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COUNCIL AGENDA
DATE: MONDAY, JANUARY 27, 2014
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
The Municipality of Clarington makes an audio record of Council meetings. If you make
a delegation /presentation to 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 also be video recorded.
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council January 13, 2014
PRESENTATIONS
a) Mary Ann Found - Women of Excellence in Agriculture Award
DELEGATIONS (List as of Time of Publication)
a) Valerie Cranmer, Valerie Cranmer and Associates - Application for a Clarington
Official Plan Amendment and Rezoning to Allow Camping on Lands Adjacent
to Canadian Tire Motorsport Park (Item 6 of Report #1) (Motion to Suspend the
Rules of Procedure required)
COMMUNICATIONS
Receive for Information
1- 1 Minutes of the Newcastle Memorial Arena Management Board dated
November 12, 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
Council Agenda - 2 - January 27, 2014
1 - 2 Minutes of the Agricultural Advisory Committee of Clarington dated January 9,
2014
1 - 3 Minutes of the Ganaraska Region Conservation Authority dated December 12,
2013
1 - 4 Debra Nicholson, Local Area Manager Durham, Canada Post — Potential
Closure on Saturdays and Realignment of Hours at Kendal Post Office
Receive for Direction
D - 1 Michael Blake, Planning and Economic Development Department, Region of
Durham — 2014 DEAC Environmental Achievement Awards
D - 2 Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington —
Request for Partial Closure of Clarington Boulevard for Road Hockey
Tournament
D - 3 Nancy and James McGarvie — 2014 5k and 10k Easter Dash
D-4 Carol Horvat, Executive Assistant to the Mayor, City of Mississauga - 2013 Ice
Storm Resolutions
D - 5 Randy Pettapiece, MPP, Perth - Wellington — Resolution on Joint and Several
Liability
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of January 20, 2014
STAFF REPORT(S)
1. Addendum to Report PSD- 009 -14 - Application for a Clarington Official Plan
Amendment and Rezoning to Allow Camping on Lands Adjacent to Canadian
Tire Motorsport Park (Republic Live Inc.)
UNFINISHED BUSINESS
BY -LAWS
PROCEDURAL NOTICE(S) OF MOTION
OTHER BUSINESS
CONFIRMING BY -LAW
ADJOURNMENT
1,�.<lll 11
Leading the {gap
Council Meeting Minutes
JANUARY 13, 2014
Minutes of a regular meeting of Council held on January 13, 2014 at 7:00 p.m., in the
Council Chambers.
Councillor Partner led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Absent: Councillor M. Novak
Also Present: Chief Administrative Officer,. F. Wu
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Corporate Initiatives Officer, C. Clifford
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Communications Co- ordinator, J. Vreeker, attended
until 7:20 p.m.
Director of Emergency Services /Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk,.P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Neal indicated that he would be declaring a pecuniary interest with respect
to Item 7 of Report #1.
ANNOUNCEMENTS
Councillor Partner announced the following:
• Kendal Community Hall Board "Open Mic" on Saturday, January 18, 2014, from
1:00 p.m. to 5:00 p.m. at the Kendal Community Hall — Tickets are $5.00
Council Meeting Minutes - 2 - January 13, 2014
Newtonville Community Hall Board, Chili Dinner on Sunday, January 19, 2014,
at the Newtonville Community Hall from 4:30 p.m. to 6:30 p.m. — Tickets are
$12 for adults, $6 for children aged 4 to 12 and free for children under 4 years
of age
100th Centennial Celebrations of the Newcastle Horticultural Society
commencing in May. The Society will be hosting 150 entrants from their district
including 12 societies in Durham Region, monthly meetings with workshops
and speakers, a Garden Party on June 22 and various free community events.
The Society is looking for volunteers and corporate sponsors and those
interested are asked to contact Jeany at 905 - 987 -1746 or jeany@rogers.com
Councillor Woo announced the following:
Information Meeting regarding the Community Grant Program on January 16,
2014, 7:00 p.m. at the Courtice Community Complex. Deadline for submission
of grant applications is February 28, 2014
Clarington Tourism Marketing Board Annual General Meeting on January 28,
2014, at 6:00 p.m. at the Holiday Inn Express Hotel and Suites
Mayor Foster will address members of the Newcastle Bond Head Ratepayers'
Association at their meeting on January 20, 2014, at 7:30 p.m. at the Newcastle
Community Hall
Councillor Hooper announced the following:
• Celebrate Clarington's Agricultural Heritage during Heritage Week 2014 -
February 17 to 23, 2014 with activities at sites throughout the municipality,
historical exhibits, presentations, movies, kettle corn, prizes and more. Further
information is available at heritage. clarington. net or 905 - 623 -2734
• Clarington Older Adult Association Events:
• Heritage Week Dinner & Auction with keynote address by Sandy Hawley
at the Courtice Community Complex on February 15, 2014, 6:00 p.m.`
sponsored by the Rotary Club of Courtice. Tickets are $60 per person
and include dinner, draws, and auction. Contact Judy MacDonald at
905 - 436 -1509, Sharon Mansfield, courticecoaa(a-).rogers.com or
courticerotaryevents (a),rogers.com for tickets or to make a donation
• Agricultural Luncheon on February 18, 2014, at 12:00 noon. The COAA
is looking for celebrity servers
• Traditional Barn Dance on February 21, 2014, 8:00 p.m. at the Beech
Centre, -with live country music by Larry Adams and the Good Tyme
Band. Tickets are $10
Councillor Traill announced on Saturday, January 18, 2014, from 2:00 p.m. to
7:00 p.m. at 588 Markham Street, Toronto, there will be a portrait exhibit presenting
selected works from the Tyrone Community Centre Private Collection of Portraits by
Neil Newton and introducing Stephen Gilligan, Irena Hauck, Vitas Luckus and
Steve Stober, with a pop -up concert to follow at 8:00 p.m.
Council Meeting Minutes - 3 - January 13, 2014
Mayor Foster announced the following:
• World Religion Day on Sunday, January 19, 2014, being held in Sunderland
• Big Brothers /Big Sisters of Clarington Information Session on Volunteering on
January 22, 2014, from 7:00 p.m. to 8:00 p.m.
• Rabbie Burns Luncheon on January 21, 2014, from 11:30 a.m. to 1:30 p.m. at
the Beech Centre
• Port Hope Area Initiative is looking for three volunteers for the Port Granby
Project. Contact the Municipal Clerk's office for information
• Newcastle's Tara Watchorn will compete at the 2014 Olympics in Sochi as part
of the Canadian Women's National Hockey Team
• Councillor Woo will assume the duties of Deputy Mayor for 2014
Resolution #C- 001 -14
Moved by Councillor Traill, seconded by Councillor Woo
THAT the minutes of a regular meeting of Council December 16, 2013, be approved
as amended to add the word "perceived" prior to the words "pecuniary interest" where
Councillor Neal declared an interest with respect to Resolutions #C- 418 -13 and
#C- 419 -19, Correspondence Item D - 11 and Item 10 of Report #1.
PRESENTATIONS
Mayor Foster presented a Certificate of Recognition to Gord and Garry Geissberger
acknowledging their receipt of the 2012 Leaders in Innovation Award for Agri -Food
Innovation Excellence for the Geissberger Farmhouse Cider Inc. Mobile Cider Mill.
Dietmar Reiner, Senior Vice President, Nuclear Refurbishment, Ontario Power
Generation (OPG), addressed Council to provide OPG's annual update on the
Darlington Refurbishment Project. Prior to conducting a PowerPoint presentation,
Mr. Reiner highlighted OPG plans and initiatives for 2014 which will ensure OPG
remains a cost - efficient, accountable, financially strong, sustainable organization.
Mr. Reiner reviewed the scope of work for the three phases of the refurbishment
project including the initiation phase (2007- 2009), the definition phase (2010 -2015)
and the outage execution phase (2016- 2024). Mr. Reiner highlighted the status of the
regulatory approvals, noting the Environmental Assessment is complete and a follow -
up program has been established, the Integrated Safety Review has been accepted
by the Canadian Nuclear Safety Commission (CNSC) staff, the Global Assessment
Report/Integrated Implementation Plan and the licence renewal application to the end
of refurbishment have been submitted to the CNSC. Mr. Reiner indicated that public
hearings are anticipated to be held in the fall of 2014. Mr. Reiner provided a review of
the facilities and site infrastructure needed to support refurbishment and continued
operation, the status of four safety improvement projects, and the Darlington Energy
Complex (DEC) including the office complex, visitor centre and warehousing.
Council Meeting Minutes - 4 - January 13, 2014
He noted the construction /installation of the full -scale mock up reactor is on schedule
with anticipated completion in early 2014 and that specialized tooling is being
designed and built to support the refurbishment work. He further outlined work
definition, planning, prerequisite keys to success with respect to inspections and
approvals, awarding of contracts, finalizing project scope and engineering work,
procurement of materials, and development of a Release Quality cost estimate and
full schedule for outage to be used as a yardstick to monitor and judge progress.
Mr. Reiner summarized by stating that the Darlington Nuclear Generating Station is a
top - performing station in excellent condition, has a proven track record of successful
projects, and has a strong leadership team with strong community support.
Mr. Reiner highlighted economic benefits of the project including the creation of
approximately 2,000 jobs at peak construction and thanked Council for their support of
the project.
DELEGATIONS
There were no delegations scheduled for this meeting.
COMMUNICATIONS
Resolution #C- 002 -14
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 5, 1 - 7, 1 - 9 and I - 13.
1 - 1 Minutes of the Agricultural Advisory Committee of Clarington dated
December 12, 2013
1 - 2 Minutes of the St. Marys Cement Community Relations Committee dated
November 26, 2013
1 - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated November 12, 2013
1 - 4 Minutes of the Clarington Museums and Archives Board dated
December 11, 2013
Council Meeting Minutes - 5 - January 13, 2014
1 - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
December 16, 2013, Oshawa City Council adopted the following resolution
pertaining to E -bike Community Consultation and Recommendation:
1. THAT based on Report CS -13 -106 dated November 27, 2013,
summarizing research and feedback obtained from the community and
stakeholders, the City amend relevant by -laws as necessary to safely
integrate a -bikes on recreational trails and to prohibit the use of e -bikes
on sidewalks; and
2. THAT staff develop a communication and awareness strategy to
educate and engage the community on the responsibilities and proper
use of e -bikes in the community and include the cost of such strategy as
part of the 2014 Community Services Operating Budget submission;
and
3. THAT a copy of this report be sent to area municipalities for future
consideration in the development of a consistent policy with respect to
the use of e -bikes throughout Durham Region."
1 - 8 Todd Case, Warden, County of Lambton, writing to the Honourable Linda
Jeffrey, Minister of Municipal Affairs & Housing, advising that on November
27, 2013, the Corporation of the County of Lambton adopted the following
resolution pertaining to the requalification of Municipal Building Officials:
"WHEREAS, municipal building officials are the main practitioners of the
Ontario Building Code (OBC) and use the OBC on a daily basis in the
carrying out of their duties;
AND WHEREAS, Bill 124 that passed in 2005 required all municipal
building officials to undertake a series of qualification exams;
AND WHEREAS, a subsequent regulation 332/12 (knowledge and
maintenance examinations) requires our already qualified officials to
requalify by taking a similar series of qualification exams again;
AND WHEREAS, this requalification process will provide municipalities with
financial hardships in terms of registration costs, mileage costs, days away
from the office to undertake their regular duties in performing timely
inspections that is expected by the building industry;
AND WHEREAS, municipal building officials acknowledge the need to stay
current with legislation and to undergo necessary training to do so;
AND WHEREAS, the builders and home owners will suffer slower response
time for building permits and inspections until all of the building officials are
qualified;
Council Meeting Minutes - 6 - January 13, 2014
NOW THEREFORE, The Corporation of the County of Lambton, in support
of the Southwestern Chapter of the Ontario Building Officials Association
resolves:
THAT any amendments to the OBC include provisions for training
opportunities rather than requalification examinations as the means by
which building officials remain current of changes to the OBC.
THAT municipal building officials, as the primary practitioners of the OBC,
receive the same treatment as plumbers, electricians, professional
engineers and architects with regards to exemption from requalification.
THAT the negative impact and delays that Ontario regulation 332/12 will
have on the issuance of permits, inspections and response times to
inquiries by municipal building officials should be taken in to consideration.
THAT municipalities and taxpayers be spared the cost of `knowledge
maintenance examinations' under the proposed amendment to the OBC
which will provide undue hardship to municipalities through lost
productivity, early retirement and costs associated with the 13 categories of
examinations required by fully qualified inspectors."
1 - 10 Ontario Federation of Snowmobile Clubs (OFSC) Media Release clarifying
that despite persistent rumours and considerable misinformation
throughout the fall, all OFSC Prescribed Trails presently operated under
existing land use agreements on Crown Lands used by Ontario Hydro will
remain in place for this winter and will be available as soon as local
snowmobile clubs have them ready for riding.
I - 11 Andre Marin, Ombudsman Ontario, forwarding two copies of his Annual
Report on Investigations of Closed Municipal Meetings for the period
September 12, 2012 to August 31, 2013, conducted by the Open Meeting
Law Enforcement Team (OMLET) to raise awareness of the open meeting
requirements and best practices; advising that during this period, 243
investigations were handled by OMLET; forwarding pocket -sized cards for
Council members that include "best practices for closing meetings "; and,
advising that the report and other information about municipal
investigations can be found at www. ombudsman. on. ca.
Council Meeting Minutes - 7 - January 13, 2014
1 - 12 Roger Anderson, Chair and CEO and Garry H. Cubitt, Chief Administrative
Officer, Regional Municipality of Durham, advising that 2014 is the 40th
Anniversary of the creation of the Region of Durham; indicating that on
January 7, 2014, the celebration was launched with an unveiling at
Regional Headquarters, anniversary announcements and the debut of the
new 40th anniversary Durham video and webpages on the www.durham.ca
site; and, extending an invitation to everyone across the Region to "Join the
Celebration" by attending the 40th Anniversary Open House on June 26,
2014, from 5:00 p.m. to 9:00 p.m. at the Regional Headquarters for a
community event with displays, a barbeque, cake and fun for the whole
family.
1 - 14 Tyler Drygas, Consultant Senior Environmental Planner, URS, advising that
URS Canada Inc. was retained by the Ontario Ministry of Transportation
(MTO) to undertake a Preliminary Design and Class Environmental
Assessment Study for the rehabilitation and widening requirements for
Highway 401 from Courtice Road to the Durham Regional Boundary (East
Townline Road); indicating that a Transportation Environmental Study
Report (TESR) has been prepared to document the transportation
problems and opportunities, the generation, assessment and evaluation of
alternatives, the Recommended Plan for improvements, summary of
potential environmental effects and proposed mitigation measures and
summary of consultation undertaken; enclosing the "Notice of Study
Completion and Transportation Environmental Study Report Submission ";
and, indicating that the TESR will be available for public review from
January 10 to February 10, 2014, at various locations including the
Municipal Clerk's Department and the Clarington Public Library,
Bowmanville and Newcastle Branches.
1 - 5 Jim Richards writing to Linda Laliberte, CAO and Members of the
Ganaraska Region Conservation Authority (GRCA), extending appreciation
for endorsing guidelines prohibiting logging operations on GRCA lands
between April 1 and July 31 of any given year; thanking Clarington Council
for endorsing his call to action following his October 21st delegation, and in
particular, thanking Councillor Partner for her dedication to a speedy
resolve of outstanding issues; and, reminding Members of the Board of
their responsibility to the public in managing renewable resources and
protecting and enhancing natural resources.
Council Meeting Minutes - g - January 13, 2014
Resolution #C- 003 -14
Moved by Councillor Partner, seconded by Councillor Neal
THAT Correspondence Item I — 5 from Jim Richards, with respect to logging
guidelines for the Ganaraska Region Conservation Authority, be received for
information.
"CARRIED"
1 - 9 Melodee Smart, Administrative Assistant, Works Department, Regional
Municipality of Durham, forwarding copies of the following documents, in
accordance with the Notice of Approval to Proceed with the Undertaking
regarding the Amended Environmental Assessment for Durham and York
Residual Waste Study, Condition 3 Public Record:
• Letter to the Ministry of the Environment dated November 27, 2013,
regarding Submission of the September 2013 Complaint and Inquiry
Logs
• Durham York Energy Centre Project Team Log (September 2013)
• Letter to the Ministry of the Environment dated December 9, 2013,
regarding Submission of the October 2013 Complaint and Inquiry
Logs
• Durham York Energy Centre Project Team Log (October 2013)
• Letter to the Ministry of the Environment dated December 9, 2013,
regarding Submission of the Durham York Energy Centre Ambient
Air Monitoring 2nd and 3rd Quarterly Reports
• Quarterly Ambient Air Quality Monitoring Report for the Durham
York Energy Centre — May -June 2013 (Q2) (November 29, 2013)
• Quarterly Ambient Air Quality Monitoring Report for the Durham
York Energy Centre — July- September 2013 (Q3) (November 29,
2013)
• Letter from the Ministry of the Environment dated October 24, 2013,
regarding Submission of Third Party Independent Audit Plan —
Operations Phase
• Letter to the Ministry of the Environment dated October 1, 2013,
regarding Submission of Third Party Independent Audit Plan —
Operations Phase
• Durham York Energy Centre Operations Phase Audit Plan; and
advising that the documents are also available on the EFW project website
at http:// www. durhamyorkwaste.ca /proiect/efw- committee.htm
Council Meeting Minutes - 9 - January 13, 2014
Resolution #C- 004 -14
Moved, by Councillor Neal, seconded by Councillor Partner
THAT Correspondence Item I — 9 from Melodee Smart, Administrative Assistant,
Works Department, Regional Municipality of Durham, with respect to the
DurhamNork Energy- From -Waste Project, be received for information.
"CARRIED"
1 - 13 The Honourable Jim Bradley, Minister of the Environment, writing to Doug
Magee, Environmental Planner, Hydro One Networks Inc., advising that he
has received requests from interested parties for Hydro One Networks Inc.
to be required to prepare an individual environmental assessment for the
proposed Clarington Transformer Station Class Environment Assessment;
advising that an individual environmental assessment is not required but
that he is imposing certain conditions on the project; and, indicating that
interested parties have been advised of the reasons for this decision.
Resolution #C- 005 -14
Moved by Councillor Neal, seconded by Councillor Partner
THAT Correspondence Item I — 13 from The Honourable Jim Bradley, Minister of the
Environment, with respect to the Clarington Transformer Station Class Environment
Assessment, be received for information.
KOTTAMEURL"I
1 - 7 Christopher Harris, Municipal Clerk, Township of Scugog, writing to the
Honourable James J. Bradley, Minister of the Environment, advising that on
December 9, 2013, the Township of Scugog adopted the following
resolution pertaining to Commercial Fill and Excess Soil Management:
"THAT the regulation of commercial fill is important for the safety and
wellbeing of residents and represents good land stewardship practice;
AND THAT the Council of the Township of Scugog has taken action to deal
with the issue of commercial fill through the lobby for regulation, negotiation
with operators, scientific research, enforcement and court actions;.
AND THAT the Council of the Township of Scugog supports the City of
Toronto's efforts to regulate and oversee excess soil management;
Council Meeting Minutes -10- January 13, 2014
AND THAT the Council of the Township of Scugog reiterates its call for the
Province to enact regulations to ensure that excess soil placement is
provincially regulated in a manner that is consistent across the province
and in accordance with the provisions of the Environmental Protection Act;
AND THAT a copy of this resolution be forwarded to the Ministry of the
Environment, Association of Municipalities of Ontario (AMO), Ontario
Stone, Sand and Gravel Association (OSSGA), Residential and Civil
Construction Alliance of Ontario (RCCAO) and all municipalities in the
Greater Toronto Area."
Resolution #C- 006 -14
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the resolution from the Township of Scugog, with respect to Commercial Fill
and Excess Soil Management, be endorsed.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C- 007 -14
Moved by Councillor. Partner, seconded by Councillor Traill
THAT Correspondence Item D - 1 be approved as per the Agenda.
"CARRIED"
D - 1 Sandi Graham- McWade, President, Durham Down Syndrome Association
(DDSA), requesting that March 21, 2014, be proclaimed "World Down
Syndrome Day ", to raise awareness of what Down Syndrome is, what it
means to have Down Syndrome and how people with Down Syndrome
play a vital role in our lives and communities; and, advising that the date of
March 21St has been chosen to recognize the extra 21St chromosome that
each person with Down Syndrome has in their cell structure.
(Proclaimed)
D - 4 Sandy Archibald, Archibald Orchards & Estate Winery, Cider House Golf,
writing further to the presentation by the Clarington Tourism Marketing
Board (CTMB) to Council on December 16, 2013, regarding their request
for funding and staffing to prepare a Tourism Plan for Clarington; advising
of an opportunity through Central Counties Tourism to share the cost in
preparing the plan; and, forwarding the proposal and budget for the plan.
Council Meeting Minutes - 11 - January 13, 2014
Resolution #C- 008 -14
Moved by Councillor Partner, seconded by Councillor Woo
THAT Correspondence Item D — 4 from Sandy Archibald, Archibald Orchards &
Estate Winery, Cider House Golf, with respect to the Clarington Tourism Marketing
Board (CTMB) request for a Tourism Plan, be referred to the 2014 budget
deliberations.
1 - - .
D - 5 Kathleen Wynne, Minister of Agriculture and Food advising that
applications are being accepted for the 2014 Premier's Award for Agri -
Food Innovation Excellence Program, a program to recognize and foster
the spirit of innovation that thrives in Ontario's agricultural sector and
encourages the development of rural communities, farms, agri -food
processors and agri -food organizations by adding value to existing
products, creating jobs and driving economic growth; forwarding the 2014
Program Guidebook and Application form providing details on eligibility,
innovation categories, assessment criteria and the application and
selection process; and, requesting Council to encourage outstanding
agriculture and agri -food innovators to submit an application by 5:00 p.m.
on February 28, 2014.
Resolution #C- 009 -14
Moved by Councillor Partner, seconded by Councillor Traill
THAT Correspondence Item D — 5 from Kathleen Wynne, Minister of Agriculture and
Food, with respect to the 2014 Premier's Award for Agri -Food Innovation Excellence
Program, be referred to the Municipal Clerk to place information on the Municipal
website and to the Agricultural Advisory Committee of Clarington for consideration.
• -CC
D - 3 Lou DeVuono, Founder & Executive Director, Heroes Highway Ride &
Rally Association, questioning whether the Municipality would be
interested in hosting the 2014 Heroes Ride & Rally on June 7, 2014;
advising the ride is anticipated to start at CFB Trenton with approximately
2500 bikes participating; and, indicating that the event has become
Canada's largest "Support the Troops" initiative welcoming riders from
across Canada, the United States, Britain, Israel and Australia.
Council Meeting Minutes -12- January 13, 2014
Resolution #C- 010 -14
Moved by Councillor Trail[, seconded by Councillor Hooper
THAT Correspondence Item D — 3 from Lou DeVuono, Founder & Executive
Director, Heroes Highway Ride & Rally Association, with respect to the Heroes
Highway Ride & Rally 2014, be referred to the 2014 budget deliberations and to the
Bowmanville, Newcastle and Orono Business Improvement Areas for input.
T:: 9
D - 2 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising that on December 11, 2013, Regional
Council adopted the following resolution pertaining to correspondence
from the Municipality of Tweed regarding exotic animals:
"THAT the Correspondence dated November 4, 2013 from the
Municipality of Tweed, with respect to petitioning the Federal and
Provincial Governments to legislate law to prohibit the sale, the keeping,
the exhibition and the transportation of exotic, wild and non - domestic
animals within the Province of Ontario and the Dominion of Canada, be
received for information and forwarded to the local area municipalities for
their consideration."
Resolution #C- 011 -14
Moved by Councillor Neal, seconded by Councillor Partner
THAT Correspondence D — 2 from D. Bowen, Regional Clerk/Director of Legislative
Services, Regional Municipality of Durham, with respect to legislation regarding
exotic, wild and non - domestic animals, be referrer( to the Municipal Clerk.
"MOTION WITHDRAWN"
Resolution #C- 012 -14
Moved by Councillor Neal, seconded by Councillor Woo
THAT Correspondence D — 2 from D. Bowen, Regional Clerk/Director of Legislative
Services, Regional Municipality of Durham, with respect to legislation regarding
exotic, wild and non - domestic animals, be received for information.
"CARRIED"
Council Meeting Minutes 1 -13- January 13, 2014
D - 6 Chris Bobyk, Forrest Group, requesting a further postponement to their
application to amend the Official Plan and Zoning By -law for 105 Queen
Street East from the General Purpose and Administration Committee
(GPA) meeting of January 20, 2014,.to the February 3, 2014, GPA
meeting to allow sufficient timing for completion of an updated Noise
Study Report and the Addendum Staff Report.
Resolution #C- 013 -14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the request from Chris Bobyk, Forrest Group, for deferral of the application to
amend the Official Plan and Zoning By -law for 105 Queen Street East from the
General Purpose and Administration Committee (GPA) meeting of January 20,
2014, to the February 3, 2014, GPA meeting, be approved.
"CARRIED"
D - 7 Terry Horner, CAO /Clerk, Township of Mulmur, writing to the Municipal
Property Assessment Corporation (MPAC), advising that on December 11,
2013, the Township of Mulmur adopted the following resolution pertaining
to prior years' assessing of properties:
"THAT WHEREAS the Municipal Property Assessment Corporation
(MPAC) is able to, and routinely adjusts assessed values for tax purposes
for the current year and for up to two prior years on properties where
development has occurred -and a building permit has been obtained, and
where severances have been granted;
AND WHEREAS the Township has discovered several instances where
development has occurred where no building permit has been obtained
and has provided proof of the existence of the development (including
photographs) and requested that MPAC retroactively assess those
properties in the same manner and for the same time periods;
AND WHEREAS requests for re- assessment sent in by the Township as
much as 20 months ago have not been dealt with, and MPAC has advised
that requests made in the summer of 2013 are `too late' to allow a re-
assessment for 2013;
Council Meeting Minutes -14- January 13, 2014
AND THAT the Township has been advised that the re- assessments will
only apply to the 2014 taxation year (if indeed they are re- assessed in
2014) and may not be applied to the two previous years, resulting in a loss
of tax revenue to not only the Township but also the County of Dufferin
and the School Boards for at least one taxation year (despite the fact they
have been identified as existing /occupied in -a previous year) and for as
much as three years in situations where the building(s) have existed for
that length of time but have never been assessed;
AND WHEREAS this appears to reward those who choose not to obtain
building permits, not only because the payment of taxes is deferred (if not
avoided entirely) but also because interest charges on the previous years'
taxes are not applied and because developments are not being assessed
in the same manner and for the same time periods as buildings for which
building permits have been obtained;
AND WHEREAS the onus should not be on the municipality to prove when
such buildings were constructed but rather, on the landowner in such
situations;
NOW THEREFORE BE IT RESOLVED THAT the Township advise MPAC
that it is entirely inappropriate and unacceptable to .not immediately and
retroactively assess a building that has been erected without a building
permit for the current year and up to two prior years (depending on when it
was built and occupied), when such is the norm for buildings built with
building permits;
AND THAT MPAC be requested to automatically and immediately re-
assess all properties once the improvements have been discovered and
apply the resulting increase to the current year and for the two previous
taxation years;
AND THAT the onus be placed on the landowner to prove that the building
has not existed for that entire time period;
AND THAT this resolution be forwarded to the County of Dufferin and area
School Boards (who also lose out when lands are not assessed as they
should be), to the other municipalities in Dufferin County, to MPP Sylvia
Jones, and to the Association of Municipalities of Ontario (AMO)."
Council Meeting Minutes -15- January 13, 2014
Resolution #C- 014 -14
Moved by Councillor Neal, seconded by Councillor Woo
THAT the resolution from the Township of Mulmur, with respect to prior year's
assessment, be received for information.
"CARRIED"
D - 8 Kathryn M. Lawson, Deputy Clerk, Town of Fort Frances, writing to.the
Honourable Kathleen Wynne, Premier of Ontario, advising that on
December 9, 2013, the Town of Fort Frances adopted the following
resolution pertaining to support for proposed billing model for Police
Services:
"WHEREAS, the Ontario Provincial Police are proposing a new billing
model for charging municipalities for policing services, starting in 2015;
AND WHEREAS, the current billing model is a deployment model, in
which cost recovery is based on a percentage of detachment workload,
actual detachment staffing levels, wages, benefits, and a cost recovery
component for other expenditures;
AND WHEREAS, the new methodology would charge each municipality a
flat $260 per household fee for the base costs related to providing police
services, plus a variable charge for each call for service in that
municipality. The rationale for this is that there is a base fixed cost for
providing police services that must be borne by all participating
municipalities, regardless of the number of calls for service that the OPP
responds to in each municipality. The OPP have advised that 73% of their
costs are fixed (i.e. base costs) and 27% are variable;
AND WHEREAS, there is a wide divergence in per household costs for
policing across Ontario;
AND WHEREAS, some municipalities in Ontario are paying excessive per
household costs for policing such as the Town of Fort Frances at $670.92;
THEREFORE BE IT RESOLVED THAT the Province of Ontario and
Premier Wynne support the proposed billing model change or a model for
policing that ensures an equitable distribution of cost sharing for all
municipalities and unorganized territories in Ontario;
Council Meeting Minutes -16- January 13, 2014
AND FURTHER THAT this resolution be forwarded to the Honourable
Kathleen Wynne, Premier of Ontario, The Honourable Madeleine Meilleur,
Minister of Community Safety & Correctional Services, The Honourable
John Gerretsen, Attorney General of Ontario and all other municipalities in
Ontario."
Resolution #C- 015 -14
Moved by Councillor Neal, seconded by Councillor Woo
THAT the resolution from the Town of Fort Frances, with respect to support for
proposed billing model for Police Services, be received for information.
"CARRIED"
D - 9 John R. O'Toole, MPP, Durham, requesting Council's support of a Private
Members' Bill to increase fines and institute demerit points for those found
guilty of distracted driving; advising this Bill has passed second reading in
the Legislature and that he supports this effort to enhance road safety;
indicating that he is aware of at least one petition in support of this
initiative that has already gained thousands of signatures; and, requesting
that Council consider endorsing the following resolution:
"WHEREAS the advent of smartphones and other handheld devices has
made the issue of distracted driving one with significant road safety
consequences;
AND WHEREAS the use of a handheld device while behind the wheel of
an automobile increases the probability of having an accident by 23 times;
NOW AND THEREFORE BE IT RESOLVED THAT the Council for the
Municipality of Clarington supports the bipartisan efforts of a number of
MPPs at the provincial legislature to amend the Highway Traffic Act and
regulations to include demerit points as one of the consequences flowing
from a conviction for distracted driving and request that the Minister of
Transportation take immediate action to address'this issue;
AND THAT a copy of this resolution be sent to the Premier, the Minister of
Transportation, and all local area MPPs.
Council Meeting Minutes -17- January 13, 2014
Resolution #C- 016 -14
Moved by Councillor Traill, seconded by Councillor Woo
WHEREAS the advent of smartphones and other handheld devices has made the
issue of distracted driving one with significant road safety consequences;
AND WHEREAS the use of a handheld device while behind the wheel of an
automobile increases the probability of having an accident by 23 times;
NOW AND THEREFORE BE IT RESOLVED THAT the Council for the Municipality
of Clarington supports the bipartisan efforts of a number of MPPs at the provincial
legislature to amend the Highway Traffic Act and regulations to include demerit
points as one of the consequences flowing from a conviction for distracted driving
and request that the Minister of Transportation take immediate action to address this
issue;
AND THAT a copy of this resolution be sent to the Premier, the Minister of
Transportation, and all local area MPPs.
"CARRIED"
D - 10 Preet Khurana advising that the deadline for submission of public
comments for the Clarington Wind Farm project is January 17, 2014;
expressing concern that due to timing of the EBR posting, which occurred
during the holiday season when residents were impacted by the ice storm
and resulting power outages, the community is struggling to meet the
January 17th deadline to make meaningful and detailed comments based
on the finalized reports; indicating the proponent has made amendments
to the majority of the fourteen initial reports in excess of 1,400 pages in
total; and, requesting Council's assistance in requesting that the Ministry
of the Environment,extend the public comment window to a later date.
Mr. Khurana indicated that the community would be very grateful if Council
could reiterate their position on the proposed wind farm within the public
comment window.
Resolution #C- 017 -14
Moved by Councillor Partner, seconded by Councillor Woo
THAT the Municipality of Clarington request the Ministry of Environment to extend
the public comment period for the Clarington Windfarm, EBR 012 -0615 to
February 7,, 2014 given the issues the residents have had in being able to access
the electronic documents during the ice storm and recovery period; and
Council Meeting Minutes -18- January 13, 2014
THAT this resolution be sent to the Minister of Environment, Jim Bradley; the
Director of the Environmental Approval Branch, Agatha Garcia - Wright, and the
Director of the Environmental Approvals Access and Service Integration Branch,
Doris Dumais.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report January 6, 2014
Resolution #C- 018 -14
Moved by Councillor Woo, seconded by Councillor Traill
THAT the General Purpose and Administration Committee Report of January 6, 2014
be approved, with the exception of Items #7, #8, #10 and #12.
"CARRIED"
Councillor Neal declared a pecuniary interest with respect to Item 7 of Report #1, as
he is a member of the Rotary Club of Courtice and left the Council Chambers during
discussion and voting on this matter.
Item 7
Resolution #C- 019 -14
Moved by Councillor Neal, seconded by Councillor Traill
THAT Staff be directed to prepare a report on the cost of removal and
replacement of street banners in Courtice under the Courtice Community
Improvement Plan funding, including opportunities to pursue funding partnerships.
"CARRIED"
Councillor Neal returned to the meeting.
Council Meeting Minutes _19- January 13, 2014
Item 12
Resolution '#C- 020 -14
Moved by Councillor Partner, seconded by Councillor Traill
THAT the sidewalk snow clearing fees owed to the Municipality by residents in
accordance with the Snow Clearing By -law 93 -144, for the period of
December 20, 2013, to January 4, 2014, inclusive, be waived.
"CARRIED"
O
Resolution #C- 021 -14
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Report CSD- 001 -14 be received;
THAT a dedicated program space be provided within the vacated space, for the
Clarington Older Adults Association (COAA) mutually agreed upon between the
Clarington Public Library Board, the COAA, and the Director of Community Services,
being not less than 500 square feet, until such time as other dedicated space within
the Courtice Community Complex can be obtained; and
THAT all interested parties listed in Report CSD- 001 -14 be advised of Council's
decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE ":
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Councillor Traill
✓
Councillor Woo
✓
Mayor Foster
✓
Council Meeting Minutes -20- January 13, 2014
Item 10
Resolution #C- 022 -14
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report CLD- 001 -14 be received;
THAT the correspondence from the Town of Ajax regarding a petition regarding
Regional Council Representation be received for information; and
THAT all interested parties listed in Report CLD- 001 -14 be advised of Council's
decision.
"CARRIED LATER IN THE MEETING"
Councillor Neal attempted to introduce an amendment to Resolution #C- 022 -14 to
support the Town of Ajax's resolution regarding Regional Council representation.
Mayor Foster ruled that the amendment would be contrary to the main motion.
Councillor Neal appealed the ruling of the Chair.
The question "Will the ruling of the Chair be sustained ?" was put to a vote and
CARRIED ON THE FOLLOWING RECORDED VOTE:"
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Mayor Foster
✓
Council Meeting Minutes -21 - January 13, 2014
Resolution #C- 022 -14 was then put to a vote and "CARRIED ON THE
FOLLOWING RECORDED VOTE:"
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Traill
✓
Councillor Woo
✓
Councillor Hooper
✓
Councillor Neal
✓
Councillor Novak
✓
Councillor Partner
✓
Mayor Foster
✓
STAFF REPORT(S)
Report ESD- 001 -14 — Ontario Disaster Relief Assistance Program
Resolution #C- 023 -14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT Report ESD- 001 -14 be received;
THAT, whereas the Municipality of Clarington recently experienced an ice storm
commencing on December 21, 2013, and has experienced substantial damage to
municipal property and infrastructure, the Council of the Municipality of Clarington
hereby requests the Minister of Municipal Affairs and Housing to declare the entire
area of the Municipality of Clarington (612 square kilometres) a "disaster area" for the
purposes of the public component of the Ontario Disaster Relief Assistance Program
(ODRAP);
THAT an application be submitted to the Ministry of Municipal Affairs and Housing for
assistance through the ODRAP; and
THAT the resolution be circulated to John O'Toole, MPP, Durham, Erin O'Toole, MP,
Durham and the Regional Municipality of Durham Region.
"CARRIED AS AMENDED LATER IN
THE MEETING"
(See following motions)
Council Meeting Minutes -22- January 13, 2014
Resolution #C- 024 -14
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C- 023 -14 be amended to add the following
paragraph:
"THAT staff be requested to prepare a report on the Emergency Response
to the ice storm from a standpoint of all emergency services and utilities."
"CARRIED LATER IN THE MEETING
(See following motion)
Resolution #C- 025 -14
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C- 023 -14 be divided to vote on the original
motion as presented separately from the amendment.
"CARRIED
Paragraphs 1, 2, 3 and 4 of Resolution #C- 023 -14 were then put to a vote and
CARRIED.
Paragraph 5 of Resolution #C- 023 -14 was then put to a vote and CARRIED.
Report LGL- 002 -14 — 2699 Regional Road No. 14, Clarington, Old Community
Hall, Village of Tyrone
Resolution #C- 026 -14
Moved by Councillor Traill, seconded by Councillor Woo
THAT the recommendations contained in Confidential Report LGL- 002 -14 be
approved.
"CARRIED LATER IN THE MEETING"
(See following motion)
Council Meeting Minutes -23- January 13, 2014
Resolution #C- 027 -14
Moved by Councillor Neal, seconded by Councillor Traill
THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting
be closed for the purpose of discussing a matter that deals with a proposed or
pending acquisition or disposition of land by the municipality or local board.
"CARRIED"
The meeting reconvened in open session at 8:55 p.m.
The Mayor advised that one item was discussed in "closed" session in accordance
with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were
passed.
Resolution #C- 026 -14 was then put to a vote and CARRIED.
UNFINISHED BUSINESS
Resolution #C- 028 -14
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the presentation by Dietmar Reiner, Senior Vice President, Nuclear
Refurbishment, Ontario Power Generation, be received with thanks.
"CARRIED"
BY -LAWS
Resolution #C- 029 -14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By -laws 2014 -001 and 2014 -002
2014 -001 Being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for
the Corporation of the former Town of Newcastle (Brookfield Homes (Ontario)
Limited)
2014 -002 Being a By -law to assume and dedicate certain lands throughout the
Municipality of Clarington as public highways; and
THAT the said by -laws be approved.
Council Meeting Minutes -24- January 13, 2014
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Councillor Woo questioned whether there was anything further that staff could do to
help residents with the clean -up of branches from the ice storm. The Director of
Operations confirmed the options available to residents, advised that this is the
second day for the Region's special yard waste pick -up and that staff have requested
the Region to arrange additional pick -ups.
Councillor Hooper suggested that information regarding the disposal of branches be
communicated through municipal electronic messaging boards at municipal facilities.
Councillor Neal questioned the types of trees that were damaged and the species of
replacement trees.
Councillor Neal stated a pecuniary interest earlier in the meeting, refrained from voting
on the Confirming By -law and left the Council Chambers during discussion and voting
on the Confirming By -law.
CONFIRMING BY -LAW
Resolution #C- 030 -14
Moved by Councillor Hooper, seconded by Councillor Partner
THAT leave be granted to introduce By -law 2014 -003, being a by -law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 13th day of January, 2014; and
THAT the said by -law be approved.
"CARRIED"
Council Meeting Minutes -25-
Councillor Neal returned to the meeting.
ADJOURNMENT
Resolution #C- 031 -14
Moved by Councillor Neal, seconded by Councillor Partner
THAT the meeting adjourn at 9:08 p.m.
"CARRIED"
January 13, 2014
MAYOR MUNICIPAL CLERK
SUMMARY OF CORRESPONDENCE
January 27, 2014
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
1 - 1 Minutes of the Newcastle Memorial Arena Management Board dated
November 12, 2013 (Copy attached)
1 - 2 Minutes of the Agricultural Advisory Committee of Clarington dated
January 9, 2014 (Copy attached)
1 - 3 Minutes of the Ganaraska Region Conservation Authority dated
December 12, 2013 (Copy attached)
1 - 4 Debra Nicholson, Local Area Manager Durham, Canada Post, advising
that Canada Post has reviewed and determined that there is a very
small number of local customers using the Kendal Post office on
Saturdays and is considering closing the office on Saturdays only and
realigning the hours during the week; indicating that discussions with
the Canadian Postmasters and Assistants Association (CPAA) will be
held and that Council will be advised once these discussions have
occurred; and, confirming that the potential change will take
customers' postal needs into consideration and that Canada Post
remains committed to providing postal services in urban and rural
communities.
CORRESPONDENCE FOR DIRECTION
D - 1 Michael Blake, Planning and Economic Development Department,
Region of Durham, advising the Durham Environmental Advisory
Committee (DEAC) annual awards program recognizes individual
and collective efforts to promote, preserve and enhance Durham's
environment in six award categories; forwarding the award criteria
and nomination form; and, indicating additional information is
available at www.durham.ca /deac or by contacting Michael Blake at
905 - 668 -7711 or deac(aD-durham.ca. The deadline for submission of
nominations is February 28, 2014.
(Motion to refer correspondence to
the Municipal Clerk to place
information on the municipal website)
Summary of Correspondence -2 - January 27, 2014
D - 2 Darlene Brown, Executive Director, Big Brothers Big Sisters of
Clarington, requesting approval for a partial road closure of
Clarington Boulevard north of Stevens Road on Saturday, May 10,
2014, from 6:30 a.m. to 7:00 p.m. for a road hockey tournament to
raise funds for children's mentoring programs; indicating the use of
the Clarington Central High School parking lot and cafetorium has
been approved provided the entrance to the school from Stevens
Road remains open; Big, Brothers Big Sisters will also be requesting
use of the private parking lot located at the southeast corner of
Clarington Boulevard and Stevens Road for which approval has
been granted by the owner for the past three years; and, indicating
an insurance certificate with minimum liability coverage of two million
dollars will be provided upon approval of the event.
(Motion to approve, provided the
organizers apply for and obtain a
Road Occupancy Permit from the
Engineering Services Department)
D - 3 Nancy and James McGarvie, requesting permission to host the 2014
Easter Dash, a 5k and 1 OK event sponsored by the Running Room,
RBC and hosted by Platinum Fitness, on Saturday, April 5, 2014, in
Courtice, from 9:30 a.m. until approximately 11:00. a.m.; advising that
the permit request, proposed route map and insurance certificate
have been submitted to the Engineering Services Department; and,
indicating that all proceeds from the race will benefit the "Ride to
Conquer Cancer" supporting the Princess Margaret Hospital cancer
research and treatment centre.
(Motion to approve, provided the
organizers apply for and obtain a
Road Occupancy Permit from the
Engineering Services Department).
D - 4 Carol Horvat, Executive Assistant to the Mayor, City of Mississauga,
forwarding the following two resolutions arising from the GTA Mayors
and Regional Chairs Meeting of January 17, 2014, regarding the
2013 Ice Storm:
Resolution #1
"WHEREAS on December 22, the Greater Toronto Area (GTA) and
other parts of the Province of Ontario suffered an extreme weather
event;
Summary of Correspondence -3 - January 27, 2014
AND WHEREAS during this event, a severe ice storm affected many
of the municipalities in the GTA, resulting in loss of electricity, road
and sidewalk blockages, thousands of downed and damaged trees,
and widespread disruption to municipal services and the lives of
residents and the operations of businesses;
AND WHEREAS those municipalities have incurred significant costs
to respond to the immediate public safety issues;
AND WHEREAS those municipalities are facing a costly and lengthy
recovery period to deal with the debris and damage to the tree
canopy as a consequence of the ice storm;
AND WHEREAS many municipalities through the Province have
applied to the Province for financial assistance through ODRAP;
AND WHEREAS there is concern that the ODRAP program does not
adequately recognize and respond to the full cost of extreme
weather events,, especially in a time where extreme weather is
expected to be more frequent and intense due to the impacts of
climate change;
AND WHEREAS on January 17 in response to the storm, the GTA
Mayors and Chairs came together in a co- ordinated approach to ask
for financial assistance;
THEREFORE BE IT RESOLVED THAT:
The Provincial and Federal governments share equally in this
disaster with municipalities by each funding 1/3 of the full cost of
response and ongoing recovery from the ice storm for affected
municipalities.
2. THAT the Province and Federal governments treat all applicable
municipalities equally and equitably.
3. THAT the Provincial and Federal governments recognize the
urgency of this matter and provide a response by March 1, 2014.
4. THAT this resolution be sent to the Premier of Ontario, the Prime
Minister of Canada, the local Members of Provincial Parliament
and Members of Parliament, the Association of Municipalities of
Ontario and the Federation of Canadian Municipalities."
Summary of Correspondence . -4 - January 27, 2014
Resolution #2
"THAT the Provincial and Federal governments establish new
programs and expand existing programs to address disaster
mitigation involving forestry, erosion control, winter storms, tree
canopy and other severe storm events, that reflect the reality of
climate change and such programs to include, funding for
rehabilitation of municipal infrastructure to mitigate this and future
environmental and storm event impacts.
THAT this resolution be sent to the Premier of Ontario, the Prime
Minister of Canada, the local Members of Provincial Parliament and
Members of Parliament, the Association of Municipalities of Ontario
and the Federation of Canadian Municipalities."
(Motion for Direction)
D - 5 Randy Pettapiece, MPP, Perth- Wellington, expressing concern that
rising municipal insurance premiums must be reined in, and for
years, municipalities have requested the Province to address joint
and several liability as municipalities can be liable for massive
damage awards even if they are deemed just one percent
responsible; suggesting that it is unfair and unrealistic for the
Province to allow this situation to continue and the time has come to
impress upon the government that it must take meaningful action by
June, before the legislature breaks for the summer; advising he has
recently introduced the following private member's resolution in the
Ontario legislature:
"THAT, in the opinion of this House, the government should protect
taxpayers from higher property taxes by implementing a
comprehensive, long -term solution to reform joint and several liability
insurance for municipalities by no later than June 2014, addressing
the alarming rise in insurance premiums due to rising litigation and
claim costs. ": and
encouraging Council to pass a formal resolution if they support the
intent of his private member's resolution.
(Motion for Direction)
DRAFT LIST OF DELEGATIONS
JANUARY 27, 2014
a) Valerie Cranmer, Valerie Cranmer and Associates - Application for a Clarington
Official Plan Amendment and Rezoning to Allow Camping on Lands Adjacent
to Canadian Tire Motorsport Park (Item 6 of Report #1) (Motion to Suspend the
Rules of Procedure required)
1 -1
Newcastle Memorial Arena Management Board
Municipality of Clarington
Minutes of Meeting — Tuesday November 12, 2013
Not yet approved by Committee)
• In attendance -Gord Lee, Chair Larry Burke, Vice Chair
Carol Little, Shea -Lea Latchford, Gord Blaker, Gary Oliver, Councillor Partner,
Councillor Woo, Bryan Whiltshire
1. Call to Order — 7:05 P.M.
2. Adoption of Minutes — Motion # 13 -137 was proposed: THAT:
The minutes of October 8th, 2013 are approved with one correction - Bryan
Wiltshire's Cell. Phone number was incorrectly listed — should read
289 - 685 -0745.
Moved by: Gord Blaker Seconded by; Shea -Lea Latchford
CARRIED
3. Arena Manager's Report — Bryan advised:
• The Juvenile team had taken the 10 -to 11 P.M. Monday night ice for the
balance of the season.
• Schell coats and hoodies; 5 and 15, respectively had been delivered and all
employees are now identified in the arena, while employed. Discussion on
employee costs for these will be ongoing at our next meeting.
• Stair treads had been ordered for the bleacher sitting area stairs. Should be
in place by our next meeting date
• Two tournaments had been booked for the New Year. Clarington Girls Tor
the 11 th of January and the Peelers Tournament for 181h
• Jay Summers from Tim Horton's, Newcastle offered to supply "White
Boards for all 4 dressing rooms. These are for coaching instructions during
games. As they will have the Tim Horton Logo on them, the subject was
discussed by the board members and the following motion was proposed:
Motion # 13 -138 was proposed: THAT:
Approval, with thanks be given to Jay for the offer of these boards and the
inclusion of the Tim Horton's logo are most acceptable.
(2)
• Bryan also advised Tuesday 4:30 Ice Time was now taken by the
Peewee Rep Team. The only ice time rental he was having problems
with was Saturdays 7 to 8 A.M.,
Discussions on snow removal and keeping as many parking spots
available as possible took place. Bryan to follow -up with Jeff Stapleton
on snow clearing and salting. Gary offered to salt the sidewalks at the
south end of the building — requesting Bryan make the spreader and salt
available for him on snow days,
4. Financial Report — Accounts receivables were at $34,184.11 — 42% current and
49% over 90 days. The over 90 included the Newcastle Figure Skating debt of:
$9,720.86 which is not collectible.
Income statement showed a YTD (Oct. 31St.) deficit of $17,064.97 on income of
$198,597.04. With two months of income remaining, it would appear we would
fall short of our budget forecast by approximately 5 %.
5. Next Meeting — Christmas Dinner at Massey House December 17, 2013
6. Adiournment — Motion # 13 —139 THAT:
The meeting is adjourned
Moved by: Gary Oliver Seconded by Carol Little
CARRIED
1 -2
AGRICULTURAL ADVISORY COMMITTEE of CLARINGTON MEETING
THURSDAY, Jan 91h, 2014
MEMBERS PRESENT:
REGRETS:
STAFF:
GUESTS:
John Cartwright
Don Rickard
Les Caswell
Tom Barrie
Gary Jeffery
Brenda Metcalf
Ted Watson
Mary Ann Found
Eric Bowman
Councillor Partner
Jenni Knox, Mark Bragg
Faye Langmaid, Cynthia Strike
Ruben Plaza, St. Mary's ;. Shawn Taylor, Dillon Consulting
Ted welcomed all to the meeting, everyone introduced themselves.
Adoption of Agenda
014 -01 Moved by Mary Ann Found, seconded by. John Cartwright
"That the Agenda for January 9, 2094 be adopted"
CARRIED -
Approval of Minutes
014 -02 Moved by Eric Bowman, seconded by Gary Jeffery
"That the minutes of the December 12th, 2013 meeting be approved, with
amendment that Brenda Metcalf sent regrets"
CARRIED
Presentations:
Cynthia Strike provided an overall introduction of the Westside Marsh Project and its 20+ year
history. In the early 1990's St. Marys, the Municipality and the Waterfront Regeneration Trust
were looking for a way to have the Waterfront Trail connect along the waterfront through the St.
Marys property. At the same time St. Marys was trying to address its future quarrying needs on
the east side of Waverly Road which they have had quarrying rights to since 1963. As well high
school students and the neighbourhood of Port Darlington wanted to save the Westside Marsh.
David Crombie from the Waterfront Trust helped broker a deal which transferred some lands
(southern portion of Westside Marsh, woodlot and field to west of West Beach Road) to the
Municipality (who then transferred them to CLOCA), the sale of the Waverly Road right -of -way
to St. Marys, and the extension of Cove Road over the lake inlet to Cedar Crest Beach Road;
this involved the expropriation of lands by the Municipality.
Part of the overall agreement included a management plan for the Westside Marsh and a
development project that would see approximately 2/3 of the marsh stay in the hands of St.
Marys to be quarried and the remainder to be enhanced to increase the fish varieties and
production to replace the value of the portion that would be lost to the quarry. This included
diverting Westside Creek from its original alignment through the Hydro One transmission tower
lands.
Agricultural Advisory Committee of Clarington January 9th, 2014
Shawn Taylor from Dillon has been the consulting biologist on this project and Shawn provided
a presentation on the details of the construction of the barrier, Westside creek diversion, inlet
inlands, fish habitat, planting and fish stocking. Shawn has been monitoring the project, its -
construction in 2004 -2006 provided for a two year grow -in period before the water was diverted.
To date the project has seen an increase in the bird varieties, fish varieties and mammals that
use the Westside Marsh. In addition to increase in varieties, the volume of fish is also up.
Overall the project has achieved the goals set out for it.
St. Marys, through. the Community Relations Committee (CRC) continues to work with the
community and the municipality to work through various issues associated with their operations.
The CRC meets four times per year and provide an annual report to Council. The CRC reviews
emissions data, the blasting schedule, complaints and other items. Through,the CRC, St.
Marys has become more involved in the community. They hold annual open houses where
there are tours of the plant and quarry. The Westside Marsh and surrounding table lands are
now owned by the Central lake Ontario Conservation Authority. There are trails to marsh with
observation areas and interpretive signs for the public.
Business Arising from Minutes
GPA Report -2013 Accomplishments
Members received a copy of the 2013 accomplishments with the minutes. Council was pleased
with the listing and presentation by Ted. Ted in his presentation thanked Council for their
support of the committee's initiatives including the resolution to the 407 and request for a listing
of reps for the Sustainability Advisory Committee. Ted provided an overview of how the
relationship with CBOT has been strengthened and that the Barn Door Directory is a welcome
addition to the information being published and promoted about agriculture in Clarington. The
report was received with thanks.
Ted invited all members of Council to attend any of the upcoming meetings of the Committee
CBOT Agricultural Summit
Don has met with Laura Wood at CBOT and they have a rough agenda, 9:30 to early afternoon, -
,focus on 3 distinct areas, agri- business, opportunities in agri- business and intergenerational
transfer. They are considering Orono Town Hall as the location, projecting 50 -75 attendees,
looking at early March. As more details are firmed up they will be forwarded.
Correspondence and Council Referrals
Attached to the agenda was an update from Nancy Rutherford, Durham Region Economic
Development. Also attached to the agenda was a request from Clarington Older Adult
Association (COAA) for celebrity farmers for the luncheon they will be holding in relation to
Heritage Week and the dinner where Sandy Hawley will be the guest speaker.
Members were reminded that the focus of Heritage Week this year is Clarington's agricultural
history and. there will be display of Eric Bowman's paintings in the lobby of Town Hall and of the
photos taken by CHC members for the Barn Book in the mezzanine of the Library. Information
on Heritage week is available on the website at heritage. clarington.net
Agricultural Advisory Committee of Clarington January 9th, 2014
Liaison Reports
DAAC — Eric referred members to the information attached to the agenda from Nancy
Rutherford. Dave Reisborough has been re- elected as Chair of DAAC. The agriculture event
has been scheduled for Sept 18th and will be in the proximity of Oshawa /Clarington. Eric
provided a presentation by Kathy MacPherson on "Farming in Ontario's Greenbelt: Possibility
Grows Here ". Faye will scan and send to committee members.
DRFA — DRFA —next meeting is Tuesday evening the guest speaker will be Matt Setzkorn the
acting executive director of the Ontario Farmland Trust.
January 8th, workshop in Scugog was cancelled as Prof. Wes Jamieson was delayed by
weather. It will be rescheduled.
April 1, 2, 3 will be Farm Connections, if you would like to volunteer please let Brenda know.
This year there will be media packages, volunteers are needed in specific areas of expertise
to be on call if the media would further aspects on a particular area of farming or in relation
to a specific commodity group.,
October 16th, 2014 — Farm Connections is working on a gala as a celebration of agriculture.
Three purposes to recognize outstanding farmers, educate and as a fundraiser, the goal is
$25,000.
Future Agendas
Martin Vroegh from St. Mary's on the pond algae and low carbon fuels has been invited.
Meg Morris from Covanta has suggested a tour of EFW once the building is closed in.
Suggestion that when the federal boundaries change the MP for the Ward 4 area be invited.
Follow -up on Northumberland co -op tour in June.
Invite Chief Gord Weir and Director of Operation, Fred Horvath to discuss how Emergency
Plan will be revised from lessons learned during the ice storm, the pruning and condition
of trees along the right -of -ways, how to priorize reconnection for farms with animals, etc.
Pollinator protection and bee keeping, invite a bee keeper to hear their perspective.
Other Business
Members were informed about the Trees for Rural Roads being open for applications until
March 30th
Next Meeting February 13th, 2014, 7:30pm. February- Gord and Garry Geissberger on their
portable cider operation.
Agricultural Advisory Committee of Clarington January 9th, 2014
1 -3
GANARASKA REGION CONSERVATION AUTHORITY
MINUTES OF THE FULL AUTHORITY
December 12, 2013
FA 07113
1. Welcome and Call to Order
The Chair called the Full Authority meeting to order at 7:15 p.m.
MEMBERS PRESENT: Forrest Rowden, Chair - Town of Cobourg
Wendy Partner, Vice -Chair - Municipality of Clarington
Ray Benns - Township of Alnwick/Haldimand
Mark Lovshin - Township of Hamilton
John Fallis - Township of Cavan Monaghan
Miriam Mutton - Town of Cobourg
Heather Stauble - City of Kawartha Lakes
Mary Lou Ellis - Municipality of Port Hope
Linda Thompson - Municipality of Port Hope
Willie Woo - Municipality of Clarington
ALSO PRESENT: Linda Lallberte, CAO /Secretary- Treasurer
Mark Peacock, Director, Watershed Services
Greg Wells, Manager, Planning and Regulations
Pam Lancaster, Stewardship
Steve McMullen, Forest Recreation Technician
Bob Penwell, Forester
Ken Towle, Ecologist
Members of the Public
ABSENT WITH
REGRETS:
ALSO ABSENT:
The Chair complimented staff who made presentations at the AD Latornell Symposium.
2. Disclosure of Pecuniary Interest
None
3. Minutes of Last Meeting
FA 53113
MOVED BY: John Fallis
SECONDED BY: Willie Woo
THAT the Full Authority approve the minutes of the October 17, 2013 meeting.
CARRIED.
Minutes FA 07/13 Page 2
4. Adoption of the Agenda
The Chair informed the members of the following additional agenda items:
1. A letter from Mr. Heideman, Lavern Heideman & Sons Limited, re. October 30, 2013,
"Ganaraska Forest, ON logging during nesting season ruffles feathers," Durham
Region News, added to 8) Correspondence ( #7).
2. An additional staff report entitled Greater Toronto and Area Waterfront: An Urban
Recreation Fisheries Plan, added to 11) New Business.
3. A letter from the Canadian Institute of Forestry re: Concern with restricted logging
season, added to 8) Correspondence ( #8)
FA 54113
MOVED BY: Ray Benns
SECONDED -BY: John Fallis
THAT the Full Authority adopt the agenda as amended.
CARRIED.
5. Delegations
The delegation was cancelled at the request of the delegate.
6. Presentations
a) Clean Water - Healthy Land 2013
Pam Lancaster, Stewardship Technician, presented an update on the Clean Water -
Healthy Land Financial Assistance Program on the 2013 activities.
Miriam Mutton stated that the Town of Cobourg purchased storm water grates with the
fish on top for Spring Street when the street was reconstructed. As well, Miriam Mutton
suggested that perhaps a workshop could be organized in the future on the maintenance
of a water garden.
Linda Thompson and the Board members thanked Pam for all her hard work on the
Clean Water - Healthy Land Financial Assistance Program.
Ray Benns stated that the Greenbelt Cycling Program may be interested in visiting the
Cobourg Water Garden as a point of interest.
FA 55/13
MOVED BY: Mary Lou Ellis
SECONDED BY: Mark Lovshin
THAT the Full Authority receive the Clean Water - Healthy Land 2013 Program Update
presentation for information.
CARRIED.
Minutes FA 07/13 Page 3
b) Forest Management and Operation Guidelines
Bob Penwell, Forester, presented the history of the guideline and the Forest Management
Operation Guidelines.
Board members asked questions in regards to concerns from other organizations
and asked about other negative effects to the forest and if there may be a way to request
special considering from the Canadian Wildlife Service if there is a negative effect on the
Forest in general. There were also questions raised about the time frame being long
enough to get the work done. Willie Woo offered further explanation to the motion from
the Municipality of Clarington. The members thanked the Bob Penwell for his
presentation.
FA 56113
MOVED BY: John Fallis
SECONDED BY: Mark Lovshin
THAT the Full Authority Receive the presentation for information purposes, and;
THAT the Full Authority approve the Forest Management Operation Guidelines and;
FURTHER THAT the Full Authority direct staff to include in future timber tenders that
harvesting operations shall not be carried out from April 1 to July 31 each year effective
January 2014.
CARRIED.
7. Business Arising from Minutes
a) 2014 Levy Vote
FA 57/12
MOVED BY:
SECONDED BY:
Linda Thompson
Ray Benns
THAT the Full Authority approve the 2014 levy in the amount of $867,318.00.
CARRIED. '
A recorded vote is required.
Ray Benns - Township of Alnwick/Haldimand (0.9556 %) Yes
Mary Lou Ellis - Municipality of Port Hope (8.9668 %)
Yes
John Fallis - Township of Cavan Monaghan (0.1880 %)
Yes
Mark Lovshin - Township of Hamilton (11.6770 %)
Yes
Miriam Mutton - Town of Cobourg (11.5144 %)
Yes
Wendy Partner - Municipality of Clarington (23.0613 %)
Yes
Linda Thompson - Municipality of Port Hope (8.9668 %)
Yes
Willie Woo - Municipality of Clarington (23.0613 %)
Yes
Forrest Rowden - Town of Cobourg (11.5144 %)
Yes
The total percentage present to vote was 99.9067 %. To carry the motion 51% total of
Minutes FA 07/13 Page 4
those present is required and cannot be from a single municipality. The vote was carried
at 100 %.
8. Correspondence
FA 68/13
MOVED BY: John Fallis
SECONDED BY: Mark Lovshin
THAT correspondence items #4, #5, #6, #7 and #8 be received and filed.
CARRIED
9. Applications under Ontario Regulation 168/06:
Permits approved by Executive:
FA 59/13
MOVED BY:
SECONDED BY:
Linda Thompson
Willie Woo
THAT the Full Authority receive the permits for information.
CARRIED.
10. Committee Reports
a) Recreational Users Committee Minutes
The Board members asked questions in regards to forest patrols and the width of the
single track trail and the extraction of an individual if an accident occurred.
FA 60/13
MOVED BY: Linda Thompson
SECONDED BY: Willie Woo
THAT the Ganaraska Region Conservation Authority receive the Recreational Users
Committee minutes for information.
CARRIED.
FA 61/13
MOVED BY: Linda Thompson
SECONDED BY: Wendy Partner
THAT the Full Authority approve a proposal to construct additional single tract trails in the
Central Forest as per the Users Committee staff report dated November 7, 2013.
CARRIED.
Minutes FA 07/13 Page 5
11. New Business:
a) 2014 Economic Adjustment
FA 62113
MOVED BY:
SECONDED BY:
Wendy Partner
Mary Lou Ellis
THAT the Full Authority approve-the 2013 Economic Adjustment staff report
CARRIED.
12. Other Business
a) Members Business
Forrest Rowden brought forward the proposed business case entitled Dodging the
Perfect Storm Conservation Ontario's Business Case for Strategic Reinvestment in
Ontario's Flood Management Programs, Service and Structures which was endorsed by
Conservation Ontario council. He 'stated that Conservation Ontario staff will be looking to
finding funding partners to invest in floodplain management programs using a phased in
approach by first completing a study to understand the cost associated with updating
floodplain mapping and asset management for flood and erosion control structures.
Miriam Mutton noted that the Cobourg Conservation Area parking lot was graded today
by the Town of Cobourg. She also stated that she attended a GFC reptile workshop and
took her "little sister" and said that they had a wonderful time.
Board members wished everyone a very Merry Christmas. Forrest Rowden thanked staff
for all their help.
b) Greater Toronto and Area Waterfront: An Urban Recreation Fisheries Plan
FA 63/13
MOVED BY:
SECONDED BY:
Linda Thompson
John Fallis
THAT the Full Authority receives the Greater Toronto and Area Waterfront: An Urban
Recreation Fisheries Plan for information.
CARRIED.
13. Adjourn
The meeting adjourned at 8:35 p.m. on a motion by Wendy Partner.
CHAIR
(A
OISECRETARY- TREASURER
claringtoll
Leading the Way
REPORT #1
REPORT TO COUNCIL MEETING OF JANUARY 27, 2014
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JANUARY 20, 2014
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD- 007 -14 Year End Report on Planning Activities for 2013
(b) EGD- 004 -14 Monthly Report on Building Permit Activity for
November, 2013
(c) EGD- 005 -14 Monthly Report on Building Permit Activity for
December, 2013
(d) CAO- 001 -14 Long -Term Potential of a Boat Launch in Bowmanville
2. PRESENTATION OF MIRKA JANUSZKIEWICZ, DIRECTOR OF WASTE
MANAGEMENT SERVICES, REGIONAL MUNICIPALITY OF DURHAM,
REGARDING WASTE DIVERSION
THAT the presentation of Mirka Januszkiewicz, Director of Waste Management
Services, Regional Municipality of Durham, regarding Waste Diversion be received
with thanks.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905 - 623 -3379
Report #1 -2.- January 27, 2014
3. PRESENTATION OF PAM LANCASTER, STEWARDSHIP TECHNICIAN,
SOURCE WATER PROTECTION TECHNICIAN /COMMUNICATIONS,
GANARASKA REGION CONSERVATION AUTHORITY, REGARDING CLEAN.
WATER — HEALTHY LAND FINANCIAL ASSISTANCE PROGRAM WITHIN THE
MUNICIPALITY OF CLARINGTON AND THE REGIONAL MUNICIPALITY OF
DURHAM
THAT the presentation of Pam Lancaster, Stewardship Technician, Source Water
Protection Technician /Communications, Ganaraska Region Conservation Authority,
regarding Clean Water — Healthy Land Financial Assistance Program within the
Municipality of Clarington and the Regional Municipality of Durham, be received
with thanks.
4. PRESENTATION OF KEN TOWLE, WATERSHED ECOLOGIST, AND MARK
PEACOCK, DIRECTOR OF WATERSHED SERVICES, GANARASKA REGION
CONSERVATION AUTHORITY (GRCA), REGARDING GRCA NATURAL
HERITAGE STRATEGY
THAT the presentation of Ken Towle, Watershed Ecologist, Ganaraska Region
Conservation Authority (GRCA), and Mark Peacock, Director of Watershed
Services regarding GRCA Natural Heritage Strategy be received with thanks.
5. CONSERVATION ONTARIO WHITEPAPER "WATERSHED MANAGEMENT
FUTURES FOR ONTARIO" AND TORONTO REGION CONSERVATION
AUTHORITY DRAFT "LIVING CITY POLICIES"
THAT Report PSD- 008 -14 be received; and
THAT Council's decision and a copy of Report PSD- 008 -14 be forwarded to the
Region of Durham, the City of Pickering, the Central Lake Ontario Conservation
Authority, the Ganaraska Region Conservation Authority, the Kawartha Region
Conservation Authority, and the Ottonabee Region Conservation Authority.
6. AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND
REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE
MOTORSPORT PARK
APPLICANT: REPUBLIC LIVE INC.
THAT Report PSD- 009 -14 be received;
THAT Amendment 96 to the Clarington Official Plan submitted by Republic Live
Inc. to redesignate lands from General Agriculture to Green Space, as contained in
Attachment 3 of Report PSD- 009 -14, be adopted; and the By -law adopting the
Official Plan Amendment contained in Attachment 4 of Report.PSD- 009 -14 be
passed;
Report #1 - 3 - January 27, 2014
THAT a Temporary Use Zoning By -law Amendment allowing camping and ancillary
uses, be approved as contained in Attachment 5 of Report PSD- 009 -14, with the
following amendment:
"Section 1 b be amended to insert a new Section (v) as follows:
`Without limiting the generality of Section 1 b, Subsections (iii)
and (iv), the lands may only be used for camping and /or
vehicle parking for motorsport events from May 1St to October
10th; and the total number of days for camping and /or vehicle
parking. not exceed ten.';"
THAT and the changes to the Temporary Use Zoning By -law, outlined in paragraph
three, be deemed as minor and a further public meeting not be required;
THAT once all provisions contained in the Official Plan and Zoning By -law with
respect to the removal of the (H) Holding Symbol are satisfied through site plan
approval, the By -law authorizing the removal of the (H) Holding Symbol be
approved;
THAT the Durham Regional Planning Department and Municipal Property
Assessment Corporation be forwarded a copy of Report PSD- 009 -14 and Council's
decision; and
THAT all interested parties listed in Report PSD- 009 -14 and any delegations be
advised of Committee's decision within one business day such that they have the
opportunity to attend the Council meeting of January 27, 2014 to speak to this
matter.
7. REQUEST FOR REPORT — POTENTIAL FUTURE USES OF CAMP 30 LANDS
THAT Staff be directed to prepare a report regarding the Camp 30 lands including
potential future uses.
8. BOSWELL DRIVE, BOWMANVILLE, PLANS 40R -24933 AND 40R- 25495,
`CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW' FOR
BOSWELL DRIVE WORKS
THAT Report EGD- 001 -14 be received;
THAT the Director of Engineering Services be authorized to issue a `Certificate of
Acceptance' for the Boswell Drive Works, which include road works, street lighting
and other related Works, constructed within Plans 40R -24933 and 40R- 25495; and
THAT Council approve the by -law attached to Report EGD- 001 -14, assuming
certain streets within Plans 40R -24933 and 40R -25495 as public highways.
Report #1 - 4 - January 27, 2014
9. BIRCHDALE SUBDIVISION PHASE 3, COURTICE, PLAN 40M -2384
`CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW', FINAL
WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD- 002 -14 be received;
THAT the Director of Engineering Services be authorized to issue a `Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M -2384; and
THAT Council approve the by -law attached to Report EGD- 002 -14, assuming a
certain street within Plans 40M -2384 as public highway.
10. COURTICE HOMESTEAD SUBDIVISION, COURTICE, PLAN 40M -2419,
`CERTIFICATE OF ACCEPTANCE' AND `ASSUMPTION BY -LAW', FINAL
WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD- 003 -14 be received;
THAT the Director of Engineering Services be authorized to issue a `Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M -2419; and
THAT Council approve the by -law attached to Report EGD- 003 -14, assuming
certain streets within Plan 40M -2419 as public highways.
11. OLD SCUGOG ROAD CULVERT REPLACEMENT, BOWMANVILLE,
CONTRACT NO. CL2013 -09
THAT Report EGD- 006 -14 be received;
THAT capital project over - expenditures in the amount of $46,269.18 be approved
for the Old Scugog Road Culvert Replacement Contract No. CL2013 -09;
THAT remaining funds from the 2013 Structure Rehabilitation Budget be used to
offset over - expenditures for Old Scugog Road Culvert Replacement Contract No.
CL2013 -09; and
THAT the Department of Engineering Services pursue compensation from Bell
Canada for extra costs relating to their oversight in reporting the location of all Bell
services within the project limits.
Report #1 - 5 - January 27, 2014
12. APPOINTMENT TO NEWCASTLE ARENA BOARD
THAT Report CLD- 003 -14 be received;
THAT the resignation of Robert Holmes be received, with regret, and that he be
thanked for his contribution to the Newcastle Arena Board;
THAT Jay Summers be appointed to the Newcastle Arena Board for a term
concurrent with the term of Council; and
THAT all interested parties listed in Report CLD- 003 -14 be advised of Council's
decision.
13. REQUEST FOR PRESENTATION — CLARINGTON EMERGENCY PLAN AND
EMERGENCY RESPONSE TO THE RECENT ICE STORM
THAT staff be directed to undertake a presentation to Committee on:
a) Clarington's Emergency Plan, and
b) A debriefing of the recent ice storm and how the emergency plan was
applied, which shall include the report requested of staff at the
January 13, 2014 Council Meeting.
14. BOOTS & HEARTS MUSIC FESTIVAL COUNCIL LIAISON AND
COMMUNICATIONS
THAT Frank Wu, CAO, be appointed to coordinate the Boots & Hearts Planning
Committee;
THAT all previous and future meeting minutes of the Boots & Hearts Planning
Committee be provided to Members of Council;
THAT Jennifer Cooke, Manager of Tourism and Communications, be appointed as
the Staff Liaison to Council on the Boots & Hearts Planning Committee; and
THAT Staff be directed to establish acceptable milestones for the planning and
permitting requirements of the Boots & Hearts Music Festival.
IZRIVT47,17t-,
Staff Report # 1
I N -- 4 D I i
Meeting: COUNCIL
Date: January 27, 2014 Resolution #:
Addendum to
By -law#:
Report #: PSD- 009 -14 File #: COPA 2013 -0004 & ZBA 2013 -0016
Subject: AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND
REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN
TIRE MOTORSPORT PARK
APPLICANT: REPUBLIC LIVE INC.
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
THAT Addendum to Report PSD- 009 -14 and Report PSD- 009 -14 (Attachment 2) be
received;
2. THAT Amendment 96 to the Clarington Official Plan submitted by Republic Live Inc. to
redesignate lands from General Agriculture to Green Space, as contained in Attachment
3 of Report PSD- 009 -14, be adopted, and the By -law adopting the Official Plan
Amendment contained in Attachment 4 to Report PSD- 009 -14 be passed;
3. THAT a Temporary Use By -law allowing camping and ancillary uses, with a (H) Holding
Symbol, be approved as contained in Attachment 1 to Addendum to Report PSD- 009 -14;
4. THAT the changes to the Temporary Use Zoning By =law, outlined in paragraph 2.4, be
deemed as minor and a further public meeting not be required;
5. THAT once all provisions contained in the Official Plan and Zoning By -law with respect
to the removal of the (H) Holding Symbol are satisfied, the By -law authorizing the
removal of the (H) Holding Symbol be approved;
6. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Addendum to Report PSD- 009 -14 and Council's
decision; and
7. THAT all interested parties listed in Addendum to Report PSD- 009 -14 and any
delegations be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
_.� . �. - on 11'
Submitted by: if, Reviewed by:
Davi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS /C P /df
22 January 2014
ADDENDUM TO REPORT NO.: PSD- 009 -14 PAGE 3
1. BACKGROUND
1.1 Staff submitted a recommendation report PSD- 009 -14 to the General Purpose and
Administration Committee on January 20, 2014.
1.2 Resolution #GPA- 032 -14 was carried, as follows:
"THAT Report PSD- 009 -14 be received;
THAT Amendment 96 to the Clarington Official Plan submitted by Republic Live Inc. to
redesignate lands from General Agriculture to Green Space, as contained in
Attachment 3 of Report PSD- 009 -14, be adopted; and -the By -law adopting the Official
Plan Amendment contained in Attachment 4 of Report PSD- 009 -14 be passed;
THAT a Temporary Use Zoning By -law Amendment allowing camping and ancillary
uses, be approved as contained in Attachment 5 of Report PSD- 009 -14, with the
following amendment:
"Section 1b be amended to insert a new Section (v) as follows:
`Without limiting the generality of Section 1 b, Subsections (iii) and (iv), the lands
may only be used for camping and /or vehicle parking for motorsport events from
May 1st to October 10th; and the total number of days for camping and /or vehicle
parking not exceed ten.
THAT the changes to the Temporary Use Zoning By -law, outlined in paragraph three, be
deemed as minor and a further public meeting not be required;
THAT once all provisions contained in the Official Plan and Zoning By -law with respect
to the removal of the (H) Holding Symbol are satisfied through site plan approval, the
By -law authorizing the removal of the (H) Holding Symbol be approved;
THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD- 009 -14 and Council's decision; and
THAT all interested parties listed in Report PSD- 009 -14 and any delegations be advised
of Committee's decision within one business day such that they have the opportunity to
attend the Council meeting of January 27, 2014 to speak to this matter."
2. , DISCUSSION
2.1 Following the General Purpose and Administration Committee meeting on Monday,
January 20, 2014, a letter was sent to all interested parties notifying them of the revision
to the recommended temporary use by -law. A copy of Resolution #GPA- 032 -14 was
attached to the letter. The letter was also sent via email to all interested parties except
three for which no email addresses are recorded. Notice was completed by end of the
business day on Tuesday, January 21, 2014.
2.2 Planning and Legal staff reviewed the changes made by the General Purpose and .
Administrative Committee to the temporary use by -law and have noted that slight
adjustments to the proposed temporary use by -law would help to clarify Council's intent
and eliminate possible confusion regarding the provisions.
2.3 Staff understand that the intent is to limit camping and parking use on the subject lands
related to one music festival. The revised by -law now makes specific reference to "a"
music festival.
2.4 The use of the subject lands for camping and parking in conjunction with motor vehicle
race events would be authorized for up to 10 days between May 1St and October 10th.
The days the lands are used for camping and parking for a music festival would not
count toward the 10 -day maximum for race events. The by -law uses the defined term
"motorized recreational competition ".
2.5 A revised temporary use by -law is provided as Attachment 1 for your consideration.
3. CONCURRENCE — Not Applicable
4. CONCLUSION
4.1 In consideration of the findings of all supporting studies, comments received from
circulated agencies, area residents and the public, and based on review of the proposal,
staff recommends that the proposed Temporary Use By -law (Attachment 1) be
approved.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
X Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Proposed Temporary Use By -law
Attachment 2 — PSD- 009 -14
List of interested parties to be advised of Council's decision:
Darclarke Properties Corp.
Republic Live Inc.
Valerie Cranmer
Kenneth & Leslie Kerrigan
Rob Whitehead
Susan Lloyd Swail
Rick Rondeau
Carolyn Molinari
Garry Niece
Tricia Hebert
Justin Oliver
Kevin Anyan
Mark & Marilyn Osborn
Orlando Corporation
Brad Black
Rick James
PAGE 5
Attachment 1
To Addendum Report PSD- 009 -14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2014-
being a By -law to amend By -law 2005 -109, the Zoning By -law for the Oak Ridges
Moraine in the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to-amend By -law 2005 -109, as amended, of the Corporation of the Municipality of Clarington
for ZBA 2013 -0016;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15.0 "TEMPORARY ZONES" is hereby amended by deleting the word
"RESERVED ", including the brackets from the title and by adding the following:
°15.1 T -1 TEMPORARY ZONE ONE
a. Permitted Uses
i) Agriculture Uses
ii) Camping and vehicle parking associated with permitted uses on
adjacent parcels with tax assessment roll nos. 18 -17- 010 - 110 -1800,
18 -17- 010 -110 -1801, 18 -17- 010 - 110 -1802 and 18 -17- 010 - 110 -1803.
b. Regulations
Yard setback to dripline of woodlot 15 metres
Yard setback to property with a residential use 15 metres
iii) The lands may be used for camping and vehicle parking for
a music festival only between July 15th and August 15th
iv) The lands may be used for camping and vehicle parking for
motorized recreational competition events for a maximum of
10 days in any calendar year only between May 1st and
October loth.,'
2. , Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, the
campground use may be permitted for a period of three (3) years, ending on January
27, 2017.
3. Schedule "E" to By -law 2005 -109, as amended, is hereby further amended by changing
the zone designation from
"Agricultural (A) Zone" to "Holding — Temporary (T -1) Zone "; and
"Environmental Protection (EP) Zone" to "Holding — Temporary (T -1) Zone ".
4. Schedule "A" attached hereto shall form part of this By -law.
6., This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
BY -LAW passed in open session this 27th day of January, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By -law 2014- ,
passed this day of , 2014 A.D.
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Attachment 2
To Addendum to Report PSD- 009 -14
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Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 20, 2014 Resolution #:
By -law #: N/A
Report#: PSD- 009 -14 File #: COPA 2013 -0004 & ZBA 2013 -0016
Subject: AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND
REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO
CANADIAN TIRE MOTORSPORT PARK
APPLICANT: REPUBLIC LIVE INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD- 009 -14 be received;
2. THAT Amendment 96 to the Clarington Official Plan submitted by Republic Live Inc. to
redesignate lands from General Agriculture to Green Space, as contained in Attachment
3 be adopted and the By -law adopting the Official Plan Amendment contained in
Attachment 4 be passed;
3. , THAT a Temporary Use Zoning By -law Amendment allowing camping and ancillary uses,
be approved as contained in Attachment 5;
4. THAT once all provisions contained in the Official Plan and Zoning By -law with respect to
the removal of the (H) Holding Symbol are satisfied through site plan approval, the By -law
authorizing the removal of the (H) Holding Symbol be approved;
5. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD - 009 -14 and Council's decision; and
6. THAT all interested parties listed in Report PSD- 009 -14 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
Submitted by: llblje� Reviewed by:
Crome, MCIP, RPP
Dire or of Planning Services
ATS /C P /df
14 January 2014
PAGE 2
Franklin Wu,
Chief Administrative Officer
REPORT NO.: PSD- 009 -14
1. APPLICATION DETAILS
1.1 Owner: Darclarke Properties Corp. (Canadian Tire Motorsport Park)
1.2 Applicant: Republic Live Inc.
1.3 Agent: Valerie Cranmer & Associates
1.4 Proposal:
Clarington Official Plan Amendment
PAG E 3
A proposed Clarington Official Plan Amendment to change the land use
designation from General Agricultural to Green Space to allow major
recreational uses.
Zoning BV -law Amendment
A proposed Zoning By -law amendment to permit outdoor camping, parking
and portable washroom facilities associated with events on adjacent
Canadian Tire Motorsport Park (CTMP) lands.
1.5 Area: 26.36 hectares (65 acres)
1.6 Location: Part of Lot 1, Concession 8, Former Township of Darlington (Figure 1)
2. BACKGROUND
2.1 The applications request changes to the Clarington Official Plan and Zoning By -law to
allow camping and ancillary uses, such as parking, washrooms and shower facilities
and would have the following characteristics:
• Only occur during special events held at adjacent CTMP, when demand for the
additional land is necessary
• No permanent buildings or structures are proposed (portable and temporary
structures installed for event)
• No proposed alterations to grading or natural features
• Lands would remain unserviced
• Existing agricultural use (hay) would continue
2.2 The temporary use zoning application was originally submitted in June 2013 and the
public meeting was held September 9, 2013. Following the public meeting, an
application to amend the Clarington Official Plan was submitted and the rezoning was
revised from a temporary use to a permanent use. The public meeting for the Official
Plan Amendment and revised Zoning By -law Amendment was held December 9, 2013.
REPORT NO.: PSD- 009 -14 PAGE 4
2.3 The applicant has submitted a Planning Justification report, a Natural Heritage
Evaluation, a Traffic Management Plan and a Phase 1 Environmental Site Assessment
in support of the applications.
2.4 The purpose of this report is to provide a recommendation for approval of changes to
the Clarington Official Plan and Zoning By -law to allow camping and ancillary uses on
the subject lands (Figure 1) owned by Darclarke Properties Inc. in association with
events held at adjacent Canadian Tire Motorsport Park (CTMP). It does not deal with
the many details associated with the management and delivery of the special event
itself. These would be addressed in part through the application for site plan approval
and other related permits required to allow the use.
2.5 The Boots and Hearts Music Festival has been held the past two years and most
recently from August 1 to August 4, 2013. Approximately 18,000 people camped at the
festival. Camping, which included both tents and recreation vehicles (RV's), was
accommodated as follows:
Owner
Approximate Number of
Campsites
Darclarke Properties Corp Parcel 1
2,500
Canadian Tire Motors port Park
2,000
Each campsite has the potential to accommodate up to 8 campers per site. Based on
the information provided, on average, there were less than 4 campers per campsite.
2.6 The Municipality has a Special Event By -law 91 -56, as amended. The purpose of the
by -law is to regulate and licence large exhibitions and events such as the Boots and
Hearts Music Festival and other events at CTMP. Prior to issuing a Special Event
license, a number of items must be addressed in accordance with the by -law including,
but not limited to:
• Description of the event and the land to be used for parking, camping, sale and
consumption of food;
• Time period of event;
• Proof of liability insurance;
• Agreement with the Municipality to save harmless and indemnify;
• Clearance by Durham Region Police Service that there is adequate police protection
for the event (securities /costs may be collected);
• Clearance by the Fire Chief that there is adequate fire protection (securities /costs
may be collected);
• Clearance by Durham Region Health Department certifying that the event satisfies
all public health and sanitation requirements; and
• Arrangements for noise monitoring for any event at CTMP.
2.7 The Special Event by -law is currently under review by the Municipal Solicitor. Future
amendments to the Special Event by -law will address issues arising relating to the
Boots and Hearts Music Festival, such as traffic, and other trends relating to special
events across the Municipality.
REPORT NO.: PSD-009 -1 4
Figure I -Grey Map
6�
REPORT NO.: PS D- 000 -1 4, PACE 6
3. LAND CCU „ R „ CTE=R=iCS AND SURROUNDING USEPS
3.1 The subject lands, owned by Darclarke Properties Corp., is located immediately west of
the existing Canadian Tire Motorsport Park lands, with frontage along Regional Road 20
and Concession Road 10, Clarke. The aerial photograph (see Figure 2) shows the
extent of the use of the subject property during the recent Boots and Hearts Music
Festival. The main event area on the Mosport site is shown on Figure 3.
3.2 The surrounding uses are as follows:
North e Existing Aggregate Extraction operation, agricultural land
South - Woodlot
East m Canadian Tire Motorsport Park
West e Existing licensed (inactive) Aggregate Extraction site, agricultural land
Figure 2 o Subject Site
REPORT NO.: PSD- 009 -14
4a
Figure 3
Event Area e Boots and Hearts FesUvai
PAGE 7
PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The lands have not been identified as a Prime Agricultural Area and thus they are
considered a Rural Area as defined by the PPS. Recreational, tourism and other
economic opportunities are promoted in Rural Areas. Development that is compatible
with the rural landscape and sustained by rural service levels should be promoted.
Development shall be appropriate to the available infrastructure. Locally important
agricultural and resource areas should be designated and protected by directing non -
related development to areas where it will not constrain these uses.
The PPS defines recreation as; leisure time activity undertaken in built or natural
settings for purposes of physical activity, health benefits, sport participation and skill
development, personal enjoyment, positive social interaction and the achievement of
human potential.
The proposed applications are consistent with the PPS.
REPORT NO,: PSD- 009 -14
4.2 Oak Ridges Moraine Conservation Plan ( ORMCP)
PAGE 8
The ORMCP designates the subject lands Countryside Area, and a small portion in the
southeast corner of the property is Natural Linkage Area. While the ORMCP was
enacted by Ontario Regulation 140/02, it is a policy document which requires
interpretation and is implemented through Regional and Local Official Plans. A detailed
review of the policies is outlined below.
4.2.1 Countryside Areas
Countryside Area policies promote the protection and continuation of agricultural uses,
but also permit the widest range of non - agricultural related uses on the Oak Ridges
Moraine.
The proposal for the campground meets the definition of a recreational use in the PPS,
although there is no similar definition in the ORMCP. The ORMCP identifies two types
of recreational uses.
Major recreational uses are those which require large scale modification of terrain,
vegetation or both and usually require large -scale buildings or structures. They include,
but are not limited to the following: .
• Golf courses
• Serviced playing fields
• Serviced campgrounds
• Ski Hill
Low intensity recreational uses are recreational uses,that have a minimal impact on the
natural environment, require very little terrain or vegetation modification and few, if any
buildings or structures, including:
• Non - motorized trail uses
• Natural heritage appreciation
• Unserviced camping on public or institutional land
• Accessory uses
The proposed camping use is not a campground, either serviced or unserviced. It is not
proposed to be operated solely as a campground nor is it open to any member of the
public.
The proposal therefore requires interpretation as to the intent,of the ORMCP. It should
be noted that the existing Canadian Tire Motorsport Park would meet the general
defining requirements of a major recreational use but it is not one of the examples listed.
A music festival would also be a major recreational use in that the support services
require the use of the buildings and structures constructed for the racetrack.
REPORT NO.: PSD- 009 -14
PAGE 9
It is noted that the low- intensity recreational uses are permitted within the Natural Core
and Natural Linkage Areas. This includes the most sensitive environmental features.
The intent appears to allow for recreational uses which would have minimal impact on
these features.
The proposal meets some of the elements of a low intensity recreational use — there is
little modification to the terrain or vegetation. However, this is only true because the
natural vegetation has been cleared for farming. No permanent buildings are proposed.
However, while it may be a use with low frequency, it is not a low intensity use for the
few days it operates, A low intensity use would not generate traffic impacts or the
potential for incompatibility with residential uses.
The camping area on the subject site is serving as an extension of Canadian Tire
Motorsport Park for the purposes of the recreational events being held at Canadian Tire
Motorsport Park, whether it is a music concert/festival or a motor vehicle race. It is not a
separate, independent campground operated on its own. Therefore, in staff's view it
should be viewed as a major recreational use for the purposes of conformity to the
ORMCP.
The ORMCP permits major recreational uses in Countryside Areas provided that they
are not designated as a prime agricultural area or an area primarily for agricultural uses
in the applicable official plan. Redesignating the lands from General Agricultural to
Green Space allows the major recreational use on a portion of the subject lands,
4.2.2 Natural Linkage Areas
Natural Linkage Area policies promote the creation of open space linkages between
natural heritage features identified as Natural Core Areas. The Natural Linkage Area
policies allow low- intensity recreational uses and unserviced park. Given the objectives
of the Natural Linkage Area policies to create linkages and improve or restore the
ecological integrity of the ORM, the Natural Linkage Area policies would not be
supportive of the proposal.
4.2.3 ORMCP Conformity
The proposed applications conform to the ORMCP in the Countryside areas provided
that the local official plan does not designate the land primarily for agricultural uses. The
Natural Linkage policies would not support the intensive if infrequent camping and
ancillary uses.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands Countryside Area and Natural
Linkage Area, consistent with the ORMCP using the same designations and
boundaries, The CTMP lands are identified as a Regional Node,
REPORT NO.: PSD- 009 -14
PAGE 10
Parallel to the analysis provided on ORMCP conformity, the proposal conforms to the
Durham Regional Official Plan in the Countryside areas. The Natural Linkage policies
would not support the camping and ancillary uses.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands General Agricultural and Natural
Linkage Area with Environmental Protection Area noted for the significant woodland.
The General Agricultural designation is more restrictive than the policies of the ORMCP
and Regional Official Plan Countryside Area designation. The Natural Linkage Area
policies are consistent with the ORMCP and Regional Official Plan. No development is
permitted on lands designated Environmental Protection Areas, except low- intensity
recreation and uses related to forest, fish and wildlife management or erosion control
and stormwater management.
Temporary use by -laws may be passed to permit the use of lands, buildings or
structures, on a temporary basis, for a maximum of three (3) years, for any purpose
provided that:
a) the proposed use is temporary in nature;
b) the proposed use is compatible with adjacent existing land uses, there is minimal
impact on the environment, or satisfactory measures to mitigate any adverse
impacts will be applied;
c) there will be no adverse impacts on traffic or transportation facilities or services_ in
the area;
d) adequate access and parking are provided;
e) the use can be removed and the site can be restored to its original condition;
f) adequate sewage disposal and water services are available in compliance with
provincial and regional standards; and
g) it does not jeopardize the long term implementation of this Plan.
Generally, Council will not permit the extension of any temporary use by -law beyond a
period of 10 years.
The Official Plan indicates that if the boundaries of the land use designations do not
coincide with a physical or natural feature, such as a creek, road or property line, minor
deviations are permitted that do not alter the intent of the Plan.
6. ZONING BY -LAW
6.1 Zoning By -law 84 -63 zones the subject lands "Agricultural (A) ", "Natural Linkage (NL)"
and "Environmental Protection (EP) ". The "A" zone permits agricultural uses and a
single detached dwelling. The "NL" and "EP" zones permit agricultural uses and
recognize existing dwellings. The Minimum Area of Influence overlay applies to all
zones for lands within 90 metres of the "EP" zone limits.
REPORT NO.: PSD- 009 -14
7. PUBLIC NOTICE AND SUBMISSIONS
PAGE 11
7.1 Public notice was given by mail to each landowner 'Within 120 metres of the subject
property, all interested parties, and a public meeting sign was erected along Regional
Road 20 on two separate occasions for the public meetings held on September 9, 2013
and December 9, 2013.
7.2 On behalf of residents, Leslie and Ken Kerrigan, planning consultant, Susan Lloyd
Swail, provided a written submission and provided a presentation at the December 9,
2013. A copy of the submission is included as Attachment 1,
7.3 Other concerns raised regarding the Boots & Hearts Music Festival, include:
• Protection of the Oak Ridges Moraine
• Public safety
• Public nuisances
• Security and safety of nearby residents
• Traffic congestion, including blocked access to neighbouring properties
• Condition of rural roads in area may not be designed to accommodate traffic
• Concert attendees speeding along rural roads
• Noise generated from the music festival
• Trespassing onto private property — concert attendees looking for parking, camping,
firewood etc.
• Littering on private property — produced by those stuck in traffic
• Communication between CTMP /Republic Live Inc. and neighbouring property
owners
• Loss of telecommunication signals
7.4 Through the public process, the benefits of the music festival have been highlighted
including the positive impact to the economy and the recreation and tourism
opportunities surrounding the event.
8. SUPPORTING STUDIES
A Planning Justification Report, Natural Heritage Evaluation, Traffic Management Plan
and a Phase 1 Environmental Site Assessment were prepared in support of the
application and are summarized in Attachment 2.
9. AGENCY COMMENTS
9.1 Regional Planning Department
Regional Planning provided comments advising the proposed camping is permitted by
the policies of the Regional Official Plan, and they have no objection to the proposed
applications. However, the Region suggests that the Clarington Official Plan
REPORT NO.: PSD- 009 -14
PAGE 12
Amendment include site specific policies given the nature of the proposal. The
Clarington Official Plan and /or Zoning By -law provisions may include policy and /or
regulations relating to setbacks, waste management/water supply, and traffic
management. The application is exempt from Regional approval.
The Phase 1 Environmental Site Assessment finds no evidence of contamination on the
site. The Region accepts the findings. The Region requests that the recommendations
of the Scoped Natural Heritage Evaluation be followed during any approved camping
use. The Region also requests additional information to satisfy the Minimum Distance
Separation calculations if there are nearby agricultural operations.
9.2 Regional Health Department
The Health Department advised they do not object to the applications. They require
written submission made to the Regional Health Department, at least 4 weeks in
advance of any camping activity, for review and approval. The submission should
include details regarding the storage, haulage route and disposal of any portable
facilities as well as the source, storage and haulage route of any drinking /potable water.
9.3 Regional Works Department
The Traffic Management Plan has been reviewed by the Durham Regional Works. The
report is generally acceptable, however, technical comments have been provided to the
traffic consultant for consideration in the final report. Specific requirements can be
addressed through site plan approval or the special event permit. .
9.4 Ganaraska Region Conservation Authority
The Ganaraska Region Conservation Authority has reviewed the application and the
proposed Natural Heritage Evaluation. The GRCA highlights that the evaluation does
not fully report on the impacts of the private campground on the woodland, i.e. intrusion
of patrons, noise, light and litter. The evaluation suggests that camping be permitted up
to the limit of the significant woodland, however the GRCA recommends that a buffer
(minimum vegetation protection zone) be provided to satisfy provisions of the Oak
Ridges Moraine Conservation Plan. The GRCA recommends that the buffer be
implemented through the Zoning By -law Amendment and that the future site plan
agreement include requirements to install fencing and signage to diminish instrusion into
the woodland and buffer area. It is recommended that a monitoring plan be prepared to
measure effectiveness of the mitigation measures over the course of the events, should
the applications be approved.
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services
All fire access routes to all camping areas shall have a minimum width of 6.0 metres.
REPORT NO.: PSD- 009 -14
10.2 Engineering Services
W-AMME
The Traffic Management Plan indicates that there should be sufficient roadway capacity
provided that intersection operations and ticket processing at the gates are managed
efficiently. The detail of the recommended improvements submitted in support of the
festival and camping is currently under review. The recommended improvements will
occur over the fullness of time and can be phased. Full implementation of a 2014
Traffic Management Plan will be part of the required Special Events process. However,
Engineering Services recommends that prior to lifting the (H) Holding symbol, an,
agreement is entered into with the owners /Republic Live for the necessary
improvements (paved shoulders) along Concession Road 10.
The use of Darlington - Clarke Townline Road for access to the campground area will not
be permitted. The point where Darlington - Clarke Townline Road is crossed must be
along the open portion.
A 30 metre x 10 metre sight triangle is required at the intersection of Concession Road
10 and Darlington - Clarke Townline Road. The southerly limit of the open portion of
Darlington - Clarke Townline Road must be barricaded to traffic two days before, during
and two days after any music festival. The applicant will be responsible for 100% of all
costs, financial and otherwise to establish a suitable road barricade.
Engineering Services highlights that while there is no re- grading proposed at this time,
any future plans for re- grading would require the approval of a grading and drainage
plan and may warrant a site alteration permit and /or a road damage deposit.
10.3 Building Division
The Building Division has no concerns regarding the application.
10.4 Operations
The Operations Department has reviewed the Traffic Management Plan and finds that
the report addresses current issues, however, costs for recommended improvements
are not identified in budget forecasts.
11.' DISCUSSION
11.1 Republic Live is requesting permission to allow camping, parking and portable
washroom facilities on the subject lands related to events on the adjacent Canadian Tire
Motorsport Park lands, a designated Tourism Node. In order to permit these uses,
amendments to both the Clarington Official Plan and Zoning By -law are required.
11.2 Canadian Tire Motorsport Park is an established facility with zoning for a motor vehicle
race track, agricultural fairground and music festivals. CTMP has an area of
approximately 290 hectares, however approximately two- thirds of the site is protected
as a significant woodland feature and unavailable for camping.
REPORT NO.: PSD- 009 -14
PAGE 14
11.3 CTMP is identified as a Tourism Node in the Clarington Official Plan, an indication of an
area of major tourism and recreation potential. The Oak Ridges Moraine Conservation
Plan would consider CTMP a major recreational use and provides policies for the
establishment and expansion of such uses.
11.4 The applicant is not requesting an expansion to the Tourism Node, but rather requests
that during certain events at CTMP, permission be granted to allow camping, parking
and portable washroom facilities on the subject land. As part of these applications,
there are no plans to construct any permanent structures, expand the principle race
track use, or make any significant alterations to the site.
11.5 There is a hierarchy of issues related to the Boots and Hearts Music Festival. At this
stage the planning applications are to ascertain the suitability and desirability of the
proposed land use. Some of the most important issues to residents relate to the
management and delivery of the event. These matters are best addressed through the
Special Event Permit process, which will occur later.
11.6 Conformity with the ORMCP
A detailed review of the ORMCP and the Regional Official Plan policies is discussed
above.
Staff are currently completing the review of the Clarington Official Plan. On a broader
policy context, the Regional Official Plan has eliminated the two -tier agricultural
designations. The General Agricultural Area Designation, which includes the subject
lands, is being eliminated and those lands are being redesignated either as Prime
Agriculture or as Green Space. The Countryside Discussion Paper has recommended
that the General Agriculture Area designation on the subject site and. in the vicinity be
redesignated as Green Space. The applicant's proposal is consistent with the approach
being put forward by staff in the Official Plan Review.
The ORMCP permits major recreational uses in the Countryside Area provided that they
are not prime agricultural areas or areas designated for primarily agricultural purposes.
The subject lands are not considered prime agricultural lands; they have a Class 6 soil
capability classification. The redesignation of the subject lands from General Agriculture
to Green Space is appropriate. The property still has value as an agricultural resource.
The temporary nature of the events would allow agricultural uses to continue (e.g.
haying) outside of the event period.
11.7 Natural Heritage
The Natural Heritage Evaluation supports camping up to the edge of the woodlot. Staff
are recommending a minimum 15 metre buffer to the woodlot be maintained. The
ORMCP requires a minimum vegetation protection zone of 30 metres which is currently
zoned Environmental Protection beyond the limit of the features. In this situation and
based in part on the Natural Heritage Evaluation. The Ganaraska Region Conservation
Authority supports a reduction of the 30 metres to 15 metres as the tents are not
permanent structures, and will be there on a temporary basis.
REPORT NO.: PSD- 009 -14
PAGE 15
Staff recommend no camping or any other use be permitted in the 15 metre buffer to the
woodlot and within 25 metre around each butternut tree. The areas to be used for
camping are identified through the Zoning By -law Amendment. The site plan process
will require the buffer limit to be signed and fenced.
As a condition of site plan approval, staff will require monitoring to take place during and
following the event(s) to measure effectiveness of the mitigation measures over the
course of the events, should the applications be approved. Previous years' monitoring
reports, prepared by the applicant's environmental consultant, will be required prior to
issuance of subsequent special event license.
11.8 Residence at 3135 Concession Rd 10 (Osborn)
The resident at 3135 Concession Rd 10 is surrounded on three sides by the subject site
and Concession Road 10 on the fourth side. The resident raised various concerns
regarding the impacts on his property given its close proximity. The owners were aware
of Boots and Hearts when they acquired the property but were concerned if this was
extended through the summer for other Mosport events. The resident requested that
impacts be mitigated. Staff recommend providing a minimum 15 metre buffer around
this property and will require fencing and signage to avoid trespass. Any temporary
lighting will be directed away from the private residence. Uses on the Darclarke
property in the vicinity of the Osborn property will also be reviewed through site plan
approval to minimize conflicts.
11.9 Traffic
Generally, the Traffic Management Plan (TMP) has demonstrated that the surrounding
road network can accommodate the traffic generated by the music festival, including
camping; and operational improvements have been presented in draft form.
The TMP contains many recommendations. Implementation of the plan will include
prioritization and feasibility of the suggested improvements, followed by implementation
of select improvements as a requisite for the 2014 festival and beyond. Cost - sharing will
be part of the discussion.
The initial findings of the Traffic Management Plan are sufficient to support the Official
Plan Amendment and Rezoning. Implementation of the TMP will be part of the Site Plan
application and Special Event Permit process in 2014 and beyond.
11.10 Recommended Official Plan Amendment
The land use designation must conform to the policies of the Oak Ridges Moraine
Conservation Plan and Durham Regional Official Plan. A proposed Official Plan
Amendment is included as Attachment 3. Planning Staff recommend redesignating the
General Agriculture lands as Green Space with additional site specific policies that
would govern the use:
• Camping is a permitted, temporary use related to events at CTMP;
• Site Plan approval is required to address detailed site issues;
• Alteration to grades is prohibited; and
REPORT NO.; PSD- 009 -14
® Buffers and environmental protection implemented through Zoning By -law
amendment and Site Plan,
11.11 Recommended Temporary Use By -law
PAGE 16
Under the provisions of the Clarington Official Plan, the land use boundaries shown in
the Official Plan can be further defined provided it meets the intent of the Plan. The
proposed Zoning By -law provides for an alignment that is more consistent with the
boundaries of the Natural Heritage system.
The rezoning application, as modified, requests a permanent zoning on the site to allow
camping uses in association with either music festival or race events. However, as
noted above, at the present time, CTMP has no plans that would require the use of
these lands for race events.
Furthermore, the Boots and Hearts Music Festival is an evolving event which is growing
every year. There should be opportunity for Council to review the negative and positive
impacts as the festival evolves, particularly since some of the operations issues can
negatively impact surrounding neighbours unless they are managed well. For this
reason, it is recommended that only a temporary zoning be enacted for a three year
period. Should the festival either outgrow this site or no longer be held, upon the
expiration of the zoning by -law, the lands could continue as an agricultural use. In the
future, the temporary use zoning could be further extended by Council or a permanent
zoning be established.
The proposed zoning by -law contains provisions that would limit the use of the site for
camping for the period between July 15th to August 15th of each year. In addition,
vehicle parking would be permitted from July 15th to September 10th of each year. This
would effectively limit the camping use for two music festivals that Republic Live would
possibly hold. In part this time restriction is proposed because of the impacts on the
resident to the north. It would also allow for agricultural uses to continue outside of the
festival period. Parking for the music festivals or races would be permitted for a longer
period as it would have less impact on the residence.
It is also recommended that the (H) Holding symbol be applied. The (H) Holding symbol
can be lifted once the site plan process is completed, including resolution of all site
layout issues and an agreement regarding the improvements along Concession Road
10 that are to be completed prior to the 2014 event.
11.12 Further Steps
The owners are required to obtain site plan approval and enter into an agreement with
the Municipality. In addition, Republic Live is required to obtain a Special Events Permit
for the Boots and Hearts festival. At the present time, an update of the Special Events
By -law is being prepared. Many of the key issues raised by residents are detailed
design or event management issues.
The following matters and many others will be addressed either through site plan
approval or the Special Events Permit:
PAGE 17
Site specific issues for Darclarke properties
• Site layout, including campsites, lane ways, washroom and shower facilities
• Site access
• Fencing
• Navigation Signage for camping areas
Event -wide issues
• Road Network Improvements
• Event Traffic management plan
• Emergency management plan
• Communication plan
The submission prepared by Susan Lloyd Swail, Planit Connections Consulting
Services (Attachment 1) has been forwarded to Republic Live for consideration in their
event planning, as well as departments and agencies involved in the permits /licenses
for the Boots and Hearths Music Festival.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommend that the proposed Clarington Official Plan Amendment 96 (Attachment 3)
and Temporary Use By -law (Attachment 5) be approved.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Submission by Susan Lloyd Swail
Attachment 2 - Summary of Supporting Studies
Attachment 3 - Proposed Official Plan Amendment
Attachment 4 - Adopting By -law
Attachment 5 - Proposed Temporary Use By -law
REPORT NO,: PSD- 009 -14
List of interested parties to be advised of Council's decision:
Darclarke Properties Corp.
Republic Live Inc.
Valerie Cranmer
Kenneth & Leslie Kerrigan
Rob Whitehead
Susan Lloyd Swail
Rick Rondeau
Carolyn Molinari
Garry Niece
Tricia Hebert
Justin Oliver
Kevin Anyan
Mark & Marilyn Osborn
Orlando Corporation
Brad Black
Rick James
PAG E 18
Attachment 1
To Report PSD- 009 -14
Plant Connections Consulting Services Inc,
November 25, 2013
Mr, David Crome,
Director of Planning Services
Town of Clarington
40 Temperance St,
Bowmanville, On
L1C 3A6
RE: Comments for Public Meeting ZBA- 2013 -0016, COPA 2013 -0004
I am pleased to provide you with an opinion regarding the proposed use of the property at Part Lot 1,
Concession 8 in the Municipality of Clarington. In this letter, I will address planning policy conformity
issues associated with this application in regard to the Planning Act and other relevant policies
specifically, the Oak Ridges Moraine Conservation Plan ( ORMCP), the Provincial Policy Statement, the
Region of Durham Official Plan, and the Municipality of Clarington Official Plan and Zoning By -law; the
policies that are applicable to this application. Further, I will provide a review of the associated reports
provided by the planning department regarding natural heritage evaluation and transportation planning.
ere- were'a- n u- nber - -of- issues with- the - management -of -the- Boots- and - Hearts- fes -tiva
Should the application be approved we ask that the Municipality require site plan conditions to ensure
the event is managed to reduce the impacts on the neighbouring rural residents as well as reducing
potential - liability - issues.- .._- _____.......__.._....__.... _....__...
The- proposed-temporary land-use-consists of-outdoor camping with -a capacity for 20;000 people- on -a-57
acre site with associated parking and portable washroom facilities required for entertainment events to
be held on Canadian Tire Motorsport Park site. My clients, the Kerrigan's have a number of concerns
related to the proposed use. The activities and use of the property for this event in 2013 demonstrated
that the concerns they brought forward to Council last fall were warranted. It appears that a number of
regulations and guidelines associated with an event of this nature, namely, the Region of Durham Public
Health guidelines for outdoor gatherings, and the Alcohol and Gaming Commissions requirements were
not met. In this report, I will provide an overview of the Kerrigan's concerns regarding the issues with
the 2013 event management, an overview of management practices for outdoor music festivals and
suggestions for improved management and health and safety, if the event is to continue at this location.
When determining which provincial policy applies to an application, I refer to the Official Plan and
provincial maps to determine whether lands are within the Places to Grow Plan (growth areas) or within
the Oak Ridges Moraine, and /or Greenbelt. In this case, the lands in question are located at Part of Lot
8, Concession 1, 5216 Darlington Clarke Townline, in a rural area within the Oak Ridges Moraine
Planning Area, therefore, the ORMCP is the applicable provincial policy. It is a prescriptive provincial
plan, it is not interpreted like an Official Plan, as a result planning decisions are generally conservative as
the language and policies regarding permitted uses is specific. Uses that are not permitted are not
included in the description. The policies of the municipality must conform to the ORMCP, implementing
plans such as the Municipality of Clarington's Official Plan, 2005 -109 can be more restrictive, but not less
restrictive than the conservation plan.
After an analysis of the permitted uses within agricultural areas and a review of the policy on low
intensity recreational uses permitted on the Oak Ridges Moraine, it is my opinion that the land uses
proposed in this application do not conform to the policies in the ORMCP. The low intensity recreational
policies in the ORMCP permit unserviced camping on public or institutional lands. The proposed OPA
would change the zoning to green lands within the Clarington Official Plan, but the lands would remain
in private ownership and be used for commercial purposes, namely, the leasing of plots for camping on
a temporary basis and agricultural uses. Further, there are some differences between the green land
designation and the Regional Official Plan which would likely designate these lands Major Open Space -
Oak Ridges Moraine Conservation Plan.
I would ask you to provide this opinion to the Mayor and Council for the December 9t" Council meeting
so that it becomes part of the public record for this file.
1. Summary of Planning Opinion
A. Oak Ridges Moraine Conservation Plan ( ORMCP)
When considering applications for uses within the Oak Ridges Moraine Plan area is it important to
review the objectives of the Plan. The objectives are to protect the ecological and hydrological functions
of the Oak Ridges Moraine; by ensuring that only land uses that maintain, improve or restore the
ecological and hydrological function of the Oak Ridges Moraine are permitted....
The proposed lands are within a countryside and natural linkage area of the ORMCP. The Municipality
of Clarington has amended its Official Plan to conform to the ORMCP, under by -law 2005 -109. The
property under consideration is identified as agricultural and natural linkage on map E4, by -law 2005-
109.
The primary use of the property is currently agriculture general. The ORMCP identifies agricultural
related uses as commercial or industrial uses that are, small scale, directly related to the farm operation
and required in close proximity to the farm operation.
According to the application, the applicant is proposing a temporary use; overnight camping with
temporary washrooms and parking facilities which is identified in a letter from the applicant's planner as
an accessory use to the Canadian Tire Motorsport Park. In the ORMCP 'accessory use' is defined as a
use of lands that is normally incidental or subordinate to the principal use. As the principal use is
agriculture, and the lands are not identified in the Regional Official Plan as being part of the CTMP node,
the view that this use is an accessory use is not consistent with the definition of accessory use in the
ORMCP as a campground is neither incidental to, or subordinate to the existing agricultural use on this .
property as the use is unrelated.
The applicant considers the use to be consistent with a low intensity recreational use. The ORMCP
specifically identifies a number of examples of what a low intensity recreational use in Sec. 37(1). Low
intensity recreational uses are recreational uses that have a minimal impact on the natural environment
and require very little terrain or vegetation modification, and few if any buildings or structures, including
but not limited to the following:
1. Non - motorized trail uses
2. Natural heritage appreciation
3. Unserviced camping on public or institutional land.
4. Accessory uses.
The proposed use in this amendment is agriculture and unserviced camping on privately owned
commercial lands. As the lands are neither publicly owned or operated or institutionally zoned the use
does not conform to the Oak Ridges Moraine Conservation Plan as set out in Section 37.
Further, the density of the camping is not consistent with the size and density of campsites on public or
institutional campgrounds. If the use was licensed as a tourism establishment under the Tourism Act,
R.S.O. Reg. 1037 Sec. 9 (4). The size of the campsites would be considerably larger. The Act states "Each
campsite shall have an area of at least 186 square metres with an open and graded parking space
sufficient to permit a minimum clearance of 4.5 square meters between sides and three metres between
ends of adjacent recreational vehicles." If this use of the land is approved, due to the discrepancy
between the proposed use and both the ORMCP descriptions of low intensity uses and the Tourism Act
description of a campsite it would seem reasonable to request that the applicant increase the size of the
campsites and decrease the density of campers per site.
B. Region of Durham Official Plan
The Regional Official Plan identifies the proposed parcel as Natural Linkage and Countryside in the Oak
Ridges Moraine Conservation Plan area. The parcel adjacent to the proposed use, Canadian Tire
Mosport Park is identified on Schedule A, Map 5 as an existing regional node. The Region of Durham
Official Plan has updated their plan to conform to the Greenbelt Plan, Policy 9 C. 2.1. states, "In the
preparation of area municipal official plans, Councils of the area municipalities shall include provisions
to complement the intent of this Plan and the provisions of this Section regarding the development of
Regional Nodes." The development of the Regional Node includes the lands within the mapped
Mosport Park area and does not appear to be applicable to lands adjacent to Mosport Park, at this time.
The Regional Official Plan and Local Official Plan must conform to the ORMCP. Any request to make
changes to the ORMCP, to include adjacent lands within the Regional node should be made to the
province at the time of the ORMCP review in 2015.
C. Municipality of Clarington Official Plan
The subject lands are currently zoned agricultural and are identified in the Municipality of Clarington's
Official Plan as General Agricultural Area.
An Official Plan amendment has been made by the applicant to permit low intensity recreations uses
namely, unserviced camping on the proposed lands. This amendment would see the zoning change from
General Agriculture to Open Space -Green Space lands in the COPA. Rezoning within the Oak Ridges
Moraine has certain requirements as noted in ROP 10.13.2.2. If the COPA is approved we suggest the
wording for the COPA include a reference to the Oak Ridges Moraine natural linkage area on the
property.
D. Density of Camping
The proposed density of camping on the lands, eight persons and a vehicle for each 15' X 20' plot over
57 acres, or 20,000 persons is generally not consistent with unserviced camping uses on public open
space, institutional campgrounds or parklands. There are few regulations which control the size and
management of camping facilities. One regulation that addresses the density of the proposed use is the
Tourism Act, R.S.O. Reg. 1037 Sec. 9 (4). If the proposed use is to continue on this property we ask that
the density of camping sites be more consistent with the requirements under the Tourism Act as these
requirements seem to be more consistent with the low intensity recreational uses identified in the
ORMCP.
Further, the comments noted by the applicant's planner noted the Ganaraska Region Conservation
Authority interpreted the use as intensive during the period when the event is occurring.
E. Summary of Planning Opinion
It is my opinion as a professional planner that the proposed use does not conform to the Oak Ridges
Moraine Conservation Plan as set out in this application, as the proposed use is for commercial
purposes, leasing overnight accommodation plots for camping associated with a music festival, and
further, that the density of the use is not consistent with the nature of low intensity uses identified in
the conservation plan. This specific use has a fairly high density compared with the low intensity uses
identified in the plan, such as nature appreciation, non- motorized trail uses, and low intensity camping
on public or institutional lands. The proposed use, 2,500 camp sites with.a maximum of eight persons
persite or 20,000 people and 5,000 cars on a 57 acre parcel is more consistent with a commercial
entertainment or tourism use.
2. Natural Heritage Evaluation
The applicant included a scoped Natural Heritage Evaluation in this application. This scoped evaluation
provides an evaluation of the site on one day, during the fall. As the applicant is proposing to use this
site for a number of events over the summer it is difficult to determine the impacts if the intensity, the
number of events, and date of the events is unknown. This evaluation does not appear to evaluate the
impacts associated with the unknown multiple events occurring over a summer. Another limitation with
the evaluation is the lack of a specified "dimension of the required minimum vegetation protection
zone" as required under Section 29 of the Oak Ridges Moraine Conservation Plan, ROP 10.13. 2.9. A line is
indicated on the NHE figure 8, but it'does not specify the dimension or the GPS locations for the
protection zone. Without this information compliance monitoring of the proposed mitigation measures
may not be possible.
Is this density of camping having an adverse impact on the Oak Ridges Moraine? ORMCP defines
"adverse effect" as any impairment, disruption, destruction, or harmful alteration. The PPS provides
further refinement of the definition, with the understanding that the PPS is the minimum standard.
Adverse effects in the PPS means one or more of;
Impairment of the quality of the natural environment for any use that can be made of it;
injury or damage to property or plant or animal life;
harm or material discomfort to any person;
any adverse effect on the health of a person;
impairment of the safety of any person;.
rendering any property or plant or animal life unfit for human use;
loss of enjoyment of normal use of property;
and interference with normal conduct of business.
Photographs from the 2013 event would suggest that the trucks mudding on the site and the patrons
using the forest as a washroom likely impaired the natural environment and may have damaged plant
life. Further, local residents found it very difficult to travel on the local roads which may have interfered
with normal business for local businesses and as the Kerrigan's have argued, they experienced a loss of
enjoyment of the normal us of'their property. To determine the adverse effect of this use for future
events the extent of the use, number of events per year, needs to be determined. Once that information
is available the NHE should identify whether the minimum vegetative protection zones are adequate,
how the area will be improved, and how the impacts will be mitigated. As the impacts will occur
intermittently over the summer, we suggest that the Municipality institute a monitoring program as part
of the condition of approval to ensure mitigation measures are put in place and to determine whether
there are any adverse effects.
We support the recommendations within the natural heritage evaluation that privies and generators be
located away from the forested area. The recommendation that vehicles remain outside of the natural
heritage area of influence will be easier to enforce if the event management restricts off -road vehicles
(off -road trucks, ATV's dirt bikes, etc.) and /or keeps cars parked offsite altogether, as it is unlikely a
snow fence will deter these massive vehicles. In summary, without a natural heritage evaluation based
on the extent and timing on the use on the site it is not possible to determine whether the additional
use is having an adverse impact.
3. Event Management Issues
The Kerrigan's brought forward a number of concerns and compatibility issues at the public meeting
held on September 9t", 2013 regarding the rezoning application for this site. These issues still remain a
concern and we ask the Township to consider our analysis and recommendations to reduce potential
liabilities as well as provide for the continued safety, peace and quiet enjoyment for the. To
understand the normal management practices of these events we developed a best practices
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comparison of some of the largest music festivals held in Canada as well as a few U.S. examples. This
table provides information which suggests that strong management practices are the norm at these
festivals. These practices may help to manage liability issues, reduce or control impacts to adjacent
property owners and allow for the continued enjoyment of the event by festival patrons.
A. Age of Campers/ Alcohol consumption
Reports and images suggest underage drinking was likely occurring on the campgrounds. While camping
is given the same consideration under the law as one's home, that is, drinking is permitted in the family
campsite. It is likely there were participants at the event that were underage and without a parent.
These events are very social in nature, movement of campers from one site to another is generally
encouraged at these events to support the party atmosphere. This makes it very difficult to restrict the
consumption of alcohol at 'home' or 'on-site. We recommend that Republic Live consider restricting the
event to people 19 years of age and over, anyone under the age of 18 should be accompanied by a
parent or guardian.
B. Security of Site
At the event last August, the Kerrigan's noted there were only 2 police officers at the Meadows
entrance. There are also reports that concert goer's ignored and taunted hired security personnel. For
the purposes of effective security and crowd control in the event of an emergency, it is unlikely that two
officers can control or manage enforcement issues that are likely to occur such as underage drinking, the
selling of illegal substances, rowdiness and emergency management. To limit liability and the potential
for dangerous activities we ask that the management plan require: a substantial increase in the number
of police officers and private security over last year to allow for random patrols of the grounds as well as
vehicle and people searches before admittance; that a list of eviction offences be listed on the website,
provided at the event and enforced by security personnel; and that an emergency management plan be
in place and rehearsed; and a police command centre be established with cameras to monitor unlawful
activities (as used at the Gentlemen of the Road concert held in the Norfolk Fairgrounds).
C. Parking and use of Vehicles
Last year, video taken at the event identified that off -road trucks were 'mudding' near the forested area.
This activity is a potential liability, as there is no way to know if the driver is impaired, further the activity
is high risk with spectators nearby and may it result in injury. This type of activity also reduces the
commercial area available for tent camping and may also be in contravention of the requirements of the
ORMCP to 'limit activities that may stress the ecological integrity of the moraine'. We ask that the
management plan restrict vehicles to the area of the property designated countryside on the ORMCP
maps and that the vehicles remain in lock up until the event is over and or attendees decide to leave in
which case no, in -outs privileges are permitted. Once they leave they cannot return. This is a common
practice at many of these events.
FIGURE 3 — 2013 Camping Layout
D. Public Health
a. Sanitary facilities
In 2013, we understand 50 privies were provided, the same
number that are displayed on the map included in the OPA
application (figure 3, provided by Valerie Cranmer and
Associates). According to the Durham Public Health
guidelines for outdoor events with alcohol consumption
503 privies are required for the 20,000 people planned
(249 male /249 female) and 251 hand washing stations.
The number of privies required to run this event continues
to be grossly underestimated. We ask that the applicants
work with Durham Public Health to ensure the health
guidelines for outdoor events are followed to reduce the
potential for infection and the number of campers using
the forest as a washroom.
b. Garbage
Reports from local residents noted that garbage pick -up
was insufficient during and after the event and that
recycling did not occur. Durham Public Health requires that
garbage be collected not less than once daily. We ask that
the management plan for the event and subsequent events require commercial garbage and recycling
pick up during and after the event to manage health and environmental impacts from the garbage
generated.
E. Noise Curfew
A number of similar outdoor music festivals we researched for best management practices regarding
noise curfews. Most festivals have a noise curfew. The Boots and Hearts event last year restricted
generators operating at certain hours but there was no posted restriction for general noise. We
encourage the event organizers and the management plan team to institute a noise curfew and follow
the by -law for amplified music and general noise so as not to disturb neighbours in adjacent tents.
F. Grounds for Eviction
The events with camping generally post 'ground rules' for the festival attendees. Posting rules provides
clear communication to attendees on what is or is not acceptable and provides the management team
and security personnel clear communication on what will not be tolerated as well as providing grounds
for removal or eviction of unruly patrons. We suggest the following grounds for eviction be considered
for this event: underage drinking, breaking noise curfew, misuse of vehicles, moving tent stakes, rowdy
or threatening behavior, similar grounds are instituted at the Big Valley Jamboree,
4. Transportation Plan
The transportation plan has many excellent recommendations. We support many aspects of this plan
and we encourage the applicant and the stakeholders to vvork together to ensure the recommendations
in this plan are carried out. We would like to suggest that that our client, the Kerrigan's as a rural
stakeholder be included in the discussion and planning for the transportation management.
In Summary,
It is our opinion that the proposed use does not conform to the Oak Ridges Moraine Conservation Plan
for low intensity recreational uses both in terms of the density of the proposed use and the
interpretation of this policy for private commercial use.
If the use is approved there are a number of recommendations we ask the Municipality and other
regulatory agencies to require as conditions for site plan approval and or /event approval for future
events.
1) Limit campers to 4 /site and increase plot size.
2) Restrict the event to people over the age of 19 or accompanied by a parent.
3) Address the possibility of impaired driving by restricting access to cars and keeping off -road
vehicles off -site.
4) No camping, privies, cars or generators in buffer areas.
5) Consult with rural residents concerning traffic management, and have a representative from
the Kerrigan family on the management. committee.
6) Encourage carpooling, and provide shuttles to hotels, shops and parking lots in town to
promote economic development.
7) Increase police security, search persons and vehicles, provide enough security personnel
that random police patrols occur at night, develop and rehearse an emergency management
evacuation response and ensure there are enough police officers onsite to deal with
emergency management should the need arise.
8) Post a list of actions that will result in eviction and enforce it.
9) Enforce a 1:30 a.m, noise curfew
10) Sanitation- follow Durham Health guidelines for outdoor events, daily pump out and solid
waste removal, provide recycling.
11) Follow recommendations in the Stantec Transportation Management Plan.
12) Revise the Natural Heritage Evaluation to ensure it based on accurate timing of the events,
the extent of the use and a realistic estimate.of the number of patrons onsite.
Thank you for your consideration.
Prepared for: Leslie and Ken Kerrigan
9015 Mosport Road,
Orono, ON
LOB 1M0
Respectfully Submitted by,
Susan Lloyd Swail, MES PI.
Principal,
Planit Connections Consulting Services
23 Kinsley St,
Nobleton, On LOG 1N0
Attachment 2
To Report PSD- 009 -14
SUMMARY OF SUPPORTING STUDIES
Plannina Justification Report. Valerie Cranmer, October 2013
The Planning Justification Report recommends the lands designated General Agricultural Area
be redesignated to the Green Space designation. The consultant relies on the Countryside
Area policies of the ORMCP and opines that the proposed use satisfies the definition of a low -
intensity recreational use as defined by the ORMCP, and finds that the proposal is consistent
with the PPS and ORMCP and would conform to the requirements of the Durham Regional
Official Plan.
The report finds that the development would not have a negative impact on significant natural
heritage features following implementation of the Natural Heritage Evaluation; and, would not
have a negative impact on the agricultural use of the site or on any agricultural operations in
the area. With the implementation of the Traffic Management Plan, the impact on the adjacent
landowners by vehicle access to CTMP prior to and during the event will be greatly reduced.
The report also highlights the local and regional economic benefits.
Natural Heritage Evaluation, Oakridpe Environmental Ltd., October 2013
The report includes the following recommendations:
• A 30 metre limited use setback from the Significant Woodland, Key Natural Heritage
Feature;
• A 30 metre limited use setback from the Significant Valleyland;
• A 25 metre setback radius applied to each of the identified Butternut trees where no
activities will be permitted;
• Within the 30 metre setback activities be limited to tent camping only, no campfires, use of
generators prohibited, portable privies located outside of setback, no motorized vehicles
and only low watted lighting used and directed toward the ground;
• Appropriate signage should be posted to educate patrons regarding the restrictions in
limited use areas;
• Signage should be installed along the forest edge to prevent entry into the significant
Woodland and Significant Valleyland areas;
• No concert events to occur between May 1 and June 30;
• To mitigate any issues associated with litter and garbage associated with the events,
temporary signage and snow fencing should be installed along the woodland edge to
prevent litter from entering the forest during concert events;
• A recycling program should be instituted during the events;
• Periodic checks of sites with generators should be conducted to verify that equipment and
containers are not leaking; and
• Proponent should advise patrons upon entry of the environmental sensitivity of the site and
the need to handle fuels appropriately.
Traffic Management Plan, Stantec, October 2013
The report addresses issues that arose during the 2013 Festival. The conclusions include:
The combination of the volume of the arriving traffic and limited ticketing processing
capacity contributed to long delays for access and extensive vehicular queuing on local
area roadways;
• Sufficient roadway capacity should be available provided that intersection operations
and ticket processing at park gates are managed efficiently;
• The securing of lands adjacent to CTMP for camping purposes and temporary vehicle
staging to assist in managing queuing on the public road system should assist in
dispersing arriving traffic and reduce ticket processing time;
• The provision of pre -trip traveller information and the encouragement of transportation
demand management measures are important components of the overall Traffic
Management Plan;
• A number of road improvements have been identified that may be implemented in the
short term prior to the 2014 event and others that may be considered for implementation
at a later date;
• A number of potential on -site improvements have also been identified, which include
enhancing vehicle queuing and storage within the site in proximity to the gate access
points and improving connectivity within the site;
• A site traffic control plan has been developed to improve traffic operations and safety on
the local access roadways, and includes the use of Portable Variable Message Signs,
temporary conditions markers and signing, and police point duty at key intersections; and
• Traffic monitoring and surveillance during the event will assist in managing traffic
efficiently as well as gathering information for subsequent events.
The report recommends that:
• The rezoning and Official Plan amendment applications required_ to allow the use of the
identified adjacent lands for camping purposes be approved as it is anticipated that this
will facilitate improved traffic operation on the local area roadways during the 2014
event;
• The Traffic Management Plan is discussed and refined over the next several months
through consultation between the Republic Live event planning team and the various
stakeholders including the road authorities, emergency service providers and the
general public;
• Efforts continue to enhance pre -trip traveller information, improve the efficiency of ticket
processing, and identify potential sites for off -site park and shuttle service;
• The Municipality of Clarington, Republic Live and CTMP partner on making the
proposed pavement width improvements to Concession Road 10 between Regional
Road 20 and Mosport Road prior to the 2014 event;
• The Municipality,of Clarington, Republic Live and CTMP discuss the logistics and cost -
sharing potential for improving the Regional Road 20 /Concession Road 10 intersection
with Durham Region as part of the Region's planned 2014 pavement rehabilitation
contract for the section of Regional Road 20 from Liberty Street to approximately 1
kilometre west of the intersection with Mosport Road; and
• Republic Live implements the final Traffic Management Plan and monitoring/
surveillance activities.
Phase I Environmental Site Assessment Construction Control Inc. June 2092
Through their investigations, Construction Control Inc. concluded that there is no evidence of
contamination at the site and can perceive no justification for the execution of a Phase II
Environmental Site Assessment (ESA).
Attachment 3
To Report PSD- 009 -14
AMENDMENT NO. 96
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Municipality of Clarington Official Plan to permit
camping and ancillary uses on parcel 010 - 110 - 18500, located in
Part of Lot 1, Concession 8, former Township of Darlington.
BASIS: The amendment is based on an application submitted by Republic
Live Inc. to permit camping and ancillary uses such as portable
washrooms and day parking associated with motor race events and
music festivals on adjacent Canadian Tire Motorsport Park lands.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended by:
i) Amending Map Al (Darlington), as indicated on Exhibit "A"
attached to this amendment by redesignating lands from
"General Agricultural Area" to "Green Space "; and
ii) Adding a new policy to Section 14.5 as follows:
"14.5.6 Notwithstanding Section 14.5.2, permitted uses on the
property with tax.assessment roll no. 18 -17- 010 - 110 - 18500,
also include unserviced camping and ancillary uses such as
portable washrooms and day parking, as an intermittent and
temporary use, accessory to adjacent lands that permit motor
race events and music festivals, subject to the following:
• Permanent buildings and /or structures related to the
temporary use are prohibited;
• Alteration to grades is prohibited;
• Natural heritage features will be appropriately buffered;
• Site Plan approval will be obtained to address such matters
as site layout; access; temporary fencing, signage and
lighting; and, monitoring of measures to mitigate
environmental impacts;
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended, regarding the implementation of the Plan shall
apply to this amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended, regarding the interpretation of the Plan shall
apply to this amendment.
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Attachment 4
To Report PSD- 009 -14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2014-
being a By -law to adopt Amendment No. 96 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S,O. 1990, as amended, authorizes the
Municipality of Clarington to pass by -laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to permit camping and ancillary uses on the
property with tax assessment roll no. 18 -17- 010 - 110 -18500 located in Part of Lot 1,
Concession 8, Former Township of Darlington;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, That Amendment No. 96 to the Clarington Official Plan being the attached Explanatory
Text is hereby adopted.
2. This By -law shall come into force and take effect on the date of the passing hereof.
BY -LAW passed in open session this 271" day of January, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 5
To Report PSD- 009 -14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2014-
being a By -law to amend By -law 2005 -109, the Zoning By -law for the Oak Ridges
Moraine in the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By -law 2005 -109, as amended, of the Corporation of the Municipality of Clarington
for ZBA 2013 -0016;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15.0 "TEMPORARY ZONES" is hereby amended by deleting the word
"RESERVED ", including the brackets from the title and by adding the following:
"15.1 T -1 TEMPORARY ZONE ONE
a. Permitted Uses
i) Agriculture Uses
ii) Camping and vehicle parking associated with permitted uses on
adjacent parcels with tax assessment roll no. 18 -17- 010 - 110 -1800, 18-17 -
010- 110 -1801, 18 -17 =010 -110 -1802 and 18 -17 -010 -110 -1803.
r_._._....__..._., — - _ _ __,..,...._............ _��_
b. Regulations
i) Yard setback to dripline of woodlot 15 metres
ii) Yard setback to property with a residential use 15 metres
iii) The lands may only be used for camping between July
15th and August 15tH
iv) The lands may only be used for vehicle parking from
July 15th to September 10th
2. Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, the
campground use may be permitted for a period of three (3) years, ending on January
26, 2017,
3. Schedule "E12" to By -law 2005 -109, as amended, is hereby further amended by
changing the zone designation from
"Agricultural (A) Zone" to "Holding — Temporary (T -1) Zone'; and
"Environmental Protection (EP) Zone" to "Holding — Temporary (T -1) Zone ".
4. Schedule "A" attached hereto shall form part of this By -law.
6. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
p
BY -LAW passed in open session this 27th day of January, 2014,
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By -law 2014- ,
passed this day of , 2014 A.D.
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Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk
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SUMMARY OF BY -LAWS
JANUARY 27, 2014
BY -LAWS
2014 -004 Being a By -law to appoint an individual as a Parking Enforcement Officer for
Private Property (Gilbert Cote) (90, 94, 98, 102 and 106 Aspen Springs Drive)
2014 -005 Being a By -law to appoint individuals as Parking Enforcement Officers for
Private Property (Paul Long, Nick Koitsopoulos and Brett MacNeil) (83, 87 and
91 Aspen Springs Drive and 144 Queen Street)
2014 -006 Being a By -law to appoint an individual as a Parking Enforcement Officer for
Private Property (Jason Aiton) (83, 87, 91, 120, 124, 128, 132 & 136 Aspen
Springs Drive, 243 King Street East and 144 Queen Street)
2014 -007 Being a By -law to adopt Amendment No. 96 to the Clarington Official Plan
(Staff Report #1)
2014 -008 Being a By -law to amend By -law 2005 -109, the Zoning By -law for the Oak
Ridges Moraine in the Municipality of Clarington (Staff Report #1)
2014 -009 Being a By -law to establish certain lands as public highways in the Municipality
of Clarington, to assume certain streets within the Municipality of Clarington as
public highways in the Municipality of Clarington, and to name them (Item 8 of
Report #1)
2014 -010 Being a By -law to assume a certain street within the Municipality of Clarington
as public highway in the Municipality of Clarington (Item 9 of Report #1)
2014 -011 Being a By -law to assume certain streets within the Municipality of Clarington
as public highways in the Municipality of Clarington (Item 10 of Report #1)
( Ani • MEMO
Leading the jay
CLERK'S DEPARTMENT
To: Mayor Foster and Members of Council
From: Patti L. Barrie, Municipal Clerk
Date: January 24, 2014
Subject: COUNCIL AGENDA — JANUARY 27, 2014
Please be advised of the following regarding the January 271h Council meeting:
DELEGATIONS
As Valerie Cranmer has withdrawn her delegation, there are no delegations scheduled for this
meeting.
OTHER BUSINESS
1. At the Council meeting of January 13, 2014, council received for information
correspondence from URS Canada Inc. regarding a notice of study
completion and transportation environmental study report submission for
Highway 401 improvements from Courtice Road to the Durham Regional
Boundary (East Townline Road). The public review period is January 10,
2014 to Monday, February 10, 2014. In order for our comments to be
received prior to the February 10 deadline, it is requested that a motion to
suspend the rules of procedure be moved to allow for the attached motion to
e introduced.
Patti L. Barrie, CMO
Municipal Clerk
PLBIcf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 -623 -3379 F 905- 623 -6506
Resolution Regarding 401 Study: January 27 2014 Council
Moved by Councillor Woo
Seconded by Councillor Hooper
Whereas the Ministry of Transportation has undertaken a Preliminary Design and Class
Environmental Assessment Study for the rehabilitation and ultimate widening of
Highway 401 from Courtice Road to East Townline Road;
And whereas the Notice of Study Completion and Transportation Environmental Study
Report Submission was issued on January 6, 2014 for review, with comments and
requests for a Part 11 Order to elevate the EA Study to be submitted to the Minister of
the Environment by Monday, February 10, 2014;
And whereas the EA Study Report does not adequately address long term
transportation network considerations, including the construction of a new interchange
at Lamb's Road as an alternative to address the functional, operational and safety
issues with the Liberty Street and Bennett Road interchanges, although Clarington and
Durham Staff and Councils have clearly and consistently requested that these issues be
analyzed and considered in the EA Study;
And whereas the EA Study documents publicly available do not include the information
or analysis necessary to validate the recommended improvements to the Liberty Street
and Bennett Road interchanges, although the Principles for a Class B EA Study require
"alternatives" to be considered and the evaluation process to be traceable, replicable
and understandable;
And whereas Clarington Council in May 2012, requested the Ministry of Transportation
to include an interchange at Lambs Road in the Highway 401 Improvement Study;
And whereas the Council of the Region of Durham in April 2013, authorized Regional
Staff to request a Part Il Order to elevate the EA study if the issue of the new
interchange at Lambs Road was not addressed in a satisfactory manner;
Now therefore be it resolved that Municipal Staff, as part of their detailed comments on
the Highway 401 Preliminary Design and Class Environmental Assessment Study, be
authorized to request a Part 11 Order to elevate or "bump-up" the EA to ensure that
additional alternatives to address the functional, operational and safety issues at
Liberty Street and Bennett Road, including a new interchange at Lambs Road, are
properly considered;
And that this resolution be circulated to Durham Region, MPP John O'Toole, Clarington
Board of Trade.