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HomeMy WebLinkAbout02/29/2016 ciffbooll i Council Agenda 4 Date: February 29, 2016 I Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street ' Bowmanville, Ontario r r I t � Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Cindy Fleming, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at cflemingCa)-clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio Record: The Municipality of Clarington makes an audio record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be audio recording you and will make the recording f p Y g Y g public by publishing the recording on the Municipality's website. In addition, please be advised that some of j the Council meetings may be video recorded. r r Copies of Reports are available at www.clarington.net i i I avi"n Council Agenda Date: February 29, 2016 Time: 7:00 PM Place: Council Chambers 1 Call to Order 2 Moment of Reflection i 3 Disclosure of Pecuniary Interest 4 Announcements j 5 Adoption of Minutes of Previous Meeting(s) 5.1 Minutes of a regular meeting of Council February 8, 2016 5-1 6 Presentations F 6.1 Roger Anderson, Regional Chair, Regional Municipality of Durham —Annual Address 7 Delegations There are no Delegations listed as of the time of publication. 8 Communications — Receive for Information There are no Communications to be received for information as of the time of publication. 9 Communications — Direction 9.1 Linda Laliberte, Chair, Ganaraska Forest Centre Conservation Dinner and 9-1 j Giselle Hatton, Administration Liaison, Ontario Federation of Anglers & Hunters — Joint Request for Sponsorship of 27th Annual OFAH/Ganaraska'Forest Centre Conservation Dinner in the amount of$5,000 (Motion to refer request for consideration during discussion of Item 11 of j the General Government Committee Report) f r I` C r i Page 1 i i i uadwm Council Agenda Date: February 29, 2016 Time: 7:00 PM Place: Council Chambers i 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Minutes of the Clarington Heritage Committee dated February 17, 2016 10-1 i 10.2 General Government Committee Report of February 16, 2016 10-5 10.3 Planning and Development Committee Report of February 22, 2016 10-10 11 Staff Reports 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business is 13.1 Report LGL-001-16 - Orono Business Improvement Area By-law 13-1 (Tabled by Council on February 8, 2016) j. 14 By-laws 14.1 2016-020 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 4 of the General Government Committee Report) 14.2 2016-021 BeingBy-law ato establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of the General Government Committee Report) I. 14.3 2016-022 Being a By-law to establish, lay out and dedicate certain lands as public j highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of r Clarington (Item 6 of the General Government Committee Report) 14.4 2016-023 Being a By-law to establish certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them (Item 7 of the General Government Committee Report) i Page 2 i i I Council Agenda Date: February 29, 2016 Time: 7:00 PM Place: Council Chambers 14.5 2016-024 Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Item 8 of the General Government Committee Report) i 14.6 2016-025 Being a By-law to exempt a certain portion of Registered Plan 40M-2553 from Part Lot Control (1494339 Ontario Ltd.) 14.7 2016-026 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1494339 Ontario Limited) (Approved by Council on November 23, 3015) 14.8 2016-027 Being a By-law to exempt a certain portion of Registered Plan 40M-2526 from Part Lot Control (H & H Properties Inc.) 14.9 2016-028 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington [Lanarose Properties Ltd. (The Kaitlin Group)] (Item 3 of the Planning & Development Committee Report) 15 Procedural Notices of Motion 16 Other Business f 17 Confirming By-Law 18 Adjournment i r: 4 E Page 3 Council Clar-ington Minutes February 8, 2016 Minutes of a regular meeting of Council held on February 8, 2016, at 7:00 PM, in the Council Chambers. Present Were: Mayor A. Foster, Councillor S. Cooke, Councillor R. Hooper, Councillor J. Neal, Councillor W. Partner, Councillor C. Traill, Councillor W. Woo Staff Present: F. Wu, A. Allison, T. Cannella, J. Caruana, D. Crome, F. Horvath, M. Marano, N. Taylor, G. Weir, A. Greentree, C. Fleming t 1 Call to Order E Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Traill led the meeting in a moment of reflection. 3 Disclosures of Pecuniary Interest Councillor Hooper indicated that he would be declaring a pecuniary interest with respect to Item 8 of the General Government Committee Report. Mayor Foster indicated that he would be declaring a pecuniary interest with respect to Item 8 of the General Government Committee Report. 4 Announcements Members of Council announced upcoming community events and matters of community interest. k 5 Adoption of Minutes of Previous Meeting Resolution #C-026-16 Moved by.Councillor Traill, seconded by Councillor Partner That the minutes of a regular meeting of Council January 18, 2016, be approved as corrected to reflect that Councillor Neal had pulled Item 2 of the General Government Committee Report of January 4, 2016, only to request that a recorded vote be taken and to show that he did not separately move the motion. Carried 6 Presentations i There were no Presentations scheduled for this meeting. = l - is 5-1 Council Clarington Minutes February 8, 2016 7 Delegations Resolution #C-027-16 Moved by Councillor Neal, seconded by Councillor Woo That the Rules of Procedure be suspended. Carried Resolution #C-028-16 Moved by Councillor Neal, seconded by Councillor Hooper That Libby Racansky be permitted to address Council concerning Item 7 of the Planning & Development Committee Report— Nash Road Developments and the Greenbelt Plan; and That Clint Cole be permitted to address Council, on behalf of Dr. Ian Clark, concerning Unfinished Business Item 13.2 -Addendum to Report PSD-008-16 - Clarington Transformer Station —Additional Professional Services. Carried 7.1 Dr. John Cherry addressed Council concerning Unfinished Business Item 13.2 - Addendum to Report PSD-008-16 — Clarington Transformer Station —Additional Professional Services. Dr. Cherry reiterated his previous statement regarding tritium analysis as a standard method for measuring aquifer and groundwater vulnerability. He stated the analysis that would be appropriate to include in any study, and questioned the resistance by Hydro One to include this evidence- based hydrology. Dr. Cherry stated that Stantec wrote a.desktop report which was accepted by the Ministry of the Environment and Climate Change (MOECC) noting that Hydro One had not indicated the significance of the project. Dr. Cherry stated the residents have personally paid to have wells analyzed, and the results have indicated that five out of six wells tested contained tritium, including the deep wells. Dr. Cherry acknowledged that Hydro One had paid for the deep hole drilling which provided valuable information, but there are a variety of issues that still need to be done including rotosonic boreholes. Dr. Cherry confirmed that they are requesting to undertake additional tritium testing which will provide for a better understanding and protection of the groundwater for the future. He noted that Hydro One had contributed $250,000 but those funds were not to be used to obtain new information. Dr. Cherry responded to questions from Members of Council. - 2 - 5-2 j Clarington Council Minutes r February 8, 2016 7.2 Clint Cole addressed Council, on behalf of Dr. Ian Clark; concerning Unfinished Business Item 13.2 - Addendum to Report PSD-008-16 — Clarington Transformer Station —Additional Professional Services. Mr. Cole read correspondence dated February 8, 2016, from Dr. Ian D. Clark, P. Geo, Professor in Isotope Hydrology, University of Ottawa. Dr. Clark acknowledged that the groundwaters of the deep Thorncliffe aquifer, predicted to be tritium- free, indicated the presence of tritium and the possibility that there are short circuits for local recharge. Dr. Clark is of the opinion that the conceptual model developed by SLR for groundwater recharge and flow, be reconsidered and that further testing of tritium concentrations and use of the expanded method of tritium-helium dating be required to show whether the Thorncliffe aquifer has possible short-circuit recharge pathways from the local area. Dr. Clark stated best hydrogeological practices to evaluate aquifer vulnerability must be undertaken and expressed concern that a baseline tritium study was not implemented as part of the site evaluation program for the project now under construction. Mr. Cole indicated that members of the Enniskillen Environmental j Association (EEA) conducted a conference call with Dr. Cherry and Dr. Clarke who are of the opinion that the evidence has not been clearly proven regarding the groundwater divide and the issue of connectivity still has to be refuted. Clint Cole responded to questions from Members of Council 7.3 Steven Usher, Hydrogeologist, SLR Consulting (Canada) Ltd. addressed Council concerning Unfinished Business Item 13.2 -Addendum to Report PSD-008-16 — Clarington Transformer Station —Additional Professional Services. Mr. Usher indicated that he was in attendance as a resource to f Council and to clarify information brought forward. Through use of a PowerPoint presentation, Mr. Usher reviewed a map showing the groundwater direction of flow and the divide line. He indicated that while the groundwater divide hasn't been drilled and identified exactly where it sits, it could only sit in the region indicated on the map and the Ministry of the Environment and Climate Change (MOECC) had accepted this information to show that the divide was there. He noted that the water does flow from east to west to the left of the divide and that there were no private wells in that layer. Mr. Usher also addressed the issue of connectivity of the sands, indicating there is connection to the shallow sands, there is no connection to the deep Thorncliffe aquifer which is the one that a lot of the wells are in. Mr. Usher reviewed a number of suppositions put forward. He indicated that the proposed study put forward would be conducted two steps. The first would be to sample key wells to determine the pattern, followed up with tritium sampling coupled with helium sampling. He indicated that SLR is in a position to coordinate this on behalf of Clarington and to contribute to the study. Steven Usher responded to questions from Members of Council. i' t i t i - 3 - h, 5-3 r Council Clarington Minutes February 8, 2016 7.4 Bill Peeters addressed Council concerning Item 6 of the Planning & Development Committee Report -Applications by H & H Properties Inc. to develop 68 Low Density Multi-Unit Residential Dwellings and 9 Single Detached Units. Mr. Peeters stated that residents were never opposed to development and that their goal was to keep Tooley Road as close to what it was and not to eliminate.the natural streetscape and natural heritage areas. Mr. Peeters acknowledged that it was a new challenge for most of the residents as they were not familiar with the planning process. He indicated that the area residents have worked together to come up with various solutions that would work for all. Mr. Peeters strongly believes that working together, all issues can be resolved for the betterment of Tooley Road. He noted that there has been some compromise from H & H Development regarding the design and number of homes on Tooley Road. He thanked Council and staff for their support and guidance through the process and H & H, the developer, for meeting to discuss a compromise for the condo development and to continue to work for the future of Tooley Road regarding other lands they own on Tooley Road. Mr. Peeters stated the natural beauty of Tooley Road will draw many new residents to the condo development and the new homes and these new residents will not want to see the area changed after they purchase their homes. Mr. Peeters requested that future proposals contemplated by any developers include full engagement of residents of Tooley Road and the immediate area: 7.5 Halina Workman addressed Council concerning Items 5 & 6 of the Planning & Development Committee Report -Amendment No. 104 to`the Clarington Official Plan to Delete an Elementary School Site in the Worden East Neighbourhood, Amendment to the Worden East Neighbourhood Design Plan Applications Submitted by H & H Properties Inc., and Applications by H & H Properties Inc. to Develop 68 Low Density Multi-Unit Residential Dwellings and 9 Single Detached Units. Ms. Workman indicated that she was speaking on behalf of the residents, many of whom were opposed to the original development. Ms. Workman indicated that throughout the process there has been negotiation and improvements have been made. She noted the residents have learned a great deal about how the Municipal planning process works and brought forward a number of points,to consider for improvement in the future. She stated that if a computer-generated concept of Tooley Road post development could have been provided to the residents as suggested by Councillor Neal last year, a lot of misconceptions and rumours could have been avoided and the developer's design could have been envisioned. Ms. Workman indicated that the residents had hoped for more of a compromise but acknowledged the requirements of Provincial legislation and mandates. She stated it is important to remember that intensification must be compatible with the existing area and that many residents still do not feel the nine dwellings are compatible. Ms. Workman requested that going forward, there be full disclosure of any future environmental studies being conducted in the area and that the residents be provided with the results as well as any information on any future proposals, particularly the area on Centrefield Drive. - 4 - 5-4 Council Clarinsoton Minutes j February 8, 2016 i 7.6 Libby Racansky addressed Council concerning Item 7 of the Planning & Development Committee Report - Nash Road Developments and the Greenbelt Plan. Ms. Racansky indicated there were 87 recommendations of the Provincial Land Use Advisory Panel submitted to the Province in January, which she feels C the public, Members of Council and the Province have not had sufficient time to digest. Ms. Racansky indicated that she would be highlighting 17 concerns regarding the removal of the Nash Road Development Inc. site from the Greenbelt at this time. Ms. Racansky stated it would be premature to remove the lands prior to a comprehensive review of the Greenbelt reduction, as the Municipality currently has sufficient land available for development. She expressed concern with the protection of agricultural land and natural heritage as well as protection of the Black Creek recharge. Ms. Racansky stressed that there are many unanswered questions regarding the ecological and financial impact of removing the site from the Greenbelt and suggested that Council request the Province to only expand the Greenbelt between Bowmanville and Newcastle but not request any changes to be made regarding removing this site. She stated development next to Highway 418 should not be considered to protect human health. Ms. Racansky made reference to Map 418 plate 13 during her delegation, and provided Members of Council with a written copy of her comments. Resolution #C-029-16 Moved by Councillor Neal, seconded by Councillor Partner That the Order of the Agenda be altered to considered Unfinished Business Item 13.2 at this time. Carried 13.2 —Addendum to Report PSD-008-16 — Clarington Transformer Station — Additional Professional Services Resolution #C-030-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-008-16 and Addendum to Report PSD-008-16 be received; That correspondence Item 9.1 from John Monster, with respect to Tritium Testing of Enniskillen Wells near Hydro One Transmission Site, be received; That correspondence Item 9.3 from Dr. Ian Clark, with respect to Tritium/He-3 Testing for the Municipality of Clarington, be received; , 5 _ I 5-5 Council Clarbgton Minutes February 8, 2016 That Council give pre-budget approval for 2016 for tritium testing in the vicinity of the Clarington Transformer Station, under the auspices of Group 360, Dr. Gerber, and Dr. Clark at an upset limit of $10,000 plus HST, provided that samples may be obtained from the deep bore hole on Hydro One property; and That all interested parties listed in Report PSD-008-16 and any delegations be advised of Council's decision. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Traill Councillor Woo Councillor Cooke Councillor Hooper Councillor Neal Councillor Partner Mayor Foster Resolution #C-031-16 Moved by Councillor Hooper, seconded by Councillor Cooke That Council recess for ten minutes. Carried The meeting reconvened at 8:50 PM. 8 Communications — Receive for Information There were no Communications to be received for information. 9 Communications — Direction 9.1 John Monster—Tritium Test of Enniskillen Wells near Hydro One Transmission Site Correspondence Item 9.1 was considered earlier in the meeting during discussion of Unfinished Business Item 13.2 —Addendum to Report PSD-008-16 — Clarington Transformer Station —Additional Professional Services. - 6 - 5-6 Council Cladnsqoa Minutes February 8, 2016 9.2 Libby Racansky— Nash Road Developments and the Greenbelt ' I Resolution #C-032-16 i Moved by Councillor Neal, seconded by Councillor Cooke j That correspondence Item 9.2 from Libby Racansky and the delegation of Libby Racansky, with respect to Nash Road Developments and the Greenbelt Plan, be received for information. Carried 9.3 Dr. Ian Clark, P.Geo. University of Ottawa — Tritium/He-3 Testing for Municipality of Clarington Correspondence Item 9.3 was considered earlier in the meeting during discussion of Unfinished Business Item 13.2 —Addendum to Report PSD-008-16 — Clarington j Transformer Station —Additional Professional Services. j 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 Minutes of the Clarington Accessibility Advisory Committee dated December 2, 2015 10.1.2 Minutes of the Agricultural Advisory Committee of Clarington dated January 14, 2016 Resolution #C-033-16 Moved by Councillor Partner, seconded by Councillor Traill That 10.1.1 Minutes of the Clarington Accessibility Advisory Committee dated December 2, 2015; and 10.1.2 Minutes of the Agricultural Advisory Committee of Clarington dated January 14, 2016 i be received for information. r Carried 1 I` - 7 - 5-7 Council Clarington Minutes February 8, 2016 10.2 General Government Committee Report of January 25, 2016 Resolution #C-034-16 Moved by Councillor Cooke, seconded by Councillor Neal That the recommendations contained in the General Government Committee Report of January 25, 2016 be approved, on consent, with the exception of items #7, 8, 11, 12 and 14. Carried Item 8 - Sponsorship Requests from the Community Living Oshawa/Ctarington, VON Durham and Concerts in the Park Bowmanville Resolution #C-035-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report CSD-002-16 be received; That the sponsorship request for Community Living Oshawa/Ctarington, in the amount of $1,500.00, be approved; and That all interested parties listed in Report CSD-002-16 and any delegations be advised of Council's decision. Carried Mayor Foster declared a pecuniary interest with respect to VON Durham referenced in Report CSD-002-16 as his wife is on the VON Durham Board and left the Council Chambers during discussion and voting on this matter. Councillor Neal assumed the Chair. Resolution #C-036-16 Moved by Councillor Cooke, seconded by Councillor Hooper That the sponsorship request for VON Durham, in the amount of$1,000.00, be approved. Carried Mayor Foster returned to the meeting and resumed the chair. Councillor Hooper declared a pecuniary interest with respect to Concerts in the Park Bowmanville referenced in Report CSD-002-16, as he is a founding member of the Concerts in the Park, Bowmanville and currently on thef Committee and left the Council Chambers during discussion and voting on this matter. - 8 - 5-8 Council ClafingtOfi Minutes February 8, 2016 Resolution #C-037-16 Moved by Councillor Cooke, seconded by Councillor Neal i t That the sponsorship request for Concerts in the Park Bowmanville, in the amount of $2,500.00, be approved. Carried Councillor Hooper returned to the meeting. Item 11 - Orono Business Improvement Area By-law i Resolution #C-038-16 i r i Moved by Councillor Partner, seconded by Councillor Woo That Report LGL-001-16 - Orono Business Improvement Area By-law be tabled until February 29, 2016 Council Meeting, to allow Members of the Orono BIA to meet with the Municipal Solicitor. Carried I r Item 14 - Election Sign By-law — Sign Placement Portion Resolution #C-039-16 Moved by Councillor Partner, seconded by Councillor Neal That the By-law attached to Report CLD-004-16, as Attachment 1 to regulate Election Signs, be approved with the following amendments: 1. the displaying of election signs is prohibited within any visibility triangle; 2. the sign size be consistent throughout the municipality regardless of the zoning on a property; 3. the sign height cannot exceed 1.22 metres; 4. the sign width cannot exceed 2.44 metres; j 5. the total sign height cannot exceed 1.5 metres (from grade to the top of the sign structure); and. 1 6. thea ment of the $250 deposit must be made before any election signs for the P Y � candidate are displayed; E That Section 10 of the draft by-law be further amended to permit election signs on public road allowances under the jurisdiction of the Municipality, provided that: l - 9 - (; f; 5-9 Council Clarington Minutes February 8, 2016 a) An election sign on a public road allowance be no closer than a 500 metre radius from another election sign for the same candidate which is placed on a public-road allowance; b) There is no property directly fronting the public road allowance in an Urban area which contains a residential dwelling or school; c) The election sign is not within 20 metres of a public mailbox; d) The election sign is not placed: (i) On any roadway median; (ii) On any traffic island; (iii) On any road shoulder; (iv) On any post, pole or support; e) Where there is a curb, the sign must be placed a minimum of one (1) metre back from the curb; f) Where there is no curb, the sign must be placed a minimum of (2) metres back from the travelled portion of the roadway; g) Signs shall not obstruct the vision of drivers or interfere with the visibility; and h) In the Urban areas, election signs will only be allowed on Regional Roads, and Type A, B, or C arterial roads. That By-law 2010-015, being an amendment to By-law 2009-123 be repealed; and That all interested parties listed in Report CLD-004-16 and any delegations be advised of Council's actions. Carried Item 7 — Newcastles of the World Resolution #C-040-16 Moved by Councillor Woo, seconded by Councillor Partner That Report CSD-001-16 be received; That the Newcastles of the World Steering Committee be established as a Committee of Council and the Terms of Reference (Attachment 2) be approved for the period of February 2, 2016 to October 31, 2016; That Councillor Partner be appointed as the Council Representative to the Newcastles of the World Steering Committee; - 10 - 5-10 Council Minutes Clarington February 8, 2016 I That the $20,000 financial contribution be referred to the 2016 municipal budget process; i That Council support all appropriate grant funding applications of the Committee; That the Municipality of Clarington Finance Department issue receipts for sponsorship and donation payments pertaining to Newcastles of the World event and in turn remit these funds to the Newcastles of the World Steering Committee for their use; I That municipal staff involvement with participation in the conference sessions be referred to Department Heads for their consideration; and That all interested parties listed in Report CSD-001-16 and any delegations be advised of Council's decision. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo V i Councillor Cooke V Councillor Hooper V Councillor Neal V Councillor Partner V Councillor Traill V Mayor Foster V r Item 12 — Renaming of Fire Station #5 j Resolution #C-041-16 Moved by Councillor Woo, seconded by Councillor Cooke Whereas Arnot Wotten has made a significant contribution to the Municipality of Clarington; and Whereas it would be a fitting tribute to Arnot to rename a Municipal facility after I Arnot Wotten; Now therefore be it resolved that the Naming of Municipal Buildings/Facilities Policy be E waived; That the Fire Station #5 be renamed to the "Arnot Wotten Fire Station #5"; and i f - 11 - 5-11 Council Clarington Minutes February 8, 2016 That the family of the late Mr. Wotten be advised of Council's decision. Carried on the following recorded vote: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Woo d Councillor Cooke d Councillor Hooper V Councillor Neal d Councillor Partner d Councillor Traill V Mayor Foster d 10.3 Planning & Development Committee Report of February 1, 2016 Resolution #C-042-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of February 1, 2016 be approved, on consent, with the exception'of Item #5. Carried Item 5 — Amendment No. 104 to the Clarington Official Plan to Delete an Elementary_School Site in the Worden East Neighbourhood Amendment to the Worden East Neighbourhood Design Plan Applications Submitted by H & H Properties Inc. Resolution #C-043-16 Moved by Councillor Woo, seconded by Councillor Neal That Report PSD-014-16 be received; That Amendment No. 104 to the Clarington Official Plan, prepared in response to an application submitted by H & H Properties Inc. be approved, as contained in Attachment 2 of Report PSD-014-16 and that the appropriate by-law be passed; That the revised Worden East Neighbourhood Design Plan as.contained in Attachment 3 of Report PSD-014-16, as amended to insert "roads" after the words "development limits" into the legend for the Environmental Study Area, be supported; That Staff be authorized to initiate an amendment to Zoning By-law to permit only single family detached dwellings with greater lot frontages and setbacks in the Urban Residential Type One (R1) zone, fronting on Tooley Road with the exception of the Medium density area, which would be rezoned to an appropriate zone; and - 12 - 5-12 r Council Clarbgton Minutes February 8, 2016 r That all interested parties listed in Report PSD-014-16 and any delegations be advised f of Council's Decision. Carried later in the meeting I Resolution #C-044-16 I Moved by Councillor Neal, seconded by Councillor Cooke f That the foregoing Resolution #C-043-16 be amended to add: j "That the 120 metre radius notification area under the Planning Act be increased to E 200 metres for any rezoning applications received within this neighbourhood." Lost on the following recorded vote: Council Member Yes No Declaration of . Absent Pecuniary Interest Councillor Neal d Councillor Partner d Councillor Traill d Councillor Woo d Councillor Cooke V Councillor Hooper V Mayor Foster V i; The foregoing Resolution #C-043 was then put to a vote and carried. 11 Staff Reports 11.1 Report EGD-009-16 —Appointment of Chief Building Official. Resolution #C-045-16 Moved by Councillor Partner, seconded by Councillor Traill That Report EGD-009-16 be received; That Brent Rice be appointed as the Chief Building Official for the Municipality of Clarington, effective immediately and that his name be added to Schedule `A', Table `A' of By-law 2011-036; That Richard A. Pigeon's name be deleted from Schedule `A', Table `A' of By-law 2011-036; and That the appropriate by-law be forwarded to Council Carried - 13 - 1 i 5-13 j Council ClaringtoilMinutes February 8, 2016 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion introduced under this Section of the Agenda. 13 Unfinished Business 13.1 Addendum to Report CLD-007-16 - Appointments to Energy from Waste -Waste Management Advisory Committee Resolution #C-046-16 Moved by Councillor Traill, seconded by Councillor Woo That Report CLD-007-16 be received; That the current Clarington appointees be thanked for their contributions to the Energy from Waste —Waste Management Advisory Committee; That the vote be conducted to appoint four citizen representatives for a two-year term or until a successor is appointed, from the Municipality of Clarington, to the Region of Durham's Energy From Waste —Waste Management Advisory Committee, in accordance with the Appointments to Boards and Committees Policy; and That all interested parties listed in Report CLD-007-16 and any delegations be advised of Council's decision. Carried Resolution #C-047-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Council recess for five minutes. Carried The meeting reconvened at 9:30 PM. The following appointments were made in accordance with the voting process outlined in the Council Appointments to Boards and Committees Policy, for the Energy from Waste —Waste Management Advisory Committee for a two-year term or until a successor is appointed, from the Municipality of Clarington: • Wendy Bracken • David Climenhage • Elaine Collis • .lam Vinson - 14 - 5-14 f Council Minutes Clarington February 8, 2016 13.2 Addendum to Report PSD-008-16 — Clarington Transformer Station —Additional Professional Services - Item 13:2 Addendum to Report PSD-008-16 — Clarington Transformer Station — Additional Professional Services was considered earlier in the meeting. 14 By-laws Resolution #C-048-16 r Moved by Councillor Hooper, seconded by Councillor Cooke E That leave.be granted to introduce By-laws 2016-009 to 2016-018 and 2016-004 14.1 2016-009 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 3 of the General Government Committee Report) 14.2 2016-010 Being a By-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 4 of the General Government Committee Report) 14.3 2016-011 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of the General Government Committee Report) 14.4 2016-012 Being a By-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item 6 of the General Government Committee Report) 14.5 2016-013 Being a By-law to appoint Private Property Parking Officers (Nemesis Security Services) (55 and 75 Shipway Avenue, Newcastle) (Item 10 of the General Government Committee. Report) 14.6 2016-004 Being a By-law to regulate the placement of election signs (Item-14 of the General Government Committee Report) 14.7 2016-014 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Building Corporation) (Valleymore Land Corp.) (Item 2 of the Planning & Development Committee Report) 1 i I= - 15 - 5-15 I' f. Council Clarington Minutes February 8, 2016 14.8 2016-015 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (LDB Holdings Ltd) (Item 2 of the Planning & Development Committee Report) . 1 14.9 2016-016 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Heather Holt) (Item 4 of the Planning & Development Committee Report) 14.10 2016-017 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (H & H Properties Inc.) (Item 6 of the Planning & Development Committee Report) 14.11 2016-018 Being a By-law to amend By-law 2011-036, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Staff Report 11.1); and That the said by-laws be approved. Carried 15 Procedural Notices of Motion There were no Procedural Notices of Motion introduced under this Section of the Agenda. 16 Other Business There was no Other Business introduced under this Section of the Agenda. 17 Confirming By-Law Resolution #C-049-16 Moved by Councillor Hooper, seconded by Councillor Cooke That leave be granted to introduce By-law 2016-019, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 8th day of February 2016; and That the said by-law be approved. Carried - 16 - 5-16 Council Clarinsqon Minutes February 8, 2016 18 Adjournment Resolution #C-050-16 Moved by Councillor Partner, seconded by Councillor Traill That the meeting adjourn at 9:42 PM. Carried E I i Mayor Municipal Clerk i f I; C r I l Y - 17 - 5-17 i i i Clarbgton ' IVI L) E IMI " I TO: Mayor Foster Members of Council FROM: Joseph P. Caruana, Director Community Services Department DATE: February 23, 2016 RE: Additional Sponsorship Request- CSD-005-16 Sponsorship Requests j Bethesda House, Bowmanville Hospital Foundation, Clarington Green Gaels Junior B Lacrosse Club The following sponsorship request from the Ganaraska Region Conservation Authority was inadvertently not included with the most recent Sponsorship Report (CSD-005-16.) Should Council wish to consider the request it would be appropriate to amend the resolution associated with the above noted staff report. 1. Ganaraska Region Conservation Authority, in partnership with the Ontario Federation of Anglers & Hunters, is hosting the 27th Annual OMH Ganaraska Forest Centre Conservation Dinner scheduled for Saturday, April 9 I at the.Cobourg Lions Centre. Proceeds from the event will support the Ganaraska Forest Centre and the Outdoor Education Program through the G purchase of supplies such as pond nets, cross-country ski equipment, snowshoes, microscopes and other program supplies. i The Ganaraska Region Conservation Authority is requesting a sponsorship for f Dinner Partner in the amount of $5,000.00 (Attachment 1.) The Municipality of Claringto6 has supported this event through the sponsorship program in 2014 in the amount of$500.00. t egard , Jos h P. Caruana Iw a Cc: Franklin Wu, CAO Sharon Meredith, Recreation Services Manager 1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LIC 3A6 T(905)623-3379 F(905)623-6506 9-1 Attachment 1 OFAH GAAARAsKA FOREST CENTRE CoNsERVATioN DrNNER 2216 County Road 28,Port Hope,Ontario UA 3V8 (905)385-3173 February 2016 The 27`h Annual OFAHIGanaraska Forest Centre Conservation Dinner will be held on April 9, 2016 at the Cobourg Lions Centre. This is a fundraising event attended by over 300 people. The outdoor education program at the Ganaraska Region Conservation Authority began in 1978. The program was subsidized by the provincial government until 1990 when the first OFAH(Ganaraska Forest Centre Conservation Dinner was held. The monies from this fundraising event go towards the purchase of supplies such as pond nets, cross-country ski equipment, snowshoes, microscopes, and other necessities to,allow the programs to continue. Every year over 9,000 students and teachers visit the Ganaraska Forest Centre for outdoor education. We offer curriculum based day programs as well as residential programs. Our unique outdoor education programs offer students a hands-on environmental experience in the 10,500 acre Ganaraska Forest. For further Information on our outdoor education program please visit our web site at www.ganaraskaforestcentre.ca. We are asking for your support by way of a sponsorship. Below is a list of sponsorship Opportunities: ❑ Corporate Sponsorship- $500.00 ❑ Wines from Ontario Draw- $1,000.00 ❑ $1,000.00 Executive Draw-$1,000.00 ❑ Live Auction Sponsor-$1,500.00 ❑ Wine Label Sponsor-$1,500.00 ❑ Dinner Partner- $5,000.00 All sponsorship packages listed above include 2 complimentary tickets to the event. Charitable donation receipts are issued and are acknowledged at the event in our dlnner program. In order to finalize our dinner program prior to it going to print, your reply is requested by March 9th 2016. Should you have any questions on the event please contact a committee member or call me at{905} 8858173. Thank you for your consideration of our request. Yours In conservation, L%nd w Lall1eevte, Linda J. Laliberte, CPA, CGA Chair of GFC Conservation Dinner Zana�r2askaRVATION A com3nunity event supporting the Centre's Conservation/Education Programs and Facilities 9-2 i ONTARIO FFDERATION F ANGLERSHUNTERS P.O.Box 2800,4601 GuthrioDtire, Peterhorough,Ontario "1 8L5 phones (705)748.6324# Fax- (705)743.9577.-Wslt,\mNy.oWi.org.Email,o&h@ofah.org i OFAI-I MF: 167A — --�- January 20,2016 q �E F JAN Mayor Foster N►tiNC{PAI-if tY Or>;:;# "NOTON Municipality of Clarington MA` OR$or-HGr 40 Temperence Street �� Bowmanville,Ontario L1C 3A6 Dear Mayor As a past-donoE, we would like to ask you again for your support as we prepare for our 2r Annual OFAH Ganaraska Forest Centre Conservation Dinner scheduled for Saturday,April 9 at the Cobourg Lions Centre. Wiff your help,we hope to mane this special anniversary year an event to remember. Your continued support of this suceessful event will ensure the stability of the Ganaraska Forest Centre locally through your Ganaraska Dinner Committee,as well as provinolally significant conservation projects of the OFAIL t For further information or to notify us of a donation,please feel free to contact Linda Laliberto at the Ganaraska Region Conservation Authority(poster on reverse). In the meantime,you may be contacted by one of our volunteer committee members to see if a donation is possible. We thank you for your continued support as we look forward to possibly seeing you on.April 9. Yours in Conservation, Giselle Hatton Administration Liaison Igh P.S. Please make note of our Early Bird deadline of March 9, Don't Buss out! 'F ...over I 9-3 P fin,aai oFAH/Ganar ska F.,,,,t cotiservation Dinner & _ � ` '� ion '{7a nage ka CONSERVATION Saturday, April 9, 2016 Cobourg Lions Community Centre Silent Auction Social Hour 5;30 p,m, Uf e Auction No host Cocktails Raffle Prizes Dinner 7;00 p.m. Door Prizes Proceeds supporting the Ganara.ska.Forest Centre and the Outdoor Education AI ograms Tickets $70 each. (Tickets must be purchased in advance) For tickets, information or to make a donation, please contact: Ganaraska Region Conservation Autho' rit 905-885-8173 A community event of the Ontario Flederation ofAnglers&Hunters and the Canaraska Legion Conseil`afion Authority. 9-4 i i i CLARINGTON HERITAGE COMMITTEE Minutes of Meeting February 17, 2016 MEMBERS PRESENT: Todd Taylor, Katharine Warren, Peter Vogel, Councillor Hooper, Joe Earle, Tracey Ali (7:05) j REGRETS: Victor Suppan, Paul Davidson, Robert Malone, Steve Conway I STAFF: Brandon Weiler J. Earle welcomed everyone to the meeting. DECLARATION OF PECUNIARY INTEREST None declared. - 1 ADOPTION OF AGENDA t E 16.04 Moved by T. Taylor, seconded by K. Warren I THAT the agenda be adopted. i "CARRIED" ADOPTION OF MINUTES 16.06 Moved by T. Taylor, seconded by'P. Vogel r THAT the minutes of the Meeting of January 19, 2016 be accepted. i "CARRIED" DELEGATIONS AND PRESENTATIONS 1 BUSINESS ARISING Jury Lands Foundation (Camp 30)- B. Weiler indicated that the foundation is working towards completing the trails signage and-are planning an Official Opening event for the spring. B. Weiler will inform the committee when the date has been finalized. The Jury Lands official website is now live and can be found at www:jurylandsfoundation.ca. The site is live but is still under construction. There was no other news to report. 1 jPage 10-1 REPORTS FROM OTHER COMMITTEES Bowmanville Community Improvement Program — No meeting to report Orono Community Improvement Program — P. Vogel reported that the Clarington Board of Trade, with community partners such as the BIA's, CIP groups and others, will be undertaking a business retention and expansion study starting in January of 2016. Newcastle Community Improvement Program — J. Earle also reported that the Clarington Board of Trade provided a presentation to Newcastle outlining the business retention and expansion study. J. Earle also reported that the 5 storey building behind the former Massey building has been approved and is going through the site plan process. Architectural Conservancy Ontario, Clarington Branch — No news to report Newcastle Village & District Historical Society— No meeting to report Museum — No news to report Heritage Week Working Group.—The 2016 program is currently being developed, suggestions are welcome as are additional members. Next meeting February 17, 2016 at 9:30 a.m. in Room 1A. CORRESPONDENCE AND COUNCIL REFERRALS PROJECT REPORTS Subcommittee Reports: Public Outreach and Education Committee — No meeting to report. Municipal Inventory and Register Committee — No meeting to report. NEW BUSINESS Delegation for Council Budget Request-The committee confirmed the desire to seek additional funding from Council (beyond what has been budgeted) to have funds that would specifically assist with education of committee members. The funds would allow the committee to provide more opportunities for members to attend conferences, seminars and webinars to stay current with heritage issues and conservation techniques_ As an advisory committee to Council, the committee members feel it is essential that they remain current and informed on heritage matters. 2_ .P.a_ge_ 10-2 J. Earle and K. Warren indicated they would be available to present to Council at the March 18, 2016 budget meeting. J. Earle volunteered to work on a draft of the request of Council for the committee members to review. Part of J. Earle's draft will include a proposed dollar amount based on past training expenses and theproposed amount of training being requested. i 16.06 Moved by K. Warren, seconded by T. Ali I THAT the Clarington Heritage Committee appear as a. j delegation before Council at the Special General Government Committee meeting dedicated to budget review to request funding for training of committee members. i "CARRIED" Ontario Heritage Trust Nomination (Brain and Audrey Jose) - The Ontario Heritage Trust Awards recognize exceptional contributions to heritage conservation, environmental sustainability and biodiversity, and cultural and natural heritage. The j Municipality nominated Brian and Audrey Jose, the new owners of the Walbridge house.. Support from Myno Van Dyke, Newcastle Village and District Historical Society and the Heritage Committee was included. A report was endorsed by Council officially nominated the Jose's on the Ontario Heritage Trust application. Mayor Foster recently received a letter indicating that the Jose's were not selected for j an Ontario Heritage Trust Award. Staff will follow-up with the Ontario Heritage Trust to determine what areas the nomination was lacking in and how to prepare better applications in future years. Durham Heritage Committees Event—At the November 2015 Heritage Committee meeting the Public Outreach and Education subcommittee discussed the idea of creating a network with all Durham Region Heritage Committee's. This would allow for more education opportunities and networking to identify current trends and issues in heritage, especially within the Region. E i B. Weiler reported that in January of 2016 Durham Region heritage planners formed a working group and had their first meeting for many of the similar reasons.the-committee had outlined in November. At this meeting, B. Weiler indicated the willingness of the f Clarington Heritage Committee to assist in creating a network of the committees. All the . planners in attendance thought it would be a great idea and thought their committees would be interested in pursuing the idea. f - c 3 ( Page 10-3 The committee confirmed their willingness to pursue the event, to be hosted by the Clarington Heritage Committee in the fall of 2016, and will prepare a letter to be sent to Durham Region Heritage Committee's. 16.07 Moved by K. Warren, seconded by T. Taylor THAT the Clarington Heritage Committee prepare a letter inviting all Durham Region Heritage Committees to form a working network and to host an event in the Fail of 2016 providing an opportunity to discover what issues other Heritage Committees in Durham are facing. "CARRIED" Goodyear Property— B. Weiler informed the committee that the Veyance Technologies is shutting down production and closing their facility south of downtown Bowmanville at 45 Raynes Avenue. The property has a rich history and has played an important role in Bowmanville since the late 1890's. The original building is still on the site and has had numerous additions over the years. The property is identified as having merit on the Municipal Inventory. Committee members felt that the Municipal Inventory and Registry subcommittee should look into this property as there may be future demolition and development pressures. T. Taylor was the only member of the Municipal Inventory and Register subcommittee present and asked that this item remain on the agenda for next meeting to continue the discussion. K. Warren moved to adjourn the meeting. Next meeting: March 15, 2016, 7.00 p.m., at Clarington Municipal Offices in Room 1 C 4Page 10-4 CkrhWon General Government Committee Report to Council Report to Council Meeting of February 29, 2016 Subject: General Government Committee Meeting of Tuesday, February 16, 2016 I Recommendations: • Receive for Information (a) 8.1 Minutes of the Newcastle Village Community Hall Board dated November 17, 2015 (b) 8.2 Minutes of the.Central Lake Ontario Conservation Authority I dated January 19, 2.016 (c) 8.3 Minutes of the Ganaraska Region Conservation Authority dated December 10, 2015 (d) 8.4 Minutes of the Tyrone Community Centre dated January 20, 2016. (e) 8.5 Jo-Anne McFarland, Clarington Polar Bear Swim Committee — Clarington Polar Bear Swim Update (f) 8.6 Stephen M. A. Huycke, Town Clerk, Town of Aurora — Ontario Municipal Board Jurisdiction (g) 9.3 Sarah Smith, Acting Clerk, Township of Wainfleet— Resolution Requesting that Ontario Cancel RFP for Added Wind Power Generation (h) OPD-003-16 Pitch In Week (i) CSD-003-16 Community Services —2015 Year End Review (j) CLD-010-16 Integrity Commissioner c f: C 2• Autism Ontario's Raise the Flag Committee, Autism Ontario 1 That the raising of Autism Ontario's Flag on April 4, 2016, be approved. i Page 1 10-5 ClariLWR General Government Committee Report to Council 3• Bunny Clark, Durham Region Representative, Huntington Society of Canada That the.raising of the Huntington Society of Canada's flag and the changing of the outside lights at the Municipal Administrative Centre to blue and purple on an available date in May, 2016, be approved. 4. Northeast Bowmanville Subdivision Phases 1C, 2B and 6, Bowmanville, Plans 1 OM-840 (part of), 40M-1670 (part of) and 40M-2389 `Certificate of Acceptance' and `Assumption By-law', Roads and Aboveground Services That Report EGD-010-16 be received; That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Aboveground Services, which includes final stage roads and other related Works, constructed within Plans 1 OM-840 (part of), 40M-1670 (part of) and 40M-2389; That Council approve the by-law attached to Report EGD-010-16, assuming.certain streets within Plans 10M-840 (part of), 40M-1670 (part of) and 40M-2389 as public highways; and That all interested parties listed in Report EGD-010-16 be advised of Council's decision. 5• Port of Newcastle Subdivision Phase 2 West Stage 2, Newcastle, Plan 40M-2327 `Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works That Report EGD-011-16 be received; That the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2327; That Council approve the by-law attached to Report EGD-011-16, assuming certain streets within Plan 40M-2327 as public highways; and That all interested parties listed in Report EGD-011-16 be advised of Council's decision. Page 2 10-6 i Claftwn General Government Committee Report to Council 6• Port of Newcastle Subdivision Phase 1 Stage 6, Newcastle, Plan 40M- 2226 'Certificate of Acceptance' and 'Assumption By-law', Final Works Including Roads and Other Related Works That Report EGD-012-16 be received; That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plan 40M-2226; That Council approve the by-law attached to Report EGD-012-16, assuming certain streets within Plan 40M-2226 as public highways; and - I That all interested parties listed in Report EGD-012-16 be advised of Council's decision. 7. Huntington Subdivision Phase 2A and 2B, Courtice, Plans 40R-20915 and 40M-2148 'Certificate of Acceptance' and `Assumption By-law', Final Works Including Roads and Other Related Works That Report EGD-013-16 be received; That the Director of Engineering Services be authorized to issue a `Certificate of Acceptance' for the Final Works, which includes final stage roads and other related Works, constructed within Plans 40R-20915 and 40M-2148; I That Council approve the by-law attached to Report EGD-013-16, assuming certain streets within Plans 40R-20915 and 40M-2148 as public highways; arid f That all interested parties listed in Report EGD-013-16 be advised of Council's I decision. 8. Appointment of Inspector That Report EGD-014-16 be received; That Jennifer Delaney be appointed as Building Inspector for the Municipality of Clarington, effective immediately and that her name be added to Schedule `A', Table `C' of By-law 2011-036; and That the appropriate by-law be forwarded to Council i Page 3 10-7' ClarhWon General Government Committee Report to Council 9• Automatic Aid Agreement - Oshawa Fire Services That Report ESD-001-16 be received; and That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with the Oshawa Fire Services (Attachment 1 to Report ESD-001-16). 10. Canada 150 Fund Program Application. That Report CSD-004-16 be received; That staff be authorized to complete an application to the Canada 150 Fund Program for programs and initiatives in Clarington to recognize and celebrate Canada's 150th anniversary of Confederation; and That staff be authorized to apply as a partner with community organizations that may be interested in applying for funding through the Canada 150 Fund for separate initiatives where services can be provided in kind at no direct cost to the Municipality. 11. Sponsorship Requests from Bethesda House, Bowmanville Hospital Foundation and Clarington Green Gaels Junior B Lacrosse Club, Big Brothers Big Sisters of Clarington, Community Living Oshawa, Rotary Club of Courtice That Report CSD-005-16 be received; That the sponsorship request for Rotary Club of Courtice, in the amount of$500.00, be approved; That the sponsorship request for Bethesda House, in the amount of$500.00, be approved; That the sponsorship request for Bowmanville Hospital Foundation, in the amount of$3,300.00, be approved; That the sponsorship for the Bowmanville Hospital Foundation, be divided as follows: • Tee Off Fore Health Golf Tournament- $2,100.00 (Gold Club) • 1st Annual Fashion Show- $200.00 • Harvest Ball - $1,000.00 Page 4 10-8 ® General Government Committee Report to Council That the sponsorship request for Claring ton Green Gaels Junior B Lacrosse Club, in the amount of$500.00, be approved; That the sponsorship request for Big Brothers Big Sisters of Clarington, in the amount of$500.00 be approved; That the sponsorship request for Community Living Oshawa/Clarington, in the amount of$500.00, be approved; and That all interested parties listed in Report CSD-005-16 and any delegations be advised of Council's decision. 12. Appointment of a Livestock Valuer That Report CLD-011-16 be received; The Milton Dakin be appointed as a Livestock Valuer for a term ending December 31, 2018, or until a successor is appointed; and That all interested parties listed in Report CLD-011-16 be advised of Council's decision. 13. Supply and Haulage of Granular Material That Report COD-003-16 be received; That Robert E. Young Construction Ltd with a total bid in the amount of $185,981.97 (net H.S.T. rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2015-32 be awarded the contract for Supply and Haulage of Granular Material; j That the funds required 'in the amount of$185,981.97 (net H.S.T. rebate) be drawn from the respective 2016 operating budget; and That the Purchasing Manager be authorized to extend the contract for one additional.one year term pending satisfactory service, available funds, and subject to yearly rate increase based on the Consumer Price Index, All Items, Ontario, most recent issue. 14. List of Applications for Cancellation, Reduction, Apportionment That Report FND-001-16 be received; and That the list of applications, attached to Report FND-001-16 as Attachment 1 for cancellation, reduction, apportionments or refund of taxes be approved. Page 5 10-9 QVI Upn Planning & Development Committee Report to Council Report to Council Meeting of February 29, 2016 Subject: Planning & Development Committee Meeting of Monday, February 22, 2016 Recommendations: 1. An Application by Dr. Linda Carter to Permit Commercial Uses, Including a Veterinary Clinic That Report PSD-016-16 be received; That the applications to amend the Clarington Official Plan and Zoning By-law 84-63, submitted by Dr. Linda Carter to permit commercial uses, including a veterinary clinic, continue to be processed and that a subsequent report be prepared; and j That any delegations and all interested parties be notified of Council decision. 2. A Rezoning Application by 1891211 Ontario Limited to Permit Three Six-Storey Apartment Buildings Containing 414 Dwelling Units That Report PSD-017-16 be received; That the proposed application to amend Zoning By-law 84-63 submitted by 1891211 Ontario Limited continue to be processed including the preparation of a subsequent report; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-017-16 and Council's decision; and i That all interested parties listed, in Report PSD-017-16 and.any delegations be advised of Council's decision. 3. Applications by Lanarose Properties Ltd. (The Kaitlin Group) to Permit 4 Single Detached Dwellings and 1 Block for 5 Townhouses in Bowmanville That Report PSD-018-16 be received; Page 1 10-10 Planning & Development Committee Report to Council That the application for Draft Plan of Subdivision S-C 2015-0003 submitted by Lanarose Properties Ltd. be supported, subject to conditions as contained in Attachment 2 of Report PSD-018-16; That the Zoning By-law Amendment application submitted by Lanarose Properties Ltd. be approved as contained in Attachment 3 of Report PSD-018-16; That once all Conditions of Draft Approval and requirements of the Official Plan with respect to the removal of the (H) Holding Symbol are satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-018-16 and Council's decision; and That all interested parties listed in Report PSD-018-16 and any delegations be advised of Council's decision. . 4. Renaming Port Darlington Road to Port Darlington Boulevard, Nautical Street Names in the Port Darlington Neighbourhood, and Revised Street Addresses for a Number of Properties That Report PSD-020-16 be received; That staff be authorized to take all appropriate steps for the renaming of the existing portions of Port Darlington Road to Port Darlington Boulevard, as shown in Figure 1 of Report PSD-020-16; That staff be authorized to take all appropriate steps to re-address the properties noted in Section.2.3 of Report PSD-020-16; That property owners and tenants receive a goodwill payment recognizing the inconvenience and time associated with the street name or address change as ' identified in Section 2.1 of Report PSD-020-16; That Planning Services Staff be authorized to assign Nautical Theme Names for the Draft Approved Plans of Subdivision in the Port Darlington Neighbourhood (S-C-2002-002 & S-C-2013-0002); and That all interested parties listed in Report PSD-020-16.'and delegations be advised of Council's decision. Page 2 10-11 ® n in Development mmi CLV ala n C• ttee Report to Council 5. Donation of Lands - Rear Portion of 2365 and 2385 Energy Drive That the recommendations contained in Confidential Report PSD-019-16 be approved. I i i i I i i i i i i i E 4 E r I Page 3 10-12 i Unfinished Business 13.1 Cladfisqonj Legal Services Report i If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee i Date of Meeting: January 25, 2016 Report Number: LGL-001-16 � 1 i File Number: Department File #L1000-31 By-law Number: Report Subject: Orono Business Improvement Area By-law Recommendations: E 1.1 That Report LGL-001-16 be received; and I EITHER 1.2 That the by-law attached to this Report (Attachment 1) be passed. OR 1.3 That staff be directed to, r (a) provide notice to every member of the current Orono Business Improvement Area of Council's intention to repeal By-law 81-1, as amended by By-law 94-44, and By- law 89-50; and (b) if no objections are received in response to such notice, report back to Council at L its meeting on February 29, 2016 with recommendations to (i) repeal By-law 81-1, as amended by By-law 94-44, and By-law 89-50; and (ii) continue the committees of the Orono BIA that were established to run the Orono Chili Cook-Off, Orono Santa Claus Parade and Orono Antique Festival as committees of Council. i is r F i I 13-1 Municipality of Clarington Page 2 Report LGL-001-16 Report Overview Staff are recommending that Council either update the Orono Business Improvement Area By-law or recognize that this BIA is no longer necessary, in which case the members of the current Orono Business Improvement Area of Council's should be notified of Council's intention to repeal the by-laws that established the BIA. 2. Background 2.1 On September 21, 2015, Council passed the following Resolution (#C-247-15): That Report LGL-008-15 be received; That staff be directed to provide notice of the proposed by-law attached (Attachment 1) to Report LGL-008-15 to the current Board of Management of the Orono Business Improvement Area and to every member of the current Orono Business Improvement Area; and That staff report back to Council on any objections received after the time for filing such objections (60 days after the last day of mailing of the notices) has passed. 2.2 A copy of Report LGL-008-15 is attached to this Report (Attachment 2). 2.3 As directed, staff sent the required notices on September 22, 2015. There were no objections received. There were no comments of any kind provided to staff in response to the notice. 3. Discussion 3.1 In the opinion of staff, it is appropriate for Council to either update the Orono BIA by-law by passing the by-law attached to this Report as Attachment 1 or recognize that the Orono BIA is no longer necessary and repeal the by-laws that established and provided governance provisions for the BIA (By-law 81-1, as amended by By-law 94-44, and By-law 89-50). 3.2 It may be appropriate to discontinue the Orono BIA given the fact that for many years it has been difficult to find 7 members of the BIA willing to sit as directors of its board of management. Even when there have been 7 directors, it has been 13-2 Municipality of Clarington Report LGL-008-15 Page 3 i difficult to arrange meetings at which there was a quorum (4 directors). At the present time, there are only 4 directors. 3.3 If Council repeals the by-laws, the BIA's annual levy (approximately $6,000) will no longer be applied and any funds remaining in the Orono BIA bank accounts and investments (if any) can be turned over to the Treasurer and used by Council j for purposes consistent with the former BIA's purposes. 3.4 If Council repeals the by-laws, the committees that were established to run the Orono Chili Cook-Off, Orono Santa Claus Parade and Orono Antique Festival should be continued a committees of Council in order for the organizers of those events to be covered by the Municipality's insurance. In order to maintain their status as committees of Council, these committees will need to (a) forward minutes of their meetings to Council for information; (b) submit a budget to Council (if they are seeking funding); and (c) provide financial records to the Finance Department. These committees cannot incur debt and their assets (if any) become municipal assets. 3.5 Although it is not a legislative requirement, it is recommended that members of the current Orono Business Improvement Area be notified of Council's intention to repeal By-law 81-1, as amended by By-law 94-44, and By-law 89-50 before Council actually passes the by-laws. i 4. Concurrence r 4.1 This report has been reviewed by the Director of Finance who concurs with the recommendations. I 5. Conclusion 5.1 It is respectfully recommended that Council adopt the by-law attached to this Report (Attachment 1) or notify current BIA member of Council's intention to repeal the Orono BIA by-laws. i' I I r r t I i i 13-3 Municipality of Clarington Report LGL-008-15 Page 4 6. Strategic Plan Application - not applicable t � F Submitted by: Reviewed b �� Y Y`� Andrew E. Allison, B. Comm, LL.B Franklin Wu, Municipal Solicitor Chief Administrative Officer Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net Attachments: Attachment 1 — Proposed Orono Business Improvement Area By-law Attachment 2 — Report LGL-008-15 (without attachment) 13-4 1 Attachment 1 to Report LGL-001-16 THE CORPORATION OF THE MUNICIPALITY-OF CLARINGTON BY-LAW 2016- A by-law respecting the Business Improvement Area of Orono j WHEREAS in 1981 the Town of Newcastle designated an area in the Village of Orono Central Business District as an improvement area and established a board of management for such area in accordance with the predecessor to what is now section 204 of the Municipal Act, 2001; and WHEREAS Council wishes to reaffirm the boundaries of such improvement area and clarify and update the powers of its board of management. NOW THEREFORE Council enacts as follows: Interpretation f 1. In this by-law, i "BIA" means the Orono Business Improvement Area described in section 4; "Clerk" means the Municipal Clerk; "Council" means the Council of the Municipality; "Director of Finance" means the Municipality's Director of Finance; "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c.25; and I` "Municipality" means The Corporation of the Municipality of Clarington. 2. In this by-law, unless otherwise specified, fl I: (a) reference to any Act or By-law is reference to that Act or By-law as it is I amended or re-enacted from time to time; i f (b) references to sections are references to sections in this by-law; and (c) each section is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections. 3. This by-law shall be read with all changes in gender or number as the context requires. 1 i i' i 13=5 Orono BIA By-Law No. 2016- Page 12 Designation of Improvement Area 4. The following geographic area is designated as an improvement area within the meaning of subsection 204(1) of the Municipal Act, 2001: Main Street between Station Street and the junction of Mill and Main Streets; Park Street between Main and Church; Centreview Street between Main and Church; Church Street between Park and Centreview in the former Village of Orono. 5. The improvement area described in section 4 and shown in Schedule "A" to this by-law shall be known and referred to as the "Orono Business Improvement Area". Membership 6. Members of the BIA consist of persons who are assessed, on the last returned assessment roll, with respect to rateable property in the BIA that is in a prescribed business property class and tenants of such property. 7. In determining whether a person is a tenant or not, the Clerk may accept a list provided under clause 210(2)(b) of the Municipal Act, 2001 or the declaration of a person that the person is a tenant and the determination of the Clerk is final. Voting 8. Each member of the BIA has one vote regardless of the number of properties that the member may own or lease in the BIA. 9. A corporate member of the BIA may.nominate in writing one individual to vote on behalf of the corporation. 10. Subject to section 8, one individual may be nominated for voting purposes by two or more corporations that are members of the BIA. Board of Management 11. A board of management for the BIA (the "Board") is hereby established for the purposes of, (a) overseeing the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the BIA beyond that provided at the expense of the Municipality generally; and (b) promoting the BIA as a business or shopping area. 1-2. The Board shall be composed of a total of 7 directors. One director shall be a member of Council appointed directly by the Municipality and the remaining 6 directors shall be selected by a vote of the membership of the.BIA and appointed 13-6 Orono BIA By-Law No. 2016- Page 13 by the Municipality. 13. The Municipality may refuse to appoint a person selected by the members of the BIA, in which case the Municipality may leave the position vacant or direct that a meeting of the members of the BIA be held to elect or select another candidate for the Municipality's consideration. 14. The term of the Board's directors shall be the same as the term of the Council that appointed them but continues until their successors are appointed. 15. Directors are eligible for reappointment. 16. Subject to section 13, if a vacancy occurs for any cause, the Municipality may appoint a person to fill.the vacancy for the unexpired portion of the term and the appointedperson is not required to be a member of the BIA. 17. The Board shall, as soon as possible after its members are appointed,.elect a chair, vice-chair, secretary, treasurer, and such other officers as it may deem necessary to properly conduct the business of the Board. The Board may determine the length of any such appointments. 18. Directors shall serve without remuneration. 19. The Board shall appoint one of its directors to serve as its representative on the Clarington Board of Trade. F 20. The Board may establish such committees as it deems necessary to carry out t Board responsibilities. Conflict of Interest 21. Directors shall be governed by the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 which requires them to declare a conflict of interest if they or any member of their family has a pecuniary interest in a matter before the Board. The declaration of a conflict of interest and any subsequent action taken by the Board C` relating to matter in respect of which the declaration was made shall be recorded in the minutes of the meeting as required under Municipal Conflict of Interest Act. i 22. No director of the Board shall.have any contract with the Board or have any pecuniary interested direct or indirect in any contract work relating to the operations or functions of the Board. Board Meetings 23. The Board may fix the times and places for its meetings, establish the mode of calling and conducting its meetings, and make regulations governing the conduct 13-7 Orono BIA By-Law No. 2016- Page ( 4 of its directors. 24. Board meetings shall be open to the public and no person shall be excluded from a Board meeting except for improper conduct or for reasons set out in subsection 239(2) of the Municipal Act, 2001. 25. Four directors of the Board shall constitute a quorum. Budget 26. The Board shall prepare a proposed budget for each calendar year by the date and in the form required by the Director of Finance and shall hold one or more meetings of BIA members to discuss the proposed budget. 27. The Board shall submit the budget to Council by the date and in the form required by the Director of Finance, and Council may approve it in whole or in part but may not add expenditures to it. 28. The Board shall submit to Council a detailed program of the improvement, beautification and maintenance proposed for each calendar year with its budget. 29. The Board shall include all requests for financial support in its proposed budget (section 26) and proposed program (section 28). Council shall not allocate funds to the BIA or its committees through the Municipality's grant or sponsorship policies: Reserve Funds 30. The Board may draw upon the any reserve funds received from any source provided the expenditure is included in a budget that has been approved by Council or approved by Council resolution. Notice 31. The Board shall give reasonable notice to the general membership of the BIA of any meeting at which there will be a vote to select directors (section 12) or discussion on a proposed budget (section 26). Funds 32. The Municipality shall annually raise the amount required for the purposes of the Board in accordance with section 208 of the Municipal Act, 2001. Limitations 33. The Board shall not, 13-8 Orono BIA By-Law No. 2016- Page 15 (a) spend any money unless it is included in the budget approved by the Municipality or in a reserve fund established under section 417 of the Municipal Act, 2001; j (b) incur any indebtedness extending beyond the current year without the prior approval of the Municipality; or (c) borrow money. Policies 34. In accordance with subsection 270(2) of the Municipal Act, 2001, the Board shall adopt and maintain procurement policies. The Municipality's Purchasing By-law No. 2015-022 may be used as adapted by the Board to the specific requirements of the Board. i 35. If required, the Board shall adopt and maintain a policy respecting "its sale and i other disposition of land" and "its hiring of employees" in accordance with subsection 270(2) of the Municipal Act, 2001. l 36. The Board may establish such other policies, rules or.guidelines as it deems necessary to carry out its responsibilities, provided such policies, rules and guidelines are consistent with this by-law and the provisions of the Municipal Act, 2001. I Agreements 37. The Board may enter into agreements for normal operating or administrative j matters that are within budgetary limits and are consistent with the terms of this by-law. Annual Report r 38. The Board shall submit its annual report for the preceding year to Council in the form required by the Director of Finance upon request. Audit 39. Annually the Board shall submit its financial records to the Director of Finance in accordance with a schedule determined by the Director of Finance, generally to be on or about the first week of February. 40. The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts and transactions of the Municipality, and all minutes, books, records, documents, transactions; accounts and vouchers of the Board shall be open to the Municipal Auditor for inspection at all times. 13-9 Orono BIA By-Law No. 2016- Page 16 Assets 41. A physical or tangible asset used, assigned, donated or acquired by the Board is the property of the Municipality. The Director of Finance shall be notified forthwith of any significant assets donated to the Board. Records 42. The Board shall adopt and maintain only banking arrangements and ordinary good accounting practices that are acceptable to the Director of Finance and keep such books of account and submit such statements from time to time as the Director of Finance may require. 43. The Board shall keep minutes of its meetings and all books, papers and documents used in and pertaining to the business of the Board. All such documents shall be collected, used and disclosed only in accordance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. 44. The minutes of all Board meetings shall be forwarded to the Clerk within 10 business days following ratification by the Board. Insurance 45. As the Board is a board of Council, insurance protection is provided to the Board and its volunteers under the Municipality's Master Insurance Policy terms and conditions. The Board shall forward to the Director of Finance appropriate documentation of all claims or potential claims. The Board shall undertake all of its activities keeping in mind general risk management practices in order to prevent or minimize claims, injuries or damages, and shall work co-operatively with the Municipality's insurer in the investigation and defence of all claims. Repeal 46. By-law 81-1, as amended by By-law 94-44, and By-law 89-50 are repealed. Effective Date 47. This by-law shall come into effect on the date of its passage. 13-10 Orono BIA By-Law No. 2016- Page 17 Schedule 48. Schedule "A" is attached to and forms part of this by-law. By-law passed this 8th day of February, 2016. Adrian Foster, Mayor Anne Greentree, Municipal Clerk 13-11 iv 70 000F Legend i a BL_Area_Boundaries — ParGels_wdhtrn_Oronc► ENS A. CENTREVIEW STREET I A Ul i g PARK STF�EET e i Orono B'IA T s Attachment 2 to Report LGL-001-16 ciffbooff Legal Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: September 8, 2015 Report Number: LGL-008-15 s (�U, r 0act File Number: Department File #L1000-31 By-law Number: Report Subject: Orono Business Improvement Area By-law Recommendations: 1.1 That Report LGL-008-15 be received; 1.2 That, in accordance with subsection 210(1) of the Municipal Act, 2001, staff be directed to provide-,notice of the proposed by-law attached (Attachment 1) to Report LGL-008-15 to the current Board of Management of the Orono Business Improvement Area and to every member of the current Orono Business Improvement Area; and 1.3 That staff report back to Council on any objections received after the time for filing such objections (60 days after the last day of mailing of the notices) has passed. 13-13 Municipality of Clarington Page 2 Report LGL-008-15 Report Overview Staff are recommending that Council update the Orono Business Improvement Area By- law. 2. Background 2.1 In 1981 the Town of Newcastle designated an area in the Village of Orono Central Business District as an improvement area and established a board of management in accordance with the predecessor to what is now section 204 of the Municipal Act, 2001. 2.2 Other than two minor amendments in 1989 (to cap the budget at $20,000) and 1994 (to clarify the term of board appointments), the Orono Business Improvement Area By-law (No. 81-1) has not been amended or updated. 3. Discussion 3.1 In the opinion of staff, it is appropriate for Council to update the Orono BIA by-law by passing the by-law attached to this Report as Attachment 1. 3.2 As compared to the existing by-law (No. 81-1, as amended), there are no substantive changes proposed other than changes required to bring the by-law up-to-date in terms of current legislation (e.g. Municipal Act, 2001, Municipal . Conflict of Interest Act and Municipal Freedom of Information and Protection of Personal Privacy Act) and current Municipal policies and practices (e.g. auditing, financial support and insurance coverage). 3.3 The proposed by-law reaffirms the boundaries of current BIA. 3.4 The wording in sections 6 through 11, 13 through 16, 26, 27, 31, 32 and 33 of the proposed by-law is taken directly from the Municipal Act, 2001. 3.5 The proposed by-law does not provide for associate members or honorary members because under the Municipal Act, 2001 they technically are not allowed. However, the BIA Board can provide for different membership-like privileges in any rules, policies or guidelines that it adopts provided they are consistent with the by-law and the provisions of the Municipal Act, 2001 (Le. voting rights). 13-14 Municipality of Clarington Report LGL-008-15 Page 3 3.6 Section 210 of the Municipal Act, 2001 requires that notice be given before the proposed by-law can be passed by Council. Subsection 210(1) reads, in part, as follows: Before passing a by-law under subsection 204 (1) ... notice of the proposed by-law shall be sent by prepaid mail to the board of management of the improvement area, if any, and to every person who, on the last returned assessment roll, is assessed for rateable property that is in a prescribed business property class which is located, (a) where the improvement area already exists, in the improvement area ... 4. Concurrence 4.1 This report has been reviewed by the Director of Finance who concurs with the recommendations. 5. Conclusion 5.1 It is respectfully recommended that staff be directed to provide-notice of the proposed by-law and report back Council. 6. Strategic Plan Application - not applicable �-�/'� Reviewed by: Submitted by: Andre C. Allison, B. Comm, LLB Franklin Wu, Municipal Solicitor Chief Administrative Officer Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net Attachment: Attachment 1 — Proposed Orono Business improvement Area By-law 13-15 Clerk's Department If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-6233375 ext. 2102. To: Mayor Foster and Members of Council From: Anne Greentree, Municipal Clerk Date: February 26, 2016 Subject: Council Meeting Agenda — February 29, 2016 — Update File: C05.Councii There are no changes to the Council Agenda as published and distributed on February 25, 2016. unicipal Clerk CAGIcf c: F. Wu, Chief Administrative Officer Department Heads