HomeMy WebLinkAbout02/29/2016 ciffbooll
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Council
Agenda
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Date: February 29, 2016 I
Time: 7:00 PM
Place: Council Chambers, 2nd Floor
Municipal Administrative Centre
40 Temperance Street '
Bowmanville, Ontario
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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
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the recording on the Municipality's website. In addition, please be advised that some of j
the Council meetings may be video recorded. r
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Copies of Reports are available at www.clarington.net
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Council Agenda
Date: February 29, 2016
Time: 7:00 PM
Place: Council Chambers
1 Call to Order
2 Moment of Reflection
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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
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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)
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uadwm Council Agenda
Date: February 29, 2016
Time: 7:00 PM
Place: Council Chambers
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10 Committee Reports
10.1 Advisory Committee Reports
10.1.1 Minutes of the Clarington Heritage Committee dated February 17, 2016 10-1
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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
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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)
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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)
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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
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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
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1 Call to Order
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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
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There were no Presentations scheduled for this meeting.
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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.
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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.
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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.
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February 8, 2016
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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;
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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.
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February 8, 2016
9.2 Libby Racansky— Nash Road Developments and the Greenbelt
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Resolution #C-032-16
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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
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be received for information. r
Carried
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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.
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Council
ClafingtOfi Minutes
February 8, 2016
Resolution #C-037-16
Moved by Councillor Cooke, seconded by Councillor Neal
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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
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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
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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;
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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
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candidate are displayed;
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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:
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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;
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Clarington February 8, 2016
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That the $20,000 financial contribution be referred to the 2016 municipal budget
process;
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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;
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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
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Councillor Cooke V
Councillor Hooper V
Councillor Neal V
Councillor Partner V
Councillor Traill V
Mayor Foster V
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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
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Arnot Wotten;
Now therefore be it resolved that the Naming of Municipal Buildings/Facilities Policy be
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waived;
That the Fire Station #5 be renamed to the "Arnot Wotten Fire Station #5"; and
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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
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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
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Resolution #C-044-16
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Moved by Councillor Neal, seconded by Councillor Cooke
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That the foregoing Resolution #C-043-16 be amended to add:
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"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
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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
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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 -
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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
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- 15 -
5-15
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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
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Mayor Municipal Clerk
i
f
I;
C
r
I
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Y
- 17 -
5-17
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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.
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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
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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.
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Unfinished Business 13.1
Cladfisqonj
Legal Services
Report
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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
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Date of Meeting: January 25, 2016
Report Number: LGL-001-16 � 1
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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,
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(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.
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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
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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.
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4. Concurrence
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4.1 This report has been reviewed by the Director of Finance who concurs with the
recommendations.
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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.
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Municipality of Clarington
Report LGL-008-15 Page 4
6. Strategic Plan Application - not applicable
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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
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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
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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
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"Municipality" means The Corporation of the Municipality of Clarington.
2. In this by-law, unless otherwise specified,
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(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;
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(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.
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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
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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.
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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.
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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,
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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.
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35. If required, the Board shall adopt and maintain a policy respecting "its sale and
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other disposition of land" and "its hiring of employees" in accordance with
subsection 270(2) of the Municipal Act, 2001.
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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.
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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
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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.
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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.
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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
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Legend
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ParGels_wdhtrn_Oronc► ENS A. CENTREVIEW STREET
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Orono B'IA T
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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).
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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
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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