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HomeMy WebLinkAbout10/11/2016 FinalFinal Council Agenda Date: Tuesday, October 11, 2016 Time: 7:00 PM Place: Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario 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 cfleming@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 public by publishing the recording on the Municipality’s website. In addition, please be advised that some of the Council meetings may be video recorded. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net Council Agenda Date: October 11, 2016 Time: 7:00 PM Place: Council Chambers Page 2 1 Call to Order 2 Moment of Reflection 3 Declaration of Interest 4 Announcements 5 Adoption of Minutes of Previous Meeting(s) 5.1 Council Minutes Minutes of a regular meeting of Council September 19, 2016 Page 5 6 Presentations There are no Presentations scheduled for this meeting. 7 Delegations There are no Delegations scheduled for this meeting. 8 Communications – Receive for Information There are no Communications to be received for information. 9 Communications – Direction There are no Communications for direction. 10 Committee Reports 10.1 Advisory Committee Reports 10.1.1 SWNA Minutes Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated September 13, 2016 Page 15 Council Agenda Date: October 11, 2016 Time: 7:00 PM Place: Council Chambers Page 3 10.2 General Government Committee General Government Committee Report of September 26, 2016 Page 19 10.3 Planning & Development Committee Planning and Development Committee Report of October 3, 2016 Page 25 11 Staff Reports 11.1 LGL-006-16 Clarington Museum and Archives Board Page 27 11.2 Verbal Report Wilmot Creek OMB Appeal 12 Business Arising from Procedural Notice of Motion 13 Unfinished Business 13.1 CLD-024-16 Appointment to the Clarington Museum and Archives Board (Tabled at the September 19, 2016 Council Meeting) (Confidential Attachment distributed under separate cover) Page 106 14 By-laws 14.1 2016-077 Being a By-law to authorize the appointment of ADR Chambers Mediators and Arbitrators as the Ombudsman for the Municipality of Clarington (Municipal Ombudsman) (Item 8 of the General Government Committee Report) 14.2 2016-078 Being a By-law to close and authorize the transfer part of the original road allowance Victoria Street, Plan Grant, Bowmanville, between Duke Street and Ontario Street, being Part 1 on 40R-29342, Municipality of Clarington (Item 10 of the General Government Committee Report) Council Agenda Date: October 11, 2016 Time: 7:00 PM Place: Council Chambers Page 4 14.3 2016-079 Being a by-law to amend by-law 74-38, being a by-law to authorize participation in the Ontario Municipal Employee Retirement System (OMERS) (Item 14 of the General Government Committee Report) 14.4 2016-080 Being a by-law to delegate the approval of Site Plan Applications for agricultural and residential buildings and structures to the Manager of Development Approvals (Item 6 of the Planning & Development Committee Report) 14.5 2016-081 Being a by-law to amend Clarington Museum and Archives Board By-law 2012-093 (Staff Report 11.1) 15 Procedural Notices of Motion 15.1 Amendment to the Procedural By-law to Permit Recorded Votes at Committee/Local Board Meetings Page 109 16 Other Business 17 Confirming By-Law 18 Adjournment Council Minutes September 19, 2016 - 1 - Minutes of a regular meeting of Council held on September 19, 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: C. Clifford, A. Allison, T. Cannella, J. Caruana, D. Crome, F. Horvath, M. Marano, N. Taylor, G. Weir, A. Greentree, C. Fleming 1 Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2 Moment of Reflection Councillor Cooke led the meeting in a moment of reflection. 3 Declaration of Interest There were no declarations of interest stated at this meeting. 4 Announcements Members of Council announced upcoming community events and matters of community interest. 5 Adoption of Minutes of Previous Meeting Resolution #C-217-16 Moved by Councillor Traill, seconded by Councillor Partner That the minutes of a regular meeting of Council July 4 - 6, 2016, be approved. Carried 6 Presentations Spencer Holder – Certificate of Recognition for CHAMP Program Mayor Foster presented a Certificate of Recognition to Spencer Holder in recognition of his volunteer efforts with the War Amps Child Amputee (CHAMP) Program in spreading the word of safety, perseverance and positivity to the community. 7 Delegations There were no delegations scheduled for this meeting. 5 Council Minutes September 19, 2016 - 2 - 8 Communications – Receive for information There were no Communications to be received for information. 9 Communications – Direction Flag Raising - Sawyer Arnold, Transgender Relations Director, PFLAG Durham Region Resolution #C-218-16 Moved by Councillor Partner, seconded by Councillor Traill That the request from Sawyer Arnold, Transgender Relations Director, PFLAG Durham Region to fly the Trans Flag from November 1 to 30, 2016, be approved. Carried 10 Committee Reports Advisory Committee Reports 10.1.1 Minutes of the Agricultural Advisory Committee of Clarington dated July 14, and August 25, 2016 Resolution #C-219-16 Moved by Councillor Partner, seconded by Councillor Hooper That the Minutes of the Agricultural Advisory Committee of Clarington dated July 14, and August 25, 2016, be received for information. Carried 10.1.2 Minutes of the Clarington Museum and Archives Board dated August 23, 2016 Resolution #C-220-16 Moved by Councillor Cooke, seconded by Councillor Woo That the Clarington Museum and Archives Board dated August 23, 2016, be received for information. Carried 6 Council Minutes September 19, 2016 - 3 - General Government Committee Report of June 20, 2016 Resolution #C-221-16 Moved by Councillor Neal, seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of September 6, 2016 be approved, on consent, with the exception of items #3, #4, #10, and #14. Carried Item 4 - Minutes of the Clarington Museums and Archives Board dated July 5, 2016 and July 27, 2016 Resolution #C-222-16 Moved by Councillor Cooke, seconded by Councillor Traill That the minutes of the Clarington Museums and Archives Board, dated July 5, 2016 and July 27, 2016, be received for information; That the Clarington Museums and Archives Board members and staff be directed to provide access to financial records up until August 31, 2016; and That Staff report back to the Council meeting of September 19, 2016 regarding possible options of dealing with the Clarington Museums and Archives Board: • Dissolution; • Takeover by the Municipality of Clarington; and • Any other recommendations by Staff, including opening the financial records to the internal auditor. Carried as amended (See following motion) Resolution #C-223-16 Moved by Councillor Neal, seconded by Councillor Traill That Part 3 of the foregoing Resolution #C-222-16 be amended to read as follows: 7 Council Minutes September 19, 2016 - 4 - “That Staff report back to Council regarding possible options of dealing with the Clarington Museums and Archives Board, including: •Dissolution; •Takeover by the Municipality of Clarington; •Any other recommendations by Staff; and That t he Financial records be opened to the internal auditor.”Carried The foregoing Resolution #C-222-16 was then put to a vote and carried as amended. Item 10 - Job Description and Appointment of Interim Chief Administrative Officer Resolution #C-224-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report CLD-026-16 be received; That the amending By-law, attached to Report CLD-026-16 as Attachment 1, being a bylaw to establish the position and to define the duties and responsibilities of the Chief Administrative Officer, be approved; That the By-law, attached to Report CLD-026-16 as Attachment 2, being a by-law to appoint Mr. Curry Clifford as the Interim Chief Administrative Officer, be approved; and That all interested parties listed in Report CLD-026-16 and any delegations be advised of Council's decision by the Department. Carried Item 3 - Janet Lange, Janet Lange Art and Design, Regarding the Chalk It Up Festival Resolution #C-225-16 Moved by Councillor Partner, seconded by Councillor Woo That the delegation of Janet Lange, Janet Lange Art and Design, regarding the Chalk It Up Festival, be received with thanks. Carried 8 Council Minutes September 19, 2016 - 5 - Item 14 - Monarch Butterfly Pledge Program Resolution #C-226-16 Moved by Councillor Partner, seconded by Councillor Traill That Council recess for five minutes. Carried The meeting reconvened at 7:42 PM Resolution #C-227-16 Moved by Councillor Traill, seconded by Councillor Woo That the Mayor make the Monarch Butterfly pledge on behalf of the Municipality of Clarington; and That the matter be referred to the SWNA Committee as requested by Councillor Traill for implementation of the pledge. Carried Planning & Development Committee Report of September 12, 2016 Resolution #C-228-16 Moved by Councillor Woo, seconded by Councillor Traill That the recommendations contained in the Planning & Development Committee Report of September 12, 2016 be approved, on consent, with the exception of items #2, and #3. Carried Item 2 - Public Meeting Draft Official Plan Amendment No. 107 Clarington Official Plan Review Resolution #C-229-16 Moved by Councillor Neal, seconded by Councillor Traill That Report PSD-054-16 be received; That the draft Official Plan Amendment No. 107 continue to be reviewed by staff in consideration of the public comments provided at the public meeting and the written submissions; 9 Council Minutes September 19, 2016 - 6 - That all interested parties listed in Report PSD-054-16 and any delegations, be advised of the Planning and Development Committee meeting on October 24, 2016 to consider the recommended Official Plan Amendment No. 107 to implement the Clarington Official Plan Review; and That Staff report back at the next Planning & Development Committee meeting on what alternatives are available for the order of development and what the ramifications are of changing it. Lost on the following recorded vote: Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill √ Councillor Woo √ Councillor Cooke √ Councillor Hooper √ Councillor Neal √ Councillor Partner √ Mayor Foster √ Resolution #C-230-16 Moved by Councillor Woo, seconded by Councillor Traill That Report PSD-054-16 be received; That the draft Official Plan Amendment No. 107 continue to be reviewed by staff in consideration of the public comments provided at the public meeting and the written submissions; That all interested parties listed in Report PSD-054-16 and any delegations, be advised of the Planning and Development Committee meeting on October 24, 2016 to consider the recommended Official Plan Amendment No. 107 to implement the Clarington Official Plan Review; and That staff prepare a memo outlining the questions raised by Members of Council during their scheduled meeting with planning staff and circulated to all members of Council. Motion Withdrawn Resolution #C-231-16 Moved by Councillor Cooke, seconded by Councillor Traill That Council recess for five minutes. Carried The meeting reconvened at 8:37 PM. 10 Council Minutes September 19, 2016 - 7 - Resolution #C-232-16 Moved by Councillor Cooke, seconded by Councillor Hooper That Report PSD-054-16 be received; That the draft Official Plan Amendment No. 107 continue to be reviewed by staff in consideration of the public comments provided at the public meeting and the written submissions; That all interested parties listed in Report PSD-054-16 and any delegations, be advised of the Planning and Development Committee meeting on October 24, 2016 to consider the recommended Official Plan Amendment No. 107 to implement the Clarington Official Plan Review; and That a Special Planning and Development Committee information workshop be held on Tuesday, October 4, 2016, from 9:00 AM to 11:00 AM; and that no delegations be heard. Carried Item 3 - Tree Protection and Planning Applications in Urban Areas Resolution #C-233-16 Moved by Councillor Neal, seconded by Councillor Cooke That Report PSD-055-16 be received for information; and That all interested parties listed in Report PSD-055-16 and any delegations be advised of Council’s decision. Carried as amended (See following motion) Resolution #C-234-16 Moved by Councillor Neal, seconded by Councillor Partner That the foregoing Resolution #C-233-16 be amended to add “That staff be directed to prepare a draft by-law for consideration along with the Urban Forestry Strategy, when it comes forward.” Carried The foregoing Resolution #C-233-16 was then put to a vote and carried as amended. 11 Staff Reports 11 Council Minutes September 19, 2016 - 8 - 12 Business Arising from Procedural Notice of Motion There was no Business Arising from Procedural Notice of Motion considered under this Section of the Agenda. 13 Unfinished Business CLD-024-16 - Appointment to the Clarington Museum and Archives Board Resolution #C-235-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report CLD-024-16 be lifted from the table. Carried Resolution #C-236-16 Moved by Councillor Cooke, seconded by Councillor Woo That Report CLD-024-16 be tabled pending consideration of the staff report on options of dealing with the Clarington Museums and Archives Board. Carried 14 By-laws Resolution #C-237-16 Moved by Councillor Hooper, seconded by Councillor Neal That leave be granted to introduce By-laws 2016-070 to 2016-075 14.1 2016-070 Being a By-law to exempt a certain portion of Registered Plan 40M-2560 (Blocks 158, 159, 160, 161 and 162) from Part Lot Control 14.2 2016-071 Being a By-law to exempt a certain portion of Registered Plan (Bocks 156, 157, 163 and 164) from Part Lot Control 14.3 2016-072 Being a by-law to provide for the Tariff of Rates for 2015 to 2018, maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington (Item 9 of the General Government Committee Report) 14.4 2016-073 Being a By-law to define and determine the duties and responsibilities of the Chief Administrative Officer (Item 10 of the General Government Committee Report) 12 Council Minutes September 19, 2016 - 9 - 14.5 2016-074 Being a By-law to appoint Mr. Curry Clifford as the Interim Chief Administrative Officer (Item 10 of the General Government Committee Report) 14.6 2016-075 Being a By-law to amend By-law 2015-029, a by-law to govern the proceedings of the Council of the municipality of Clarington, its General Government Committee, its Planning and Development Committee, and Special Committees (Item 13 of the General Government Committee Report); 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 Councillor Neal questioned the impact of the Ontario Municipal Board decision with respect to the Richmond Hill appeal regarding parkland dedication. The Solicitor advised the OMB decision would not impact the Municipality of Clarington. Councillor Neal stated on record that he did not support the resolution regarding the Appeal to the Ontario Municipal Board of a Decision of the Committee of Adjustment of November 5, 2015, with respect to the construction of a pool house, as the applicant should have followed the proper planning process. 17 Confirming By-law Resolution #C-238-16 Moved by Councillor Hooper, seconded by Councillor Neal That leave be granted to introduce By-law 2016-076, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 19th day of September, 2016; and That the said by-law be approved. Carried 13 Council Minutes September 19, 2016 - 10 - 18 Adjournment Resolution #C-239-16 Moved by Councillor Partner, seconded by Councillor Cooke That the meeting adjourn at 9:03 PM. Carried _____________________ __________________ Mayor Municipal Clerk 14 Draft minutes – Not yet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD TUESDAY SEPTEMBER 13, 2016 7:00 PM Present: Suzanne Land Leo Blindenbach Jim Cleland Brian Reid Melanie McArthur Councillor Corinna Traill Dyan Amirault Regrets: Kate Potter Patrick Bothwell Paul Davidson James Hodge 1. AGENDA MOVED: by Suzanne Land SECONDED by Leo Blindenbach THAT : the agenda for September 13, 2016 be accepted CARRIED 2. MINUTES OF PREVIOUS MEETING Approval of Minutes MOVED: by Melanie McArthur SECONDED by Leo Blindenbach THAT : the minutes of June 14, 2016 be approved. CARRIED 15 SWNA September 2016 Minutes 2 3. ITEMS/UPDATES Highway of Hero’s Tribute Planting The intent of the program is to plant 117,000 trees in the next 4 years along the Highway of Heroes – one tree for each of Canada’s war dead since Confederation. The SWNA falls within the 1km corridor and would be eligible for trees as part of the program. A meeting was held for stakeholders to learn more about the program and Leo Blindenbach represented the SWNA committee at the meeting. The HOH Tribute planting program will provide native trees of various sizes and recruit volunteers for planting projects. The HOH program is encouraging communities to plant on and around Remembrance Day. The committee decided that Saturday November 5 would be the best day and the number of trees would depend on the plant size and the number of volunteers available. P. Windolf will follow up with the HOH Program director to confirm the date and number of trees. 2016 Trail Construction Project At a previous meeting Peter Windolf presented the plans showing the proposed trail alignment and bridge crossing location for the new woodland trail that will connect the Waterfront Trail to the existing trail along the north side of the sewage treatment plant. The project has been awarded to R&M Construction a company who has undertaken several projects for the Municipality in the past. The deadline for completion is June 15, 2017. A construction schedule has not been received yet however they intend to do the clearing and grading through the fall and winter and the creek bank stabilization and bridge installation in the spring. The construction of a new trunk sewer along Toronto Street has started and is expected to be completed by Jan 2017. This work required a re-routing of the Waterfront Trail east of the SWNA but will not impact the trail at the SWNA until later in the project. The trail at Toronto Street may need to be closed for a brief duration (2 or 3 days) in December when a new sewer pipe is installed immediately adjacent to the trail. Clarke High School Community Outreach projects The parent council at Clarke High School is interested in increasing the visibility and promoting a positive image of the school. Catherine Bothwell a member of the parent council contacted the municipality with an offer help with community projects. The SWNA Committee considered the offer at the June 2016 meeting and suggested several potential projects. The projects the committee would like to pursue further with the school are; 16 SWNA September 2016 Minutes 3 - designing and painting SWNA garage containers - building bird houses -creating tree identification labels Following the June meeting P. Windolf contacted Catherine Bothwell who confirmed with the Construction teacher that they are willing to build bird boxes and tree identification labels if they are provided the design. She will follow up with the art teacher this fall to see if they are interested in painting garbage containers. Bill Bickle Wildlife Photography presentation The event is scheduled for Sunday November 6 at the Newcastle and District Recreation Complex. Brian Reid will check the meeting room to ensure the equipment in the meeting room is adequate for the event. By-Law and Fishing Issues The By-law Enforcement Division was informed that cars were parking on some trails at the SWNA and that illegal overnight camping was occurring. By-Law confirmed they will have their officers monitor the area for infractions. Illegal netting of fish at the mouth of the creek was also observed by some SWNA users. This concern was passed on to the MNR Conservation Officer and the GRCA. Great Canadian Shoreline Clean-up recap Jenni McNish a Hampton resident registered and organized a clean-up at the SWNA. This is a Canada wide event that encourages citizens to clean up the shorelines of lakes and rivers around the country. A small but enthusiastic group of volunteers participated on September 9. Operations Department provided the bags and gloves for the clean-up. As per the GCS Clean-up protocol a detailed inventory of the litter was taken, which Leo Blindenbach conveyed to the committee. Newcastle Fall Festival Brian Reid reminded members that the Newcastle Fall Festival is scheduled for Saturday October 1. The SWNA will have a tent and a booth to hand out promotional material for the SWNA. The committee discussed ways of bringing more traffic to the SWNA booth. Suzanne Land will follow up with Jackie’s Critters to see if they are interested in bringing some of the critters to the event. 17 SWNA September 2016 Minutes 4 Fall Clean-up and Bird House Cleaning At the end of each fishing season the committee organizes a site clean-up. It is scheduled for Saturday October 29 at 9:00AM at the Toronto Street Parking lot. The anglers group who have participated in the past will also be invited to attend. In conjunction with the clean-up the bird houses will be cleaned out. Rather that removing, cleaning and storing the bird boxes they will be cleaned on -site and left in place over the winter. 4. OTHER BUSINESS Councillor Trail relayed a resident concern about vehicles driving on the Lake Meadow Trail from the Cobbledick Parking lot. Apparently a van drove down the trail and almost struck the resident. There is usually a large rock that blocks the trail from vehicular access but it may have been moved. Operations Department has been asked to investigate and re-instate the barrier. 5. MOTION TO ADJOURN MOVED: by Melanie McArthur SECONDED by Suzanne Land THAT: the meeting be adjourned. CARRIED Adjournment 8:15 PM Next Meeting: Tuesday October 11, 7:00PM Notes prepared by: P.Windolf 18 General Government Committee Report to Council Page 1 Report to Council Meeting of October 11, 2016 Subject: General Government Committee Meeting of Monday, September 26, 2016 Recommendations: 1.Receive for Information (a) 9.1 Mary Masse, Clerk, Town of Lakeshore – Debt Incurred from the 2015 Pan Am and Parapan Am Games (b) OPD-008-16 Emerald Ash Borer (EAB) Update (c) FND-013-16 Financial Update as at June 30, 2016 2.Garth Gilpin, Secretary-Treasurer, Bowmanville Business Improvement Area Board of Management – Purchase of Lamp Post Banners and the Installation and Removal of Lighted Winter Snowflakes That Communication Item 9.1, the request from the Bowmanville Business Improvement Area Board of Management to be issued $5000 of funds held in trust for the Bowmanville BIA for the purchase of lamp post banners and the installation and removal of the lighted winter snowflakes, be approved. 3.Deborah Allin Regarding a Request for a Lease Extension Until October 31, 2018 That the request for a lease extension for 25 Bennett Road, Bowmanville until October 31, 2017, be denied; and That Staff be directed to notify Deborah Allin of Council’s decision. 4.Derrick McKay, President and Founder, Overdrive Race & Relay Series –Request for Permission to Fly a CC-130 Hercules Over Canadian Tire Motorsport Park That Correspondence Item 9.4 from Derrick McKay, President and Founder, Overdrive Race & Relay Series regarding a request for permission to fly a CC-130 Hercules over Canadian Tire Motorsport Park on October 30, 2016, be approved. 19 General Government Committee Report to Council For Council Meeting of October 11, 2016 Page 2 5.Debi A. Wilcox, Regional Clerk/Director of Legislative Services, The Regional Municipality of Durham – By-law to Change the Composition of Regional Council That The Regional Municipality of Durham By-law #40-2016, regarding the change of composition of Regional Council, be endorsed by the Municipality of Clarington. 6.Mill Street South Pedestrian Facility That Report EGD-036-16 be received; That a 1.5-metre-wide pedestrian facility be constructed on the west side of Mill Street South, as detailed in this report; That traffic calming measures and road safety improvements be implemented as noted in Section 1.3 of this report; That additional funding in the amount of $320,000 for these improvements be included in the 2017 Capital Budget; That staff budget approximately $5,250 annually for snow clearing on Mill Street South; and That all interested parties listed in Report EGD-036-16 and any delegations be advised of Council’s decision. 7.Poundkeeper Services and Remuneration That Report CLD-022-16 be received; That staff be authorized to seek a third party contractor to provide transport and housing of stray livestock, to replace the traditional process of appointing a Poundkeeper; and That all interested parties be advised of Council’s decision. 20 General Government Committee Report to Council For Council Meeting of October 11, 2016 Page 3 8.Appointment of Municipal Ombudsman Services That Report CLD-029-16 be received; That the proposal received from ADR Chambers Inc., being the municipal ombudsman for the Region of Durham, be awarded the contract by the Purchasing Manager for the provision of Ombudsman Services as detailed for the Municipality of Clarington for a term ending December 31, 2022; That the appointment by-law, being Attachment 3 to Report CLD-029-16, appointing ADR Chambers as Clarington's Ombudsman, and detailing the powers, duties and services of ADR Chambers Inc., be approved; and That the Mayor and Clerk be authorized to execute the necessary agreement; That all interested parties listed in Report CLD-029-16 and any delegations be advised of Council's decision. 9.Bond Head Waterfront Park That Report COD-020-16 be received; That M&S Architectural Concrete Limited with a total bid amount of $436,138.99 (net H.S.T. Rebate), being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2016-20 be awarded the contract for the Bond Head Waterfront Park project as required by the Engineering Services Department; That the funds required for this project in the amount of $499,846.00 (net HST Rebate) which include the construction cost of $436,138.99 (net HST Rebate) including other related costs such as survey, design, contract administration, utilities relocations, materials testing and contingencies of $63,707.01 (net HST Rebate) be drawn from the following accounts: Bond Head Waterfront Park 110-32-325-83440-7401 $499,846.00 That all interested parties listed in Report COD-020-16 and any delegations be advised of Council’s decision by the Purchasing Division. 21 General Government Committee Report to Council For Council Meeting of October 11, 2016 Page 4 10.Kawartha Pine Ridge District School Board – Ontario Street School Victoria St. (unopened road allowance) That Report LGL-004-16 be received; That Council pass the by-law attached to Report LGL-004-16 (Attachment 6) in order to close the unopened portion of Victoria Street described as Part 1 on 40R-29342; That Part 1 on 40R-29342 be conveyed to the Kawartha Pine Ridge District School Board for nominal consideration subject to the conditions set out in this Report; and That the Kawartha Pine Ridge District School Board be advised of the Municipality’s decision. 11.Port Granby Confidentiality Agreement That Report LGL-005-16 be received; and That Council authorize the Mayor and the Clerk to sign the Confidentiality Agreement attached to Report LGL-005-16 (Attachment 1). 12.Outdoor Community Skating Rinks That Report OPD-009-16 be received; That staff of the Operations Department be requested to formalize an outdoor community skating rink standard operating procedure prior to this winter that will outline the application and approval process for volunteers, staff responsibilities, volunteer responsibilities, equipment to be supplied by the municipality and guidelines affecting liability and usage; and That staff include, in the 2017 current budget submission, an allocation of $1,500.00 for the set-up of one volunteer based community skating rink. 13.Approval of Regional Municipality of Durham Owned Property Located at 1998 Regional Road 57, in the Municipality of Clarington, as the Preferred Site to Establish a Municipal Hazardous and Special Waste Facility WHEREAS the Municipality of Clarington’s highest priority is that the municipal household hazardous waste facility be sited in an appropriate area; 22 General Government Committee Report to Council For Council Meeting of October 11, 2016 Page 5 WHEREAS the Municipality of Clarington supports a waste management strategy that emphasizes reusing, reducing and recycling to minimize adverse impacts to the environment; WHEREAS Clarington is underserviced by the Region’s existing waste management facilities to support waste diversion; WHEREAS, in the view of the Municipality of Clarington, the proposed site is deficient for a variety of reasons; WHEREAS the Municipality of Clarington continues to believe that other sites and options in Clarington are available; NOW THEREFORE BE IT RESOLVED THAT Report OPD-010-16 be received; That the Municipality requests that the Region fulfill the following: •The Municipal Site Plan process for development of the MHSW site and any future amendments by adherence to the policies and urban design standards including interior storage of materials for the MHSW; •The preparation of, maintenance and adherence to an Emergency Management Plan, approved by Clarington Emergency and Fire Services prior to commencement of site operations; AND, should traffic matters relating to operations become an issue, that site traffic management be revisited with Clarington Engineering Services; AND that the time limit for the establishment of the MHSW site in the Host Community Agreement be extended to October 1, 2017; and That all interested parties be notified of Council’s decision. 14.By-law to Finalize the Fire Management Change in OMERS That Report COD-019-16 be received; That a by-law (Attachment #2 to Report COD-019-16) be approved to finalize the process of the OMERS conversion for Fire Management as approved through report COD-012-16 based on OMERS requirement, that a specific by-law is required; and That all interested parties listed in Report COD-019-16 and any delegations be advised of Council’s decision. 23 General Government Committee Report to Council For Council Meeting of October 11, 2016 Page 6 15.Flag Raising Whereas Policy F105 provides for the raising of flag in the courtyard at the Municipal administrative Centre; And Whereas the policy, approved by Council, clearly states which flags shall not be approved; And Whereas the policy clearly states which flags may be approved by Council; And where as the approval for Proclamations was recently delegated to the Mayor for approval and action based on the criteria detailed in Policy F9 as approved by Council; And whereas requests are for flag raising and proclamations are often combined in a single request; And whereas scheduling of flag raising requests occasionally overlap; Now therefore be it resolved that: 1.Section 2 b) of Policy F105 be amended to delegate the authority of approval to the Mayor based on the criteria detailed in Section 2b); and 2.That Policy F105 be amended to provide the Mayor the discretion to limit the timeframe that a flag may be displayed to accommodate possible request. 16.Financial Impacts of Residential Developments Related to the Draft Official Plan That Staff be directed to report to Council, prior to the October 24, 2016 Planning and Development Committee meeting, on the financial impacts, both positive and negative, of coterminous development taking place in the residential areas identified in the Draft Official Plan. 24 Planning & Development Committee Report to Council Page 1 Report to Council Meeting of October 11, 2016 Subject: Planning & Development Committee Meeting of Monday, October 3, 2016 Recommendations: 1.Receive for Information (a) 10.1 Minutes of St. Marys Cement Community Relations Committee dated June 7, 2016 2.Peter Thorne Regarding a Request to Waive the 5% Cash-In-Lieu of Parkland for a Consent Application That the Municipality of Clarington pay a portion for the surveying cost for the proposed trail and the creation of a new lot at 210 King Street West, Newcastle, to a maximum of $2000.00, including HST. 3.Lisa Lyons, Town Clerk, The Corporation of the Town of Aurora – Ontario Municipal Board (OMB) Reform Update That the following Corporation of the Town of Aurora resolution, regarding the Ontario Municipal Board (OMB) Reform Update, be endorsed by the Municipality of Clarington: 1. That Report No. CS16-020, and the attached Municipal Summit OMB Reform: Process & Powers Recommendations, be received; and 2. That Council endorse the recommendation contained in Attachment 1 to Report No. CS16-020, being: a) That the jurisdiction of the Ontario Municipal Board (OMB) be limited to questions of law or process and, specifically, when considering appeals, that the OMB be required to uphold any planning decision(s) of municipal councils unless said decision(s) is contrary to the processes and rules set out in legislation; and 25 Planning & Development Committee Report to Council For Council Meeting of October 11, 2016 Page 2 3. That a copy of the recommendation be sent to the Honourable Kathleen Wynne, Premier of Ontario, the Honourable Bill Mauro, Minister of Municipal Affairs, Mr. Patrick Brown, Leader of the Progressive Conservative Party, Ms. Andrea Horwath, Leader of the New Democratic Party, and all Members of Provincial Parliament in the Province of Ontario; and 4. That a copy of the recommendation be sent to the Association of Municipalities of Ontario (AMO), all Ontario municipalities, and the York Regional Chair for their consideration. 4.Applications by 2399263 Ontario Limited (Matanda Homes) for a 21-unit Draft Plan of Subdivision in Courtice That Report PSD-056-16 be received; That the proposed applications for Clarington Official Plan Amendment (COPA2016-0002), Zoning By-law Amendment (ZBA2016-0013) and proposed Draft Plan of Subdivision (S-C-2016-0002) submitted by 2399263 Ontario Limited (Matanda Homes) continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD-056-16 and any delegations be advised of Council’s decision. 5.Implementation of the Courtice Main Street Secondary Plan – Draft Zoning By-law That Report PSD-057-16 be received; That Staff consider the comments received at the Public Meeting in the further processing of the Zoning By-law Amendment to implement the Courtice Main Street Secondary Plan; and That all interested parties listed in Report PSD-057-16 and any delegations be advised of Council’s decision. 6.Delegation of Site Plan Approval Authority for Applications in the Oak Ridges Moraine to the Manager of Development Review and Other Administrative Improvements That Report PSD-058-16 be received; and That the amendment to Site Plan Control By-law 2010-139 contained in Attachment 1 to PSD-058-16, be approved. 26 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: Council Date of Meeting: October 11, 2016 Report Number: LGL-006-16 File Number: Department File #L2030-06-17 By-law Number: Report Subject: Clarington Museum and Archives Board Recommendations: 1.1 That Report LGL-006-16 be received; 1.2 That Council pass the by-law attached to this Report (Attachment 6) to amend the current Clarington Museum and Archives Board By-law No. 2012-093; 1.3 That staff be directed to explore the possibility of the Museum Board amalgamating with the Library Board; and 1.4 That the Clarington Museum and Archives Board Members and the Clarington Library Board be advised of Council’s decision. 27 Municipality of Clarington Page 2 Report LGL-006-16 Report Overview This Report provides Council with options regarding possible governance and operational changes to the Clarington Museum and Archives Board. 2. Background 2.1 The following resolution (#C-222-16 as amended by #C-223-16) was passed by Council at its meeting on September 19, 2016: That the minutes of the Clarington Museums and Archives Board, dated July 5, 2016 and July 27, 2016, be received for information; That the Clarington Museums and Archives Board members and staff be directed to provide access to financial records up until August 31, 2016; That Staff report back to Council regarding possible options of dealing with the Clarington Museums and Archives Board including, • dissolution; • takeover by the Municipality of Clarington; • any other recommendations by Staff; and That the Financial records be opened to the internal auditor. 2.2 The Clarington Museums and Archives Board (the “Board”) is a municipal service board that has been set up to control and manage museum and archive services and activities in Clarington. It is a local board established under what is now section 196 of the Municipal Act, 2001. 2.3 The Board in its current form was established in 2002 following a comprehensive review undertaken by the Community Services Department of the cultural services that were being offered by the Bowmanville Museum, Clarke Museum and Archives, and the Visual Arts Centre of Clarington. Council established the “Clarington Museum Transitional Board” to facilitate the merger of the Bowmanville Museum Board and the Clarke Museum and Archives Board. The transition board ultimately became what is now the Clarington Museum and Archives Board. Report CSD-07-02 dated March 25, 2002 (Attachment No.1) and an Addendum to that Report dated April 29, 2002 (Attachment No. 2) provide additional background to the merger. 28 Municipality of Clarington Report LGL-006-16 Page 3 2.4 In 2007, the Corporate Services Department undertook a review of the Board. Report COD-02-07 dated January 22, 2007 (Attachment No. 3) and an Addendum to that Report dated June 8, 2007 (Attachment No. 4) presented Council with the option of either continuing to have the Board operate as a Board of Management or be converted into an advisory board that operated as part of the Municipality’s overall corporate organizational structure. Council opted to keep the current Board structure with some changes to its governing by-law. 2.5 In December 2012, the then Executive Director of the Board appeared as a delegation to Council and asked for an endorsement of a new governing by- law. Council received the delegation and approved By-law No. 2012-093 through resolution #C-374-12. The current powers and duties of the Board are set out in this by-law (Attachment No. 5). 2.6 The resolution passed by Council on September 19, 2016 essentially requests that Municipal staff provide an analysis of the museum’s governance and operations, and provide Council with advice regarding possible changes to both in order to improve service delivery. 2.7 Even though Council’s resolution is broad enough to suggest that all alternative service delivery methods should be evaluated, this Report will only consider direct (i.e. in-house) delivery of museum and archive services and delivery through a municipal service board. It will focus on governance and operational issues impacting both. Other possibilities including an independent not-for-profit corporation (similar to the Visual Arts Centre) have not been considered. 2.8 This Report does not address Council’s request for access to the Board’s financial records up until August 31, 2016 because, at the time of writing of this Report, those records have not yet been reviewed. The Finance Department will report separately to Council when such review has been completed. 2.9 Given Council’s requested turn-around time for this Report, no formal input has been sought from the current Board or from any other stakeholders. 2.10 Nothing in this Report is intended to influence or in any way impact the Board’s statutory requirements under the Labour Relations Act, 1995 in relation to the recently certified union. 3. Discussion 3.1 As noted above, Council has reviewed the manner in which museum and archive services are delivered to Clarington residents on several occasions. As with all 29 Municipality of Clarington Report LGL-006-16 Page 4 such reviews, the object is to determine the most appropriate way to deliver the service. 3.2 The starting point for any current review of museum services in Ontario should be the Ministry of Tourism, Culture and Sport’s “Standards for Community Museums in Ontario” (the “Standards”). The Standards represent the Ministry’s view of minimum requirements for the operation of a good community museum. 3.3 The principal goal of the Standards is to provide museums with a guide to good practices, but they are also referenced in Ontario Regulation 877 which governs the allocation of operating grants to Ontario's community museums. Eligibility for a provincial Community Museum Operating Grant (“CMOG”) is contingent on museums meeting the requirements in the Regulation as well as the Standards. Governance 3.4 The Standards provide that “a community museum must be … governed by a publicly accountable body” with “a written mandate, which may take the form of a constitution with by-laws, an act, a municipal charter, etc. … that establishes its legal, non-profit status and purpose, and its objectives.” 3.5 The Standards further provide that "[t]he governing body of a museum may be an elected or appointed Board of Trustees or Directors, or a Management or Advisory Board or Committee of municipal officials. Whatever its formation, it is the legal entity that is accountable to the public and to the museum community for the policy, financing and administration of the museum." The governing body must be “solely responsible for the operation of the museum” and it “cannot have a mandate that includes other municipal entities (e.g. libraries, tourist offices, or recreation centres)”. 3.6 Given that the Province has provided the Board with CMOGs in 9 of the past 10 years, it is clear that the Ministry is satisfied that the Board meets the Standards. The museum has received an annual CMOG of $25,161 every year since 2006 with the exception of 2012 when it received nothing due to non-compliance with the Standards’ policy requirements. Options 3.7 Having regard to the Standards, the following governance options should be considered by Council: (a) in-house delivery; (b) merger with Library Board; and 30 Municipality of Clarington Report LGL-006-16 Page 5 (c) status quo (maintain the current Board). (a) In-House Delivery 3.8 Bringing museum services in-house to operate under the auspices of a Municipal Department would not be in keeping with the Standards and would therefore jeopardize the Municipality’s ability to obtain a CMOG. However, if the service is overseen by a “committee … that advises council”, CMOG funding would still be available. 3.9 There would be some benefits of bringing the service in-house, most notably better financial controls and more direct links to existing in-house services such as tourism. However, staff do not recommend a structural change that would bring the service in-house. A committee of Council would effectively replicate the existing Board’s structure but without some of its benefits – i.e. involvement of Board members from different parts of the community with specific knowledge and expertise; strong volunteer base; and more expeditious decisions. In the opinion of staff, these losses would outweigh any benefits of moving the service to an in-house committee. 3.10 Given the fact that there is currently no collective agreement for museum employees and there are no similar positions or services within the Municipal structure, the labour relations and financial impacts of bringing them in-house has not been examined. (b) Merger 3.11 A second governance restructuring option that Municipal staff have considered is consolidation of the Board with the Clarington Library Board. It is important to note that this option has only been discussed amongst Municipal staff. Neither the Museum Board nor the Library Board has not been consulted or even made aware of the discussion. 3.12 Libraries, museums and archives are natural partners for collaboration and cooperation because they serve the same community in similar ways. They offer universal access, support for life-long learning that enhances community development, and act as gathering places for social interaction and engagement. 3.13 With respect to both operations and governance, there are many opportunities to create synergies by linking these types of organizations. The internal operations are remarkably similar. Parallels include the following: 31 Municipality of Clarington Report LGL-006-16 Page 6 •Collection development – acquire, store, preserve and offer a wide range of materials for access by the public •Public education - via special programs, unique displays, and individual research assistance •Technology – hardware & software to track collections and provide public access; networks, pcs, wifi, and online resources to offer digital service; resources to create unique digital content •Governance - independently appointed boards that provide governance and oversight while permitting operation at arm’s length from the municipality •Policy – similar policies (e.g. governance, personnel, collections, financial) are enacted to ensure consistency, equity and transparency •Staffing – transparent policies and procedures to meet legislated requirements and operational needs with due consideration given to the framework of collective agreements •Legislation – observe requirements of provincial Acts such as Occupational Health and Safety Act, Accessibility for Ontarians with Disabilities Act, Employment Standards Act, Ontario Human Rights Code and Municipal Freedom of Information and Protection of Privacy Act •Provincial Grant Funding – the Ontario Ministry of Tourism, Culture and Sport offers annual operating grants to both museums and libraries. The Ministry’s qualifying requirements and mandated reports are very similar for both agencies •Key Performance Indicators – collect, collate and analyze a wide variety of statistical data for monitoring and reporting purposes •Financial accountability – bookkeeping software for day to day operations and an annual audit to ensure accuracy and transparency •Multi-branch – accustomed to operate multiple branches distributed across a wide geographic area •Tax Donations – tax donation receipts can be provided 3.14 One of the challenges in terms of this restructuring option is the risk of losing the CMOGs. It may be possible to avoid the loss of grants through a board structure that has cross-appointments to 2 separate but closely related boards. Other municipalities in Ontario have done this in ways that have preserved the provincial grant funding. 3.15 Even if the provincial grant money is lost because of a governance change, the benefits of restructuring may outweigh the loss. 32 Municipality of Clarington Report LGL-006-16 Page 7 3.16 Staff believe that, in the short term, the existing Board structure (i.e. the status quo) can work well, however, the option of merging the Museum Board with the Library Board should be considered as a possible long term solution. (c) Status Quo 3.17 Staff feel that the existing governance structure can be improved. There are two governance changes that should be made to By-Law No. 2012-093. 3.18 First, as a result of recent resignations, there currently are only 7 Board members. In the opinion of staff, this is the appropriate number to have on the Board. The current by-law permits a maximum of 12 members. The reduction from 12 to 7 can be achieved by eliminating the reference to 1 member being a representative of the Friends of the Museum (because it no longer exists) and by reducing the number of members from each ward from 2 to 1. 3.19 Second, By-law No. 2012-093 should contain a provision that a member of Council must sit on any finance committee or executive committee established by the Board. Recent experience with this Board and other municipal service boards suggests that Council members need to be made aware of all financial risks (including those relating to human resource issues) given that the Municipality is ultimately responsible for the finances of municipal service boards. 3.20 The specific language required to effect the changes described in section 3.17 and 3.18 above are set out in sections 1 and 2 of the draft by-law attached to this Report (Attachment No. 6). Operations 3.21 The Board’s operational policies meet the Ministry’s operational Standards (of which there are many). However, that does not mean that operations cannot be improved upon. 3.22 For several years, concerns regarding Museum operations (mostly related to financial record keeping) have been identified. Over the past several months, specific operational concerns have been identified through a review of Board meeting minutes and discussions with current Board members and Board staff. As a result of these concerns, senior Municipal staff (Director of Operations, Director of Corporate Services, Treasurer, Municipal Solicitor and Municipal Clerk) have met with Board members and Board staff, attended Board meetings, reviewed Board policies, and reviewed some of the Board’s financial records. 33 Municipality of Clarington Report LGL-006-16 Page 8 3.23 Staff’s recent review of the Board’s policies concluded that, generally speaking, they are acceptable. They are not as wholesome as those of the Municipality, but they do not need to be. The financial management policies are appropriate. The specific policies dealing with expense and travel reimbursement are clear. In the opinion of Municipal staff, any existing problems are not the result of poor policies – the problem lies in how the policies are being interpreted and applied. The recommended changes to the governing by-law described in sections 3.17 and 3.18 above are, in part, intended to address these issues. 3.24 One operational policy that Council may want to consider amending is in relation to hiring. The current by-law empowers the Board to process and make all hiring decisions. Consideration should be given to having Municipal participation (staff and/or Council) in the process. 3.25 Staff do not recommend any changes to the operational provisions of By-law 2012-093 other than housekeeping amendments to codify the existing practices regarding property maintenance and to clarify that meetings can be closed to the public under specified conditions (sections 3 and 4 of the draft amending by-law). 4.Concurrence 4.1 The Director of Corporate Services, Director of Finance, Director of Operations, Municipal Clerk, Director of Community Services and the Library CEO have reviewed this Report and concur with the recommendations. 5.Conclusion 5.1 For reasons set out in this Report, staff recommend that Council pass by-law attached to this Report (Attachment 6) to amend the current Clarington Museum and Archives Board By-law No. 2012-093 and also recommend that direction be given to further explore the possibility of a merger with the Clarington Library Board. 6. Strategic Plan Application 6.1 The recommendations in this Report reflect and promote Strategic Priority 2 in the Strategic Plan: Demonstrate good governance and value for the tax dollar.” Specifically, they are in keeping with section 2.2 of the Plan which requires staff 34 Municipality of Clarington Report LGL-006-16 Page 9 to “[i]nvestigate putting in place an ongoing evaluation process in which specific services are identified and systematically reviewed to determine the most effective and efficient way to provide them.” Submitted by: Approved by: Andrew C. Allison, B. Comm, LL.B Curry Clifford, MPA, CMO Municipal Solicitor Interim CAO Staff Contact: Andrew C. Allison, 905-623-3379 ext. 2013 or aallison@clarington.net Attachments: Attachment 1 – Report CSD-07-02 dated March 25, 2002 Attachment 2 – Addendum to Report CSD-07-02 dated April 29, 2002 Attachment 3 – Report COD-02-07 dated January 22, 2007 Attachment 4 – Addendum to Report COD-02-07 dated June 8, 2007 Attachment 5 – By-Law No. 2012-093 Attachment 6 – Draft Amending By-Law 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Clar-h"i 'itai_ Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date ofMeeting: June 20, 2016 Report Number: CLD-024-16 Resolution Number: File Number: C12.MU By-law Number: Report Subject: Appointment to the Clarington Museums and Archives Board Recommendations: 1. That Report CLD-024-16 be received; 2. That Grant Taullie Thompson be thanked for his contribution to the Clarington Museums and Archives Board; 3. That the vote be conducted to appoint one citizen representative for a term ending December 31, 2018 or until a successor is appointed, to the Clarington Museums and Archives Board for the Municipality of Clarington, in accordance with the Appointments to Boards and Committees Policy; and 4. That all interested parties listed in Report CLD-024-16 be advised of Council's decision. 106 Municipality of Clarington Report CLD-024-16 Page 2 Report Overview This report is intended to provide background information, regarding a vacancy on the Clarington Museums and Archives Board. 1 . Background 1 .1 Clarington Museums and Archives Board (CMAB)-. The CMAB is a volunteer Municipal Service board established in 2001 by the Municipality of Clarington Council to manage the Clarington museums and archives. Board members are ultimately responsible to the Municipality of Clarington Council and are bound by By-law 2012-093, which states that the composition shall be comprised of a maximum of 12 voting members comprised of, as reasonably as possible: m 8 Public Representatives being two members from each ward; 1 member representative of the Friends of the Museum; 1 member representative of the Newcastle Village and District Historical Society; and 2 appointed members of Council Grant Taullie Thompson was appointed to the CMAB in April, 2015, as a Ward 4 representative for a term ending in December 31, 2018 or until a successor is appointed. The Municipal Clerk's Department received his resignation on May 25, 2016. Following Council's appointments in April 2015, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur. Accordingly, the Municipal Clerk's Department contacted previous applicants (and any additional applications received since the appointments were made) to determine whether they wish to put forward their name for consideration. At the time of writing of this Report, the following applicants wish to be considered for appointment to the Clarington Museums and Archives Board: Darlene Rich (Ward 4) James Hodge (Ward 3) Applications have been circulated under separate cover as they contain personal information. Concurrence Not Applicable 107 Municipality of Clarington Report CLD-024-16 Rage 3 3e Conclusion In order to fulfill the requirements of the Terms of Reference of the Clarington Museums and Archives Board, it is recommended that one of the following be appointed to the Clarington Museums and Archives Board, as the Ward 4 representative, for a term ending December 31, 2018: Darlene Rich James Hodge Strategic Plan Application Not applicable. Submitted by: r Reviewed by: Anne Greentree UMnklin Wu, Municipal Clerk Chief Administrative Officer Staff Contact: Michelle Chambers, Committee Coordinator 905-623-3379 ext. 2106 or mchambers@clarington.net Attachments: Attachment 1 - Museum and Archives Board Composition Matrix (Distributed Separately) Attachment 2 - Confidential Applications (Distributed Separately) The following is a list of the interested parties to be notified of Council's decision: Darlene Rich James Hodge Michael Adams, Executive Director, Clarington Museums & Archives 108 109