or special meeting or 24-hour notice for a rescheduled meeting. Notice will be provided using as many means as possible, including the municipality’s website by forwarding the agenda to the Municipal Clerk’s Office. 44. The meeting must adhere to Subsection 239 (2), Municipal Act, 2001, regarding Closed meetings. 45. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a meeting, or part of a meeting, that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution : a) The fact of the holding of the meeting; and b) The general nature of the matter to be considered at the closed meeting. 46. Where a meeting, or part of a meeting, is closed to the public, the Board shall request those persons, not specifically invited to the closed meeting, to vacate the meeting room in which the meeting is being held. Page 115 By-law No. 2024-057 Page 7 47. A meeting shall not be closed to the public during a vote except where the meeting is a closed meeting permitted or required by statute, and where the vote is for a procedural matter or for giving directions or instructions to employees of the board or persons retained under contract with the board, or officers, employees, or agents of the Municipality. 48. Minutes of the closed session shall be recorded and provided to the Clerk’s Office for distribution to Council at their next appropriate meeting. Public Participation and Delegations 49. Members of the public are not permitted to participate in the Board discussions but may appear as a delegation before the Board. Delegations shall be for a maximum of 5 minutes. Those wishing to appear as a delegation at a Board meeting must advise the Chair or Secretary a minimum of five days before the meeting. Agendas and Minutes 50. The Board shall forward all agendas to the Municipal Clerk’s Office one week before the meeting and shall include the following: a) Date, time, location, electronic participation details (where applicable); b) Land Acknowledgement Statement; c) Disclosure of Pecuniary Interest; d) Presentations / Delegations e) Adoption of Previous Minutes; f) Items for Discussion; and g) Adjournment. 51. The Board shall report to Council by presenting the unapproved minutes immediately after the minutes are finalized by the Chair. Minutes do not wait to be adopted by the Board first. The draft minutes of all Board meetings shall be reviewed by the Chair and forwarded to the Municipal Clerk’s Office for inclusion on the next Council Agenda. 52. Any changes to the minutes at the next Board meeting will be reflected in those meeting minutes and a corrected or changed version of the previous minutes shall be provided to the Municipal Clerk’s Office for publication. Page 116 By-law No. 2024-057 Page 8 53. Minutes shall include: a) Date, time, location, and indication of whether electronic participation took place; b) Members absent and present; c) Land Acknowledgement Statement; d) Disclosure of Pecuniary Interest; e) Adoption of Previous Minutes; f) Presentations / Delegations; g) Items and Recommendations Discussed and voted on; h) Date, time, and location of next meeting (where applicable/possible); and i) Adjournment. 54. Recommendations and decisions reached by the Board must be based on consensus wherever possible. If a consensus cannot be reached and there are different opinions on the issue, the Chair may call for a formal vote by show of hands. Recommendations and decisions will be carried by a simple majority of the voting members present. 55. Only recommendations and decisions that appear in the minutes of the Board can be considered as officially representing the position of the Board. 56. To approve a recommendation from a Board, a Member of Council shall remove it from the consent agenda and put forward a motion to approve the recommendation found within the minutes of the Board meeting. 57. See Schedule B for details on motions and amendments. Relationship with Municipality 58. The Board will provide information to the Municipality on the operation and management of the Tyrone Community Hall and may be required to present a report to Council. 59. The Board may enter into the following agreements, provided they are within budgetary limits, a) rental agreements for private events at the Tyrone Community Hall; b) agreements for normal operating or administrative matters; 60. The municipality has the right to use the hall, when available, at no cost, in consultation with the board. The Municipality will cover any expenses associated with the use of the hall. Page 117 By-law No. 2024-057 Page 9 61. Except as expressly permitted, the Board shall not enter into any agreement which has the potential to commit funds, oblige or encumber the Municipality, or incur any debt or long-term financial obligation. 62. The Board shall submit their books and records to the Municipality annually for review by the Municipality's auditors and consolidation with the Municipality of Clarington's financial statements. 63. The Board or it’s members found not to be following the Terms of Reference may be reported to Council for review and to determine whether the contrary conduct requires further actions, such as removal of the member or Board. Additionally, the Municipality may dissolve the Board at any time through the repeal of this by-law. Insurance 64. The Municipality shall provide property and third-party liability insurance coverage in respect of the Tyrone Community Hall. 65. The Municipality represents that general commercial liability insurance coverage is provided to the Board, its employees, and volunteers under the terms and conditions Municipality's Master Insurance Policy. The Board or its employees shall forward to the Municipality, appropriate documentation of all claims or potential claims. The Board shall undertake all of its activities in a manner consistent with that of a prudent owner in order to prevent or minimize claims, injuries, or damages, and shall work co-operatively with the Municipality's insurer in the investigation and defense of all claims. Budget 66. The Board agrees to use all revenue generated for the exclusive purpose of operation and maintenance of the Tyrone Community Hall. 67. The Board is responsible for determining eligibility for grants and for applications for and administration of grant funding opportunities. 68. Upon Board dissolution, all assets, including bank accounts, shall be transferred to the Municipality, and all business records shall be turned over to the Municipality. 69. The Municipality will request input from the Board recommendations for inclusion in the Capital Budget Program. These recommendations will be considered within the approved Capital Budget Prioritization criteria. Items not considered as part of the Municipality’s responsibility would include interior painting; movable equipment/furnishings and program related betterments/upgrades. 70. Any operating budget requests shall be submitted to the Municipality of Clarington in accordance with the budget timelines established by the Deputy CAO / Treasurer and shall be considered with all other budget requests. Page 118 By-law No. 2024-057 Page 10 Purchasing/Procurement Policy 71. All expenditures must relate to matters directly within the mandate and responsibilities of the Board. 72. All Board expense information is considered to be public information and shall be made available upon request to the Municipal Clerk or Deputy CAO / Treasurer. 73. All purchases shall be in accordance with the Municipality’s Purchasing/Procurement By-law and within the Board’s approved budget. All expenses that exceed the Board’s approved budget require Council approval. Repeal 74. That By-law 2008-038 is hereby repealed. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 119 By-law No. 2024-057 Page 11 Schedule A Election Process Nominations – Accepting nominations, from the floor, for any position: 1. Nominator raises their hand to indicate they are going to nominate a member. 2. Does not need a seconder. 3. Nominees’ names are recorded in the minutes. 4. A person can nominate themselves. 5. A member can be nominated for more than one position but can only hold one position at a time. 6. A member may be nominated even if they are not in attendance. 7. Nominees do not have to leave the room during the vote. They can participate in the voting. 8. The Election Chair can continue presiding, even if they are one of the nominees for the office. 9. Nominations are open until the Election Chair asks for nominations and there are no names put forth at which time the Election Chair will close nominations. 10. Nominees can remove their name at any point during the process, or the next meeting if they are not in attendance. Stand – As each member is nominated, the Election Chair asks the nominee if they will have their name stand. If the member does not agree their name shall not be included in the vote. Voting 1. If there is only one nominee, that person is appointed. 2. If there is more than one nominee the Election Chair asks, for each nominee, “All those in favour of Bob Smith for Chair, please raise their hands”. The person with the most votes is appointed. 3. If the vote is tied, and there are more than two people nominated for the position, the person with the least votes is removed and another round of voting with the remaining members is conducted. If a tie vote remains with two people, and all voting members are present, the selection will be made by picking a name out of a hat. Page 120 By-law No. 2024-057 Page 12 Schedule B Motions and Amendments 1. Voting on motions and their amendments is done in this order:  On the amendment to the amendment (the second amendment)  On the amendment  On the motion or the motion as amended (this must happen if approved amendments have been added to the motion). 2. Tied Vote If the vote is tied, the motion is lost. 3. Majority Vote Every member present at the meeting, when the vote is called, shall vote unless disqualified under the Municipal Conflict of Interest Act. The vote required to pass a motion shall be a simple majority. 4. Reconsider a Lost Motion A lost motion should not come up again during the same year unless at least two-thirds of the members present to approve a motion that “the question be reconsidered.” This motion shall be added to the agenda, is not debatable and calls for an immediate vote. 5. Motions The following steps are required to introduce, deliberate, and vote on a motion:  A member asks to speak and when their turn comes up, they make a motion by saying “I move…”.  Another member seconds the motion. If there is no seconder, no discussion or vote takes place; it is not recorded in the minutes; and the Committee either proposes a different motion or moves to the next agenda item.  The Chair should restate the motion clearly after it has been made and seconded “It is moved and seconded that …”.  Only one motion is addressed at a time.  Discussion is not in order until a motion has been stated by the chair.  Discussion follows. The Chair should not allow anyone to speak twice on a motion until everyone has had a chance to speak once. Page 121 By-law No. 2024-057 Page 13  The Chair should give up the chair when they move a motion. In this case, the Vice-Chair or any other member may act as Chair until the motion is voted on.  The vote is taken, and the Chair announces the result – “The motion is carried”, or “The motion is lost.” 6. Negative Motions Negative Motions are not in order and should not be allowed (i.e. “That the car not be automatic transmission” should be changed to “That the car be standard transmission”.) 7. Amendments Amendments or small changes to a motion may be proposed at any time during the discussion. It cannot be contrary to the main motion. It must be relevant to the motion and can change the motion in only one of three ways:  By leaving out certain words  By adding certain words  By replacing certain words with others. (Not more than two amendments may be made to an open motion at one time. As soon as one amendment has been accepted or rejected another may be proposed if it is different from the one already defeated). If dealing with motions or amendments, always state the exact wording. The Chair may ask the secretary to read it if the phrase is forgotten. Adoption of an amendment does not mean adoption of the main motion. The amendment is carried before the main motion as amended. When the “main motion, as amended” is on the floor, the Chair will state “main motion as amended” before the vote. 8. Withdrawal of Motions A motion can be withdrawn with the consent of the mover. If the seconder withdraws a new seconder will be required before the motion can be voted on. Amendments must be withdrawn in reverse order. If the mover refuses to withdraw, the motions must be voted on. Page 122 The Corporation of the Municipality of Clarington By-law No. 2024-058 Being a By-law to establish a Municipal Service Board to operate a Community Hall in Solina in the former Township of Darlington, now in the Municipality of Clarington and to repeal By-law 2008-038. Whereas Section 196 of the Municipal Act, 2001 authorizes a municipality to establish a Municipal Service Board; And whereas Section 198 of the Municipal Act, 2001 provides that a municipality may give a Municipal Service Board the control and management of such services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the Board; And whereas Council approved the recommendations in Report LGS-040-24 to update the By-law and Terms of Reference for the Solina Community Hall Board; Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: Definitions 1. “Solina Community Hall” means the property located at 1964 Concession Road 6, Hampton, Ontario, and includes the Community Hall building interior, outdoor washrooms (interior), baseball fields, associated green space, canteen, and picnic shelter. Delegation 2. In accordance with section 196 of the Municipal Act, 2001, as amended, a municipal service board is hereby established under the name of “The Solina Community Centre Board” (the “Board”) and is delegated with the responsibility for control and management of the Solina Community Centre. Board Mandate and Responsibilities 3. The Board is responsible for the general maintenance, care, and use of the Solina Community Centre and the cost of all utilities for the Solina Community Centre. Page 123 By-law No. 2024-058 Page 2 4. If the Board desires to make any alterations or additions to the Solina Community Centre, including but not limited to erecting partitions, attaching equipment and installing furnishings, the Board may do so at its own expense, provided that before undertaking any alteration or addition, the Board submits to the Municipality a plan showing the proposed alterations or additions and the Board shall not proceed to make any alteration or addition unless the Director of Community Services or designate has approved the Plan. AII alterations and additions made by or on behalf of the Board shall immediately become property of the Municipality without compensation to the Board. 5. The Board shall promptly notify the Municipality of any accident, defect, damage, or deficiency in or on any part of the Solina Community Centre which comes to the attention of the Board. 6. It is the Board’s responsibility to hire any employees and administer any human resource matters, including payroll to be paid for out of the Board’s budget. Any employee of the Board will be considered an employee of the Board and will be subject to the appropriate laws and regulations regarding employment and will not be considered an employee of the Municipality of Clarington under any circumstances. 7. The Board shall always maintain the Solina Community Centre in an orderly and hygienic condition as determined by the Municipality. The Board shall keep the Solina Community Centre in a clean condition and shall obtain at its expense janitorial services. The Board will be responsible for winter maintenance, including snow removal. The Board will also be responsible for grass cutting, with reimbursement of these costs by the Municipality. 8. The Board shall be responsible for such day-to- day repair and maintenance of the Centre as are proper or necessary to keep the Centre clean and in good condition. For state of good repair needs beyond this, the Board should notify the municipal staff designated, by submitting on-line service requests. Municipality Responsibilities 9. The Municipality shall retain responsibility for structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and/or the mechanical equipment associated with the Solina Community Centre. The Municipality retains absolute and sole discretion for decisions relating to such repairs or replacements, and all expenditures shall require budgetary approval by the Municipality. Page 124 By-law No. 2024-058 Page 3 Board Composition 10. The Board shall be comprised of the following seven members, appointed by Council:  Six citizen members; and  1 Member of Council. 11. Board functions or tasks can take place using voting members and volunteers, without creating a subcommittee or working group. 12. The Public Services Department of the Municipality shall assign a representative who will act as a Staff Liaison to the Board. As the Municipal Staff Liaison, this individual will attend Board meetings as a non-voting resource person when requested. Board Member Qualifications 13. To be eligible to serve, a Board member must be a resident of the Municipality of Clarington. Term Length 14. Board membership shall run concurrent with the term of Council (4 years) or until their successor is appointed. 15. In accordance with Section 196(4) of the Municipal Act, the members of the Board are eligible for appointment for more than one term. Remuneration 16. Board members serve on a voluntary basis and do not receive any form of remuneration. Election of Positions on the Board 17. The Board shall elect a Chair, Vice-Chair, Treasurer, and Secretary annually, from among its voting membership. Members of Council sitting on the Board are not eligible to fill the position of Chair or Vice-Chair, except as Election Chair, as outlined in this By-law. 18. Before the election of Chair, a Council member shall be the Election Chair during the election portion of the meeting. Once the Chair is elected, they may take the Chair and conduct the other elections and the remainder of the meeting. See Schedule A for the Election Process. 19. If any of the elected positions become vacant, a new election shall be held for that position for the duration of the year. If the Vice-Chair becomes vacant, the Chair may appoint a member of the Board as Interim Vice -Chair until a new Vice-Chair can Page 125 By-law No. 2024-058 Page 4 be elected. The elections, when required, will be held at the next meeting of the Board in accordance with the process set out in Schedule A. Conduct of Board Members 20. Each member of the Board shall have one vote. 21. The Chair, or a spokesperson/member appointed by the Board, may speak on behalf of the Board to Council or the public. Other members shall not act, or speak, on behalf of the Board without prior approval of the Board. 22. The Board, or its members, shall not issue petitions, resolutions, or position papers on behalf of the Board unless specifically authorized by Council resolution. 23. The Board, and its members, shall also not act outside of the mandate of the Board. Should the Board wish to comment on an issue that is within the mandate of another Council committee or Board, the Chair shall consult with the responsible Staff Liaison(s) and the Chair of the other committee or Board. 24. The Board, by resolution, may request that Council remove a Member from the Board, by providing a brief explanation of the request within a recommendation in the Board’s minutes (which may include closed session.) Absences 25. Members unable to attend a Board meeting shall notify the Chair at least 24 hours in advance of the meeting. 26. If a member is absent for three consecutive meetings, or who fails to attend fifty (50) per cent of the meetings, held in any one calendar year, the Board, by resolution, and having regard for any personal, medical, or extenuating circumstances, may request that Council remove the Member, including a Member of Council, from the Board. 27. Members unable to attend a meeting cannot send a n alternate. Resignations 28. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in writing, of the resignation. The Chair shall notify, either by email, or on an agenda, the other members of the resignation but shall not give details of the resignation other than timing. 29. Council may appoint new members to the Board to fill any vacancies, as required, in accordance with Clarington’s “Appointment to Boards and Committee’s Policy”. Chair and Vice-Chair 30. It shall be the duty of the Chair to: a) provide leadership to the Board; Page 126 By-law No. 2024-058 Page 5 b) ensure that the Board carries out its mandate and responsibilities; c) act as the primary liaison between the Board, Council, Clarington Staff and Members of the Public. d) set the meeting dates and agendas items, with input from Members; e) provide information to Members on any matter relating to the business of the Board; f) open the meeting by taking the Chair and calling the members to order; g) announce the business before the Board and the order in which it is to be acted upon; h) receive and submit, in the proper manner, all motions presented by the Members; i) enforce the rules of procedure for meetings of the Board; and j) adjourn the meeting when the business is concluded. 31. The Chair may eject any person, including another Board member, from a meeting if, in the opinion of the Chair, that person is being disruptive or uncivil. 32. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair will assume the position and responsibilities of the Chair until a new Chair is elected. Responsibilities and Obligations of Members 33. A member of the Board shall have the following duties: a) to deliberate on, and execute, the mandate and responsibilities of the Board; b) to attend meetings and work activities; c) to vote when a motion is put to a vote; and d) to read, understand, and abide by applicable laws, policies, procedures, and rules, including the Code of Conduct, and any guidelines for the Board. Conflict of Interest 34. A conflict of interest may arise for Board members when their personal or business interest conflict with the duties and decisions of the Board. The municipal conflict of interest requirements as defined by the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 will apply to the Board. A Board member must disclose any potential or perceived conflict of interest and shall remove themselves from the meeting for the duration of the discussion and voting (if any) with respect to that matter. Page 127 By-law No. 2024-058 Page 6 Frequency of Meetings 35. The Board shall meet a minimum of four times annually. Quorum 36. Quorum shall be a simple majority of the total number of currently appointed Board members (i.e. 50% plus one). If there is no quorum after 15 minutes of the scheduled start time, the meeting shall be cancelled and/or rescheduled. Land Acknowledgement Statement 37. In recognition of a necessary first step towards honouring the original occupants of a place, and to recognize the traditional First Nations, Metis and/or Inuit territories of a place, and to commemorate Indigenous peoples' principal kinship to the land . The Land Acknowledgement Statement, that is consistent with the Municipality’s statement, shall be read, at the beginning of each Board meeting, in accordance with the Land Acknowledgement Guidelines. Procedure and Rules 38. A Board of Council is subject to the Clarington Procedural By-law which governs the proceedings of Council and its Committees and Boards, Council Code of Conduct, this By-law, and any other applicable policies and/or procedures. Electronic Participation 39. A member of the Board is permitted to participate electronically in a meeting and may be counted in determining whether, or not, a quorum of members is present at any point in time; and 40. For clarity, a member of the Board may also participate electronically in a meeting that is closed to the public, if the meeting is properly held in closed session ( i.e. the deliberations are permitted to be conducted in closed session, moving from open session to closed session, and then rising and reporting, and maintaining minutes of both the closed and open portions of the meeting). Open Meetings 41. All Board meetings must be open to the public unless otherwise noted. 42. The Board shall provide at least one week’s notice (i.e., an agenda) for a regular or special meeting or 24-hour notice for a rescheduled meeting. Notice will be provided using as many means as possible, including the municipality’s website by forwarding the agenda to the Municipal Clerk’s Office. 43. The meeting must adhere to Subsection 239 (2), Municipal Act, 2001, regarding Closed meetings. Page 128 By-law No. 2024-058 Page 7 44. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a meeting, or part of a meeting, that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution : a) The fact of the holding of the meeting; and b) The general nature of the matter to be considered at the closed meeting. 45. Where a meeting, or part of a meeting, is closed to the public, the Board shall request those persons, not specifically invited to the closed meeting, to vacate the meeting room in which the meeting is being held. 46. A meeting shall not be closed to the public during a vote except where the meeting is a closed meeting permitted or required by statute, and where the vote is for a procedural matter or for giving directions or instructions to employees of the board or persons retained under contract with the board, or officers, employees, or agents of the Municipality. 47. Minutes of the closed session shall be recorded and provided to the Clerk’s Office for distribution to Council at their next appropriate meeting. Public Participation and Delegations 48. Members of the public are not permitted to participate in the Board discussions but may appear as a delegation before the Board. Delegations shall be for a maximum of 5 minutes. Those wishing to appear as a delegation at a Board meeting must advise the Chair or Secretary a minimum of five days before the meeting. Agendas and Minutes 49. The Board shall forward all agendas to the Municipal Clerk’s Office one week before the meeting and shall include the following: a) Date, time, location, electronic participation details (where applicable); b) Land Acknowledgement Statement; c) Disclosure of Pecuniary Interest; d) Presentations / Delegations e) Adoption of Previous Minutes; f) Items for Discussion; and g) Adjournment. 50. The Board shall report to Council by presenting the unapproved minutes immediately after the minutes are finalized by the Chair. Minutes do not wait to be adopted by the Board first. The draft minutes of all Board meetings shall be reviewed Page 129 By-law No. 2024-058 Page 8 by the Chair and forwarded to the Municipal Clerk’s Office for inclusion on the next Council Agenda. 51. Any changes to the minutes at the next Board meeting will be reflected in those meeting minutes and a corrected or changed version of the previous minutes shall be provided to the Municipal Clerk’s Office for publication. 52. Minutes shall include: a) Date, time, location, and indication of whether electronic participation took place; b) Members absent and present; c) Land Acknowledgement Statement; d) Disclosure of Pecuniary Interest; e) Adoption of Previous Minutes; f) Presentations / Delegations; g) Items and Recommendations Discussed and voted on; h) Date, time, and location of next meeting (where applicable/possible); and i) Adjournment. 53. Recommendations and decisions reached by the Board must be based on consensus wherever possible. If a consensus cannot be reached and there are different opinions on the issue, the Chair may call for a formal vote by show of hands. Recommendations and decisions will be carried by a simple majority of the voting members present. 54. Only recommendations and decisions that appear in the minutes of the Board can be considered as officially representing the position of the Board. 55. To approve a recommendation from a Board, a Member of Council shall remove it from the consent agenda and put forward a motion to approve the recommendation found within the minutes of the Board meeting. 56. See Schedule B for details on motions and amendments. Relationship with Municipality 57. The Board will provide information to the Municipality on the operation and management of the Solina Community Centre and may be required to present a report to Council. 58. The Board may enter into the following agreements, provided they are within budgetary limits, Page 130 By-law No. 2024-058 Page 9 a) rental agreements for private events at the Solina Community Centre; and b) agreements for normal operating or administrative matters. 59. The municipality has the right to use the Centre, when available, at no cost, in consultation with the board. The Municipality will cover any expenses associated with the use of the Centre. 60. Except as expressly permitted, the Board shall not enter into any agreement which has the potential to commit funds, oblige or encumber the Municipality, or incur any debt or long-term financial obligation. 61. The Board shall submit their books and records to the Municipality annually for review by the Municipality's auditors and consolidation with the Municipality of Clarington's financial statements. 62. The Board or it’s members found not to be following the Terms of Reference may be reported to Council for review and to determine whether the contrary conduct requires further actions, such as removal of the member or Board. Additionally, the Municipality may dissolve the Board at any time through the repeal of this by-law. Insurance 63. The Municipality shall provide property and third-party liability insurance coverage in respect of the Solina Community Centre. Page 131 By-law No. 2024-058 Page 10 64. The Municipality represents that general commercial liability insurance coverage is provided to the Board, its employees, and volunteers under the terms and conditions Municipality's Master Insurance Policy. The Board or its employees shall forward to the Municipality, appropriate documentation of all claims or potential claims. The Board shall undertake all of its activities in a manner consistent with that of a prudent owner in order to prevent or minimize claims, injuries, or damages, and shall work co-operatively with the Municipality's insurer in the investigation and defense of all claims. Budget 65. The Board agrees to use all revenue generated for the exclusive purpose of operation and maintenance of the Solina Community Centre. 66. The Board is responsible for determining eligibility for grants and for applications for and administration of grant funding opportunities. 67. Upon Board dissolution, all assets, including bank accounts, shall be transferred to the Municipality, and all business records shall be turned over to the Municipality. 68. The Municipality will request input from the Board recommendations for inclusion in the Capital Budget Program. These recommendations will be considered within the approved Capital Budget Prioritization criteria. Items not considered as part of the Municipality’s responsibility would include interior painting; movable equipment/furnishings and program related betterments/upgrades. 69. Any operating budget requests shall be submitted to the Municipality of Cl arington in accordance with the budget timelines established by the Deputy CAO / Treasurer and shall be considered with all other budget requests. Page 132 By-law No. 2024-058 Page 11 Purchasing/Procurement Policy 70. All expenditures must relate to matters directly within the mandate and responsibilities of the Board. 71. All Board expense information is considered to be public information and shall be made available upon request to the Municipal Clerk or Deputy CAO / Treasurer. 72. All purchases shall be in accordance with the Municipality’s Purchasing/Procurement By-law and within the Board’s approved budget. All expenses that exceed the Board’s approved budget require Council approval. Repeal 73. That By-law 2008-038 is hereby repealed. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 133 By-law No. 2024-058 Page 12 Schedule A Election Process Nominations – Accepting nominations, from the floor, for any position: 1. Nominator raises their hand to indicate they are going to nominate a member. 2. Does not need a seconder. 3. Nominees’ names are recorded in the minutes. 4. A person can nominate themselves. 5. A member can be nominated for more than one position but can only hold one position at a time. 6. A member may be nominated even if they are not in attendance. 7. Nominees do not have to leave the room during the vote. They can participate in the voting. 8. The Election Chair can continue presiding, even if they are one of the nominees for the office. 9. Nominations are open until the Election Chair asks for nominations and there are no names put forth at which time the Election Chair will close nominations. 10. Nominees can remove their name at any point during the process, or the next meeting if they are not in attendance. Stand – As each member is nominated, the Election Chair asks the nominee if they will have their name stand. If the member does not agree their name shall not be included in the vote. Voting 1. If there is only one nominee, that person is appointed. 2. If there is more than one nominee the Election Chair asks, for each nominee, “All those in favour of Bob Smith for Chair, please raise their hands”. The person with the most votes is appointed. 3. If the vote is tied, and there are more than two people nominated for the position, the person with the least votes is removed and another round of voting with the remaining members is conducted. If a tie vote remains with two people, and all voting members are present, the selection will be made by picking a name out of a hat. Page 134 By-law No. 2024-058 Page 13 Schedule B Motions and Amendments 1. Voting on motions and their amendments is done in this order:  On the amendment to the amendment (the second amendment)  On the amendment  On the motion or the motion as amended (this must happen if approved amendments have been added to the motion). 2. Tied Vote If the vote is tied, the motion is lost. 3. Majority Vote Every member present at the meeting, when the vote is called, shall vote unless disqualified under the Municipal Conflict of Interest Act. The vote required to pass a motion shall be a simple majority. 4. Reconsider a Lost Motion A lost motion should not come up again during the same year unless at least two-thirds of the members present to approve a motion that “the question be reconsidered.” This motion shall be added to the agenda, is not debatable and calls for an immediate vote. 5. Motions The following steps are required to introduce, deliberate, and vote on a motion:  A member asks to speak and when their turn comes up, they make a motion by saying “I move…”.  Another member seconds the motion. If there is no seconder, no discussion or vote takes place; it is not recorded in the minutes; and the Committee either proposes a different motion or moves to the next agenda item.  The Chair should restate the motion clearly after it has been made and seconded “It is moved and seconded that …”.  Only one motion is addressed at a time.  Discussion is not in order until a motion has been stated by the chair.  Discussion follows. The Chair should not allow anyone to speak twice on a motion until everyone has had a chance to speak once. Page 135 By-law No. 2024-058 Page 14  The Chair should give up the chair when they move a motion. In this case, the Vice-Chair or any other member may act as Chair until the motion is voted on.  The vote is taken, and the Chair announces the result – “The motion is carried”, or “The motion is lost.” 6. Negative Motions Negative Motions are not in order and should not be allowed (i.e. “That the car not be automatic transmission” should be changed to “That the car be standard transmission”.) 7. Amendments Amendments or small changes to a motion may be proposed at any time during the discussion. It cannot be contrary to the main motion. It must be relevant to the motion and can change the motion in only one of three ways:  By leaving out certain words  By adding certain words  By replacing certain words with others. (Not more than two amendments may be made to an open motion at one time. As soon as one amendment has been accepted or rejected another may be proposed if it is different from the one already defeated). If dealing with motions or amendments, always state the exact wording. The Chair may ask the secretary to read it if the phrase is forgotten. Adoption of an amendment does not mean adoption of the main motion. The amendment is carried before the main motion as amended. When the “main motion, as amended” is on the floor, the Chair will state “main motion as amended” before the vote. 8. Withdrawal of Motions A motion can be withdrawn with the consent of the mover. If the seconder withdraws a new seconder will be required before the motion can be voted on. Amendments must be withdrawn in reverse order. If the mover refuses to withdraw, the motions must be voted on. Page 136 The Corporation of the Municipality of Clarington By-law No. 2024-XXX Being a By-law to establish a Municipal Service Board to control and manage activities at the Newcastle Village Community Hall and to repeal By-law 2014-094 Whereas pursuant to an Indenture dated July 30, 1923 (the "Massey Trust"), Chester Daniel Massey agreed to convey the land and the building now known municipally as the Newcastle Village Community Hall, 20 King Avenue West, which is legally described as Part of Lot 28, Concession 2, former Village of Newcastle, now in the Municipality of Clarington, designated as Lots 2, 3 and 4 on Block "A" on the plan of the Village of Newcastle (the "Property") to The Corporation of the Village of Newcastle upon certain trusts; And whereas By-Law No. 723 passed by the Municipal Council of the Village of Newcastle on December 14, 1959 established the Newcastle Village Community Hall and appointed a board under the Community Centres Act, 1949 to manage the Property; And whereas by virtue of paragraph 2(1)(c) of The Regional Municipality of Durham Act, 1973, S.O. 1973 c.78, The Corporation of the Village of Newcastle amalgamated with The Corporation of the Township of Clarke and The Corporation of the Township of Darlington and continued as a town municipality under the name The Corporation of the Town of Newcastle effective January 1, 1974; And whereas by virtue of section 148 of The Regional Municipality of Durham Act, 1973, (a) the Newcastle Village Community Hall Board was dissolved as of December 31, 1973; (b) the Council of The Corporation of the Town of Newcastle was deemed to be the board of the Newcastle Village Community Hall under the Community Recreation Centres Act, 1974; and (c) the assets and liabilities of the Newcastle Village Community Hall Board became the assets and liabilities of The Corporation of the Town of Newcastle; And whereas by virtue of subsection 1(2) of The Regional Municipality of Durham Amendment Act (Newcastle-Clarington), 1993, S.O. 1993 c.3, on July 1, 1993 The Corporation of the Town of Newcastle was continued as a town municipality under the name of The Corporation of the Municipality of Clarington (the "Municipality"); And whereas the Community Recreation Centres Act, 1974 was repealed effective January 1, 2003; And whereas section 196 of the Municipal Act, 2001 authorizes the Council of a Municipality to establish municipal service boards; And whereas section 198 of the Municipal Act, 2001, S.O. 2001 c.25 provides that a municipality may give a municipal service board the control and management of such Page 137 By-law No. 2024-059 Page 2 services and activities of the municipality as the municipality considers appropriate and shall do so by delegating the powers and duties of the municipality to the board; And whereas the Council of the Municipality ("Council") wishes to maintain a municipal service board to control and manage the Newcastle Village Community Hall. And whereas Council approved the recommendations in Report LGS -040-24 to update the By-law and Terms of Reference for the Newcastle Village Community Hall Board; Now therefore the Council of the Corporation of the Municipality of Clarington enacts as follows: Definitions 1. “Newcastle Village Community Hall” or “Hall” means the property located at 20 King Avenue West, Newcastle, Ontario, and includes the Community Hall building interior and exterior grounds, parking lot and gazebo area. Delegation 2. In accordance with section 196 of the Municipal Act, 2001, as amended, the municipal service board that was established pursuant to Clarington By-law 2014- 094(?) under the name of “The Newcastle Village Community Hall Board” (the “Board”) is hereby continued under the same name and is delegated with the responsibility for control and management of the Newcastle Village Community Hall. Board Mandate and Responsibilities 3. The Board is responsible for the general maintenance, care, and use of the Newcastle Village Community Hall, including planting, care, and maintenance of flowers and shrubs, and the cost of all utilities for the Newcastle Village Community Hall. 4. If the Board desires to make any alterations or additions to the Newcastle Village Community Hall, including but not limited to erecting partitions, attaching equipment and installing furnishings, the Board may do so at its own expense, provided that before undertaking any alteration or addition, the Board submits to the Municipality a plan showing the proposed alterations or additions and the Board shall not proceed to make any alteration or addition unless the Director of Community Services or designate has approved the Plan. AII alterations and additions made by or on behalf of the Board shall immediately become property of the Municipality without compensation to the Board. 5. The Board shall promptly notify the Municipality of any accident, defect, damage , or deficiency in or on any part of the Newcastle Village Community Hall which comes to the attention of the Board. 6. It is the Board’s responsibility to hire any employees and administer any human resource matters, including payroll to be paid for out of the Board’s budget. Any Page 138 By-law No. 2024-059 Page 3 employee of the Board will be considered an employee of the Board and will not be considered an employee of the Municipality of Clarington under any circumstances. 7. The Board shall always maintain the Newcastle Village Community Hall in an orderly and hygienic condition as determined by the Municipality. The Board shall keep the Newcastle Village Community Hall in a clean condition and shall obtain at its expense janitorial services. 8. The Board is responsible for managing winter maintenance, including snow removal. Upon submission of required documentation, the Municipality will reimburse the Board the cost of the winter maintenance 9. The Board shall maintain and keep the Newcastle Village Community Hall and every part thereof in good working order and promptly make all needed general maintenance, repairs, and replacements, as would a prudent owner. 10. Any repairs or maintenance work undertaken to the Hall, whether structural or otherwise, shall be undertaken within the parameters of its designation under section 29 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18 as a property which has historic or architectural value or interest (Municipal By-law 93-147). 11. The Board may authorize campaigns for voluntary donated funds to support the general operations of the hall or any particular phase or aspect of the hall’s operation. Use 12. The Hall may be used for such purposes as in the judgment of the Board will benefit the community, and that will promote education and the arts. 13. The Board may, a) fix the hours when the Hall will be open to the public; b) establish rates, fees or charges for admission to, or use of, the Property; and c) adopt policies or rules for the use or rental of the Property. Page 139 By-law No. 2024-059 Page 4 Municipality Responsibilities 14. The Municipality shall retain responsibility for structural repairs or replacements to the roof, foundation or load bearing walls, building envelope and/or the mechanical equipment associated with the Newcastle Village Community Hall. The Municipality retains absolute and sole discretion for decisions relating to such repairs or replacements, and all expenditures shall require budgetary approval by the Municipality. 15. The Municipality shall be responsible for general scheduled maintenance of grounds which includes grass cutting, litter pick-up, spring and fall clean-up of the gardens, and assistance with annual mulch application on this property. 16. The Municipality shall be responsible for the repair and maintenance of the gazebo and cenotaph areas, including the provision of Canadian flags for display on the two flag poles on the property. Board Composition 17. The Board shall be comprised of the following seven members, appointed by Council:  Six citizen members; and  1 Member of Council, being either the Ward 4 Local Councillor or the Regional Councillor Wards 3 and 4. 18. Board tasks can be undertaken by Board members or volunteers, without creating a subcommittee or working group. 19. The Public Services Department of the Municipality shall assign a representative who will act as a Staff Liaison to the Board. As the Municipal Staff Liaison, this individual will attend Board meetings as a non-voting resource person when requested. Board Member Qualifications 20. To be eligible to serve, a Board member must be a resident of the Municipality of Clarington. Term Length 21. Board membership shall run concurrent with the term of Council (4 years) or until their successor is appointed. 22. In accordance with Section 196(4) of the Municipal Act, the members of the Board are eligible for appointment for more than one term. Page 140 By-law No. 2024-059 Page 5 Remuneration 23. Board members serve on a voluntary basis and do not receive any form of remuneration. Election of Positions on the Board 24. The Board shall select a Chair bi-annually, Vice-Chair, Treasurer, and Secretary annually, from among its voting membership by a majority vote of the Board members. Members of Council sitting on the Board are not eligible to fill the position of Chair or Vice-Chair, except as Election Chair, as outlined in this By- law. 25. Before the election of Chair, a Council member shall be the Election Chair during the election portion of the meeting. Once the Chair is elected, they may take the Chair and conduct the other elections and the remainder of the meeting. See Schedule A for the Election Process. 26. If any of the elected positions become vacant, a new election shall be held for that position for the duration of the year. If the Vice-Chair becomes vacant, the Chair may appoint a member of the Board as Interim Vice -Chair until a new Vice-Chair can be elected. The elections, when required, will be held at the next meeting of the Board in accordance with the process set out in Schedule A. Conduct of Board Members 27. Each member of the Board shall have one vote. 28. The Chair, or a spokesperson/member appointed by the Board, may speak on behalf of the Board to Council or the public. Other members shall not act, or speak, on behalf of the Board without prior approval of the Board. 29. The Board, or its members, shall not issue petitions, resolutions, or position papers on behalf of the Board unless specifically authorized by Council resolution. 30. The Board, and its members, shall also not act outside of the mandate of the Board. Should the Board wish to comment on an issue that is within the mandate of another Council committee or Board, the Chair shall consult with the responsible Staff Liaison(s) and the Chair of the other committee or Board. 31. The Board, by resolution, may request that Council remove a Member from the Board, by providing a brief explanation of the request within a recommendation in the Board’s minutes (which may include closed session.) Absences 32. Members unable to attend a Board meeting shall notify the Chair at least 24 hours in advance of the meeting. 33. If a member is absent for three consecutive meetings, or who fails to attend fifty (50) per cent of the meetings, held in any one calendar year the Board, by Page 141 By-law No. 2024-059 Page 6 resolution, and having regard for any personal, medical, or extenuating circumstances, may request that Council remove the Member, including a Member of Council, from the Board. 34. Members unable to attend a meeting cannot send a n alternate. Resignations 35. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in writing, of the resignation. The Chair shall notify, either by email, or on an agenda, the other members of the resignation but shall not give details of the resignation other than timing. 36. Council may appoint new members to the Board to fill any vacancies, as required, in accordance with Clarington’s “Appointment to Boards and Committee’s Policy”. Chair and Vice-Chair 37. It shall be the duty of the Chair to: a) provide leadership to the Board; b) ensure that the Board carries out its mandate and responsibilities; c) act as the primary liaison between the Board, Council, Clarington Staff and Members of the Public. d) set the meeting dates and agendas items, with input from Members; e) provide information to Members on any matter relating to the business of the Board; f) open the meeting by taking the Chair and calling the members to order; g) announce the business before the Board and the order in which it is to be acted upon; h) receive and submit, in the proper manner, all motions presented by the Members; i) enforce the rules of procedure for meetings of the Board; and j) adjourn the meeting when the business is concluded. 38. The Chair may eject any person, including another Board member, from a meeting if, in the opinion of the Chair, that person is being disruptive or uncivil. 39. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair will assume the position and responsibilities of the Chair until a new Chair is elected. Page 142 By-law No. 2024-059 Page 7 Responsibilities and Obligations of Members 40. A member of the Board shall have the following duties: a) to deliberate on, and execute, the mandate and responsibilities of the Board; b) to attend meetings and work activities; c) to vote when a motion is put to a vote; d) to read, understand, and abide by applicable laws, policies, procedures, and rules, including the Code of Conduct, and any guidelines for the Board ; and e) work on one working Committee. Conflict of Interest 41. A conflict of interest may arise for Board members when their personal or business interest conflict with the duties and decisions of the Board. The municipal conflict of interest requirements as defined by the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 will apply to the Board. A Board member must disclose any potential or perceived conflict of interest and shall remove themselves from the meeting for the duration of the discussion and voting (if any) with respect to that matter. Frequency of Meetings 42. The Board shall meet a minimum of nine times annually. Quorum 43. Quorum shall be a simple majority of the total number of currently appointed Board members (i.e. 50% plus one). If there is no quorum after 15 minutes of the scheduled start time, the meeting shall be cancelled and/or rescheduled. Page 143 By-law No. 2024-059 Page 8 Land Acknowledgement Statement 44. In recognition of a necessary first step towards honouring the original occupants of a place, and to recognize the traditional First Nations, Metis and/or Inuit territories of a place, and to commemorate Indigenous peoples' principal kinship to the land. The Land Acknowledgement Statement, that is consistent with the Municipality’s statement, shall be read, at the beginning of each Board meeting, in accordance with the Land Acknowledgement Guidelines. Procedure and Rules 45. A Board of Council is subject to the Clarington Procedural By-law which governs the proceedings of Council and its Committees and Boards, Council Code of Conduct, this By-law, and any other applicable policies and/or procedures.Electronic Participation 46. A member of the Board is permitted to participate electronically in a meeting and may be counted in determining whether, or not, a quorum of members is present at any point in time; and 47. For clarity, a member of the Board may also participate electronically in a meeting that is closed to the public, if the meeting is properly held in closed session (i.e. the deliberations are permitted to be conducted in closed session, moving from open session to closed session, and then rising and reporting, and maintaining minutes of both the closed and open portions of the meeting). Open Meetings 48. All Board meetings must be open to the public unless otherwise noted. 49. The Board shall provide at least one week’s notice (i.e., an agenda) for a regular or special meeting or 24-hour notice for a rescheduled meeting. Notice will be provided using as many means as possible, including the municipality’s website by forwarding the agenda to the Municipal Clerk’s Office. 50. The meeting must adhere to Subsection 239 (2), Municipal Act, 2001, regarding Closed meetings. 51. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a meeting, or part of a meeting, that is to be closed to the public, a municipality or local board or committee of either of them shall state by resolution: a) The fact of the holding of the meeting; and b) The general nature of the matter to be considered at the closed meeting. 52. Where a meeting, or part of a meeting, is closed to the public, the Board shall request those persons, not specifically invited to the closed meeting, to vacate the meeting room in which the meeting is being held. Page 144 By-law No. 2024-059 Page 9 53. A meeting shall not be closed to the public during a vote except where the meeting is a closed meeting permitted or required by statute, and where the vote is for a procedural matter or for giving directions or instructions to employees of the board or persons retained under contract with the board, or officers, employees, or agents of the Municipality. 54. Minutes of the closed session shall be recorded and provided to the Clerk’s Office for distribution to Council at their next appropriate meeting. Public Participation and Delegations 55. Members of the public are not permitted to participate in the Board discussions but may appear as a delegation before the Board. Delegations shall be for a maximum of 5 minutes. Those wishing to appear as a delegation at a Board meeting must advise the Chair or Secretary a minimum of five days before the meeting. Agendas and Minutes 56. The Board shall forward all agendas to the Municipal Clerk’s Office one week before the meeting and shall include the following: a) Date, time, location, electronic participation details (where applicable); b) Land Acknowledgement Statement; c) Disclosure of Pecuniary Interest; d) Presentations / Delegations e) Adoption of Previous Minutes; f) Items for Discussion; and g) Adjournment. 57. The Board shall report to Council by presenting the unapproved minutes immediately after the minutes are finalized by the Chair. Minutes do not wait to be adopted by the Board first. The draft minutes of all Board meetings shall be reviewed by the Chair and forwarded to the Municipal Clerk’s Office for inclusion on the next Council Agenda. 58. Any changes to the minutes at the next Board meeting will be reflected in those meeting minutes and a corrected or changed version of the previous minutes shall be provided to the Municipal Clerk’s Office for publication. T 59. Minutes shall include: a) Date, time, location, and indication of whether electronic participation took place; Page 145 By-law No. 2024-059 Page 10 b) Members absent and present; c) Land Acknowledgement Statement; d) Disclosure of Pecuniary Interest; e) Adoption of Previous Minutes; f) Presentations / Delegations; g) Items and Recommendations Discussed and voted on; h) Date, time, and location of next meeting (where applicable/possible); and i) Adjournment. 60. Recommendations and decisions reached by the Board must be based on consensus wherever possible. If a consensus cannot be reached and there are different opinions on the issue, the Chair may call for a formal vote by show of hands. Recommendations and decisions will be carried by a simple majority of the voting members present. 61. Only recommendations and decisions that appear in the minutes of the Board can be considered as officially representing the position of the Board. 62. To approve a recommendation from a Board, a Member of Council shall remove it from the consent agenda and put forward a motion to approve the recommendation found within the minutes of the Board meeting. 63. See Schedule B for details on motions and amendments. Relationship with Municipality 64. The Board will provide information to the Municipality on the operation and management of the Newcastle Village Community Hall and may be required to present a report to Council. Page 146 By-law No. 2024-059 Page 11 65. The Board may enter into the following agreements, provided they are within budgetary limits: a) rental agreements for private events at the Newcastle Village Community Hall; b) Non-residential leases for space within the Hall for a term not to exceed 3 years; c) employment contracts (subject to section 6) and d) agreements for normal operating or administrative matters. 66. The municipality has the right to use the hall, when available, at no cost, in consultation with the board. The Municipality will cover any expenses associated with the use of the hall. 67. Except as expressly permitted, the Board shall not enter into any agreement which has the potential to commit funds, oblige or encumber the Municipality, or incur any debt or long-term financial obligation. 68. The Board shall submit their books and records to the Municipality annually for review by the Municipality's auditors and consolidation with the Municipality of Clarington's financial statements. 69. The Board or it’s members found not to be following the Terms of Reference may be reported to Council for review and to determine whether the contrary conduct requires further actions, such as removal of the member or Board. Additionally, the Municipality may dissolve the Board at any time through the repeal of this by- law. Insurance 70. The Municipality shall provide property and third-party liability insurance coverage in respect of the Newcastle Village Community Hall. 71. The Municipality represents that general commercial liability insurance coverage is provided to the Board, its employees, and volunteers under the terms and conditions Municipality's Master Insurance Policy. The Board or its employees shall forward to the Municipality, appropriate documentation of all claims or potential claims. The Board shall undertake all of its activities in a manner consistent with that of a prudent owner in order to prevent or minimize claims, injuries, or damages, and shall work co-operatively with the Municipality's insurer in the investigation and defense of all claims. Budget 72. The Board agrees to use all revenue generated for the exclusive purpose of operation and maintenance of the Newcastle Village Community Hall. Page 147 By-law No. 2024-059 Page 12 73. The Board is responsible for determining eligibility for grants and for applications for and administration of grant funding opportunities. 74. Upon Board dissolution, all assets, including bank accounts, shall be transferred to the Municipality, and all business records shall be turned over to the Municipality. 75. The Municipality will request input from the Board recommendations for inclusion in the Capital Budget Program. These recommendations will be considered within the approved Capital Budget Prioritization criteria. Items not considered as part of the Municipality’s responsibility would include interior painting; movable equipment/furnishings and program related betterments/upgrades. 76. Any operating budget requests shall be submitted to the Municipality of Clarington in accordance with the budget timelines established by the Deputy CAO / Treasurer and shall be considered with all other budget requests. 77. On or before a date established annually by the Deputy CAO/Treasurer, the Board shall prepare and submit to Council an estimate of its financial requirements for the ensuing financial year and the Treasurer shall pay to the Board out of the funds appropriated for it by Council such amounts as may be requisitioned from time to time or shall pay the accounts approved by the Board directly in respect to and to the limitations of the approved budget revenues and appropriation. The Board shall only use those funds for the purposes identified in its estimate of its financial requirements approved by Council. Financial 78. All income received by the Board from time to time from or in respect to any portion of the Hall shall be applied and extended in payment of the actua l operating expenses of the Hall such as heating, lighting, and janitor service. 79. Any on-going surplus remaining after payment of the actual operating expenses of the Hall shall be returned to the Municipality to be held in a reserve fund which shall from time to time to be used as may be necessary or desirable by the Municipality for rebuilding, repairing, re-fitting, improving or further equipping the Hall so as to keep it from time to time well and thoroughly adapted for fulfilling the purposes described in section 11. 80. If at any time for any cause or reason the revenues from the Hall are not sufficient for its proper maintenance and use then the Municipality shall be responsible for such deficiency. Donations 81. The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made), payments, credits and liabilities. All receipts for tax purposes must be issued by the Municipality in accordance with the requirements of the Canada Revenue Agency. Page 148 By-law No. 2024-059 Page 13 Development Funds 82. The Board may, with the approval of Council, establish a development fund into which donations and net revenues, if any, may be placed for future Hall development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. Any funds intended for purposes beyond the calendar year will be automatically provided to the Municipality prior to December 31st of the year of receipt of funds, for deposit into Municipal accounts identified for Board purposes with the exception of the funds required by the Board for on-going operational requirements and will be maintained by the Municipality's Treasurer. Purchasing/Procurement Policy 83. All expenditures must relate to matters directly within the mandate and responsibilities of the Board. 84. All Board expense information is considered to be public information and shall be made available upon request to the Municipal Clerk or Deputy CAO / Treasurer. 85. All purchases shall be in accordance with the Municipality’s Purchasing/Procurement By-law and within the Board’s approved budget. All expenses that exceed the Board’s approved budget require Council approval. Repeal 86. That By-law 2014-094 is hereby repealed. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 149 By-law No. 2024-059 Page 14 Schedule A Election Process Nominations – Accepting nominations, from the floor, for any position: 1. Nominator raises their hand to indicate they are going to nominate a member. 2. Does not need a seconder. 3. Nominees’ names are recorded in the minutes. 4. A person can nominate themselves. 5. A member can be nominated for more than one position but can only hold one position at a time. 6. A member may be nominated even if they are not in attendance. 7. Nominees do not have to leave the room during the vote. They can participate in the voting. 8. The Election Chair can continue presiding, even if they are one of the nominees for the office. 9. Nominations are open until the Election Chair asks for nominations and there are no names put forth at which time the Election Chair will close nominations. 10. Nominees can remove their name at any point during the process, or the next meeting if they are not in attendance. Stand – As each member is nominated, the Election Chair asks the nominee if they will have their name stand. If the member does not agree their name shall not be included in the vote. Voting 1. If there is only one nominee, that person is appointed. 2. If there is more than one nominee the Election Chair asks, for each nominee, “All those in favour of Bob Smith for Chair, please raise their hands”. The person with the most votes is appointed. 3. If the vote is tied, and there are more than two people nominated for the position, the person with the least votes is removed and another round of voting with the remaining members is conducted. If a tie vote remains with two people, and all voting members are present, the selection will be made by picking a name out of a hat. Page 150 By-law No. 2024-059 Page 15 Schedule B Motions and Amendments 1. Voting on motions and their amendments is done in this order:  On the amendment to the amendment (the second amendment)  On the amendment  On the motion or the motion as amended (this must happen if approved amendments have been added to the motion). 2. Tied Vote If the vote is tied, the motion is lost. 3. Majority Vote Every member present at the meeting, when the vote is called, shall vote unless disqualified under the Municipal Conflict of Interest Act. The vote required to pass a motion shall be a simple majority. 4. Reconsider a Lost Motion A lost motion should not come up again during the same year unless at least two - thirds of the members present to approve a motion that “the question be reconsidered.” This motion shall be added to the agenda, is not debatable and calls for an immediate vote. 5. Motions The following steps are required to introduce, deliberate, and vote on a motion:  A member asks to speak and when their turn comes up, they make a motion by saying “I move…”.  Another member seconds the motion. If there is no seconder, no di scussion or vote takes place; it is not recorded in the minutes; and the Committee either proposes a different motion or moves to the next agenda item.  The Chair should restate the motion clearly after it has been made and seconded “It is moved and seconded that …”.  Only one motion is addressed at a time.  Discussion is not in order until a motion has been stated by the chair.  Discussion follows. The Chair should not allow anyone to speak twice on a motion until everyone has had a chance to speak once. Page 151 By-law No. 2024-059 Page 16  The Chair should give up the chair when they move a motion. In this case, the Vice-Chair or any other member may act as Chair until the motion is voted on.  The vote is taken, and the Chair announces the result – “The motion is carried”, or “The motion is lost.” 6. Negative Motions Negative Motions are not in order and should not be allowed (i.e. “That the car not be automatic transmission” should be changed to “That the car be standard transmission”.) 7. Amendments Amendments or small changes to a motion may be p roposed at any time during the discussion. It cannot be contrary to the main motion. It must be relevant to the motion and can change the motion in only one of three ways:  By leaving out certain words  By adding certain words  By replacing certain words with others. (Not more than two amendments may be made to an open motion at one time. As soon as one amendment has been accepted or rejected another may be proposed if it is different from the one already defeated). If dealing with motions or amendments, always state the exact wording. The Chair may ask the secretary to read it if the phrase is forgotten. Adoption of an amendment does not mean adoption of the main motion. The amendment is carried before the main motion as amended. When the “main motion, as amended” is on the floor, the Chair will state “main motion as amended” before the vote. 8. Withdrawal of Motions A motion can be withdrawn with the consent of the mover. If the seconder withdraws a new seconder will be required before the motion can be vote d on. Amendments must be withdrawn in reverse order. If the mover refuses to withdraw, the motions must be voted on. Page 152 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 Number 2024-060 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA 2021-0017; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16A.7 “Site Specific Exceptions” is amended by adding the following new Special Exception Zone and renumbering the remaining sections: 16A.7.6 Residential Mixed Use Exception (MU2-4) Zone Exception 16A.7.6: For the purposes of the Zoning By-law, the entire lands zoned MU2-4 shall be considered as one lot for zoning purposes. Notwithstanding Section 2, Sections 16A.1, 16A.2, 16A.3, 16A.4, 16A.5, and 16A.7, the lands zoned MU2-4 on the Schedules to this By-law shall be subject to the following: a. For the purpose of Exception Section 16A.7.6, the term “Storey” means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it but excludes portions that provide access to roof terraces. b. Permitted Uses in MU2-4 i) Apartment buildings ii) Mixed-Use Building iii) Linked Townhouse Dwellings iv) Stacked Townhouse Dwellings v) Back-to-back Townhouse Dwellings (as defined by Linked Townhouse Dwellings) vi) Accessory buildings Page 153 vii) Retail Uses, Personal and Professional Service Uses including professional offices and medical office uses shall only be permitted on the ground floor of a mixed-use building with an entrance and frontage onto an arterial road. c. Regulations for MU2-4 i) Number of storeys 3 storeys (Minimum) 6 storeys (Maximum) ii) Building Height 3 storeys (Minimum) 6 storeys (Maximum) iii) Setbacks (to public street): 3 metres (Minimum) and 6 metres (Maximum) iv) Setbacks (to any other lot line): 3 metres (Minimum) v) Underground Parking Structure Setbacks (Minimum): 0.0 metres to any property line vi) Underground Parking Structure projecting above grade but below finished ground floor elevation Setbacks (Minimum): 0.5 metres to any property line vii) Minimum unit width for Linked Townhouse Dwellings 5.0 metres viii) Special Yard Regulations - Notwithstanding any other provision of By-law 84-63 to the contrary, on lands zoned MU2-4 Zone the following shall apply: a) A maximum driveway width of 3 metres shall be permitted. b) The minimum setback to a sight triangle shall be 1.0 metre. In add ition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. c) Steps, landing and porches may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. 2. Section 16A.7 “Site Specific Exceptions” is amended by adding the following new Special Exception Zone and renumbering the remaining sections: 16A.7.7 Residential Mixed Use Exception (MU2-5) Zone Page 154 Exception 16A.7.7: For the purposes of the Zoning By-law, the entire lands zoned MU2-5 shall be considered as one lot for zoning purposes. Notwithstanding Section 2, Sections 16A.1, 16A.2, 16A.3, 16A.4, 16A.5, and 16A.7, the lands zoned MU2-5 on the Schedules to this By-law shall be subject to the following: a. For the purpose of Exception Section 16A.7.7, the term “Storey” means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it but excludes portions that provide access to roof terraces. b. Permitted Uses in MU2-5 i) Apartment buildings ii) Mixed-Use Building iii) Linked Townhouse Dwellings iv) Stacked Townhouse Dwellings v) Back-to-back Townhouse Dwellings (as defined by Linked Townhouse Dwellings) vi) Accessory buildings vii) Retail Uses and Personal and Professional Service Uses including professional offices and medical office uses shall only be permitted on the ground floor of a mixed-use building with an entrance and frontage onto an arterial road. c. Regulations for MU2-5 i) Number of storeys 3 storeys (Minimum) 4 storeys (Minimum) within 50 metres from the southwest corner of the intersection of Bloor Street and Trulls Road 6 storeys (Maximum) ii) Building Height 3 storeys (Minimum) 4 storeys (Minimum) within 50 metres from the southwest corner of the intersection of Bloor Street and Trulls Road 6 storeys (Maximum) iii) Setbacks (to public street): 3 metres (Minimum) and 6 metres (Maximum) iv) Setbacks (to any other lot line): 3 metres (Minimum) ix) Underground Parking Structure Setbacks (Minimum): 0.0 metres to any property line Page 155 x) Underground Parking Structure projecting above grade but below finished ground floor elevation Setbacks (Minimum): 0.5 metres to any property line v) Minimum unit width for Linked Townhouse Dwellings 5.0 metres vi) Special Yard Regulations - Notwithstanding any other provision of By-law 84-63 to the contrary, on lands zoned MU2-5 Zone the following shall apply: a) A maximum driveway width of 3 metres shall be permitted. b) The minimum setback to a sight triangle shall be 1.0 metre. In addition, unenclosed porches, steps, patios, ramps, landscape entrance features, attached or directly abutting the principal or main building; either above or below grade; may project into any required yard to a distance no closer than 0.5 metres to a sight triangle. d) Steps, landing and porches may project into the required front or exterior side yards, but in no instance shall the distance to the front lot line or exterior side lot line be below 1.0 metre. 3. Schedule ‘4’ (Courtice) to By-law 84-63, as amended, is hereby further amended by changing the zone from: “Agricultural (A) Zone” to “Holding - Residential Mixed Use Exception ((H) MU2- 4) Zone” “Agricultural (A) Zone” to “Holding - Residential Mixed Use Exception ((H) MU2- 5) Zone” as illustrated on the attached Schedule ‘A’ hereto. 4. Schedule ‘A’ attached hereto shall form part of the By-law. 5. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 and Section 36 of the Planning Act. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 156 060 16th December Page 157 MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council From: Amanda Tapp, Manager, Development Review Date: December 16, 2024 Memo #: Memo-010-24 File No.: PLC 2024-0001 Re: Application for Exemption of Part Lot Control Applicant: 2668919 Ontario Inc. (Eagle Bay Estates) On December 7, 2020, Council endorsed the recommendations contained in PDS-046-20, Resolution #C-442-20 approving the above noted draft Plan of Subdivision/Rezoning. Please be advised that the Plan of Subdivision was registered on April 28, 2023, as 40M- 2752. Part Lot Control can now be removed on Block 1 for 29 townhouses in a Common Elements Condominium. The passing of this By-law to exempt lands from Part Lot Control does not have the effect of adding units or modifying the intent of the original development applications. Building Permits for these townhouse units have been issued, construction is underway, and closings are imminent. Please forward the attached By-law to remove the Part Lot Control to Council for approval. Once approved by Council, please forward the attached By-law, and the attached Unit Type and Number Summary Table to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC). Thanks. ________________________ Amanda Tapp, Manager of Development Review Attachments: Attachment 1-Unit Type and Number Summary Table Attachment 2-By-Law to Exempt from PLC Attachment 3-Part Lot Control Map cc: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Page 158 Attachment 1 to Memo-010-24 PART LOT CONTROL EXEMPTION BY-LAW 2024-_____ ZBA 2024-0001 Unit Type and Number Summary Table Plan 40M-2752 APPROVED Result of Part Lot Control Exemption on Unit Type and Number Lots/Blocks Affected Unit Type and Number Link Dwelling/Townhouse Block 1 29 units No Change TOTAL Units 29 No Change Page 159 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2024-061 Being a By-law to exempt a certain portion of Block 1, Registered Plan 40M-2752 from Part Lot Control Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control on Part of Block 1, Plan 40M -2752 from Part Lot Control, Parts 1-29 (inclusive), Parts 31-38 (Inclusive) 40R-32801 registered at the Land Titles Division of Whitby (File # PLC 2024-0001); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to Part of Block 1, Plan 40M-2752, Parts 1-29 (inclusive) ,Parts 31 -38 (inclusive) on Plan 40R-32801. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of one (2) years ending on December 16, 2026. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 160 345 c.o 0) co r-- Part Lot Control Location Map (Newcastle) -Area Subject To By-law 355 North Street, Newcastle PLC 2024-0001 -q­c.o N -q- 396 388 380 362 338 Attachment 3 to Memo-010-24 Page 161 MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council From: Amanda Tapp, Manager of Development Review Date: December 16, 2024 Memo #: Memo-011-24 File No.: PLC 2024-0002 Re: By-Law to Exempt Part Lot Control Applicant: Plainview Heights Property (BT) Ltd (Treasure Hill) On September 17, 2018, Council endorsed the recommendations contained in PDS-079-18, Resolution #C-305-18 approving the above noted draft Plan of Subdivision/Rezoning. Please be advised that the Plan of Subdivision was registered on November 23, 2022 as 40M-2741. Part Lot Control can now be removed on Blocks 216 to 220 for 28 townhouses. The passing of this By-law to exempt lands from Part Lot Control does not have the effect of adding units or modifying the intent of the original development applications. Building Permits for these townhouse units have been issued, construction is underway, and closings are imminent. Please forward the attached By-law to remove the Part Lot Control to Council for approval. Once approved by Council, please forward the attached By-law, and the attached Unit Type and Number Summary Table to the Regional Municipality of Durham and the Municipal Property Assessment Corporation (MPAC). Thank you, ________________________ Amanda Tapp, Manager of Development Review Attachments: Attachment 1-Unit Type and Number Summary Table Attachment 2-ZBA2024-0002 By-Law to Exempt from PLC Attachment 3-Part Lot Control Map cc: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Page 162 Attachment 1 to Memo-11-24 PART LOT CONTROL EXEMPTION BY-LAW 2024-_____ PLC 2024-0002 Unit Type and Number Summary Table Plan 40M-2741 APPROVED Result of Part Lot Control Exemption on Unit Type and Number Lots/Blocks Affected Unit Type and Number Link Dwelling/Townhouse Block 216 5 units No Change Block 217 6 units No Change Block 218 6 units No Change Block 219 6 units No Change Block 220 5 units No Change TOTAL Units 28 No Change Page 163 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2024-062 Being a By-law to exempt a certain portion of Blocks 216, 217, 218, 219 and 220 Registered Plan 40M-2741, from Part Lot Control; Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control of Blocks 216, 217, 218, 219 and 220 Registered Plan 40M-2741, registered at the Land Titles Division of Whitby (File # PLC 2024-0002); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to Block 216, 40M-2741, Parts 3-9, 40R-32723; Block 217, 40M-2741, Parts 10 – 17, 40R- 32723; Block 218, Plan 40M-2741, Parts 18-25, 40R-32723; Block 219, 40M-2741, Parts 26-33, 40R-32723; and Block 220, 40M-2741, Parts 34 to 40 on Plan 40R- 32723. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of one (2) years ending on December 16, 2026. Passed in Open Council this 16th day of December, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-010 dated December 16, 2024. Page 164 Attachment 3 to Memo-11-24 Page 165 MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council From: Rob Maciver, Deputy CAO/Solicitor, Legislative Services Date: December 16, 2024 Memo #: Memo-015-24 Re: Diwali Fireworks Permit Statistics At the Council meeting on October 28, 2024, Resolution # C-108-24 was adopted as follows: 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). Below is a summary of this year’s activity in the Municipal Law Enforcement Division related to Diwali fireworks:  One hundred five (105) fireworks permit applications submitted.  Thirty-seven (37) permits issued.  Fifteen (15) applications were denied based on ineligibility.  Fifty-three (53) applications were cancelled because they were incomplete.  Zero fireworks complaints were received. In comparison, below is a summary of activity from 2023:  Seventeen (17) applications submitted.  Four (4) permits issued.  Twelve (12) applications were denied based on ineligibility.  One (1) application was cancelled because it was incomplete.  One fireworks complaint was received related to noise and traffic. Despite the increased number of permits issued in 2024, the number of fireworks displays was subdued this year, likely as a result of adverse weather conditions, including high winds and rain. Respectfully submitted, ________________________ Rob Maciver Deputy CAO/Solicitor Page 166