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2020-01-20 Agenda
Council Revised Agenda Date:January 20, 2020 Time:7:00 PM Location: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: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio 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 *Late Item added after the Agenda was published. Pages 1.Call to Order 2.Moment of Reflection 3.Land Acknowledgement Statement 4.Declaration of Interest 5.Announcements 6.Adoption of Minutes of Previous Meeting(s) 6.1 Minutes of a regular meeting of Council dated December 9, 2019 5 7.Presentations *7.1 Clarington Knights Bantam Football Team - 2019 OFL Champions 8.Delegations 8.1 Sarah Delicate regarding United Shorelines Ontario (USO) Clarington Rally (Item 19 of the General Government Committee Report) 9.Communications – Receive for Information 9.1 Local Planning Appeal Tribunal - Decision and Order of the Board regarding Part of Lot 33, Concession 2 21 10.Communications – Direction 10.1 Memo from the Acting Director of Planning regarding the Street Naming Request – Terry Price (Item 17 of the General Government Committee Report) 32 (Motion to refer to the consideration of Item 17 of the General Government Committee Report) *10.2 Memo from the Acting Director of Operations regarding Contracting Out of Snow Plow Routes 35 (Motion to refer to the consideration of Item 10 of the General Government Committee Report) Council Meeting January 20, 2020 Page 2 *10.3 Memo from the Director of Finance/Treasurer regarding CBOT Funding Per Capita 38 (Motion to refer to the consideration of Item 2 and Item 16 of the General Government Committee Report) 11.Committee Reports 11.1 Advisory Committee Reports 11.1.1 Minutes of the Newcastle Arena Board dated December 10, 2019 40 11.1.2 Minutes of the Agricultural Advisory Committee dated December 12, 2019 42 11.1.3 Minutes of the Clarington Affordable Housing Task Force dated November 19, 2019 47 11.1.4 Minutes of the Clarington Tourism Advisory Committee dated December 16, 2019 51 11.1.5 Minutes of the Clarington Museum and Archives Board dated December 11, 2019 53 11.2 General Government Committee Report of January 6, 2020 55 11.3 Special General Government Committee Report of January 10, 2020 65 11.4 Planning and Development Committee Report of January 13, 2020 67 12.Staff Reports None 13.Business Arising from Procedural Notice of Motion None 14.Unfinished Business None Council Meeting January 20, 2020 Page 3 15.By-laws 15.1 2020-001 - Being a By-law to Authorize the Borrowing of $15,000,000 to Meet, Until the Taxes are Collected, the Current Expenditures of the Municipality for the Year 2020 (Item 14 of the General Government Committee Report) 15.2 2020-002 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 4 of the Planning and Development Committee Report) 16.Procedural Notices of Motion 17.Other Business *17.1 Memo from the Acting Director of Planning regarding a Request from Tornat Newcastle Limited for an Exemption from the Two Year Freeze on Submitting a Minor Variance Application Relating to a Site Specific Zoning By-law Amendment 69 18.Confirming By-Law 19.Adjournment Council Meeting January 20, 2020 Page 4 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: Time: Location: December 9, 2019 7:00 PM Council Chambers, 2nd Floor Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Present Were: Mayor A. Foster, Councillor G. Anderson, Councillor R. Hooper, Councillor J. Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart Staff Present: A. Allison, G. Acorn until 11:14 PM, R. Albright until 11:14 PM, S. Brake until 11:14 PM, D. Ferguson until 11:14 PM, A. Greentree, R. Maciver, T. Pinn until 11:14 PM, G. Weir until 11:14 PM, M. Chambers _____________________________________________________________________ 1. Call to Order Mayor Foster called the meeting to order at 7:00 PM. 2. Moment of Reflection Councillor Hooper led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Hooper recited the land acknowledgement statement. 4. Declaration of Interest Councillor Neal declared an interest in sponsorship for Home Base Durham (Item 11 of the General Government Committee Report) 5. Announcements Members of Council announced upcoming community events and matters of community interest. Page 5 December 9, 2019 Council Minutes 2 6. Adoption of Minutes of Previous Meeting 6.1 Council Minutes - Minutes of a regular meeting of Council November 18, 2019 Resolution # C-414-19 Moved by Councillor Traill Seconded by Councillor Zwart That the minutes of the regular meeting of the Council held on November 18, 2019, be approved. Carried 7. Presentations 7.1 Clarington Gaels Minor Lacrosse - Ontario Provincial U9 Field Lacrosse Championship Mayor Foster and Regional Chair, John Henry (instead of Lindsey Park, MPP) presented Certificates of Recognition to the following members of Clarington Gaels Minor Lacrosse team for winning 2019 Ontario Provincial U9 Field Lacrosse Championship: Tucker Williams, Scott Wylie, Kyle LaForge, Nathan Burnett, Nicholas Nalysnyk, Carter Richards, Ella Schuster, Emerson Adams, Evan Hayes, Ashton Cannon, Magnus Hutchings, Harland Relph, Wesley Verschuuren, Tyeler Allenby, Oliver Young, Tyler Powell, Zachary Miedema, Mike Powell, Head Coach, Jason Richards, Assistant Coach, Scott Wylie, Assistant Coach, Drew Allenby, Assistant Coach, Scott LaForge, Trainer and Dave Verschuuren, Manager. Recess Resolution # C-415-19 Moved by Councillor Zwart Seconded by Councillor Jones That the Council recess for five minutes. Carried The meeting reconvened at 7:25 PM with Mayor Foster in the Chair. 7.2 John Henry, Regional Chair - Annual Address John Henry, Regional Chair, Regional Municipality of Durham, addressed Members of Council and citizens on 2019 Regional activities and provided an overview of the 2020 Regional initiatives. Chair Henry thanked Mayor Foster, the Members of Council and all Staff for their contributions to the Municipality of Clarington. Mr. Henry noted they are in the process of renewing the Durham Region Strategic Plan for 2020-2024, which has required a great deal of public outreach and working with key stakeholders. Chair Henry advised that they are doing a comprehensive review of the Region of Durham's Official Land Use Plan Page 6 December 9, 2019 Council Minutes 3 and explained they are looking for input on how the community should be functioning. He added that comments can be made on the Envision Durham website. Chair Henry stated they are facing many issues that effect municipalities including revisions to the Development Charge regime, changes to Provincial Policy Statement and other provincial initiatives that impact municipalities. Chair Henry reviewed the issues they are facing with the GO Train East extension but noted Metrolinx is now focused on the CP rail corridor which he believes to be positive. He added that transit is growing and they are looking at expansions to the rural areas. Chair Henry thanked the Members of Council and Staff for coming together for transit implementation and highlighted the plans for the expansion of transit services. He added that they are investing in the Canada Infrastructure Program and noted that this will allow for transit expansion within the Region. Chair Henry provided an overview of the Vision Zero Programs, upcoming capital projects, Community Adaptation Plan and the Community Energy Plan. He continued by highlighting the Canadian Learning Bond Program, Rural 911 project and noted that servicing employment lands and broadband internet are a priority. Chair Henry concluded by advising the Members of Council that the Durham East Airport project is still an important priority. He thanked the Members of Council and Staff and answered questions. Resolution # C-416-19 Moved by Councillor Anderson Seconded by Councillor Hooper That the Presentation of John Henry, Regional Chair, Regional Municipality of Durham, regarding and annual address, be received with thanks. Carried 7.3 Gary Muller, Director of Planning, Region of Durham regarding Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region Gary Muller, Director of Planning, Region of Durham, was present regarding Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region. He made a verbal presentation to accompany an electronic presentation. Mr. Muller highlighted the four options for the GO East Extension. He was most pleased to report that Option 1 on the CP line is preferred. Mr. Muller added that the likelihood of this being approved is looking better. He explained that Barry Lyon Consultants was obtained to examine the impacts of the route alignments. Mr. Muller explained the benefits of transit oriented development. He provided an overview of the impact of transit on real estate. Mr. Muller highlighted the existing and approved development and the proposed future developments. He referred to the graph regarding the development within the area of major transit stations. Mr. Muller provided an overview of the study approach and the qualitative review. He reviewed the ratings for each of the proposed stations options including Thornton's Corners, Central Oshawa, Courtice, Waverley/Bowmanville Ave., Ritson South, and Oshawa GO. Mr. Page 7 December 9, 2019 Council Minutes 4 Muller continued by summarizing the alignment options and noted the four key issues were leadership, detailed planning, fiscal impact and timing and phasing. Mr. Muller explained that the rapid transit implementation/transit oriented development requires a dedicated leadership, staff oversight and co-ordination. He concluded by summarizing the recommendations for the advancing the rapid transit implementation. Mr. Muller answered questions from the Members of Council. Resolution # C-417-19 Moved by Councillor Neal Seconded by Councillor Anderson That the Presentation of Gary Muller, Director of Planning, Region of Durham, regarding Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region, be received with thanks. Carried 7.4 George Rocoski, Energy from Waste-Waste Management Advisory Committee (EFW-WMAC) Chair, and Sami Elhajjeh, EFW-WMAC Vice Chair, regarding the EFW-WMAC Annual Update George Rocoski, Chair, Energy From Waste-Waste Management Advisory Committee was present regarding the Energy from Waste - Waste Management Advisory Committee Annual Update. Mr. Rocoski noted that Sami Elhajjeh, EFW - WMAC Vice Chair, was also in attendance. He made a verbal presentation to accompany an electronic presentation. Mr. Rocoski reviewed the current Committee members and provided an update on the current Committee work to date. He noted that typically the Committee meets several times per year, and he reviewed the topics discussed at the meetings held in 2019. Mr. Rocoski reviewed the 2019 events including tours of the Durham York Energy Centre, participation in meetings with Ontario Ministry of the Environment, Conservation and Parks with Clarington Council, updates on the Organics management proposal in Durham, updates on the operation of the Durham York Energy Centre (DYEC), including environmental assessment processes for the expansion of the DYEC. He concluded by reviewing the 2020 anticipated areas of interest for the Committee. Mr. Rocoski answered questions from the Members of Council. Mr. Rocoski’s closing message to residents is “put the right things in the right box” (as it pertains to recycling). Resolution # C-418-19 Moved by Councillor Anderson Seconded by Councillor Jones That the Presentation of George Rocoski, Chair, Energy From Waste -Waste Management Advisory Committee regarding an Annual Update, be received with thanks. Carried Page 8 December 9, 2019 Council Minutes 5 8. Delegations None 9. Communications – Receive for Information 9.1 Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham regarding Advancing Rapid Transit Implementation and Transit Oriented Development in Durham Region (2019-COW-26) 9.2 Update from the Clarington Board of Trade - 2019 Q3 KPI Report Resolution # C-419-19 Moved by Councillor Zwart Seconded by Councillor Traill That Communication Items 9.1 and 9.2, be received for information with t he exception of Item 9.2. Carried 9.2 Update from the Clarington Board of Trade - 2019 Q3 KPI Report Resolution # C-420-19 Moved by Councillor Neal Seconded by Councillor Jones That Correspondence Item 9.2 from the Clarington Board of Trade (CBOT) regarding the 2019 Q3 KPI Report, be referred to the January 6, 2019 General Government Committee meeting, such that CBOT may be present to respond to questions. Carried 10. Communications – Direction Resolution # C-421-19 Moved by Councillor Zwart Seconded by Councillor Traill That Communication Items 10.1 to 10.3, be approved on consent as follows: 10.1 Memo from the Acting Director of Community Services regarding Report CSD-012-19 Community Grant and Event Sponsorship Programs Review That Memo from the Acting Director of Community Services regarding Report CSD-012-19 Community Grant and Event Sponsorship Programs Review be referred to the consideration of Item 15 of the General Government Committee Report. 10.2 Memo from the Acting Director of Engineering Services regarding Farewell Creek Trail Phase 2 - Ecological Gifts Program Page 9 December 9, 2019 Council Minutes 6 That the Memo from the Acting Director of Engineering Services regarding Farewell Creek Trail Phase 2 - Ecological Gifts Program be referred to the consideration of Unfinished Business Item 14.4. 10.3 Memo from the Acting Director of Planning regarding Revised Attachment 1 to Report PSD-053-19 - Seasonal Sidewalk Patio Program Results, Guidelines, and Procedures That the Memo from the Acting Director of Planning regarding Revised Attachment 1 to Report PSD-053-19 - Seasonal Sidewalk Patio Program Results, Guidelines, and Procedures be referred to the consideration of Item 4 of the Planning and Development Committee Report. Carried 11. Committee Reports 11.1 Advisory Committee Reports 11.1.1 Minutes of the Clarington Affordable Housing Task Force dated October 22, 2019 11.1.2 Minutes of the Clarington Diversity Advisory Committee dated October 24, 2019 11.1.3 Minutes of the Newcastle Arena Board dated November 12, 2019 11.1.4 Minutes of the Clarington Museum and Archives Board dated November 13, 2019 11.1.5 Minutes of the Agricultural Advisory Committee dated November 14, 2019 11.1.6 Minutes of the Clarington Heritage Committee dated November 19, 2019 Resolution # C-422-19 Moved by Councillor Anderson Seconded by Councillor Hooper That Communication Items 11.1.1 to 11.1.6, be received for information. with the exception of Item 11.1.5. Carried 11.1.5 Minutes of the Agricultural Advisory Committee dated November 14, 2019 Resolution # C-423-19 Moved by Councillor Neal Seconded by Councillor Traill That 11.1.5 Agricultural Advisory Committee minutes of November 14, 2019, be referred back to the Agricultural Advisory Committee, such that the Committee may request the information from the Region of Durham regarding the Regional Woodland By-law. Carried Page 10 December 9, 2019 Council Minutes 7 11.2 General Government Committee Report of November 25, 2019 Resolution # C-424-19 Moved by Councillor Jones Seconded by Councillor Hooper That the recommendations contained in the General Government Committee Report of November 25, 2019, be approved on consent, with the exception of items 11 and 17. Carried Item 11 - Autism Home Base Durham Councillor Neal declared an indirect interest in Item 11 of the General Government Committee Report as he is a Member of the Board for Home Base Durham. Councillor Neal left the room and refrained from discussion and voting on these matters. Resolution # C-425-19 Moved by Councillor Anderson Seconded by Councillor Jones That the Sponsorship Application #S20-03, from the Autism Home Base Durham, be approved in the amount of $1000.00. Carried Councillor Neal returned to the meeting. Item 17 - Emergency Flood Access Risk Assessment and Mitigation Study Resolution # C-426-19 Moved by Councillor Anderson Seconded by Councillor Hooper That Report COD-026-19 be received; That the proposal received from Aquafor Beech Ltd. being the most responsive bidder meeting all terms, conditions and specifications of RFP2019 -14 and subject to a satisfactory reference check, be awarded the contract for the provision of consulting services to complete the Emergency Flood Access Risk Assessment and Mitigation Study; That the total funds required for this project in the amount of $112,261.63 (Net HST Rebate) is being funded in part by the Nat ional Disaster Mitigation Program ($56,130.81 Net HST Rebate) with the balance of $56,130.82 (Net HST Rebate) being funded from within the approved budget allocation as provided from the following account: Page 11 December 9, 2019 Council Minutes 8 Description Account Number Amount Engineering Admin Studies 100-32-130-00000-7510 112,262 That all interested parties listed in Report COD-026-19 and any delegations be advised of Council’s decision. Carried on a recorded vote Later in the meeting See following motions Resolution # C-427-19 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution #C-426-19 for a second time. Carried Recess Resolution # C-428-19 Moved by Councillor Zwart Seconded by Councillor Anderson That the Council recess for 10 minutes. Carried The meeting reconvened at 9:08 PM with Mayor Foster in the Chair. The foregoing Resolution #C-426-19 was then carried on the following recorded vote (4 to 3): Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill 11.3 Planning and Development Committee Report of December 2, 2019 Resolution # C-429-19 Moved by Councillor Neal Seconded by Councillor Traill That the recommendations contained in the Planning and Development Committee Report of December 2, 2019, be approved on consent. Carried Page 12 December 9, 2019 Council Minutes 9 12. Staff Reports 12.1 Report CAO-016-19 - Organizational Structure Review Resolution # C-430-19 Moved by Councillor Neal Seconded by Councillor Traill That Report CAO-016-19 be received; That the Organizational Structure Review prepared by Grant Thornton LLP dated December 4, 2019, Attachment 1 to Report CAO-016-19, be received; and That the following resolutions be referred to the February 24, 2020 Budget Meeting: That the CAO report back at the February 18, 2020 General Government Committee meeting with a proposed implementation plan; and That the Clarington Board of Trade and Office of Economic Development be advised of Council’s decision. Carried Later in the Meeting See following motion Resolution # C-431-19 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing resolution #C-430-19 for a second time. Carried Recess Resolution # C-432-19 Moved by Councillor Neal Seconded by Councillor Traill That the Council recess for five minutes. Carried The meeting reconvened at 9:54 PM with Mayor Foster in the Chair. The foregoing Resolution #C-430-19 was then put to a vote and carried. Page 13 December 9, 2019 Council Minutes 10 Suspend the Rules Resolution # C-433-19 Moved by Councillor Neal Seconded by Councillor Zwart That the Rules of Procedure be suspended to add an additional item regarding the 2020 Budget dates to the Agenda. Carried Resolution # C-434-19 Moved by Councillor Neal Seconded by Councillor Traill That the budget dates detailed in Report FND-023-19, and approved by Council through Resolution #JC-119-19, be amended to extend the dates for consideration from January 13, 2020 for General Government deliberation to February 24, 2020, and from January 20, 2020 for Council ratification to March 2, 2020; and That the Director of Finance/Treasurer distribute the budget binders at the appropriate time. Carried 12.2 Confidential Verbal Report from the Municipal Solicitor regarding OPA 107 Appeal by Ministry of Municipal Affairs and Housing Resolution # C-435-19 Moved by Councillor Traill Seconded by Councillor Zwart That the Confidential Verbal Report from the Municipal Solicitor regarding OPA 107 Appeal by Ministry of Municipal Affairs and Housing, be referred to the Closed Session of the Agenda. Carried 13. Business Arising from Procedural Notice of Motion None Page 14 December 9, 2019 Council Minutes 11 14. Unfinished Business 14.1 Report CLD-026-19 - Addendum to Vehicle for Hire By-law Report CLD-022-19 Resolution # C-436-19 Moved by Councillor Neal Seconded by Councillor Traill That the Addendum Report CLD-026-19 be received; That Report CLD-022-19 be received; That Schedule C, (1) and (2) of the draft By-law attached to Report CLD-022-19, as amended by Council, be further amended such that it reads: 1) A Broker shall keep a Trip Record of every dispatch it makes of a Vehicle -for- Hire, and the Broker shall retain each record for a period not less than 12 months. 2) Upon the request of the Municipality, and within the timeframe indicated in the request, a Broker shall provide information pertaining to a specific Trip Record. A Broker shall also submit reports of aggregated and depersonalized Trip Record at regular intervals to be determined by the Municipality, acting reasonably. That the draft By-law attached to Report CLD-022-19, as amended by Council, be further amended to delete the definition of “Vehicle -for-Hire” and replace it with the following: “Vehicle-for-Hire” means a motor vehicle used for the business of private, pre-arranged transportation services from any place within the Municipality to a destination either within or outside of the Municipality.”; and That a new section be added to the draft By-law, immediately after section 31 as follows: “If satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, an Enforcement Officer is authorized to suspend a Licence for a period not to exceed 14 days.” That the draft Vehicle for Hire By-law, as amended, be approved. Carried as amended Later in the meeting See following motions Page 15 December 9, 2019 Council Minutes 12 Recess Resolution # C-437-19 Moved by Councillor Neal Seconded by Councillor Jones That the Council recess for five minutes. Carried The meeting reconvened at 10:19 PM with Mayor Foster in the Chair. Resolution # C-438-19 Moved by Councillor Neal Seconded by Councillor Traill That the draft By-law, attached to Report CLD-022-19, as amended by Council, be further amended as follows: “Delete and replace Section 18 with the following: “a) The Municipal Clerk is authorized to approve or refuse any application for a Licence, subject to the right of the applicant to request a review of the decision by Council.” Carried Resolution # C-439-19 Moved by Councillor Neal Seconded by Councillor Traill That the draft By-law, attached to Report CLD-022-19, as amended by Council, be further amended as follows: “Delete and replace Section 22 with the following: “b) The Municipal Clerk is authorized to revoke a Licence if it was issued in error, based on false information, or if the Licensee fails to comply with a term or condition applicable to their Licence or any provision of this by-law, subject to the right of the Licensee to request a review of the decision by Council.” Carried Resolution # C-440-19 Moved by Councillor Neal Seconded by Councillor Anderson That the draft By-law, attached to Report CLD-022-19, as amended by Council, be further amended as follows: That Section 9(d) in Schedule C of the proposed by-law be replaced with the following: "For a Vehicle-for-Hire that is of a model that is 10 years or older, proof of a satisfactory inspection dated no earlier than 90 days before the current Licensing period;" Carried Page 16 December 9, 2019 Council Minutes 13 The foregoing Resolution #C-436-19 was then put to a vote and carried as amended. 14.2 Report CAO-010-19 Cedar Crest Beach Update [Referred from the November 25, 2019 General Government Committee meeting] Resolution # C-441-19 Moved by Councillor Traill Seconded by Councillor Neal That Report CAO-010-19, Cedar Crest Beach Update, be tabled indefinitely. Carried 14.3 Resolution Regarding Hiring of New Staff [Referred from the November 25, 2019 General Government Committee Meeting] Resolution # C-442-19 Moved by Councillor Neal Seconded by Councillor Traill That that matter of hiring of new staff for vacant positions be filled only by approval of Council, pending the results of the organizational review be referred to the 2020 Budget. Motion Withdrawn Resolution # C-443-19 Moved by Councillor Neal Seconded by Councillor Zwart That any hiring of new staff for vacant positions be filled only by approval of Council, pending the consideration of the results of the CAO organizational review at the Budget Presentation. Motion Withdrawn Recess Resolution # C-444-19 Moved by Councillor Neal Seconded by Councillor Traill That the Council recess for five minutes. Carried The meeting reconvened at 10:58 PM with Mayor Foster in the Chair. Page 17 December 9, 2019 Council Minutes 14 Suspend the Rules Resolution # C-445-19 Moved by Councillor Neal Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting to 11:30PM. Carried Resolution # C-446-19 Moved by Councillor Neal Seconded by Councillor Traill That pending the 2020 Budget/CAO Report on the Organizational Review, no positions be filled on a full-time basis within the departments covered by Grant Thornton report, unless Council is advised by the CAO in a memo that it is necessary to maintain existing service levels. For greater clarity this does not prevent the hiring of full-time or part-time front-line staff positions. Yes (4): Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart No (3): Mayor Foster, Councillor Anderson, and Councillor Hooper Carried (4 to 3) 14.4 EGD-018-19 Award of Geotechnical Services Consulting for Slope Stability Investigation, Analysis and Report of Farewell Creek Trail Phase 2 (Tabled from the November 25, 2019 General Government Committee Meeting) Resolution # C-447-19 Moved by Councillor Neal Seconded by Councillor Zwart That the Report EGD-018-19, regarding Award of Geotechnical Services Consulting for Slope Stability Investigation, Analysis and Report of Farewell Creek Trail Phase 2, be lifted from the table. Carried Resolution # C-448-19 Moved by Councillor Neal Seconded by Councillor Jones That Report EGD-018-19 be tabled until there is a response from Environment Canada to determine if trail construction would be permissible under the terms of the Ecological Gifts Program. Carried Page 18 December 9, 2019 Council Minutes 15 14.5 Paragraph Two of Resolution #CC-27-19 regarding Report LGL-015-19 - Status of LPAT Appeals of OPA 107 [Referred from the December 2, 2019 Planning and Development Committee Meeting] Resolution # C-449-19 Moved by Councillor Neal Seconded by Councillor Jones That Item 14.5 Paragraph Two of Resolution #CC-27-19 regarding Report LGL-015-19 -Status of LPAT Appeals of OPA 107, be referred to the Closed Session. Carried Closed Session Resolution # C-450-19 Moved by Councillor Hooper Seconded by Councillor Jones That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Rise and Report The meeting resumed in open session at 11:35 PM. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and two resolutions were passed to provide direction to staff and one resolution passed on a procedural matter. 15. By-laws Resolution # C-451-19 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-laws 2019-066 to 2019-070: 15.1 2019-066 - Being a By-law to Amend By-law 2016-029 15.2 2019-067 - Being a By-law to Authorize an Interim Tax Levy for 2020 15.3 2019-068 - Being a By-law to Repeal By-law 2012-093, as Amended, a By-law to Establish a Municipal Service Board to Operate Museums on Behalf of the Municipality of Clarington Page 19 December 9, 2019 Council Minutes 16 15.4 2019-069 - Being a By-law to License and Regulate the Operation of Private Transportation Services in the Municipality of Clarington (Vehicle for Hire) 15.5 2019-070 - Being a By-law to Exempt a Certain Portion of Registered Plan 40M-2617 from Part Lot Control; and That the said by-laws be approved. Carried 16. Procedural Notices of Motion None 17. Other Business None 18. Confirming By-Law Resolution # C-452-19 Moved by Councillor Hooper Seconded by Councillor Jones That leave be granted to introduce By-law 2019-071, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 9th day of December, 2019; and That the said by-law be approved. Carried 19. Adjournment Resolution # C-453-19 Moved by Councillor Traill Seconded by Councillor Neal That the meeting adjourn at 11:37 PM. Carried ________________________________ ________________________________ Mayor Municipal Clerk Page 20 The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal. PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: National Homes (Prestonvale) Inc. Subject: Application to amend Zoning By-law No. 2017- 0032- Refusal or neglect of Municipality of Clarington to make a decision Existing Zoning: Agricultural (A) Proposed Zoning: Residential Site Specific (To be determined) Purpose: To permit the rezoning of registered Plan No. 40R24865 to allow residential uses. Property Address/Description: Part of Lot 33, Concession 2 Municipality: Town of Clarington Municipality File No.: ZBA 2017-0032 OMB Case No.: PL180334 OMB File No.: PL180334 OMB Case Name: National Homes (Prestonvale) Inc. v. Clarington (Municipality) APPEARANCES: Parties Counsel Municipality of Clarington R. Maciver National Homes (Prestonvale) Inc. C. Barnett Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local ISSUE DATE: December 24, 2019 CASE NO(S).: PL180334 Heard: July 29, 2019 in Bowmanville, Ontario Page 21 2 PL180334 DECISION DELIVERED BY C. CONTI AND ORDER OF THE BOARD [1] This is the decision for the hearing of an appeal by National Homes (Prestonvale) Inc. (“Appellant”) regarding the failure of the Municipality of Clarington (“Municipality”) to make a decision for an application for a Zoning By-law Amendment (“ZBA”) to permit a residential development on a property at Part of Lot 33, Concession 2, Clarington. [2] At the beginning of the hearing, the Tribunal was informed that the parties had settled the appeal. Mr. Barnett told the Tribunal that the concerns of Hugh Neill, a participant in the proceeding, had been fully satisfied, and that the concerns of another participant, Ed Cook, were in the process of being settled. He also noted that the other participant, Dan Burgess was not in attendance. [3] The Tribunal heard evidence in support of the settlement from Ryan Guetter, Senior Vice-President of Weston Consulting. Mr. Guetter is a Registered Professional Planner with approximately 16 years of experience. He was qualified by the Tribunal as an expert in land use planning. [4] The Tribunal heard that the subject property consists of a parcel approximately 5.158 hectares (“ha.”) in size, located at the northeast corner of Bloor Street and Prestonvale Road. The area is characterized largely by single detached dwellings and vacant lands. Two dwellings are located on the north side of Bloor Street which belong to participants in the appeal. There are some multiple unit buildings further to the west. [5] Mr. Guetter indicated that a portion of Robinson Creek occupies the eastern part of the property and there is a grade change moving eastward associated with the creek valley. He stated that the creek valley area will be retained and that it will be dedicated to a public authority. [6] The Tribunal heard that a draft plan of subdivision has been prepared for the Page 22 3 PL180334 property which is not before the Tribunal. The only matter before the Tribunal is the Zoning By-law Amendment. [7] The Tribunal heard that the proposal has been through a number of iterations. The proposal that forms the basis of the settlement includes of a total of 112 townhouse units consisting of 20 two-storey units, 54 three-storey units and 38 stacked townhouses (Exhibit 2, Tab 11). Mr. Guetter indicated that the proposed townhouse design will fit with the existing character of the area. [8] Mr. Guetter’s evidence was that Bloor Street is a Regional Corridor which is intended to accommodate higher order uses. He stated that target densities for Regional Corridors in the Region of Durham Official Plan are 60 units per ha . The Clarington Official Plan provides a higher density target of 85 units/ha . [9] Mr. Guetter indicated that planning for the proposal has been sensitive to the area of single family homes to the west. The site plan has been modified to respond to concerns raised through the planning process. Mr. Guetter stated that the proposal now includes a 15 metres (“m”) buffer from the Robinson Creek valley and provides for a viewshed from Cole Avenue to the valley. [10] Mr. Guetter noted that the proposal provides dwelling units with a variety of sizes. The proposal maintains approximately 33% to 34% landscaped open space and provides common amenity space. Mr. Guetter indicated that the overall density for the proposal is approximately 52 units/ha. [11] Mr. Guetter stated that the draft plan of subdivision was being processed and comments from agencies were being received. He expected the draft plan to be considered by municipal Council in the fall of 2019. [12] Mr. Guetter referred to the Minutes of Settlement (Exhibit 1) and he stated that the proposed ZBA is attached. Page 23 4 PL180334 [13] Mr. Guetter provided his planning opinion regarding the ZBA. He stated that the ZBA is consistent with the Provincial Policy Statement (“PPS”). He indicated that the PPS seeks to ensure efficient growth and intensification and to provide for a range and mix of residential uses. Mr. Guetter stated that the subject lands are within a settlement area. The proposed ZBA provides for a compact form of development and facilitates intensification. [14] Mr. Guetter’s opinion was that the ZBA conforms to the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”). He referred to s. 2.2.1.4 (c) and (e) which indicate that the policies of the Growth Plan provide for a range and mix of housing and a more compact built form (Exhibit 2, Tab 24, p. 200). His opinion was that the proposed ZBA complies with these policies and with those that promote intensification. He also indicated that the proposal conforms to Growth Plan policies related to transit and moving people. [15] With regard to the Regional Official Plan, Mr. Guetter stated that the lands are identified as Living Area and as Regional Corridor. He indicated that the Regional Official Plan provides direction to municipal official plans which provide more detail. Mr. Guetter referred to s. 8A2.9 which indicates that a long-term target of 60 units/ha and a density of 2.5 applies to Regional Corridors (Exhibit 2, Tab 25, p.. 292). Mr. Guetter’s opinion was that the proposal conforms with this policy and with the Regional Official Plan. [16] Mr. Guetter indicated that the subject property is designated as Urban Residential, Regional Corridor and Environmental Protection in the Clarington Official Plan (“Official Plan”). He referred to the policies for protecting the natural environment in s. 3 of the Plan (Exhibit 2, Tab 26, p. 336). He indicated that an environmental impact statement had been prepared by Niblett Environmental to address these policies. Mr. Guetter stated that the area to be conveyed to a public authority contains natural heritage features, but the proposed 15 m buffer sets an appropriate development limit Page 24 5 PL180334 and protects the features. He indicated that the proposal will result in some tree removal, but compensation will be provided. It was his opinion that the proposal conforms with the natural heritage policies of the Clarington’s Official Plan (“OP”). [17] Mr. Guetter referred to s. 4 of the Official Plan which sets out the municipal structure. The Tribunal heard that the portion of the property within the Regional Corridor will have a density of approximately 85 units/ha as required in s. 4.3.9. The target densities in the Official Plan for the remainder of the site are lower. Mr. Guetter indicated that the proposal conforms to the density requirements in the Official Plan and conforms with s. 4. [18] Regarding the Built Form policies in s. 5.4, Mr. Guetter stated that the proposal is sensitive to the existing context (Exhibit 2, Tab 26, p. 369). It will provide for a strong street presence on the Regional Corridor and represent a planned function of higher order. He maintained that the proposal complies with these policies. [19] Mr. Guetter’s opinion was that the proposal complies with the Clarington’s OP transportation policies in s. 19 and the Stormwater Management policies in s. 20. [20] Mr. Guetter’s planning opinion was that the ZBA complies with the Clarington Official Plan. [21] Mr. Guetter stated that the current zoning for the property is Agricultural in Zoning By-law No. 84-63 and the proposed Zoning is R 3, Residential. (Exhibit 2, Tab 27). He referred to the proposed By-law attached to the Minutes of Settlement. He noted that the ZBA has been structured as an exception to the provisions of Zoning By- law No. 84-63. [22] Mr. Guetter indicated that an Environmental Protection zone will be placed on the portion of the property containing natural heritage features. He also noted that a Holding Zone will be placed on the proposed residential portion of the property which can be Page 25 6 PL180334 removed after the plan of subdivision and the site plan are approved. [23] Mr. Guetter addressed concerns that had been raised by the participants. He indicated that trees will be retained along Mr. Cook’s property boundary as illustrated in Exhibit 4. An existing hedgerow must be removed but it will be replaced by a wooden privacy fence and a 10 feet high cedar hedge. Mr. Guetter’s opinion was that the participants’ concerns were being satisfactorily addressed. [24] Mr. Guetter’s opinion was that the proposed ZBA is consistent with the PPS and conforms to the Growth Plan, the Regional Official Plan and the Clarington Official Plan. He recommended that it be approved. [25] The Tribunal has carefully considered the evidence. The expert planning opinion provided by Mr. Guetter is uncontested. The Tribunal accepts and agrees with Mr. Guetter’s opinion. The evidence has demonstrated that the property is suitable for the proposed use and that the relevant provisions of the Regional Official Plan and Clarington Official Plan have been fulfilled. Furthermore, the Tribunal accepts the submissions of the parties that the concerns of the participants have either been addressed or are in the process of being addressed. [26] Based upon the evidence the Tribunal finds that the proposed ZBA is consistent with the PPS, conforms to the Growth Plan and conforms to the Regional Official Plan and the Clarington Official Plan. [27] In consideration of the above, the Tribunal will allow the appeal in part and approve the By-law. The appropriate order is provided below. ORDER [28] The Tribunal orders that the appeal is allowed in part and Municipality of Clarington Zoning By-law No. 84-63 is amended as set out in Attachment 1. Page 26 7 PL180334 “C. Conti” C. CONTI VICE-CHAIR If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Local Planning Appeal Tribunal A constituent tribunal of Tribunals Ontario - Environment and Land Division Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 Page 27 Scke^'fi'Corporation of the Municipality ofClaringtonBy-law Number 2019-_being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law forthe Corporation of the Municipality ofClaringtonWhereas the Council of the Corporation of the Municipality of Clarington deems itadvisable to amend By-law 84-63, as amended, of the Corporation of the Municipality ofClarington for ZBA 2017-0032;Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality ofClarington enacts as follows:1. "Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE(R3) ZONE" is hereby amended adding a new "Urban Residential Exception (R3-58) Zone" as follows:14.6.58 URBAN RESIDENTIAL EXCEPTION (R3-58) ZONENotwithstanding Sections 3,1,14.1,14.2,14.3 and 14.4, on those lands zoned"R3-58" on the Schedules to this By-law shall be used for Link TownhouseDwellings and Stacked Townhouse Dwellings subject to the following zoneprovisions:a. Density (minimum) 40 units per hectare(maximum) 52 units per hectareb. Lot coverage (maximum) 50%c. Landscaped Open Space (minimum) 30%d. Private Street Width (minimum) 6.5 metrese. Outdoor Amenity Space (minimum) 4.0 square metres per unitf. No portion of any Stacked Townhouse Dwelling shall be located at adistance that exceeds 100 metres measured from the streetline adjacentto Bloor Street.g. The following setback regulations apply to each dwelling unit (minimum):i) Yard setbacks to a Public Street, Private Street or Private Sidewalka) Garage , 6 metresPage 28 b) Dwelling 4 metresc) Porch or Balcony 2 metresJi) Interior Side Yard Separation between Link or Stacked TownhouseDwellings 3.0 metres, nil wherea building has a commonwall with any buildingon an adjacent lotin the same zoneiii) Rear Yard Setback for Link TownhouseDwellings 6 metres,iv) Exterior Side Yard Setback to a Private Street 3.5 metresv) Exterior Side Yard Setback to a Private Sidewalkor Parking Space 2 metresvi) Building Height (maximum)a) LinkTownhouse Dwelling 12 metresb) Stacked Townhouse Dwelling 1 3.5 metresh. . Notwithstanding 14.6.58 g. i) b) above, a projection of the stacked-townhouse dwelling, at the second storey or higher may encroach up to1.5 metres into the required yard setback where an outdoor parking spaceis provided at grade directly below,i. An unenclosed-and uncovered deck with a minimum height of 2.5 metresand attached to a link townhouse dwelling may encroach in the requiredrear yard a maximum of 1.5 metres provided the outdoor parking space Isprovided at grade.j. Where a link townhouse dwelling has a rear yard setback of 6 metres orgreater, accessory buildings or structures are permitted provided the totalfloor area does not exceed 10% of the area of the lot or parcel of tied land.k. An accessory building or structure functioning as a condominium utilitybuilding may have a total floor area of 60 square metres and shall have aminimum setback of 1.2 metres from a parking space, sidewalk, or privatestreet and 4 metres from a public street.1. The provisions of Section 3.1 g. (iv) continue to apply, except where theyare in conflict with the yard requirements in this zone."2. Schedule '3' to By-law 84-63, as amended, is hereby further amended by changingthe zone designation from:"Agricultural (A) Zone" to "Holding - Urban Residential Exception ((H)R3-58) Zone"and"Agricultural (A) Zone" to "Environmental Protection (EP) Zone"as illustrated on the attached Schedule 'A' hereto.Page 29 ,3. Special Provisions for Removal of the (H) Holding SymbolIn addition to the general provisions of the Official Plan with respect to the removalof the (H) Holding symbol, Council shall only enact a by-law to remove the (H)Holding Symbol from the R3-58 Zone once the following provisions have beensatisfied:a) Stormwater outlet location and design prepared by a qualified Engineer,Environmental Consultant and related disciplines to the satisfaction of theDirector of Engineering Services, the Director of Planning Services and theCentral Lake Ontario Conservation Authority;b) Tree removals justification and compensation plan prepared by a qualifiedEnvironmental Consultant, Arborist and Landscape Architect to thesatisfaction Director of Engineering Services, the Director of PlanningServices and the Central Lake Ontario Conservation Authority;c) Final subdivision approval for the purposes of creating blocks for residentialdevelopment, and the conveyance of Open Space lands to the Municipality ofClarington; and,d) Approval of site plan drawings and execution of a site plan agreement.4. Schedule 'A' attached hereto shall form part of this By-law.5. This By-law shall come into effect on the date of the passing hereof, subject to theprovisions of Section 34 and Section 36 of the Planning Act.By-Law passed in open session this _ day of _, 20,Adrian Foster, MayorC. Anne Greentree, Municipal ClerkPage 30 This Is Schedule "A" to By-law 2018- , passed thts day of.2019A.D.BLOOR STREETAdrian Fo*ter, MayorZoning Changs From 'A' To *(H)R3-58'Zoning Change From 'A' To 'EP'Courllce < ZBA 2017.0032 • Schedule 4^AC, Atino GlconKW, Municipal &ofkPage 31 Memo Planning Services Department The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1C 3A6 | 905-623-3379 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 At the General Government Committee meeting held on January 6, 2020; Councillor Traill brought forward a resolution to allow for a historical name rather than a veteran name to honour the Price family (#GG-024-20, attached). Planning Services staff contacted the Region of Durham for approval of the recommended name. The Regional street naming database is checked to avoid duplication within the Region, when new street names are being considered. Unfortunately, the Region will not accept “Terry Price” however “Price” is acceptable. Council may wish to amend the Motion to allow for “Price” as the street name to be considered; or Council could request staff investigate an alternate family member name. If approved, Planning Services staff will add the name to the Developers List of available street names, in close proximity to Price’s Country Market. There are currently approximately 250 war dead veteran street names on the waiting list for general use throughout the Municipality. Faye Langmaid, RPP, FCSLA Attachments: Resolution GG-024-20 Letter from Region of Durham /tg I:\^Department\PLN Files\PLN 25 Street Names and Municipal Numbering\PLN 25.3 - General Folder\5. New Street Name Requests, Procedure, Policy, and Lists\MEM_MMC_re Price Street Naming Request_Jan 8'2020.docx To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning Services Date: January 9, 2019 Subject: Street Naming Request – Terry Price File: PLN 25 Page 32 Page | 2 Resolution # GG-024-20 Moved by Councillor Traill Seconded by Councillor Anderson Whereas the Price family has contributed significantly to Clarington, starting with James Sydney Price who received the British War Medal and the Victory Medal for his service in World War 1; Whereas the Price family has been farming in Bowmanville since 1931 and Price’s Country Market vegetable stand and farm has been a staple in east Bowmanville for the past 30 years; Whereas the Price family has donated vegetables, decorations, flowers and Christmas trees to Bowmanville churches, local schools, and donated pumpkins to the Bowmanville Veterinary Clinic for its fundraising for the Farley foundation which helps other-abled people with payment of veterinary bills the Bowmanville Museum the Bowmanville Legion, and sponsored Concerts in the Park; Whereas, with Phyllis Price having been a teacher in Clarington for thirty years, the Price family also provided school tours to local school children to teach young people about the importance of farming and growing local; Now therefore be it resolved that: 1) In recognition of the contributions of the Price family, Clarington waive its street- naming by-law to allow a new street to be named for Terry Price, with proximity to Price’s Market being the primary consideration when selecting a street; 2) The Price family be advised of Committee’s decision; and 3) Recognition of Terry Price and his family’s contributions be made at the ratification of this Motion, if passed. Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Newcastle Memorial Arena Management Board Municipality of Clarington Minutes of Meeting – Tuesday, December 10, 2019 (Not yet approved by committee) In Attendance – Dave Bouma - Chair Shea-Lea Latchford, Gary Oliver, Todd Taylor, Susan White Regrets: Bryan Wiltshire Absent: Councillor Granville Anderson 1. Agenda Motion #19-048 Moved by Shea-Lea Latchford, seconded by Todd Taylor THAT: the Agenda be accepted as proposed. CARRIED 2. Acceptance of Minutes Motion #19-049 Moved by Gary Oliver, seconded by Todd Taylor THAT: the minutes of October November 12, 2019 be accepted. CARRIED 3. Manager’s Report - Drainage construction should be completed by Friday, December 13th. The water heater in the Olympia room will need to be replaced; we will look to do so in 2020. Front door and brick work to begin in February 2020. The door will be wheelchair accessible and installation will take place during the day. The Olympia requires a new part which will take only take a few hours to install. When we trade in the Olympia this part will be free of charge. Free Public Skating will be announced this week for periods over Christmas. 4. Financial Report Motion #19-050 Moved by Todd Taylor, seconded by Gary Oliver THAT: a provider for bookkeeper services be selected for the Newcastle Memorial Arena’s 2020 Business Calendar Year.. CARRIED Page 40 2. Motion #19-051 – Moved by Todd Taylor, seconded by Dave Bouma THAT: the Chair facilitate a meeting with two signatories so a third signatory can be added to ensure we can maintain dual signatures on all cheques issued. Also, that we move from a flat fee to the “Self-Service Bank Fee”. CARRIED 5. Next Meeting – Tuesday, December 10, 2019 6. Adjournment Motion #19-052 Moved by Todd Taylor, seconded by Gary Oliver THAT: the meeting be adjourned. CARRIED The meeting adjourned at 9:08 PM __________________________ Chair ___________________________ Secretary Page 41 Agricultural Advisory Committee of Clarington December 12, 2019 Agricultural Advisory Committee of Clarington Meeting Thursday, December 12, 2019 Members Present: Don Rickard Brenda Metcalf (Chair) Ted Watson Tom Barrie Richard Rekker John Cartwright Les Caswell Henry Zekveld Regrets: Eric Bowman, Ben Eastman, Jennifer Knox, Councillor Zwart Staff: Faye Langmaid and Amy Burke - Planning Services Guests: Teresa Mason, Municipal By-law Enforcement, Councillor Jones, Councillor Neal Brenda welcomed all to the meeting, with introductions. No pecuniary interests declared. Adoption of Agenda 019-24 Moved by Tom Barrie, seconded by Richard Rekker That the Agenda for December 12, 2019 be adopted. Carried Approval of Minutes 019-25 Moved by Henry Zekveld, seconded by Richard Rekker That the minutes of the November 14, 2019 meeting be approved. Carried Presentation: Teresa Mason, Municipal By-Law Enforcement Officer, provided an overview of the By- law 2019-047 being a by-law to keep land clean and clear in the Municipality of Clarington (“Clean and Clear By-law”). The purpose of the presentation was to inform the Committee of the scope, application and reason for the by-law. This was in response to a request brought to the Committee by the Durham Region Federation of Agriculture. Page 42 Agricultural Advisory Committee of Clarington December 12, 2019 The Clean and Clear By-law was enacted by Council on July 2, 2019. It promotes the elimination of debris, standing water, and long grass or weeds (max. height of 20 centimetres) on private property. It applies to all lands within Clarington, except for lands zoned Environmental Protection (EP). The Clean and Clear By-law repeals and replaces By-law 2003-46 (“Lot Maintenance By-law”). The basic purpose and effect of the Clean and Clear By-law is the same as the Lot Maintenance By-law. The changes made clarify several enforcement provisions and improve transparency. Enforcement of the By-law is complaints based. The Clean and Clear By-law does not introduce any changes to how property standards are enforced on agricultural properties. The Committee discussed the potential for complaints regarding farms which relate to standing water and/or the growth of vegetation surrounding crops and within on-site ditches to heights of greater than the permitted maximum. These are normal farm practices for rainwater infiltration and erosion control. The Clean and Clear By-law does not explicitly exempt agriculture. By-law Enforcement Officers use discretion in reviewing complaints and seek guidance on normal farm practices. With respect to the management of weeds, the Clean and Clear By-law specifically limits weed heights, whether noxious or not. Noxious weed complaints are responded to by the Durham Weed Inspector. The spread of fleabane in Clarington continues to be a concern of the Committee. Fleabane is not listed as a noxious weed in Ontario under the Provincial Weed Control Act. Engineering Services is in discussion with a local property owner regarding the management of fleabane on their large rural property. The matter of a request to amend By-law 2015-047 regulating the discharge and sale of fireworks was discussed with the Committee. The request proposes to decrease the number of days in a year that fireworks may be permitted to be discharged in the Municipality and to introduce restrictions on the discharge of fireworks in rural areas. The proposal seeks to reduce the risk of fireworks debris dispersing amongst crops and the risk of an unsafe condition for livestock. While the Committee appreciated the concern and the intent of the proposal, it was generally felt that the existing restrictions were adequate. The proposed by-law amendments would not affect other sources of loud, sudden noise that occur in the rural area that could carry the same risk. An invitation was extended to return to the Committee to solicit formal comments if a By- law amendment proceeds. Business Arising from Minutes Region of Durham Woodland By-law: Refer to Council Referrals. Emerald Ash Borer Funding Assistance: In follow-up to discussion that took place at the November 14, 2019 Committee meeting, the following resolution was made: 019-26 Moved by Don Rickard, seconded by Richard Rekker Page 43 Agricultural Advisory Committee of Clarington December 12, 2019 That the Agricultural Advisory Committee of Clarington recommends that Council endorse the following resolution regarding Emerald Ash Borer Provincial funding assistance for farmers: Whereas the Municipality continues to address the devastating effect of Emerald Ash Borer (EAB) on public lands, at a significant cost, and is working on a long-term strategy to secure the resources necessary for the removal and replacement of EAB affected trees in rural roadside areas; And whereas farmers, as significant private landowners, are also heavily impacted by the spread of EAB across the naturalized areas of their properties; And whereas, despite there being programs and funds to support tree planting and replanting, there are no monies available to assist farmers with the removal of EAB affected trees; And whereas healthy woodlands contribute environmental, ecological, economic and health benefits to communities and Ontario’s agricultural system; Therefore, be it resolved that the Council of the Municipality of Clarington urges the Province of Ontario to renew its commitment to address the spread of invasive species through the provision of funding to Ontario farmers to assist with the cost of removing dead ash trees on private farmland; That a copy of this resolution be circulated to all Durham Region municipalities and the Region of Durham for endorsement; That a copy of this resolution be circulated to the Association of Municipalities of Ontario; and That a copy of this resolution be directed to Doug Ford, Premier of Ontario; the Honourable John Yakabuski, Minister of Natural Resources and Forestry; the Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs; Lindsey Park, MPP (Durham); and David Piccini, MPP (Northumberland-Peterborough South). Carried THEE Farmer’s Parade of Lights: Took place on December 4, 2019. No issues with the route or traffic management. Appreciation expressed to Clarington Council, the Committee, Municipal Staff and volunteers for the assistance and support provided. Correspondence, Council Items and Referrals Region of Durham Woodland By-law: On December 9, 2019, Council referred the minutes of the November 14 Agricultural Advisory Committee meeting back to the Committee for further discussion of the Region’s Woodland By-law. The concern by Council had been the potential effect of the proposed by-law amendment on the agricultural sector and more specifically whether clearing of trees as part of a normal farm practices would be permitted if the area of the farm where this needs to occur is zoned Environmental Protection. Staff have confirmed with the Region the proposed amendments to the by-law do not change the ability of a farmer to carry out normal farm practices. The by-law specifies that the removal of trees as part of normal farm practices are exempt. Normal farm practices include the removal of trees for personal Page 44 Agricultural Advisory Committee of Clarington December 12, 2019 use, as well as the removal of trees for farm-related uses (i.e. fence posts and rails). Normal farm practices in the current by-law and in the proposed amended by-law do not include clear cutting of any kind. A permit is required for any clear cutting. Liaison Reports: Durham Agriculture Advisory Committee: No updates. Durham Region Federation of Agriculture: Richard provided an update in his e-mail to all prior to the meeting. Ontario Federation of Agriculture is engaged in commenting on the proposed Line Fences Repeal Act, 2019. Richard will gather further details on OFA’s position for the Committee. Clarington Board of Trade: No updates. New Business Service installation in rural rights-of-way: Don reached out the Region of Durham to discuss what measures could be taken to require utilities to contact farmers prior to undertaking construction activities in rural roadside right of ways. There have been instances of tile drainage discharge pipes being damaged as the utility was not aware of their location. This matter has also been discussed with Clarington Engineering Services. While the Region and Municipality can consider including conditions in a road occupancy permit in order to encourage utilities to contact adjacent landowners, it may be difficult and resource intensive to identify the farmer who is managing the land; many farmers rent land throughout the Municipality and do not reside on the land. Incorporating tile drain discharge locations into the utility locate process can be time consuming and costly. Security from Trespass and Protecting Food Safety Act, 2019: The Committee was grateful to hear of the introduction of legislation to help deter trespassing on farms and other agri-food premises. The Committee requested a letter be sent encouraging the consideration and support of the proposed Act, and it be copied to Minister Hardeman and local MPPs. Cannabis Crop Production: There is discussion in the community about the growing of cannabis as a farm crop. As set out by OMAFRA, the definition of a crop for agricultural production is very broad and would include cannabis, subject to ensuring compliance with Federal regulations. This is not unlike agricultural production of hemp. Typical crop drying and cleaning is accepted as a normal farm practice much like corn and soybeans. Matters relating to processing of cannabis to produce a salable product are subject to zoning. Council could request staff provide further policy direction, such as fencing, etc as other municipalities have. 2019 AACC Accomplishments: Brenda will present the Committee’s 2019 accomplishments to Council at the February 3, 2020 Planning & Development Committee meeting. Page 45 Agricultural Advisory Committee of Clarington December 12, 2019 Next Meeting: Thursday, January 9, 2020 @ 7:30 pm April Stevenson, Highway of Heroes Tree Campaign Pam Lancaster, GRCA – Watershed Stewardship Program Update Jamie Davidson, CLOCA – Watershed Plan Review Update Future Agendas: Philip Lawrence, MP, Northumberland-Peterborough South Hon. Erin O’Toole, MP, Durham Robert Schafer re: Tyrone Mills Ltd. Clarington Engineering and Region of Durham Works re: 2020 capital projects Brianna Ames of Fairlife (Coca-Cola) Clarington Engineering Services (Building Division) re: National Building Code changes for farm structures anticipated for 2020 (once the changes have been confirmed) Simon Gill, Durham Region Economic Development & Tourism re: an update on the Durham Region Agricultural Strategy and Durham Region Broadband Strategy Page 46 Affordable Housing Task Force Tuesday, November 19, 2019 at 10:00 a.m. Municipal Administrative Centre, 40 Temperance Street, Bowmanville Meeting Room 1A ATTENDEES: Wendy Partner, Chair Councillor Ron Hooper, Municipality of Clarington Councillor Janice Jones, Municipality of Clarington Alan Robins, Director, Housing Services Division, Region of Durham Joyce Kufta, Parkview Lodge Charlie Trim, Parkview Lodge Carron Jensen, Imaging Home Group Selena Blake, DAFRS Carlo Pellarin, Manager, Development Review Branch, Municipality of Clarington Justin MacLean, Corporate Policy Analyst Heather Keyzers, Community Coordinator, Municipality of Clarington GUESTS Chris Seepe, Aztech Co-Living Ruby Seepe, Aztech Co-Living Joanne Kuipers, Aztech Co-Living Tim Need, President of Mahogany Management REGRETS: Mayor Adrian Foster Councillor Corinna Traill, Municipality of Clarington Bob Malone, Newcastle & Bond Head Ratepayers Association Henry W ildeboer, Former Pastor/Durham Christian Homes Milt Dakin, Forestree Place Erin O’Reilly, DAFRS Wanda Huntington, DAFRS Anthony Adrien, CMHC WELCOME Wendy brought the meeting to order and had everyone introduce themselves around the table. APPROVAL OF MINUTES Moved by Joyce Kufta, Seconded by Councillor Jones Page 47 Affordable Housing Task Force November 19, 2019 2 THAT the Minutes dated October 22, 2019 be approved. “CARRIED” PRESENTATIONS Chris Seepe of Aztech Co-Living provided a PowerPoint Presentation entitled “You’re Not Alone” highlighting the following: Vision Traditional Co-Habitation Models Traditional Co-Living Challenges Aztech Co-Living Accommodation Benefits of Tenants Preliminary Evidence Benefits to Municipality Demographics Municipal Challenges Tim Neeb, President of Mohogany Management provided a PowerPoint Presentation highlighting the following: Buildings Mohogany Management has developed: 1355 King Street 1552 Weston 2600 Eglinton 74 High Street 793 Gerrard 131 Coxwell 201 Vaughan 125 Vaughan Deauville Place Riverbank Homes Ritson Residence Madison View Homes 1505 Bowmanville Avenue Birchmount Green Further Information: Open Door Program Overview Key Eligibility Criteria Available Resources Page 48 Affordable Housing Task Force November 19, 2019 3 conclusion OTHER BUSINESS Report CAO-013-19 – Affordable Housing Toolkit – Moved by Joyce Kufta, seconded by Councillor Hooper THAT the Chair of the Affordable Housing Task Force appear before Council at the General Governance Committee Meeting on November 25th in support of the recommendations contained in the Toolkit. “CARRIED” Alan advised members that he made a presentation at the Committee of the Whole Meeting on November 13th regarding Report 2019-COW -25 At Home in Durham, the Durham Housing Plan 2014-2024 – Five-year Review. The Region of Durham made a commitment to establish 1000 new affordable housing units over the next 5 years. Alan also advised that a Planning Committee Report will be submitted next week requesting that a consultant be hired to complete an in-depth review of incentives being offered across the Region of Durham. Councillor Hooper provided an update on Charlie’s question from last week regarding the lands at Camp 30. Councillor Hooper noted that the property is influx now and that staff are working on options. Selena invited members to attend the Durham Association for Family Resources and Support’s Open House at noon on November 21 – 840 King Street, Oshawa. ADJOURNMENT The meeting adjourned at 11:40 a.m. Moved by Joyce Kufta, seconded by Selena Blake THAT the meeting be adjourned. “CARRIED” NEXT MEETING The next meeting will occur on December 17th Page 49 Affordable Housing Task Force November 19, 2019 4 Page 50 1 CLARINGTON TOURISM ADVISORY COMMITTEE Minutes of Meeting December 16, 2019, 9 a.m. Garnet B. Rickard Recreation Complex, Room 3 Members Present: Fred Archibald, Chair Ann Harley Evan King Christine McSorley Kim Neziroski Petra Schwirtz Bonnie Wrightman, CBOT Brandon Pickard, Durham Tourism Kristyn Chambers, Durham Tourism Councillor Ron Hooper Regrets: Amy Closter Staff: Andy Allison, CAO Ashlee Kielbiski, Tourism Programmer Laura Knox, Tourism Coordinator Justin MacLean, Policy Analyst Basia Radomski, Communications and Tourism Manager Guests: Peter Spratt, BakerTilly Consulting 1. Call to Order Meeting was called to order – 9:03 a.m. 2. Adoption of Agenda Moved by, Petra Schwirtz, seconded by, Evan King That the agenda for the meeting on December 16, 2019, be adopted. Carried 3. Presentations Peter Spratt facilitated a session with the Tourism Advisory Committee to create a tourism-specific vision. A vision is future-oriented, gives direction and a focus on where we want to go. Page 51 2 Strategic initiatives are the ‘how-to’ and outline short-term goals to help achieve the vision. A vision should have a feeling, an emotional response. It is an aspirational statement. A question posed: How do we showcase individual characteristics of our small communities and still find commonality and a thread that ties the larger community together? Workplan session and open discussion, working towards vision statement Following the discussion, the committee arrived at the following for further debate and discussion at the next meeting. Clarington: Unique communities where everyone will be able to enjoy our heritage through diverse recreational and leisure opportunities. Keywords/phrases: Unique communities – instead of saying ‘community of communities.’ Everyone – acknowledges diverse populations; accessible venues. Enjoy – to have fun; experience/feel warm, friendly, welcoming and safe. Heritage – natural and built/community. Diverse – a range of opportunities, not hanging onto only one event/destination/festival. Recreational and leisure opportunities – the focus of tourism is on these. 4. New Business o Basia Radomski, Organizational Review Update The Municipality has undergone an Organizational Review. One of the proposed recommendations is to change the structure and move Tourism from reporting directly to the Office of the CAO, to reporting under the Community Services Department. An implementation plan is being developed for the Council to consider and review during the budget process on February 24, 2020 5. Other Business 6. Date of next meeting: Meeting dates for March will be sent out in January 2020 7. Motion to adjourn Moved by, Petra Schwirtz; seconded by, Christine McSorley, Carried. The meeting concluded at 11:04 a.m. Page 52 Clarington Museums & Archives Meeting of the Board: December 11, 2019 MAC Meeting Room 1C, 163 Church Street, Bowmanville, Ontario Present: H. Ridge (ED), M. Morawetz, K. Warren, S. Middleton, A. Foster, M. Ross Regrets: G. Anderson 1. Call To Order: K. Warren, Chair of the Board, called the meeting to order at 7:05 p.m. 2. Adoption of Agenda: Moved by: S. Middleton Seconded by: A. Foster THAT: The agenda be approved. MOTION CARRIED 3. Disclosure of Interests: None. 4. Adoption of Previous Minutes: Moved by: A. Foster Seconded by: M. Ross THAT: The minutes of the regular meeting on November 13, 2019 be approved. MOTION CARRIED 5. Business Arising from Previous Minutes: a) Library/Museum merger: H. Ridge gave an update on the Library/Museum merger including that on December 9, 2019, Council approved Resolution GG-548-19 which outlined the transfer of assets from the Clarington Museum and Archives Board to the Clarington Pubic Library, as well as the dissolution of the Clarington Museums and Archives Board, effective January 1, 2020. In the Library’s November meeting, the Terms of Reference for the Museum and Archives Advisory Committee were approved by the Board. The members of the advisory committee were also appointed and the committee will consist of the current public members of the Museum Board, along with the addition of Councillor Joe Neal as the Council appointee. H. Ridge is also working with the Library in order to create a joint budget presentation for both organizations. 6. Correspondence: K. Warren read a letter thanking S. Reiner for her time on the board as well as her support of the Museum. The letter will be sent by H. Ridge. 7. Announcements: Page 53 A. Foster advised the Board that the budget would be delayed by several weeks . H. Ridge mentioned that the only Museum events for the rest of 2019 were school programs. 8. Reports: a) Curatorial Report A last-minute donation of Bowmanville items including a Bowmanville mug, cup and saucer and spoon set has been donated to the Museum by a local resident. H. Ridge indicated that the items are a good case for accession as the Museum does not have these items in the collection. Moved by: M. Ross Seconded by: S. Middleton THAT: All reports be received. MOTION CARRIED Moved by: A. Foster Seconded by: M. Ross THAT: the Board approve the accession of several Bowmanville items from B. Meyers. MOTION CARRIED 9. New Business: None. 10. In Camera: None. 11. Date and Place of Next Board Meeting: The next meeting of the Museum and Archives Advisory Committee will be held in early 2020 and will be called by the Clarington Public Library CEO. 12. Adjournment Moved by: S. Middleton Seconded by: M. Ross THAT: The meeting be adjourned at 7:33 p.m. MOTION CARRIED Minutes for the meeting of the Clarington Museums and Archives Board have been accepted and approved on _______________________________________________ _________________________________ _______________________________ Chair, Executive Director, Clarington Museums and Archives Board Clarington Museums and Archives Page 54 Committee Report to Council If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Report Number: GGR-001-20 Date of Meeting: January 20, 2020 Report Subject: General Government Committee Meeting of January 6, 2020 Recommendations: 1. Receive for Information a. Item 9.1 - Minutes of the Newcastle Business Improvement Area dated November 14, 2019 b. Item 9.2 - Minutes of the Ganaraska Region Conservation Authority dated November 21, 2019 2. Update from the Clarington Board of Trade - 2019 Q3 KPI Report That the Unfinished Business Item 22.3, regarding Update from the Clarington Board of Trade - 2019 Q3 KPI Report, be received with thanks. 3. Becky Jamieson, Municipal Clerk, Township of Brock, Regarding Announcement by the Minister of Municipal Affairs and Housing Aligning Provincial and Municipal Fiscal Years That the following resolution from the Township of Brock, regarding an announcement by the Minister of Municipal Affairs and Housing Aligning Provincial and Municipal Fiscal Years, be endorsed by the Municipality of Clarington: Whereas currently the municipal fiscal year in Ontario begins on January 1, while the Provincial fiscal year begins on April 1; Whereas the Province has announced that they would like to align the provincial and municipal budget years; Whereas the Province will begin consultations on aligning the Provincial and Municipal fiscal year in 2020; Whereas aligning the municipal fiscal year with the Province's will involve significant staff time and resources for all municipalities in Ontario; Now therefore be it resolved that the Township of Brock Council requests that the Province ensure that their consultation and review of the alignment of the Page 55 Municipality of Clarington Page 2 Report GGR-001-20 municipal and provincial fiscal years includes a review of the impact it will have to all municipalities in Ontario; Further, that appropriate funding to offset any costs associated with the c hange be made available to all municipalities in Ontario; and That the Municipal Clerk circulate a copy of this resolution to Minister of Municipal Affairs and Housing, M.P.P. Laurie Scott, AMCTO, AMO, MFOA, and all GTA municipalities. 4. Kevin Narraway, Manager of Legislative Service/Deputy Clerk, Town of Whitby, Regarding Gas Tax Funds That the following resolution from the Town of Whitby, regarding Gas Tax Funds, be endorsed by the Municipality of Clarington: Whereas Canada has responded to the climate change emergency through commitments to a zero carbon future; And Whereas there are global and national shifts in reducing greenhouse gas emissions from transportation by reducing reliance on fossil fuel powered vehicles; and, And Whereas the Gas Tax Funds, which are permanent and much valued sources of funding for municipal infrastructure priorities, derives funding from fossil-fuel taxation, the use of which will be reduced in the coming years as dependence on them decreases. Now therefore be it resolved: That the Council of the Town of Whitby requests the Federal Government and Provincial Government ensure that funding for municipalities through their Gas Tax Funds remains sustainable to facilitate effective service delivery and infrastructure maintenance by having the funds supplemented through means other than the taxation of gas and diesel; That the Federal Government and Provincial Government consider renaming their Gas Tax Funds to reflect more sustainable sources of funding; That the Federal Government and Provincial Government consider providing a set dollar amount or an increasing percentage of revenue to municipalities as the reliance on fossil fuels is reduced; and, That the Clerk be directed to circulate this resolution to the Region of Durham, Durham Region local municipalities, MPP Lorne Coe, MP Ryan Turnbull, AMO and FCM. Page 56 Municipality of Clarington Page 3 Report GGR-001-20 5. Memo from Amy Burke, Acting Manager of Special Projects, Regarding Emerald Ash Borer Funding Assistance That the following resolution from the Clarington Agricultural Ad visory Committee, regarding Emerald Ash Borer Funding Assistance, be endorsed by the Municipality of Clarington: Whereas the Municipality continues to address the devastating effect of Emerald Ash Borer (EAB) on public lands, at a significant cost, and is working on a long- term strategy to secure the resources necessary for the removal and replacement of EAB affected trees in rural roadside areas; And whereas farmers, as significant private landowners, are also heavily impacted by the spread of EAB across the naturalized areas of their properties; And whereas, despite there being programs and funds to support tree planting and replanting, there are no monies available to assist farmers with the removal of EAB affected trees; And whereas healthy woodlands contribute environmental, ecological, economic and health benefits to communities and Ontario’s agricultural system; Therefore, be it resolved that the Council of the Municipality of Clarington urges the Province of Ontario to renew its commitment to address the spread of invasive species through the provision of funding to Ontario farmers to assist with the cost of removing dead ash trees on private farmland; That a copy of this resolution be circulated to all Durham Region municipalities and the Region of Durham for endorsement; That a copy of this resolution be circulated to the Association of Municipalities of Ontario; and That a copy of this resolution be directed to Doug Ford, Premier of Ontario; the Honourable John Yakabuski, Minister of Natural Resources and Forestry; the Honourable Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs; Lindsey Park, MPP (Durham); and David Piccini, MPP (Northumberland - Peterborough South). 6. Myles Brandt, President & General Manager, Canadian Tire Motorsport Park, Regarding Flyby Approval Request That the Municipality of Clarington send letters of support for a flyby by Canadian Armed Forces aircraft as low as 500 feet, for the following events at Canadian Tire Motorsport Park for transit, practice and shows: Castrol Victoria Day SpeedFest - May 17, 2020, Mobil 1 SportsCar Grand Prix - July 5, 2020, Chevrolet Silverado 250 - September 6, 2020. Page 57 Municipality of Clarington Page 4 Report GGR-001-20 7. Susan Cassel, City Clerk, City of Pickering, Regarding National School Bus Safety Week and Stop Arm Cameras That the following resolution from the City of Pickering, regarding National School Bus Safety Week and Stop Arm Cameras, be endorsed by the Municipality of Clarington: That Corr. 36-19, dated October 18, 2019, from Pierre Ranger, Chair, Let’s Remember Adam – Stop for the School Bus, be endorsed; and That this resolution be circulated to the Minister of Transportation, Minister of Education, Association of Municipalities of Ontario (AMO), Durham District School Board, Durham Catholic District School Board, Conseil Scolaire Viamonde, KPRDSD, Peterborough Victoria Northumberland and Clarington Catholic School Board, Conseil Scolaire Catholique MonAvenir, Durham Regional Police Service, the Region of Durham, and all Durham Region municipalities for their consideration. 8. Amelia Humphries, City Clerk, City of Woodstock, Regarding Ban of Single- Use Plastic Handled Shopping Bags That Communication Item 10.6, Amelia Humphries, City Clerk, City of Woodstock, Regarding Ban of Single-Use Plastic Handled Shopping Bags, be received with thanks. 9. Betsy Puthon, Executive Assistant to Mayor Cam Guthrie, City of Guelph, Large Urban Mayors' Caucus of Ontario, Regarding Advocacy Funding Initiative That Council approve the $5000 contribution to LUMCO's advocacy initiative to be pa id from the Rate Stabilization Reserve Fund. 10. Contracting Out of Snow Plow Routes That Report OPD-001-20 be received; That Council approve, as requested in the 2019 Capital Budget submission, the purchase of two additional single axle combination plow tru cks that are to be 90% funded through development charges; and That staff be directed to issue a tender as soon as possible requiring that two pieces of equipment be provided on November 1, 2020; and add additional routes to the contract each year as existing combination snow plow trucks reach the end of their service life and are scheduled for replacement. 11. Automatic Aid Agreement – Oshawa Fire Services – Highway 401 Update That Report ESD-001-20 be received; That the Mayor and Clerk be authorized to exec ute the Automatic Aid Agreement with Oshawa Fire Services, Attachment 1 to Report ESD-001-20; and Page 58 Municipality of Clarington Page 5 Report GGR-001-20 That all interested parties listed in Report ESD-001-20, and any delegations be advised of Council’s decision. 12. 2019 Community Event Sponsorship Request – Fall Intake Missed Application That Report CSD-001-20 be received; That the Sponsorship Application #S20-07, from Doors Open Clarington, be approved in the amount of $2000.00; and That the interested parties listed in Report CSD-001-20, and any delegations be advised of Council’s decision. 13. Fireworks By-law 2015-047 That Report CLD-001-20 be received; That the Municipal Law Enforcement Division, Emergency & Fire Services Department, and the Communications Division be directed to develop and implement an education campaign to raise awareness of the issues related to fireworks; and That all interested parties listed in Report CLD-001-20 and any delegations be advised of Council’s decision. 14. Temporary Borrowing By-law for 2020 That Report FND-001-20 be received; and That the By-law attached to Report FND-001-20 as Attachment 1, be approved. 15. Deep Retrofit Program Funding Whereas the Municipality of Clarington strives to sustain our environment for future generations and to foster a heathy community that nurtures the wellbeing of residents to provide a high quality of life indefinitely; Whereas the Municipality of Clarington recognizes that it has a role in reducing the local and global environmental damages associated with the production, transportation and use of energy; Whereas the Municipality of Clarington recognizes the need to reduce the greenhouse gas emissions that are contributing to climate change to minimize the likelihood of catastrophic climate change and the damaging impacts that it will have on humans and the environment; Whereas the Municipality of Clarington is taking action to implement climate change mitigation and adaptation actions that are within our control through energy conservation and demand management planning and the development of the Clarington Climate Action Plan; Page 59 Municipality of Clarington Page 6 Report GGR-001-20 Whereas the Municipality of Clarington recognizes the need for energy expenses to be minimized to minimize the financial burden on residents, businesses and the municipality; and Whereas the Municipality of Clarington has collaborated on the development of the Durham Community Energy Plan, which promotes deep energy retrofits as a key action to transition to a prosperous low carbon economy and ensure the wellbeing of our community and environment; Now therefore be it resolved That the Council of the Municipality of Clarington encourages the Provincial Government of Ontario and Federal Government of Canada to develop and financially support programing that helps residents, businesses and municipalities reduce their energy consumption and associated greenhouse gas emissions; That the Mayor, on behalf of Clarington Municipal Council, be directed to forward this resolution to the Right Honorable Justin Trudeau, Prime Minister of Canada, with the request that the Federal Government dedicate funding to develop and fund programs that assist residents, businesses and municipalities to undertake deep energy retrofits; That the Mayor, on behalf of Clarington Municipal Council, be directed to forward this resolution to the Honourable Doug Ford, Premier of Ontario, with the request that the Government of Ontario dedicate funding to develop and fund programs that assist residents, businesses and municipalities to undertake deep energy retrofits; That a copy of this resolution be forwarded to the Honourable Erin O’Toole, MP (Durham), Honourable Philip Lawrence MP (Northumberland-Peterborough South), Lindsey Park, MPP (Durham), David Piccini, MPP (Northumberland-Peterborough South); and That a copy of this resolution be forwarded to the Region of Durham. 16. Motion arising out of the Delegation from the Clarington Board of Trade (Considered earlier in the meeting Item #2) That the Municipal Solicitor be directed to provide answers to the following questions, for the March 9, 2020 General Government Committee meeting. 1. Do the Municipality of Clarington and the Regional Municipality of Durham have the same jurisdictional powers? 2. Does the Municipality of Clarington have jurisdictional power under the Municipal Act to provide economic development services? 3. Does the Regional Municipality of Durham have the jurisdictional power under the Municipal Act to provide economic development services? 4. Does the Regional Municipality of Durham have the authority to delegate jurisdictional powers to the Municipality of Clarington? 5. Does the Municipality of Clarington have the authority to delegate the Regional Municipality of Durham’s jurisdictional power to provide economic development Page 60 Municipality of Clarington Page 7 Report GGR-001-20 services as defined in section 1(1) of the Municipal Act to the Clarington Board of Trade? 6. Does the Municipality of Clarington have the authority to delegate to the Clarington Board of Trade its legislative and quasi-judicial powers regarding economic development services? 7. Does the Municipality of Clarington have the authority to delegate its legislative and quasi-judicial powers regarding economic development services indirectly, via an officer or employee of the Municipality of Clarington? 8. When the Municipality of Clarington originally passed a by-law contracting the Clarington Board of Trade to provide economic development services, did this action create a conflict between a by-law passed by a lower-tier municipality and a by-law passed by its upper tier municipality? If so, would section 13.1(1) of the Municipal Act render Clarington’s by-law inoperative to the extent that it frustrates an integral part of a system of its upper tier municipality (i.e. the provision of economic development services)? 9. Do any municipal, provincial or federal statutes regarding conflict of interest apply to members and to employees of the Clarington Board of Trade? 10. What mechanisms including accountability mechanisms and disciplinary mechanisms are in place currently to regulate employees and to regulate members of the Clarington Board of Trade? 11. Are the employees and members of the Clarington Board of Trade regulated by the Ontario Municipal Act Part V.1 with respect to code of conduct, duty of confidentiality, inquiries and investigations? 12. In the event it is confirmed that the Municipality of Clarington, a lower-tier Municipality, has violated the Municipal Act by contracting economic development services to the Clarington Board of Trade, Is there any legal liability attaching to the Municipality of Clarington regarding same, generally and specifically, with reference to third party actions brought against the Municipality (i.e. for interference with ? Are there any consequences for individual Councillors for allowing a continuance of the arrangement? 13. Would the current arrangement between the Clarington Board of Trade and the Municipality of Clarington violate the doctrine of “good faith” in the performance of contracts, as set forth in Bhasin and Hrynew? 14. In the event it is confirmed that the Municipality of Clarington and the Clarington Board of Trade’s current arrangement violates the Municipal Act, would the Durham Insurance Pool cover the costs of any third party legal action brought against the Municipality arising out of same? 15. If the contract with the Clarington Board of Trade is not rendered ino perative or invalid on the grounds of being ultra vires and/or void ab initio by virtue of the delegation of powers under the Municipal Act, and specifically, the delegation of economic development services, can Municipality of Clarington to terminate the current Clarington Board of Trade contract and enter into an agreement with the Region of Durham for the Region of Durham to provide economic development services for Clarington? Page 61 Municipality of Clarington Page 8 Report GGR-001-20 16. Can the contract between Clarington and the Region of Durham to provide economic development services for Clarington include accountability measures, such as benchmarks and a quarterly report to Council on progress? 17. Is there a clause in the contract which we have signed with CBOT which restricts CBOT from conducting any political activities? 18. If yes to above, why does CBOT host an all candidates meeting every time we have an election? 19. Would it be considered a conflict of interest if a member of Council was a current board member of CBOT? What about a past President of the CBOT? That the CAO be directed to provide answers to the following questions, for the March 9, 2020 General Government Committee meeting. 1. Over the last ten years, how much has the individual taxpayer in Clarington paid to the Clarington Board of Trade? 2. What was the 2018 annual cost of these services (per taxpayer)? 3. What was the 2019 annual cost of these services? (per taxpayer) 4. What is the projected 2020 cost of these services? (per taxpayer) 5. Using the current financial modelling, what is the projected cost of the Clarington Board of Trade providing the Municipality of Clarington with economic development services over the next ten years? (per taxpayer and globally) 17. Street Naming Whereas the Price family has contributed significantly to Clarington, starting with James Sydney Price who received the British War Medal and the Victory Medal for his service in World War 1; Whereas the Price family has been farming in Bowmanville since 1931 and Price’s Country Market vegetable stand and farm has been a staple in east Bowmanville for the past 30 years; Whereas the Price family has donated vegetables, decorations, flowers and Christmas trees to Bowmanville churches, local schools, and donated pumpkins to the Bowmanville Veterinary Clinic for its fundraising for the Farley foundation which helps other-abled people with payment of veterinary bills the Bowmanville Museum the Bowmanville Legion, and sponsored Concerts in the Park; Whereas, with Phyllis Price having been a teacher in Clarington for thirty years, the Price family also provided school tours to local school children to teach young people about the importance of farming and growing local; Now therefore be it resolved that: 1. In recognition of the contributions of the Price family, Clarington waive its street - naming by-law to allow a new street to be named for Terry Price, with proximity to Price’s Market being the primary consideration when selecting a street; 2. The Price family be advised of Committee’s decision; and Page 62 Municipality of Clarington Page 9 Report GGR-001-20 3. Recognition of Terry Price and his family’s contributions be made at the ratification of this Motion, if passed. 18. Skate Trail Whereas Clarington has over twenty-one kilometres of trails and is committed to promoting active and healthy living, and Whereas ice skating trails are currently one of the most popular winter activities in Ontario; and Whereas Clarington residents have expressed a strong support for an ice skating trail in Bowmanville; Now therefore be it resolved that: 1. Staff investigate and report back on building and operating a one kilometre looped ice skating trail similar to the trail located at Arrowhead Provincial Park in the north quadrant of the former Bowmanville Zoo property, i.e. north of the bridge over Soper Creek, with Staff considering funding options, including having the cost of annual trail construction, operation and maintenance to be paid or subsidized via skate trail / park user fee (i.e. $20 per vehicle); 2. Staff investigate and report back on alternate or additional future sites for ice skating trails, and potential skate trail connectivity; including: a. The Soper Creek floodplain east of Hobbs Drive (parking at Soper Creek Park and on south side of Highway 2 at Bowmanville Zoo, with easy access to bring in Zamboni); and b. The future Camp 30 site. 3. Staff report back on whether ice resurfacing equipment can be borrowed from existing facilities or if specialized equipment needs to be purchased (i.e. a Zamboni attachment for a tractor; water truck); and 4. Staff be invited to seek input from other Municipalities which operate ice skating trails; and 5. Staff report back to Committee by July, 2020 with recommendations for inclusion in the 2021 budget. 19. United Shorelines Ontario (USO) Clarington Rally That the information regarding the date and location of the United Shorelines Ontario (USO) Clarington rally, in protest of the International Joint Commission’s (IJC) Plan 2014, be referred to the Communications Division to be placed on Clarington’s website as well as preparation of a media advisory, when the information becomes available. Page 63 Municipality of Clarington Page 10 Report GGR-001-20 20. Miscellaneous Catch Basin and Maintenance Hole Repairs That Report COD-023-19 be received; That Coco Paving Inc. having satisfactorily completed the initial one year term as approved in Resolution #C-047-19 (Attachment #1), with an annual bid in the amount of $133,032.00 (Net HST Rebate) being the lowest compliant bidder meeting all terms, conditions and specifications of Tender CL2018-33 be awarded the contract for a second one year term, as required by the Operations Department; That pending satisfactory performance and the Operations Department confirmation following an internal work assessment the Purchasing Manager, in consultation with the Director of Operations, be given the authority to extend the contract for this service for up to two additional one year terms; That the funds required for this project in the amount of $139,683.00 (Net HST Rebate) which includes the construction cost of $133,032.00 (Net HST Rebate) and contingency cost of $6,651.00 (Net HST Rebate) be funded by the Municipality as follows: Description Account Number Amount Catch Basin/Sewer Mntnc 100-36-380-10245-7163 77,000 Engineering Pavement Rehab 110-32-330-83212-7401 62,683 That all interested parties listed in Report COD-023-19, and any delegations be advised of Council’s decision. 21. Memo from Anne Greentree, Municipal Clerk, regarding Correspondence Item 10.1 and Item 3 of General Government Report Dated November 4, 2019- Report CLD-023-19 Regarding Taxicab Drivers Licence Application – Appeal That Confidential Report CLD-023-19 be received; That the application for a taxi driver licence, submitted by Sandra MacDonald, be denied; and That all interested parties listed in Report CLD-023-19 and any delegations be advised of Council’s decision. Page 64 Committee Report to Council If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Report Number: GGR-002-20 Date of Meeting: January 20, 2020 Report Subject: Special General Government Committee meeting of January 10, 2020 Recommendations: 1. Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board, Regarding the 2020 Operating and Capital Budget That the delegation of Linda Kent, Library Director, Clarington Public Library and Steven Cooke, Chair, Clarington Public Library Board, Regarding the 2020 Operating and Capital Budget, be received with thanks. 2. Angie Darlison, Executive Director, Bowmanville Older Adult Association, Regarding the 2020 Operating and Capital Budget That the delegation of Angie Darlison, Executive Director, and David Penney, Vice President, Bowmanville Older Adult Association, be received with thanks. 3. Veronica Breen, Coordinator, Clarington Youth Centres (John Howard Society), regarding the 2020 Operating and Capital Budget That the delegation of Veronica Breen, Coordinator, and Patti Harrington, Finance Manager, Clarington Youth Centres (John Howard Society), be received with thanks. 4. Dionne Powlenzuk, Executive Director, Visual Arts Centre of Clarington, Regarding the 2020 Operating and Capital Budget That the delegation of Dionne Powlenzuk, Executive Director, Mary-Anne Slemon, President, and John Clausen, Treasurer, Visual Arts Centre of Clarington (VAC), be received with thanks. Page 65 Municipality of Clarington Page 2 Report GGR-002-20 5. Deb Kalogris, Manager, Home Support – Clarington, Community Care Durham, and James Meloche, Executive Director, Community Care Durham Regarding the 2020 Operating and Capital Budget That the delegation of Deb Kalogris, Manager, Home Support – Clarington, Community Care Durham, and James Meloche, Executive Director, Client Services, Community Care Durham (CCD), be received with thanks. Page 66 Committee Report to Council If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Report Number: PDR-001-20 Date of Meeting: January 20, 2020 Report Subject: Planning and Development Committee Meeting of January 13, 2020 Recommendations: 1. Receive for Information a. Item 10.1 - Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Authorization to Initiate a Comprehensive Review for the Design of a Proposed Community Improvement Plan for Durham Region b. Item 10.2 - Ralph Walton, Regional Clerk/Director of Legislative Services, Region of Durham, Regarding Envision Durham - Housing Policy Planning Discussion Paper 2. Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study That Report PSD-001-20 be received; That the final recommendations of the Bowmanville Neighbourhood Characte r Study be received for information; That the recommendations contained in Section 6.3.1 relating to Trees be forwarded to the Operations Department for consideration; That the recommendations contained in Section 6.3.2 relating to Heritage be forwarded to the Clarington Heritage Committee for consideration; That the proposed applications for an Official Plan Amendment COPA2019 -0002 and Zoning By-law Amendment ZBA2019-0019 continue to be processed including the preparation of a subsequent report; and That all interested parties listed in Report PSD-001-20 and any delegations be advised of Council’s decision. Page 67 Municipality of Clarington Page 2 Report PDR-001-20 3. Bethany McMahon, Administrative Assistant, Town of Deep River, Regarding Premiers to Develop Nuclear Reactor Technology That the following resolution from The Town of Deep River, regarding Premiers to Develop Nuclear Reactor Technology, be endorsed by the Municipality of Clarington: Be it resolved that the CBC News report entitled "Group of premiers band together to develop nuclear reactor technology", be received, and Whereas the Premiers of Ontario, Saskatchewan and New Brunswick have announced their intention to work together on the development of small modula r reactors to help their provinces reduce carbon emissions and address the challenges of climate change; Whereas Canada has demonstrated excellence and leadership in the nuclear industry on the world stage for more than 70 years; Whereas the Canadian nuclear industry is one of the safest and most well- regulated energy sectors in the world under the oversight of the Canadian Nuclear Safety Commission; Whereas the citizens of Ontario have enjoyed the benefits of safe, clean, low- carbon energy produced by Ontario's nuclear industry for over 50 years; Whereas small modular reactors have the potential to provide municipalities, especially rural and northern municipalities, with an innovative technology that provides a safe, \ow-carbon alternative to meet energy demands; therefore, Be it resolved the Town of Deep River write to the Premiers of Ontario, Saskatchewan and New Brunswick to express support for their decision to work together on the development of small modular reactor technology as a safe, low- carbon energy option; That the Town of Deep River write to the Prime Minister of Canada, Minister of Natural Resources, and the remaining provincial premiers asking that they support investment in the research and development of small modular reactor technology as an innovative, safe, low-carbon energy option; and That this resolution be circulated to all upper and lower-tier municipalities in Ontario, and the Federation of Canadian Municipalities, for their consideration. 4. An Application by Bowmanville Village Inc. for a Removal of Holding That Report PSD-002-20 be received; That the application submitted by Bowmanville Village Inc. to remove the Holding (H) symbol be approved as contained in Attachment 1 to Report PSD -002-20; That Council’s decision and a copy of Report PSD-002-20 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD-002-20 and any delegations be advised of Council's decision. Page 68 Page 69 Page 70 Page 71 Page 72 Attachment 2 Page 73 Presentations and Handouts Plan 2014, emergency response, and Durham Region event Clarington Council, January 20th 2020 FACTS: 1.Plan 2014 did not CAUSE the flooding. But it extends it and makes the water higher. 2.We received record rains and snow, and Lake Erie is at record highs. This is INFLOW. Plan 2014 is an OUTFLOW plan. 3.THERE IS NO MAGICAL PLAN THAT WILL STOP ALL FLOODING. 4.The IJC gave permission for Plan 2014 deviation until June 2020 at the end of NOVEMBER. However, we have been following the plan since (+200 m3s), and up to January 1st 2020. We are now back to following the plan due to the I-limit (Ice) The Old Plan (1958) More highs, and higher highs by design More lows and lower-lows by design 3 The New Plan (2014) From a 4’ range to a 7’ range… then add ½ –2 meter waves!4 ft range TRIGGER LEVELS: By the time the upper trigger level is reached, there is NO TIME left of avoid disaster. By the IJC’s own account, they cannot move water that quickly. 4 With F-Limit F-Limit: Montreal © Bernd Gigas, 04-SEP-2019 Unauthorized Voice and/or Image Recording and/or Distribution is prohibited No F-Limit L-Limit, Shipping © Bernd Gigas, 04-SEP-2019 Unauthorized Voice and/or Image Recording and/or Distribution is prohibited MOST IMPORTANTLY: Criteria H14 In the event that Lake Ontario water levels reach or exceed high levels, the works in the International Rapids Section shall be operated to provide all possible relief to the riparian owners upstream and downstream. 7 Forecast Assumptions: •Lake Erie flow into Lake Ontario will continue at high levels •Precipitation for July to December 2019 follows the same trends as 2017 & 2018 •Lake Ontario outflows are capped at the L- Limit (navigation) + 200 m3/s © Bernd Gigas, 04-SEP-2019 Unauthorized Voice and/or Image Recording and/or Distribution is prohibited If the Outflows continue to be set by L-Limit (navigation) and we have a wet Spring 2020, 250 feet is foreseeable United Shoreline Asks 1.Equitable representation for Ontario on the Control Board (Premier Ford has supported this request and has written to the IJC to request this representation) 2.That the IJC revoke the unbalanced Plan 2014 policies that both worsen and extend flooding in high water for Lake Ontario, and replace them with truly balanced policy that distributes injury and benefits fairly to all stakeholders. 3.That Conservation Authorities urgently streamline their processes and policies to enable homeowners to do what is necessary to effectively protect /restore their safety, their homes and their property from flooding. 4.A provincial standard for municipal emergency flood response, with the required provincial funding and resources to support it. 5.A review of Provincial and Federal disaster recovery programs and policies to better align with the impacts of Lake Ontario / St. Lawrence River flooding and erosion. Today’s Ask 1.That Council join the City of Ajax in hosting the High Water / Flood talks being held in Ajax on January 30th, 2020, which includes using Clarington’s name in the marketing and outreach 2.That Clarington Fire or Operations present a 10-15 minute presentation on Emergency Management