Council Revised Agenda
Date: September 21, 2020 Time: 7:00 PM Location: Microsoft Teams
Inquiries & Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Michelle Chambers, Administrative Assistant to the Clerk, at 905-623-3379, ext. 2101 or by email at mchambers@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131.
Audio/Video Record: The Municipality of Clarington makes an audio and video record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be recording you and will make the recording public by publishing the recording on the Municipality’s website, www.clarington.net/calendar.
Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net *Late Item added after the Agenda was published. September 21, 2020 Council Meeting
Pages
1. Call to Order
2. Moment of Reflection
3. Land Acknowledgement Statement
4. Declaration of Interest
5. Announcements
6. Adoption of Minutes of Previous Meeting
6.1 Minutes of a regular meeting of Council dated July 6, 2020 6
7. Presentations None
8. Delegations None
9. Communications – Receive for Information
*9.1 Faye Langmaid, Acting Director of Planning and Development Services, 34 regarding Lighting in Commercial and Industrial Developments
10. Communications – Direction
*10.1 Steven Zakem, Aird Berlis LLP, regarding An Application by Goldmanco 49 Inc. to Amend Sign By Law 2009 – 123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development (Motion to refer to the consideration of Item 4 of the Joint General Government and Planning and Development Committees Report - Report PSD-031-20)
Page 2 September 21, 2020 Council Meeting
*10.2 Memo from Faye Langmaid, Acting Director of Planning and 51 Development Services Department, regarding, Sign By-law Amendment, Recommendation to Permit a Monolith Sign along Highway 2 at the Courtice Urban Centre (Motion to refer to the consideration of Item 4 of the Joint General Government and Planning and Development Committees Report - Report PSD-031-20)
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Samuel Wilmot Nature Area Management 54 Advisory Committee dated September 8, 2020
11.1.2 Minutes of the Clarington Tourism Advisory Committee dated 57 June 9, 2020
11.1.3 Minutes of the Clarington Diversity Advisory Committee dated 60 July 23 and August 27, 2020
11.1.4 Minutes of the Newcastle Arena Board dated August 25, 2020 70
11.1.5 Minutes of the Agricultural Advisory Committee dated July 9 72 and August 20, 2020
11.1.6 Minutes of the Accessibility Advisory Committee dated 82 September 9, 2020
11.2 Joint General Government and Planning and Development Committees 86 Report of September 14, 2020
11.3 Special General Government Committee Report of September 21, 2020 (To be Distributed After the Special Meeting)
12. Staff Reports None
13. Business Arising from Procedural Notice of Motion None
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14. Unfinished Business
14.1 Report CLD-013-20 - Addressing Frivolous, Vexatious or Malicious 96 Enforcement Complaints (Referred from the September 14, 2020 Joint General Government and Planning and Development Committees meeting) (Report from the City of St. Catharines Report on Frivolous, Vexatious and Vindictive By-law Enforcement Complaints is Attached for information) Link to Report CLD-013-20
*14.2 Memo from Brent Rice, CBO, Planning and Development Services, 115 regarding City of Oshawa Correspondence - Construction of Accessible Units as Part of all Residential Projects (Referred from the September 14, 2020 Joint Committees Meeting) (Motion to Endorse the Correspondence from the City of Oshawa)
15. By-laws
15.1 2020-057 - Being a By-law to Exempt a Certain Portion of Registered 119 Plan 40M-2614 from Part Lot Control
15.2 2020-058 - Being a By-law to Exempt a Certain Portion of Registered 121 Plan 40M-2601 from Part Lot Control
15.3 2020-059 - Being a By-law to Amend By-law 84-63, the Comprehensive 123 Zoning By-law for the Corporation of the Municipality of Clarington (2399263 Ontario Ltd. (Mantanda Homes) approved by Council on February 21, 2017)
15.4 2020-060 - Being a By-law to Amend the Procedural By-law 2015-029 (Item 14 of the Joint General Government and Planning and Development Committees Report)
15.5 2020-061 - Being a By-law to Amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 2 of the Joint General Government and Planning and Development Committees Report)
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15.6 2020-062 - Being a By-law to Amend By-law 2009-123, the Sign By-law for the Corporation of the Municipality of Clarington (Item 4 of the Joint General Government and Planning and Development Committees Report)
15.7 2020-063 - Being a By-law to Designate the Property Known for Municipal Purposes as 2 Church Street, Bowmanville, Municipality of Clarington as a Property of Historic or Architectural Value or Interest Under the Ontario Heritage Act (Report PSD-004-20 Approved by Council on February 10, 2020)
16. Procedural Notices of Motion None
17. Other Business
18. Confirming By-Law
19. Adjournment
Page 5 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 Council Minutes Date: July 6-7, 2020 Time: 7:00 p.m. Location: Microsoft Teams
Present Were: Mayor A. Foster Present Via Electronic Councillor G. Anderson, Councillor R. Hooper, Councillor J. Means: Jones, Councillor J. Neal, Councillor C. Traill, Councillor M. Zwart
Staff Present: A. Greentree, L. Patenaude Present Via Electronic A. Allison, G. Acorn, R. Albright, S. Brake, F. Langmaid, R. Means: Maciver, M. Marano, T. Pinn, G. Weir ______1. Call to Order Mayor Foster called the meeting to order at 7:00 p.m. 2. Moment of Reflection Councillor Jones led the meeting in a moment of reflection. 3. Land Acknowledgement Statement Councillor Jones recited the land acknowledgement statement. 4. Declaration of Interest Councillor Neal declared an indirect interest in Report CSD-005-20 regarding the 2020 Community Sponsorship Requests for Autism Home Base Durham (Item 39 of the General Government Committee Report). Councillor Neal declared an indirect interest in Item 14.1 regarding Addendum to Report PSD-015-20 - Bowmanville Neighbourhood Character Study. Later in the meeting, Councillor Neal declared a direct interest in By-laws 2020- 050 and 2020-051. 5. Announcements Members of Council announced upcoming community events and matters of community interest.
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Alter the Agenda Resolution # C-306-20 Moved by Councillor Anderson Seconded by Councillor Jones That the Agenda be altered to consider Item 7.1, regarding 2020 Awards of Excellence, at this time. Carried 7. Presentations 7.1 2020 Awards of Academic Excellence Mayor Foster advised that the 19th Annual “Awards for Academic Excellence” program was developed in 2001 to recognize students from Clarington’s local elementary and secondary schools. Mayor Foster indicated that local elementary and secondary schools were asked to submit the name of a graduating student who, in their opinion, has demonstrated academic excellence combined with a commitment to leadership and community service. Each student will be provided with a personal framed certificate and, as a further commitment to Council’s recognition of local students, secondary students who were being recognized will receive a cheque for $100.00 as a bursary to further their educational pursuits. Mayor Foster recognized the following elementary students: Amy John, Knox Christian School Treyson Stewart, Good Shepherd Elementary School Elizabeth McFarland, Monsignor Leo Cleary Elementary School John Walchuck, St. Mother Theresa Elementary School Amber Franke, St. Elizabeth Elementary School Caelyn Smith, St. Francis of Assisi Elementary School Olivia Therrien, St. Joseph Catholic Elementary School Annie Mills, Courtice Intermediate School Owen Baker, Courtice North Public School Ella Mastin, Dr. Emily Stowe Public School Natalya Walker, Dr. Ross Tilley Public School Nevaia Whtye and Alyson Murray, Harold Longworth Pubic School Prisha Fields, John M. James Public School Mae Nelson, Lydia Trull Public School
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Asmitha Kiritharan, M.J. Hobbs Senior Public School Ethan Benight, S.T. Worden Public School Gavin Savage, The Pines Senior Public School Rylynn Hannah Lee, Waverly Public School Brooklyn Crandles, Vincent Massey Public School Andrew Gaulton, Holy Family Elementary School Thirn Bhavan, Duke of Cambridge Public School
Mayor Foster recognized the following secondary students: Rosa Parentesis, Courtice Secondary School Luke Cheshire, Clarke High School Elizabeth Arbour, St. Stephen Secondary School Isabel Smith, Holy Trinity Secondary School Charlotte Stapley, Durham Christian High School 6. Adoption of Minutes of Previous Meeting(s) 6.1 Minutes of a regular meeting of Council dated June 15, 2020 6.2 Minutes of a special meeting of Council dated June 22, 2020 Resolution # C-307-20 Moved by Councillor Zwart Seconded by Councillor Anderson That the minutes of the regular meeting of the Council held on June 15, 2020 be approved; and That the minutes of the special meeting of the Council held on June 22, 2020 be approved. Carried Recess Resolution # C-308-20 Moved by Councillor Jones Seconded by Councillor Hooper That the Council recess for 15 minutes. Carried The meeting reconvened at 7:35 p.m. with Mayor Foster in the Chair.
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8. Delegations 8.1 Victor Suppan regarding Addendum to Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Victor Suppan withdrew his request to address Council. 8.2 Andrew Rice regarding Addendum to Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Andrew Rice was present via electronic means regarding Addendum to Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Mr. Rice requested that Council approve recommendation 2b in Report PSD-015-20 and that an extra half meter be approved for 64 Prospect Street to allow flexibility for the high-water table. He concluded by stating that they are willing to help with engaging community support. 8.3 John McDermott, McDermott and Associates Limited, regarding Addendum to Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study John McDermott, McDermott and Associates Limited, was present via electronic means regarding Addendum to Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study. Mr. McDermott noted that he is the representative for both the Rice and McGregor family. He requested that Council approve recommendation 2b in Report PSD-015-20. Mr. McDermott expressed his concerns regarding the water table and design of the development. He explained that the 8.5m height is a serious restriction for the property of 64 Prospect Street. Mr. McDermott concluded by suggesting “that the maximum lot coverage on any lot be set to 35% up to a maximum of be 228 m2 to ensure the caricature of the community as a whole”. Suspend the Rules Resolution # C-309-20 Moved by Councillor Hooper Seconded by Councillor Traill That the Rules of Procedure be suspended to add Jim Grimley and Mike Campbell as delegations. Carried
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Alter the Agenda Resolution # C-310-20 Moved by Councillor Hooper Seconded by Councillor Jones That the Agenda be altered to consider Item 14.1, Addendum to Report PSD- 015-20 - Bowmanville Neighbourhood Character Study, at this time. Carried 14.1 Addendum to Report PSD-015-20 - Bowmanville Neighbourhood Character Study, Addendum to Report PSD-015-20 Councillor Neal declared an indirect interest in Addendum to Report PSD-015-20 - Bowmanville Neighbourhood Character Study, as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Resolution # C-311-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Report PSD-015-20 be received; That Addendum Report PSD-015-20 be received; That the Official Plan Amendment contained in Attachment 1 of Report PSD-015- 20 be approved; That the revised Zoning By-law Amendment that also repeals Interim Control By- law 2018-083 contained in Attachment 2b of Addendum Report PSD-015-20 be approved; That in accordance with Section 45(1.4) of the Planning Act, Council permit minor variance applications to be submitted for the lands subject to the Zoning By-law Amendment contained in Addendum Report PSD-015-20, provided the application is accompanied by a character analysis as determined by the Director of Planning; That the Durham Regional Planning and Economic Development Department, the Ministry of Municipal Affairs and Housing and the Municipal Property Assessment Corporation be forwarded a copy of Report PSD-015-20, Addendum Report PSD-015-20 and Council’s decision; and That all interested parties listed in Addendum Report PSD-015-20 and any delegations be advised of Council’s decision. Carried Councillor Neal returned to the meeting.
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8.4 Jim Grimley, Vice President, Wilmot Creek Homeonwers' Association, regarding Report EGD-013-20 Whistle Cessation Update - Cobbledick Rd and Bennett Rd Jim Grimley, 1st Vice President, Wilmot Creek Homeowners' Association, was present via electronic means regarding Report EGD-013-20 Whistle Cessation Update - Cobbledick Rd and Bennett Rd. Mr. Grimley stated that, before COVID- 19, there was an average of 28 VIA trains and 10 freight trains per day. He added that, each train whistles four times per day at the Bennett Road and Cobbledick Road crossings. Mr. Grimley reviewed the various decibel readings at Wilmot Creek including time, distance, volume and sound levels. He noted that, there will be an increase in the number of trains per day and stated his concern for increased noise pollution. Mr. Grimley explained the importance of whistles and rail crossing safety and noted the number of accidents are less than before whistle bans were enacted. He stated that the crossings at Wilmot Creek are not high risk and do not appear on the top 500 crossings risk list. Mr. Grimley reviewed the areas that will be affected by the whistle blast. He added that, whistle noise pollution affects the quality of life and concluded by stating the 19th century origins of train whistle procedures. Mr. Grimley answered questions from Members of Council. Suspend the Rules Resolution # C-312-20 Moved by Councillor Traill Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the delegation for an additional 2 minutes. Carried 8.5 Mike Campbell, regarding Darlington Boulevard - Courtice - Potential Traffic Calming Measures Staff attempted to contact Mr. Campbell via phone and electronic means but he did not join the meeting. 9. Communications – Receive for Information There were no Communications to be received for information.
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10. Communications – Direction 10.1 Confidential Memo from Ron Albright, Acting Director of Engineering regarding Land Appraisal Value for Portions of Given Road to be Closed and Conveyed as Part of Adjacent Development Proposals 10.4 Stuart McReynolds, regarding Addendum to Report PSD-019-20, 415 Mill Street 10.8 Willie & Donna Woo, regarding Support of Government’s Commission on Long-Term Care Resolution # C-313-20 Moved by Councillor Zwart Seconded by Councillor Neal That Correspondence Items 10.1, 10.4, and 10.8, be approved as per the agenda. Carried 10.5 Patricia and Andrew Rice and Don McGregor, regarding Addendum to Report PSD-015-20, Proposed Official Plan Amendment and Rezoning to Implement the Bowmanville Neighbourhood Character Study Communication Item 10.5 was considered earlier in the meeting during the deliberations of Item 14.1. 10.2 Memo from Trevor Pinn, Director of Finance/Treasurer regarding Newcastle Skateboard Park RFP Resolution # C-314-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Staff proceed to issue an RFP for the design/build of the Newcastle Skateboard Park utilizing a weighted scoring method. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried on a recorded vote (7 to 0)
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10.3 Dave Wilkes, President and CEO, BILD, Joe Vaccaro, CEO, OHBA, and Kevin Lee, CEO, CHBA, regarding CHBA Construction to Kick Start Ontario's Economy: CHBA, OHBA, and BILD - Submission on Jobs & Recovery Resolution # C-315-20 Moved by Councillor Neal Seconded by Councillor Traill That Communication Item 10.3 from Dave Wilkes, President and CEO, BILD, Joe Vaccaro, CEO, OHBA, and Kevin Lee, CEO, CHBA, regarding CHBA Construction to Kick Start Ontario's Economy: CHBA, OHBA, and BILD - Submission on Jobs & Recovery, be endorsed by the Municipality of Clarington. Motion Withdrawn Resolution # C-316-20 Moved by Councillor Neal Seconded by Councillor Hooper That Communication Item 10.3 be referred to staff to report back at the September 14, 2020 Joint General Government and Planning and Development Committee meeting. Carried 10.6 Susan Cassel, City Clerk, City of Pickering, regarding Official Opposition Statement on Municipal Financial Support Resolution # C-317-20 Moved by Councillor Zwart Seconded by Councillor Hooper That the following resolution from Susan Cassel, City Clerk, City of Pickering, regarding Official Opposition Statement on Municipal Financial Support, be endorsed by the Municipality of Clarington: That Council endorse the NDP motion calling on the provincial government to work with the federal government to address the systemic financial challenges facing municipalities that have been exacerbated by COVID-19, and to implement the recommendations brought forward by the Federation of Canadian Municipalities and the Association of Municipalities of Ontario; and That Council’s endorsement be forwarded to the Premier of Ontario, Durham MP’s and MPPs, AMO, FCM and Durham Region municipalities. Carried
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10.7 Jennifer Astrologo, Director of Corporate Services/Clerk, Corporate Services Department, Town of Kingsville, regarding Request that the Rent Assistance Program Includes all Businesses in a Lease Agreement Without a Cap on Commercial/Residential Ratio Resolution # C-318-20 Moved by Councillor Hooper Seconded by Councillor Zwart That the following resolution from Jennifer Astrologo, Director of Corporate Services/Clerk, Corporate Services Department, Town of Kingsville, regarding Request that the Rent Assistance Program Includes all Businesses in a Lease Agreement within all "Residential-Above-Commercial" Properties without a Cap on Commercial/Residential Ratio, be endorsed by the Municipality of Clarington: Whereas the COVID-19 Pandemic has greatly impacted the business community in the Town of Kingsville; Whereas the Province of Ontario has provided financial assistance including a multi-level Rent Assistance program to the business community impacted by the COVID-19 Pandemic; Whereas the Rent Assistance program offered by the Province of Ontario established an arbitrary cap on multi-use properties where it is common for “residential-above-commercial” developments, especially in downtown and Main Street corridors; Whereas Kingsville, particularly in our downtown business centres, has several properties with residential-above-commercial where the ratio of commercial storefront businesses represents less than 30 per cent of the entire building, thus leaving a gap where local business owners cannot qualify for rent relief with their willing landlords; and Whereas the Town of Kingsville’s newly adopted Business Retention and Expansion Project Report identified that Kingsville businesses would benefit from the Province expanding the Rent Assistance program to include all commercial lease properties regardless of overall footprint. Now Therefore Be It Resolved that, the Town of Kingsville requests that the Province of Ontario expand their Rent Assistance program to include all businesses in a lease agreement within all “residential-above- commercial” properties without a cap on commercial/residential ratio; And Finally, that this Resolution be circulated to the Premier, Doug Ford, the Minister of Finance, Rod Phillips, our local MPP Taras Natyshak, and all Ontario municipalities requesting their support. Carried
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11. Committee Reports 11.1 Advisory Committee Reports 11.1.1 Minutes of the Agricultural Advisory Committee dated June 11, 2020 11.1.2 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated June 16, 2020 11.1.3 Minutes of the Clarington Heritage Committee dated June 16, 2020 11.1.4 Minutes of the Clarington Diversity Committee dated June 4, and June 25, 2020 Resolution # C-319-20 Moved by Councillor Anderson Seconded by Councillor Hooper That Advisory Committee Report Items 11.1.1 to 11.1.4, be approved. Carried 11.2 General Government Committee Report of June 22, 2020 Resolution # C-320-20 Moved by Councillor Jones Seconded by Councillor Neal That the recommendations contained in the General Government Committee Report of June 22, 2020 be approved on consent, with the exception of items 33, 1f, 1m, 13, 23, 39. Carried Item 33 - Clarington Ravens Grant Application Resolution # C-321-20 Moved by Councillor Jones Seconded by Councillor Neal That Grant Application #20-32, from the Clarington Ravens, be received for information. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote, Later in the meeting, See following motion (3 to 4)
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Resolution # C-322-20 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-321-20 for a second time. Carried The foregoing Resolution #C-321-20 was then put to a recorded vote and lost. Resolution # C-323-20 Moved by Councillor Zwart Seconded by Councillor Hooper That the Grant Application #20-32, from the Clarington Ravens, be approved in the amount of $2,500.00. Motion Withdrawn Resolution # C-324-20 Moved by Councillor Hooper Seconded by Councillor Zwart That the Grant Application #20-32, from the Clarington Ravens, be approved in the amount of $1,000.00. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried on a recorded vote (4 to 3) Item 39 - Autism Home Base Durham Councillor Neal declared an indirect interest in Report CSD-004-20 regarding the 2020 Community Grant Requests for Autism Home Base Durham (Application #20-19) as he is a member of the Board. Councillor Neal muted his audio and video and refrained from discussion on this matter. Resolution # C-325-20 Moved by Councillor Zwart Seconded by Councillor Jones That the Grant Application #20-19, from Autism Home Base Durham, be approved in the amount of $3000.00. Carried Councillor Neal returned to the meeting.
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Item 1f - Memo from Ron Albright, Acting Director, Engineering Services, Regarding Flooding on Nash Road Resolution # C-326-20 Moved by Councillor Neal Seconded by Councillor Jones That the memo from Ron Albright, Acting Director, Engineering Services, regarding Flooding on Nash Road, be received for information. Carried Item 1m - Strategic Plan Update Resolution # C-327-20 Moved by Councillor Neal Seconded by Councillor Jones That Report CAO-016-20, Strategic Plan Update, be received for information. Carried Item 13 - Operations Needs Assessment Resolution # C-328-20 Moved by Councillor Neal Seconded by Councillor Jones That Report OPD-006-20, Operations Needs Assessment, be received for information. Motion Withdrawn Resolution # C-329-20 Moved by Councillor Neal Seconded by Councillor Jones That Report OPD-006-20 be referred to the September 14, 2020 Joint General Government and Planning and Development Committee meeting. Carried
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Item 23 - Single Source Award to Grant Thornton for the Development of Key Performance Indicators and Management by Objectives Resolution # C-330-20 Moved by Councillor Zwart Seconded by Councillor Hooper That Report FND-025-20 be received; That, under the single source provision of the Municipality’s Purchasing By-Law and based on the proposal received, Council grant the Purchasing Manager the authority to negotiate an agreement with Grant Thornton for the development of Key Performance Indicators (KPIs) and Management by Objectives (MBOs) for the Municipality; That the Purchasing Manager be authorized to execute the necessary agreement with Grant Thornton for the services, outlined in Recommendation 2, in a form acceptable to the Municipal Solicitor; That funds required for the services be funded from the Continuous Improvement Reserve Fund; and That all interested parties listed in Report FND-025-20 and any delegations be advised of Council’s decision. Yes (6): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Traill, and Councillor Zwart No (1): Councillor Neal Carried on a recorded vote, Later in the meeting, See following motions (6 to 1) Recess Resolution # C-331-20 Moved by Councillor Neal Seconded by Councillor Jones That the Council recess for 10 minutes. Carried The meeting reconvened at 9:47 p.m. with Mayor Foster in the Chair.
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Resolution # C-332-20 Moved by Councillor Neal Seconded by Councillor Jones That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-330-20 for a second time. Carried The foregoing Resolution #C-330-20 was then put to a recorded vote and carried. 11.3 Special Planning and Development Committee Report of June 23, 2020 Resolution # C-333-20 Moved by Councillor Neal Seconded by Councillor Hooper That the recommendations contained in the Special Planning and Development Committee Report of June, 23, 2020 be approved on consent. Carried 11.4 Planning and Development Committee Report of June 29, 2020 Resolution # C-334-20 Moved by Councillor Neal Seconded by Councillor Zwart That the recommendations contained in the Planning and Development Committee Report of June, 29, 2020 be approved on consent, with the exception of Item 1a. Carried Item 1a – Confidential Report LGL-005-20 Camp 30 Option Agreement Resolution # C-335-20 Moved by Councillor Neal Seconded by Councillor Jones That legal action be initiated to enforce the 2016 agreement which required the transfer of $500,000 to Clarington which was to be utilized to preserve the buildings at Camp 30, and the transfer of the land for Camp 30. Yes (3): Councillor Jones, Councillor Neal, and Councillor Traill No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart Motion Lost on a recorded vote, Later in the meeting, See following motions (3 to 4)
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Closed Session Resolution # C-336-20 Moved by Councillor Neal Seconded by Councillor Zwart That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. Carried Rise and Report The meeting resumed in open session at 10:48 p.m. Mayor Foster advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Suspend the Rules Resolution # C-337-20 Moved by Councillor Hooper Seconded by Councillor Zwart That the Rules of Procedure be suspended to extend the meeting for an hour until 12:00 AM. Carried The foregoing Resolution #C-335-20 was then put to a recorded vote and lost. Resolution # C-338-20 Moved by Councillor Hooper Seconded by Councillor Zwart That Confidential Report LGL-005-20, be received for information. Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried, as amended, on a recorded vote, See following motions (4 to 3) Resolution # C-339-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the foregoing Resolution #C-338-20 be amended by adding the following at the end: That the Solicitor be directed to share, by way of a confidential memorandum, a description of the path forward on this matter.
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Yes (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart No (3): Councillor Jones, Councillor Neal, and Councillor Traill Carried on a recorded vote (4 to 3) Resolution # C-340-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-338-20 for a second time. Carried That the foregoing Resolution #C-338-20 was then put to a recorded vote and carried as amended. 12. Staff Reports 12.1 Confidential Report FND-026-20 - Appointment of Municipal Officer Closed Session Resolution # C-341-20 Moved by Councillor Neal Seconded by Councillor Zwart That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with personal matters about an identifiable individual, including municipal or local board employees. Withdrawn Resolution # C-342-20 Moved by Councillor Neal Seconded by Councillor Zwart That Report FND-026-20, Appointment of Municipal Officer, be considered in Closed Session later in the meeting, immediately before Item 15. Carried 12.2 Confidential Report LGL-006-20 - Anaerobic Digestion Facility Dispute Resolution Process - Update #1 Resolution # C-343-20 Moved by Councillor Neal Seconded by Councillor Jones That Confidential Report LGL-006-20, be received for information. Carried, Later in the meeting
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Resolution # C-344-20 Moved by Councillor Neal Seconded by Councillor Jones That Item 12.2, regarding Anaerobic Digestion Facility Dispute Resolution Process - Update #1, be referred to be considered in Closed Session, later in the meeting immediately before Item 15. Carried 12.3 Report PSD-027-20 - An Application by Lanarose Homes Ltd. for a Removal of Holding to Permit an Apartment Building Containing 116 Residential Units in the Port of Newcastle Resolution # C-345-20 Moved by Councillor Neal Seconded by Councillor Anderson That Report PSD-027-20 be received; That the application submitted by Lanarose Homes Ltd. to remove the Holding (H) symbol be conditionally approved as contained in Attachment 1 to Report PSD-027-20; That the Mayor and the Municipal Clerk be authorized to enact the By-law included as Attachment 1 of Report PSD-027-20 upon receipt by the Municipality of an executed Site Plan Agreement and the appropriate securities; That Council’s decision and a copy of Report PSD-027-20 be forwarded to the Region of Durham and the Municipal Property Assessment Corporation; and That all interested parties listed in Report PSD-027-20 and any delegations be advised of Council's decision. Carried 13. Business Arising from Procedural Notice of Motion None 14. Unfinished Business 14.1 Addendum to Report PSD-015-20 - Bowmanville Neighbourhood Character Study, Addendum to Report PSD-015-20 Addendum to Report PSD-015-20 – Bowmanville Neighbourhood Character Study was considered earlier in the meeting.
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14.2 Addendum to Report EGD-011-20 - Proposal to Close and Convey a Portion of a Road Allowance (Given Road) Situated in Lot 30, Concession 2, Former Township of Clarke, Addendum to EGD-011-20 Resolution # C-346-20 Moved by Councillor Neal Seconded by Councillor Anderson That Report EGD-011-20 and Addendum to Report EGD-011-20 be received; That Part 1 on Plan 40R-30883 be declared surplus, closed and conveyed to Tornat Newcastle Limited for the appraised value; That Parts 2, 3, 4, 6, 10 and 12 on Plan 40R-30883 be declared surplus, closed and conveyed to Lindvest Property (Clarington South) Limited for the appraised value; That paragraph 3 be conditional on the gratuitous dedication of Part 11 on Plan 40R-30883 to the Municipality; That paragraphs 2 and 3 be conditional on payment by the applicants of all applicable costs and fees for the preparation and registration of the transfers, including HST; That the Mayor and the Municipal Clerk be authorized to enact the by-law included as Attachment 2 to Addendum to Report EGD-011-20 upon confirmation to the Municipality that the electrical power lines situated within the Given Road allowance have been successfully relocated to the satisfaction of Elexicon Energy Inc.; and That all interested parties listed in Addendum to Report EGD-011-20 and any delegations be advised of Council’s decision. Carried 14.3 Darrin Canniff, Mayor/CEO, Municipality of Chatham-Kent, Regarding Support of Government's Commission on Long-Term Care Resolution # C-347-20 Moved by Councillor Hooper Seconded by Councillor Anderson That the Correspondence from Darrin Canniff, Mayor/CEO, Municipality of Chatham-Kent, Regarding Support of Government's Commission on Long-Term Care, be endorsed by the Municipality of Clarington. Carried
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Suspend the Rules Resolution # C-348-20 Moved by Councillor Traill Seconded by Councillor Anderson That the Rules of Procedure be suspended to extend the meeting until 12:30 AM. Carried 14.4 EGD-013-20 Whistle Cessation Update - Cobbledick Rd and Bennett Rd Resolution # C-349-20 Moved by Councillor Traill Seconded by Councillor Anderson Whereas Wilmot Creek residents presented Clarington Council with a petition containing over nine hundred signatures asking for Clarington to follow the lead of Markham, Cobourg and Nepean in banning the train horn at two level crossings located in the vicinity of Wilmot Creek Adult Lifestyle Community; Whereas Clarington residents deserve affordable and healthy living space; Whereas Wilmot Creek residents have cited the blaring of the train horn during the day and night as being intrusive and negatively affecting their quality of life and health; Whereas there are currently thousands of miles of noise barriers along Highway 401 because the Province recognizes the importance of noise attenuation; and Whereas Clarington Council gave direction to Staff at the Special General Government Committee meeting on February 19, 2019 to move forward with the request to seek the elimination of the train whistles at the Cobbledick Road (CN Mileage 287.26) and Bennett Road (CN Mileage 289.08) grade level crossings; Now Therefore Be It Resolved: That Staff apply immediately to the Rail Safety Improvement Program – Infrastructure, Technology and Research (RSIP-ITR) for funding through Transport Canada to cover the cost of the level crossing improvements referenced in Report EGD-013-20 for the Bennett Road and Cobbledick Road level crossings in advance of the August 1, 2020 deadline; That Staff report back to Committee at the September 14, 2020 Joint General Government and Planning and Development Committee meeting, on including the cost of the level crossing improvements or a portion thereof referenced in Report EGD-013-20 at the Bennett Road and Cobbledick Road grade level crossings as a chargeable item under Clarington’s Development Charges By- Law under the Development Charges Act as being related to growth for all new developments occurring within a 10 kilometre radius of both level crossings (see paragraphs 4 and 5 herein), thereby securing future funding for future train whistle cessation requests;
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That in addition, or as an alternative to paragraph #2 if level crossing improvements are ineligible under the Development Charges By-Law and are consequently eligible under the new Community Benefits Charge, Staff report back to Committee at the September 14, 2020 Joint Committee on how to adopt a Community Benefits Charge By-Law and on including the cost of level crossing improvements or a portion thereof referenced in Report EGD-013-20 at Bennett Road and Cobbledick Road as a Community Benefit Charge under the Planning Act. That Staff contact the Canadian Transportation Agency to obtain the following information with respect to the Bennett Road and Cobbledick Road level crossings: 1. The number of trains per day on the corridor; 2. How many cars cross the level crossing in one day; 3. The daily cross product calculation which is used to determine what level crossing protection is required at these two crossings; and 4. If either or both of the two crossings meet the daily cross product calculation, depending on whether the rail corridor or the roads were there first, can the burden of the cost of the level crossing improvements be shared by the Municipality and the rail company? That Staff report back to Committee at the September 14, 2020 Joint General Government and Planning and Development Committee meeting as to whether any new plans of subdivision within a ten kilometre radius of both rail crossings will result in more vehicles crossing the rail corridor and if so, how many more vehicles per day/week/month are estimated to be crossing the rail corridor; That Staff report back to Committee at the September 14, 2020 Joint General Government and Planning and Development Committee meeting on how to include the cost or a portion thereof of the level crossing improvements recommended in Report EGD-013-20 at Cobbledick Road as a condition of any as yet unapproved plans of subdivision for developments taking place within a ten kilometre radius of both crossings because the crossing improvements are reasonably required for the developments; That the Director of Finance report back on any other potential funding sources to cover the cost of the level crossing improvements or a portion thereof referenced in Report EGD-013-20 at Bennett Road and Cobbledick Road (i.e. imposition of an area-specific tax levy with the levy offset from Rate Stabilization), or from Roads Reserve amortized over several years and, or adding the cost of the level crossing improvements to the five-year capital budget for the Municipality’s roads;
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That Staff identify and report back to Committee at the September 14, 2020 Joint Committee, in consultation with WSP, the “influence area” (i.e. where the train whistle is audible), when sounded at the Bennett Road and Cobbledick Road level crossings. Staff, in consultation with WSP, shall also provide an estimate of the number of properties in that influence area that will benefit from stopping the train horn with specific reference to both existing and planned (new) developments within a ten kilometer radius of both crossings; That all interested parties be updated throughout the summer break on a triweekly-basis by email, including: the Mayor and Council, the Wilmot Creek Homeowners' Association, and any other interested parties; and That this Motion be circulated to the office of MP Erin O’Toole, MP Philip Lawrence, and the Wilmot Creek Homeowners' Association and any other interested parties. Yes (7): Mayor Foster, Councillor Anderson, Councillor Hooper, Councillor Jones, Councillor Neal, Councillor Traill, and Councillor Zwart Carried on a recorded vote (7 to 0) 14.5 Memo from Ron Albright, Acting Director of Engineering, regarding Darlington Boulevard – Courtice – Potential Traffic Calming Measures Resolution # C-350-20 Moved by Councillor Jones Seconded by Councillor Neal That the Memo from Ron Albright, Acting Director of Engineering, regarding Darlington Boulevard - Courtice - Potential Traffic Calming Measures, be received; That Speed Limit on Darlington Blvd. in Courtice be decreased to 40 km/hr immediately; That, temporary traffic calming approaches of centreline flexible bollards and shoulder treatments as recommended by the Engineering Department, be put into place as soon as possible; and That the necessary amending By-law, to the Traffic By-law, to implement the speed reduction, be approved. Carried
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Suspend the Rules Resolution # C-351-20 Moved by Councillor Traill Seconded by Councillor Hooper That the Rules of Procedure be suspended to extend the meeting until 1:15 a.m. Carried Recess Resolution # C-352-20 Moved by Councillor Traill Seconded by Councillor Hooper That the Council recess for 10 minutes. Carried The meeting reconvened at 12:38 AM with Mayor Foster in the Chair. Alter the Agenda Resolution # C-353-20 Moved by Councillor Zwart Seconded by Councillor Traill That the Agenda be altered to consider New Business, at this time. Carried 17. Other Business Suspend the Rules Resolution # C-354-20 Moved by Councillor Zwart Seconded by Councillor Traill That the Rules of Procedure be suspended to allow New Business items to be added to the Agenda. Carried 17.1 Mandatory Masks Indoors for Clarington Businesses Councillor Zwart indicated that in light of the Dr. Robert Kyle’s, Medical Officer of Health, Region of Durham announcement earlier today, Councillor Zwart stated that she would not bring this matter forward.
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17.2 Condition of Region Roads Resolution # C-355-20 Moved by Councillor Zwart Seconded by Councillor Anderson Whereas the Region of Durham has been systematically repaving regional roads for the last few years; Whereas they have been painting lines on the road surface to mark the centre line and to delineate a narrow bike lane on the shoulder side; Whereas the pavement being used is too thin to withstand the heavier weight of large vehicles, including farm machinery, and they usually take the whole width from the centre of the road to the shoulder; Whereas the edges of the pavement on recently repaved regional roads are crumbling and breaking away thereby effectively removing the small narrow bike lane; Whereas this crumbling edge makes it difficult to grade any shoulder that may be there causing them to become eroded and too rough to travel on; Whereas the crumbling roadway shoulders are forcing cyclists to ride on the main portion of the road causing automobiles and farm equipment to cross over the centre line to avoid the cyclists thereby creating a hazardous situation especially if oncoming traffic is heavy; and Whereas the best examples of the above situation are the Newtonville Rd and Durham 42; Now Therefore Be It Resolved, That the Municipality of Clarington Staff be directed to bring this dangerous situation to the attention of the Region of Durham Works Department to upgrade the quality of any future paving projects and repair any deterioration of current roads to allow for the safe transit of cyclists and motorists and operation of large vehicles and farm equipment as they share the roads; and That a copy of this resolution be forwarded to the Region of Durham. Carried 17.3 Temporary Beach Closures Resolution # C-356-20 Moved by Councillor Traill Seconded by Councillor Anderson That staff prepare and place pictorial signage at both East Beach and West Beach advising of the By-laws applicable (namely beach access to resident only, no fires, no dogs, no using the washroom on the beach; no littering, etc.);
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That Clarington implement a registration system for residents to purchase a $5.00 season-long pass to access Clarington beaches (Newcastle, Bowmanville and Courtice) and for the registration system to be administered by the Community Services Department; That to qualify for a beach access pass, the registrant must prove residency with a valid Driver's License or lease agreement; That an additional By-law Officer be hired on a Temporary/Contractual basis to assist with enforcement of the beach user registration system at all four public beach locations (largely evenings and weekends until the end of September); That Staff explore accessing COVID-19 relief funds to offset the additional By- law hire on a Temporary/Contractual basis to assist with enforcement of the beach user registration system; and That signage be prepared and placed at the Liberty St/401 exits, Bowmanville Boulevard and 401 exits, the Bennett Road exits, at both ends of Lake Road, at the Courtice Road 401 exits, and at Courtice Shore Road and any other locations as deemed appropriate by Staff, advising that the beaches are closed to non- residents. Motion Withdrawn, Later in the meeting, See following motions Resolution # C-357-20 Moved by Councillor Jones Seconded by Councillor Traill That the Rules of Procedure be suspended to allow Members of Committee to speak to the foregoing Resolution #C-356-20 for a second time. Carried Suspend the Rules Resolution # C-358-20 Moved by Councillor Hooper Seconded by Councillor Traill That the Rules of Procedure be suspended to extend the meeting for an additional 15 minutes. Carried Recess Resolution # C-359-20 Moved by Councillor Neal Seconded by Councillor Traill That the Council recess for 5 minutes. Carried
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The meeting reconvened at 1:20 a.m. with Mayor Foster in the Chair. Recess Resolution # C-360-20 Moved by Councillor Traill Seconded by Councillor Hooper That the Council recess until Tuesday July 7, 2020 at 3:00 p.m. Carried The meeting reconvened on Tuesday July 7, 2020 at 3:00 p.m. with Mayor Foster in the Chair. The foregoing Resolution #C-356-20 was then withdrawn. Resolution # C-361-20 Moved by Councillor Traill Seconded by Councillor Anderson That Staff be directed to proceed with implementing the necessary safety measures in an attempt to keep Clarington beaches open to the public; That any associated signage, including pictograms be installed; and That the Port Darlington Community Association be advised of Council's decision. Carried Closed Session Resolution # C-362-20 Moved by Councillor Anderson Seconded by Councillor Hooper That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing: a matter that deals with personal matters about an identifiable individual, including municipal or local board employees; and a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose Carried Rise and Report The meeting resumed in open session at 4:39 p.m. Mayor Foster advised that two items were discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 as amended and one resolution was passed to provide direction to staff.
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12.2 Confidential Report LGL-006-20 - Anaerobic Digestion Facility Dispute Resolution Process - Update #1 Earlier in the meeting, Resolution #C-343-20 was properly moved and seconded, and therefore the following motion was before Council, “That Confidential Report LGL-006-20 be received for information” Mayor Foster called the vote and the motion was Carried. 12.1 Confidential Report FND-026-20 - Appointment of Municipal Officer Resolution # C-363-20 Moved by Councillor Hooper Seconded by Councillor Anderson That Confidential Report FND-026-20 be received; That Council pass the attached draft by-law (Attachment 1), repealing By-law 2019-018; and That Michelle Pick, Manager of Accounting Services, be appointed as Deputy Teasurer and as the alternate Clarington member on the Durham Municipal Insurance Pool. Carried Councillor Neal enquired about the following matters: The number of Firefighter applicants and how many have relatives working for the Municipality Requested the Acting Director of Engineering Services to review the Bloor Street median designs The anticipated timing of the tax relief advertisement on the Municipal Website Timing of the Elexicon update Sought direction from the Municipal Clerk regarding a By-law matter Questioned if it was appropriate to include a Zoning By-law notice in the recent tax invoice 15. By-laws 15.1 2020-043 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.2 2020-044 - Being a By-law to amend By-law 2012-061, Being a By-law to Provide for the Maintenance, Management, Regulation and Control of the Cemeteries in the Municipality of Clarington
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15.3 2020-045 - Being a By-law to Delegate the authority For Establishing or Amending Retention Periods to the Municipal Clerk and Repeal By-law 2015-057 Being a By-law to Establish Schedules of Retention Periods for Records of the Municipality of Clarington 15.4 2020-046 - Being a by-law to amend the Procedural By-law 2015-029 15.5 2020-047 - Being a By-law to Appoint a Deputy Treasurer and to Amend By- law 2019-018 15.6 2020-048 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.7 2020-049 - Being a By-law for Closure and Conveyance of Road Allowances 15.8 2020-050 - Being a By-law to Amend By-law 84-63, Being a By-law to Amend the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington and to Repeal Interim Control By-law 2018-083 15.9 2020-051 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.10 2020-052 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.11 2020-053 - Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 15.12 2020-054 - Being a By-law to Exempt a Certain Portion of Registered Plan 40M-2614 from Part Lot Control 15.13 2020-055 Being a By-law to amend the Clarington Traffic By-law 2014-059 Resolution # C-364-20 Moved by Councillor Hooper Seconded by Councillor Anderson That leave be granted to introduce By-laws 2020-043 to 2020-049 and 2020-052 to 2020-055; and That the said by-laws be approved. Carried
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Councillor Neal decalred an indirect interest in by-law 2020-050 and 2020-051 as it relates to his law practice. Councillor Neal muted his audio and video and refrained from discussion on this matter. Resolution # C-365-20 Moved by Councillor Hooper Seconded by Councillor Anderson That leave be granted to introduce By-laws 2020-050 and 2020-051; and That the said by-laws be approved. Carried 16. Procedural Notices of Motion None 18. Confirming By-Law Resolution # C-366-20 Moved by Councillor Hooper Seconded by Councillor Anderson That leave be granted to introduce By-law 2020-056, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 6-7th day of July 2020; and That the said by-law be approved. Carried 19. Adjournment Resolution # C-367-20 Moved by Councillor Neal Seconded by Councillor Zwart That the meeting adjourn at 5:02 p.m. Carried
Mayor Municipal Clerk
28 Page 33 MEMO
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning and Development Services Date: September 17, 2020 File No: PLN 7.26 Re: Lighting in Commercial and Industrial Developments
At the Joint Committee meeting of the September 14th, Councillor Neal raised regarding lighting requirements/standards for commercial and industrial developments. This memo has been prepared in response to those concerns.
Council approved Lighting Guidelines in March 2010. The purpose of the Lighting Guidelines is to provide effective measures to mitigate the impacts of excess and unnecessary external lighting. The guidelines are used as part of the site plan approval process for new development applications for commercial, industrial, institutional and multi-unit residential developments. The guidelines were introduced to address concerns about direct glare and light trespass. They are not intended for municipal street lighting or residential development. The guidelines can be found here.
Lighting plans are required as part of the site plan approval process. Applicants are required to submit a Photometric Lighting Plan, prepared by a qualified design professional.
The standard requirement is for full cut-off lights (e.g no light trespass across the property boundary). These are lights designed and/or shielded in such a way that all the light rays emitted by the fixture are project below the horizontal plane. In other words, as much as possible the light shines down, rather than in a larger circumference or up into the sky.
The guidelines establish a set of maximum illumination values for different lighting zones. The zones range from lighting requirements for sensitive land uses, for example agricultural and natural areas which require low level illumination to urban uses, such as commercial plazas, dealerships, and institutional uses where higher level illumination is permitted.
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The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | [email protected] | www.clarington.net Page 34 Once the Site Plan is approved, the Owner enters into a Site Plan Agreement. The owner agrees to install the lighting in keeping with the approved Photometric Lighting Plan. Once all the new site lighting has been installed on the subject lands, the owner agrees to obtain a letter from the project’s lighting engineer certifying that the lighting has been installed in accordance with the approved drawings, prior to release of the landscape securities.
In the case of Owasco, site plan approval was issued in July 2018. The municipality does retain landscape securities. These securities will not be released until the certification from the consulting engineer has been received.
If you have additional questions, please contact Cynthia Strike.
cc: Anne Greentree, Clerk
Duncan Anderson, By-law Enforcement Andy Allison. CAO
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The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1 -800-563-1195 | Local: 905-623-3379 | [email protected] | www.clarington.net Page 35 Lighting Guidelines
Planning Services Department Corporation of the Municipality of Clarington
APPROVED BY COUNCIL ON MARCH 22, 2010
Page 36 PREFACE
In 2005, the area municipalities of Durham Region began the process of formalizing the review criteria of lighting systems for new development and redevelopment proposals subject to site plan approval. The municipalities, comprising representation from the Durham Regional Planning Department, Town of Ajax, Township of Brock, Municipality of Clarington, City of Oshawa, City of Pickering, Township of Scugog, Township of Uxbridge, and Town of Whitby, formed a committee, known as the Inter-municipal Lighting Committee, in order to develop a set of Lighting Guidelines. Lumetech Engineers Inc. was retained to provide expert advice and assist in the development of the technical data. The Durham Region Astronomical Association (DRAA) also provided input and advice for the Guidelines.
The purpose of the Lighting Guidelines is to provide a set of effective standards, consistent across the Durham Region, that are designed to mitigate the impacts of excess and unnecessary external lighting. These Guidelines are intended to be used as part of the site plan approval process for new development applications. Proponents installing new lighting systems or retrofitting existing systems as part of the site plan process should refer to these Guidelines and ensure that they are in compliance with all requirements herein.
Page 37 TABLE OF CONTENTS 1. PURPOSE ...... 1 2. BACKGROUND ...... 1 3. SCOPE ...... 2 5. LIGHTING FIXTURE REQUIREMENTS ...... 3 5.1 ACCEPTABLE FIXTURES ...... 4 5.2 PROHIBITED FIXTURES ...... 4 6. ILLUMINATION REQUIREMENTS ...... 5 7. SUBMISSION REQUIREMENTS & STANDARDS ...... 6 7.1 GUIDING STANDARDS ...... 6 7.2 LIGHTING FIXTURE SUBMISSION REQUIREMENTS ...... 6 7.3 LIGHTING PLAN SUBMISSION REQUIREMENTS ...... 7 7.4 UNIFORMITY RATIOS ...... 7 8. QUALIFIED DESIGNER SIGNOFF ...... 8 APPENDIX 1: LIGHTING ZONES ...... 9 APPENDIX 2: DEFINITIONS ...... 10
TABLE OF FIGURES Figure 1: Urban Sky Glow Effect ...... 1 Figure 2: Lighting Plan Section ...... 2 Figure 3: Full Cut-off Fixture ...... 3 Figure 4: Full Cut-off Wall Mount ...... 4 Figure 5: Full Cut-off Light Standard ...... 4 Figure 6: Prohibited Wall Mount ...... 4 Figure 7: Prohibited Sag Lens Light ...... 4 Figure 8: Shoppers Drug Mart Full Cut-off Lights ...... 5 Figure 9: Lighting Fixture Examples ...... 6 Figure 10: Parking Lot Lighting Plan ...... 7
Page 38 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 1
1. PURPOSE 2. BACKGROUND
The purpose of these guidelines is to provide a set of Excessive and unnecessary site lighting can have a effective standards designed to limit the impacts of number of detrimental environmental and safety impacts. excess and unnecessary external lighting. Specifically, Specifically, excessive lighting can be inefficient in terms these guidelines are intended to be used as part of the of energy consumption, as well as create glare levels that site plan approval process for new development can be a detriment to drivers, pedestrians and applications. neighbouring properties. From an environmental perspective, the over lighting of towns and cities creates These guidelines are not intended to regulate lighting for a phenomenon known as Urban Sky Glow (refer to single family dwellings (including single detached Figure 1), that renders the night sky effectively dwellings, semi-detached dwellings, linked dwellings, and unviewable to town and city dwellers. Furthermore, poor street townhouse dwellings) or municipal street lighting. outdoor lighting design can create light trespass which is a nuisance that can negatively affect the enjoyment of a person‟s property.
The uneven application of lighting standards can create issues around transition; moving from an under lit area to an over lit one. This can have a significant effect on the night vision of drivers, cyclists and pedestrians.
These guidelines are designed to mitigate these issues through introducing standards that will address concerns about direct glare and light trespass. In addition, these standards factor in safety issues, such as those addressed by Crime Prevention Through Environmental Design (CPTED) principles and, in particular, safety issues that pertain to shadowing, peripheral visual detection and clarity of vision, with respect to seeing other people and objects. Figure 1: Urban Sky Glow Effect
Page 39 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 2
3. SCOPE
The scope of the lighting guidelines is to create a set of o Pole specifications such as height, spacing and standards that are applicable for land uses across placement; and Clarington. These guidelines are intended to address, o Photometric information, showing areas of but are not limited to: illuminance illustrated with isometric lines.
Lighting for buildings and structures, including building entrances, canopies or overhangs; Parking lot lighting; Pedestrian and landscape lighting; Recreational area lighting; Display, service and advertising lighting; Wall mounted lighting; Security lighting; Ornamental/decorative lighting; Lighting in heritage areas.
4. AUTHORITY
The Planning Act, through Bill 51, allows for lighting studies to be requested as part of the municipal site plan process. As such, applicants will be required to submit information from a qualified lighting design professional with respect to any proposed external lighting as part of the site plan process. The required information will include:
Light fixture (luminaire) design sheets, containing: o Lamp (bulb) types; o Fixture specifications (full cut-off required); Lighting Plan in foot candle values showing photometric data (refer to Figure 2), containing: Figure 2: Lighting Plan Section
Page 40
MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 3
5. LIGHTING FIXTURE REQUIREMENTS
A wide number of lighting fixture designs and lamp types The issue of light fixture design refers to the nature of the exist today. Light sources, or lamps, are available in a fixture itself. The standard requirement is for full cut-off variety of styles. Each lamp type has different attributes lights. These are lights that are designed and/or shielded and can be installed where most suitable. For example, in such a way that all of the light rays emitted by the metal halide lamps and LED lamps produce a white light fixture are projected below the horizontal plane. In which is ideal when colour rendering is required for technical terms, there should be no light emission at the purposes such as security. High pressure sodium, on the vertical angle of 90 degrees or greater above the nadir other hand, produces a yellowish light that is ideal when (the point at ground level directly below the source of colour rendering is not required. This is an appropriate, light), and no more than 10% at the angle of 80 degrees energy efficient lamp for purposes such as ornamental or above the nadir (refer to Figure 3). accent lighting.
Figure 3: Full Cut-off Fixture
Page 41 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 4
Light fixture designs which cannot meet these standards, Examples of full cut-off fixtures and prohibited fixtures are such as those with sag lenses or wall mount lights that provided below. shine horizontally, are prohibited.
5.1 ACCEPTABLE FIXTURES 5.2 PROHIBITED FIXTURES
Figure 4: Full Cut-off Wall Mount Figure 6: Prohibited Wall Mount
Figure 5: Full Cut-off Light Standard Figure 7: Prohibited Sag Lens Light
Page 42 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 5
6. ILLUMINATION REQUIREMENTS
In addition to setting standards for acceptable lamps and The land uses that these guidelines will apply to are: fixture types, these guidelines have established a set of maximum illumination values for different Lighting Zones. Commercial uses such as plazas, retail outlets, car The illumination requirements are expressed in the form dealerships, offices, personal service uses, and of tables pertaining to each Lighting Zone‟s maximum others; illumination at the property line (refer to Appendix 1). Industrial uses such as warehousing, manufacturing, fabrication, aggregate extraction and processing The lighting zones are intended to recognize that not all uses; areas can achieve the same lighting levels. At the pre- Institutional uses such as, places of worship, schools consultation stage, the applicant will work with the (public and private), hospitals, and government Planning Services Department to determine which facilities; Lighting Zone the proposal falls under. Four Lighting Recreational uses such as golf courses, driving Zones have been established. Lighting Zone 1 is the ranges, soccer pitches, domes and baseball most stringent and includes environmentally sensitive diamonds and ski hills; and open space areas. The majority of development Residential uses with three or more units (save and proposals will be designated as part of Lighting Zone 2. except for street townhouses) and retirement homes. Locations with unique constraints and dense development may be classified as Lighting Zone 3. The Lighting Zone 4 designation is reserved for those sites with extreme constraints, requiring special consideration. Lighting Zone 4 will typically constitute development within downtown areas.
Non-essential external lighting is encouraged to be switched off during non-operating hours, or placed on senor-activated timers (where lighting does not serve security purposes).
Figure 8: Shoppers Drug Mart Full Cut-off Lights
Page 43 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 6
7. SUBMISSION REQUIREMENTS & 7.1 GUIDING STANDARDS STANDARDS Light fixtures should be positioned across a site so as When requested, site plan applications should be to give a uniform distribution of light over the relevant accompanied by a lighting plan and lighting fixture details area. This assists in the avoidance of the creation of that demonstrate that the proposal meets the guidelines. “hot spots” (areas of over-illumination that make The following submission requirements and standards adjacent areas seem darker); will apply: The conservation of energy should be encouraged; Lamps shall be located in such a way as to direct light away from neighbouring properties; Except where lighting is strictly ornamental, photometric performance (the glare, intensity and uniformity of the light produced) will be a more important factor in assessing the suitability of proposed lighting than aesthetics; Only down-lighting or back lighting will be permitted for on-site signage; Areas as identified as unsafe or provide security concerns may require additional lighting based on CPTED principles.
7.2 LIGHTING FIXTURE SUBMISSION REQUIREMENTS
Detail specifications, including lamp type, fixture type, lumens rating of lamp, wattage, colour, etc. shall be submitted; Only full-cut off fixtures shall be accepted; Fixtures shall be positioned such that they focus light down, preventing light from emitting above the horizontal plane (90 degree position relative to the Figure 9: Lighting Fixture Examples ground) and preventing light trespass.
Page 44 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 7
7.3 LIGHTING PLAN SUBMISSION REQUIREMENTS
The illumination levels shall be expressed in foot The lighting plan is to be signed by the qualified candles and in the form of isolux curves showing the lighting design professional responsible for the plan; predicted lighting levels at the property line and Five (5) copies of the lighting plan and fixture details throughout the development site; are to be included in the final submission. Pole specification such as height, spacing, foundation details, and placement shall be provided. Pole heights 7.4 UNIFORMITY RATIOS will generally be between 6.0 metres (for smaller, pedestrian scaled development) and 7.5 metres for In lighting design the average maintained illuminance and larger scale development. Municipal recreation uses, uniformities are calculated. The uniformity ratio is such as baseball diamonds, are not regulated by computed to make sure that certain minimum levels are these guidelines; achieved in the design, creating uniform lighting across a Lot boundaries must be shown; site. For outdoor lighting applications, Average to Location of all structures must be shown; Minimum ratio is considered essential in order to control Location and height of all proposed luminaires, the creation of “hot spots”, which are areas with very high including wattage, and lamp type must be shown; illumination that are surrounded by darker areas. As part The illumination levels at all property lines should of a lighting plan submission, designers are required to strive to achieve „0‟ foot candles; submit the Average to Minimum ratio, which is to be A photometric diagram showing the predicted lighting designed in accordance with the Illuminating Engineering levels from each of the proposed light sources shall Society (IES). be provided;
Figure 10: Parking Lot Lighting Plan
Page 45 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 8
8. QUALIFIED DESIGNER SIGNOFF 9. POST INSTALLATION INVESTIGATION
The following statement is to be included on the Lighting After the installation of any new lighting subject to Plan and signed by the qualified designer: municipal review and approval, the applicant‟s lighting consultant shall provide a written signoff confirming that the lighting has been installed as per the approved plan. This drawing indicates all proposed outdoor lighting fixtures for this proposed development. The lighting design is in accordance with the applicable lighting zone as established by the Planning Department, and designed with an Average to Minimum ratio in accordance wit the Illuminating Engineering Society guidelines. This lighting design will not create any objectionable glare for adjacent properties.
Signature of Qualified Designer
Page 46 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 9
APPENDIX 1: LIGHTING ZONES
Maximum Vertical Lighting Ambient Illuminance Locations Land Use Zone1 Brightness Level at Property Lines2 (foot candles)
Rural Areas / Agricultural, Natural areas identified in the LZ1 Dark Environmentally Official Plan including parks and 0.1(1 lux) Sensitive Areas designated environmental sensitive areas
Open Spaces, Low – Medium Density Rural/Suburban Residential, Small Scale Commercial, LZ2 Low 0.3 (3 lux) Applications Institutional, Recreational and Industrial Uses
Large Scale Commercial, Industrial, LZ3 Medium Urban Recreational, Institutional and Medium – 0.8 (8 lux) High Density Residential
Dense Urban Land uses that warrant special LZ4 High Development / consideration. Generally this zone is 1.5 (15 lux) Downtown reserved for properties in the Downtowns
1 Where multiple lighting zones are present on a single lot or development, or if an Environmental Impact Study makes specific recommendations regarding lighting levels, the more restrictive shall apply.
2 The Maximum Illuminance Level at Property Line represents worst case scenarios. Lighting designers will be expected to attempt to achieve minimal or no lighting on or beyond property lines in all lighting zones.
Page 47 MUNICIPALITY OF CLARINGTON LIGHTING GUIDELINES PAGE 10
APPENDIX 2: DEFINITIONS
Foot Candles: Lumens per square foot. Luminance The light that the eye sees – i.e., light that has been reflected by a surface. It is measured in Illuminance: The amount of light that actually falls on an Candelas per square foot or metre. object. It is the density of light on a particular surface – measured in lux or lumens per square foot (foot candles Lux: The measure of illuminance, expressed in units of – fc). Lumens per square metre.
Lamp: A bulb or other light producing source. Metal Halide: Produces white light, which the eye sees well for scotopic vision. The yellow light produced by low Light: Visible wavelength energy that enables you to and high pressure sodium is not seen well by the eye in see. low light situations.
Light Pollution: The overall impact that the lighting of Pole Height: Height of a light standard, measured from cities and towns has on the night sky. the grade (ground level) to the highest point on the luminaire. Light Trespass: The projection of light from one site onto another. Qualified Lighting Design Professional: A person with the appropriate qualifications to design lighting systems. Lumens: Measurement of the total amount of light This may include those with the L.C. (lighting emitted by a bulb, known as luminous flux. A 100 watt certification) or Professional Engineers registered in incandescent bulb will put out roughly 1,800 lumens, Ontario in Electrical Engineering. Others with similar while a high pressure sodium street lamp of the same credentials may be considered Qualified Lighting Design wattage will emit about 8,550 lumens. Professionals on a case by case review.
Luminaire: The lighting fixture itself. It is a combination Vertical Illuminance: Lighting levels measured on the of the bulb, socket, reflectors or lenses, ballast, and vertical plane at a height of 1.5m (5ft) above ground housing. level. This is a normalized observer eye height, and represents effects on humans at eye level.
Page 48 Steven A. Zakem Direct: 416.865.3440 E-mail:[email protected]
September 17, 2020
BY EMAIL: [email protected]
Anne Greentree Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON
Dear Ms. Greentree:
Re: An Application by Goldmanco Inc. to amend Sign By Law 2009 – 123 to permit a monolith sign along Highway 2 at the Courtice Urban Centre Development File No. ZBA 2020-0001
I represent Goldmanco Inc. with respect to the above referenced matter.
Goldmanco originally applied to erect two monolith signs along each of Trulls Road and Highway 2 frontages. Following consultation with planning staff it was agreed to only request one monolith sign and to convert the second monolith sign to two ground signs. The monolith sign requires an amendment to By-law 2009-0123 (Sign By-law). Variances required to permit the ground related signs on the Trulls Road frontage are delegated to the Director of Planning and Development Services who is prepared to grant the variances requested as part of the compromise discussed with staff.
On September 14, 2020, Clarington Planning and Development Committee (“PDC”) considered staff report number PSD-031-20 (attached) which recommended approval of the above- referenced application by Goldmanco Inc. Notwithstanding the staff recommendation, PDC added a condition to the approval of the monolith sign that one of the two ground signs located on the corner of Trulls Road and Highway 2 be deleted. The following sets out the amended Motion:
13.4 PSD-031-20 An Application by Goldmanco Inc. to Amend Sign By-law 2009-123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development
Resolution #JC-084-20
That Report PSD-031-20 be received;
That the amendment to the Municipality of Clarington Sign By-law 2009-123, be approved and that the By-law, contained in Attachment 1 to Report PSD- 031-20 be [passed] approved with the elimination of the sign at northwest corner; and (condition added by PDC is bolded for emphasis)
That all interested parties listed in Report PSD-031-20 and any delegations be advised of Council’s decision.
Page 49 Page 2
This letter is intended to provide additional information and to request that Council approve the application as originally recommended for approval by staff in report number PSD-031-20.
It is important to understand the context of this site and the urban design provisions that have been incorporated into the approved site plan as they affect the visibility of the site and the need for signage. All of the buildings have been moved as close to the surrounding streets as possible in order to create a pedestrian friendly environment and to lessen the visual impact of the parking areas. This urban design restricts the visibility of the various businesses proposed for the development making signage an essential component of advising passing traffic of which tenants are located on the property.
The large monolith sign which was recommended for approval will advertise the tenants that will anchor this development. The two ground related signs located at the corner of Trulls Road and Highway 2 are necessary to advise passerby traffic and pedestrian traffic of the tenants located in Building D. Building D is a two storey building that will contain a number of smaller tenants. The two storey nature of the building is another urban design feature that is an important policy objective of the municipality. However, the location of the building, its height, and its orientation obscure visibility for the various tenants until one actually enters the site. The ground related signs at the corner are required to advise these tenants to potential customers. These signs where a commercial necessity even before Covid-19 completely upended the small business community. Now more than ever, these signs are required for Goldmanco to successfully lease Building D to prospective tenants and for those tenants to succeed.
We respectfully request that the condition added by PDC be deleted and that the original recommendation in staff report number PSD-031-20 be approved.
Kindly advise the undersigned of the results of council’s deliberation with respect to this matter and kindly place this correspondence before His Worship and Members of Council.
Yours very truly,
AIRD & BERLIS LLP
Steven A. Zakem SAZ/jd/bp Encl c. A. C. Allison, CAO, Municipality of Clarington (via email: [email protected]) F. Langmaid, Acting Director of Planning & Development Services, Municipality of Clarington (via email: [email protected] ) P. Wirch, Senior Planner, Municipality of Clarington (via email: [email protected]) D. Hull, Goldmanco (via email w/encl. [email protected])
41589619.1
Page 50 MEMO
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning and Development Services Department Date: September 18, 2020 File No: SBA 2020-0001 Re: PSD-031-20, Sign By-law Amendment, Recommendation to Permit a Monolith Sign along Highway 2 at the Courtice Urban Centre
At the Joint Committee Meeting on September 14, 2020, the Committee considered report PSD-031-20, in which staff recommended approval for a monolith sign to be located along Highway 2 at the new development under construction within the Courtice Urban Centre.
In Committee’s discussion of this report, concerns were raised about the placement of signs within the plaza at the northwest corner of the property at the intersection of Highway 2 and Trulls Road.
The landscape plaza located at the northwest corner of the site is privately owned and does not form part of the Municipal right-of-way or the sight triangle at the intersection. Through the Site Plan Approval process, permission has been granted for three ground signs, including two within the plaza (see Figure 1).
The proposed monolith sign would include the signage for The Beer Store which is located away from the street in the centre of the site.
It is Staff’s recommendation that Council proceed in approving the monolith sign as requested.
Page | 1
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | [email protected] | www.clarington.net Page 51
Figure 1 – Approved Ground Signs
Page | 2
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1 -800-563-1195 | Local: 905-623-3379 | [email protected] | www.clarington.net Page 52
Faye Langmaid Acting Director of Planning and Development Services Department cc: Carlos Salazar, Manager, Community Planning & Design Paul Wirch, Senior Planner, Community Planning & Design
Page | 3
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1 -800-563-1195 | Local: 905-623-3379 | [email protected] | www.clarington.net Page 53
Draft minutes – Not yet approved by Committee
MINUTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD TUESDAY SEPTEMBER 8, 2020 6:15 PM On-Site
Present: Tom Hossie Jocelyn Whalen Kate Potter Patrick Bothwell Leo Blindenbach Brian Reid Rod McArthur Carrie-Anne Atkins Maggie Luczak
Regrets: Councillor Corinna Traill Meaghan Vandenbrink
Staff Present: Peter Windolf
1. AGENDA
MOVED: by Patrick Bothwell SECONDED by Kate Potter THAT: the agenda for September 8, 2020 be accepted with the following addition;
-iNaturalist Update
CARRIED
2. MINUTES OF PREVIOUS MEETING
Approval of Minutes
MOVED: by Leo Blindenbach SECONDED by Patrick Bothwell THAT: the minutes of July 14, 2020 be approved
CARRIED
Page 54 SWNA September 2020 minutes 2
3. UPDATES
New Member Introduction Jocelyn Whalen was introduced to the committee. She was appointed by Council to the committee in March. She previous served on the SWNA committee before relocating to BC. Jocelyn has a degree in Environmental Science and is currently in teacher’s college at Trent University.
Monarch Tagging Committee members are proceeding with tagging monarchs during the fall migration. 500 tags were purchased from Monarch Watch, and approximately 195 have been utilized so far. Its anticipated that all tags will be used during the fall migration. The peak time for monarch migration through the SWNA is September 12-15 but will vary based on weather conditions. All tags should be used by the end of September, any monarchs tagged after September will probably not complete their migration to Mexico. Committee members can obtain tags from Tom Hossie and nets from Patrick Bothwell.
Pollinator habitat planting at Port of Newcastle Park The committee has received $1,100 funding from OPG to expand the butterfly habitat planting at Port of Newcastle Park. Due to Covid 19 the planting event was cancelled in 2020. OPG has agreed to extend the funding for planting in spring 2021. The cheque has been received and was given to Michelle Pick in Clarington Finance Department. Chalk Lake Greenhouse will be able to supply the plants for the project in 2021.
November wildflower garden seeding The site for the wildflower seeding has been tilled 3 or 4 times by Kirk Kemp from Algoma Orchards. Leo will contact him to determine if he is willing to continue throughout the fall in preparation for seeding in November. All Green has provided a quote to seed and roll the site should they be required to complete the work. Rod McArthur has three bags of seed stored in his freezer and Meaghan Vandenbrink has one bag.
Bat Houses Four bat houses have been installed just west of the sewage treatment plant. They were built and installed by volunteers Kevin Leckie and Jeff Marchand. Two more are expected later this fall. Carrie-Anne Atkins will share a 2019 Bat Study done at OPG’s Darlington site. iNaturalist Update Tom reported that 946 observations and 412 species have been identified by users of the SWNA to date. When public events are permitted to resume in the future the committee will hold a BioBlitz event using the iNaturalist app to further promote citizen science initiatives at the SWNA.
Page 55 SWNA September 2020 minutes 3
4. OTHER BUSINESS
Future meetings With colder weather approaching the committee will likely hold virtual meetings instead of on-site meetings. The new staff liaison for the SWNA committee should be in place by the October meeting and would be able to set up a Microsoft Teams meeting for the committee.
5. MOTION TO ADJOURN
MOVED: by Carrie-Anne Atkins SECONDED by Jocelyn Whalen THAT: the meeting be adjourned.
CARRIED
Adjournment 7:15 PM
Next meeting date: Tuesday October 13, 2020, Format to be determined.
Notes prepared by: Peter Windolf
Page 56
CLARINGTON TOURISM ADVISORY COMMITTEE Minutes of Meeting
June 9, 2020, 9 a.m. Teleconference
Members Present: Fred Archibald, Chair Petra Schwirtz Ann Harley Evan King Laura Holmes Evan King Councillor Ron Hooper Bonnie Wrightman, CBOT
Regrets:
Amy Verwey Christine McSorley Kim Neziroski Brandon Pickard, Durham Tourism
Staff: Ashlee Kielbiski, Tourism Programmer Laura Knox, Tourism Coordinator Jess MacGregor, Tourism Clerk Lee-Ann Reck, Manager Client Services, Community Services Department
Page 57 1. Call to Order o Meeting was called to order – 9:23 a.m.
2. Adoption of Agenda Moved by, Evan King, seconded by, Petra Schwirtz: That the agenda for June 9, be adopted. Carried
3. Approval of May 22, 2020, Meeting Minutes Moved by, Petra Schwirtz, seconded by, Evan King:
That the meeting minutes of May 22, 2020, be approved. Carried
4. Presentations o None
5. New Business Update from Clarington Tourism o At the Committee’s request during the May meeting, Tourism staff were tasked to create a virtual blackboard of businesses and attractions on claringtontourism.net. This will be used to promote how businesses are open at this time and serve as a resource for residents on how their community is reopening. o Tourism staff created a form that was approved by the Committee to send to all stakeholders to be filled out. In addition, CBOT and Bowmanville BIA sent the form to their email lists. At the time of the meeting, 43 businesses had filled out the form. The information provided was used to start the Tourism Business and Attractions Directory. A follow-up email and phone calls are to take place to ensure the latest information available is included on the page. o The Committee advised that non-tourism businesses still be included but under a “Services” category. o It was advised that we add a section on the form for business email addresses to ensurefollow up.. o Clarington Tourism’s programmatic advertising will resume when we have moved to Stage 2 of the Provincial reopening plan. The scope of our efforts will remain localized, to engage residents and their visiting friends and relatives.
Page 58 o Social ads have continued to be a great resource for engagement on our social platforms, ensuring we are reaching the community with the localized message.
6. Other Business o At the Committee’s request, Tourism will provide an update of provincial changes since the previous meeting, which are to be discussed at the beginning of each meeting o The Committee discussed the reach of this directory, wanting to ensure as many people as possible see it and utilize it. Tourism staff were asked to go away and look at alternative advertising opportunities such as mailing postcards to residents or radio ads. o The Committee also asked that staff look into funding or grant opportunities that come up for further financial support and will bring those opportunities to the next meeting
7. Date of next meeting: o Early July. Date to be confirmed and Ashlee Kielbiski to send teleconference information.
8. Motion to adjourn Moved by, Ron Hooper, seconded by, Laura Holmes, Carried. The meeting concluded at 9:56 a.m.
Page 59
Clarington Diversity Advisory Committee Thursday, July 23, 2020, 7:00 PM Microsoft Teams
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131
Present: Councillor Ron Hooper Ashfaque Choudhry Sajida Kadri Derryck Lamptey Meera McDonald Laila Shafi Rachel Traore
Also Present: Erica Mittag – Community Development Coordinator Rob Maciver – Municipal Solicitor Ashlee Kielbiski – Tourism Programmer Erin Nicole Lauren Reyes-Grange (until 7:45 p.m.) Rochelle Thomas Angela Todd-Anderson
Regrets: Rajeshwari Saharan John Sawdon
The meeting called to order at 7:06 p.m.
1. Land Acknowledgement
Rachel Traore read the Land Acknowledgement Statement
2. Welcome to guests.
Rachel Traore welcomed the guests to the meeting, and each shared a little bit of information about their interest in attending the meeting.
Page 60
3. Review of Agenda
That the agenda of the July 23, 2020 meeting be approved. Moved by Derryck Lamptey; Seconded by Laila Shafi
Carried
4. Review of Minutes
That the minutes of the meeting of June 25, 2020 be approved. Moved by Councillor Hooper; Seconded by Meera McDonald
Carried
5. Prohibit Symbols of Hate: Council Resolution #GG-246-20
Council passed resolution #GG-246-20 regarding a protocol to prohibit symbols of hate and racial intolerance which was directed to staff to consult with the Diversity Advisory Committee. Clarington’s Municipal Solicitor, Rob Maciver attended the meeting to hear comments from the Committee on the topic. Erica Mittag provided a synopsis of activity / work being done in other municipalities.
Some meeting participants provided input that the Municipality should enact a by- law that would make it an offence to display hate symbols on public or private property. Other input was provided that the Municipality should consider an alternative approach that would recognize the individual right to freedom of expression. The discussion concluded with a request of Rachel Traore for more suggestions from staff.
6. Council Updates
Councillor Ron Hooper provided an update from his recent attendance at the Black Lives Matter rally in Clarington. Councillor Hooper shared that he attended a meeting with Cora Reid, of Black Rose Movement, an initiative which inspires young Black youth to greatness while educating others on the issues of systemic racism, anti-black racism prejudice and seeks to bring positive changes in our society. Councillor Hooper also shared that there is a provincial funding opportunity to support businesses in addressing the challenges of COVID-19.
7. Community Updates
Region of Durham Anti-Black Racism Virtual Town Hall is being held Thursday, August 6, 2020 from 6:30 p.m. to 8:30 p.m. Please pre-register for this virtual event.
Page 61 Clarington’s staff diversity and inclusion team formed and meeting on Tuesday, July 28. One of the aims of this staff team is to complement the work being done by the Diversity Advisory Committee. The Diversity Advisory Committee wishes this team well, and offered the door is open for any assistance needed. Councillor Hooper commended the Committee for the amount of work already done in this regard.
8. Anti-Black Racism subcommittee
The Committee discussed the new Anti-Black Racism subcommittee as voted on at the last meeting. The subcommittee will be comprised of community members who have demonstrated an interest in the efforts. The liaison from the Diversity Advisory Committee is Meera McDonald.
The subcommittee welcomes the following community members: Rochelle Thomas, Erin Nicole, Angela Todd-Anderson and Lauren Reyes-Grange.
Meera McDonald outlined the preliminary deliverables for the subcommittee such as looking at anti-Black racism policies and developing a Terms of Reference. The subcommittee members shared their ideas and areas of passion. Rachel Traore clarified that the Anti-Black Racism subcommittee will initially focus on anti-Black racism but as they evolve will seek to encompass all forms of racism.
Erica Mittag will confirm the initial meeting date of the subcommittee with its members.
9. Diversity in Imagery
Clarington’s Communications Division in partnership with Clarington Tourism Advisory Committee is looking to diversify their imagery used for promotions. They hope to use images that capture Clarington residents enjoying activities offered in Clarington.
A collage of existing images has been created and will be circulated to the Committee for input. Please provide feedback to Erica on what may be lacking. Erica Mittag will share information with Committee members about upcoming photo shoots (happening 3 or 4 times per year) so the opportunities can be shared more widely to encourage participation from our community.
9. Diversity Lens update.
Erica Mittag proposed that with the reviews of other Diversity lenses complete, the next steps of the working group will be to develop a template based on an existing modifiable model (City of Ottawa). Members interested in joining the working group can message Erica.
Page 62 9. Workplan update.
Rachel highlighted new elements of the workplan that need to be addressed (given that the Lens is in progress).
Training and Awareness – we have a commitment to Chief Dave Mowat regarding including an aboriginal element to the Training and Awareness. Erica has reached out to Bawaajigewin Aboriginal Community Circle. Erica Mittag is developing a training plan for staff and Meera McDonald is her contact person from the Committee. Anyone interested in participating may contact Erica.
Celebrating Diversity – this may be challenged in a COVID or post-COVID era. Rachel elicited ideas on how to work on this. We may look to Lauren Reyes-Grange as a member of the anti-Black racism subcommittee for some guidance around a social media campaign.
Survey – completed. The Committee discussed the opportunity to re-launch the survey since much has changed in the community and society since it was released in November 2019. Erica Mittag will pull out any relevant information for the Anti-Black Racism Subcommittee and will follow up with Communications to coordinate the re-launch.
That the survey be re-launched to the community. Moved by Laila Shafi; Seconded by Sajida Kadri
Carried
Participation at local events is difficult in the current times. To be reassessed.
Partnership with Community Agencies (i.e. Welcome Wagon) – Ashlee Kielbiski indicated Clarington’s Tourism Advisory Committee is working on an initiative to welcome people moving to Clarington. They are partnering with local realtors and are planning a meeting shortly. Ashfaque Choudhry and Rajeshwari Saharan expressed interest in being involved.
9. Other Business
Durham Black Accountability Coalition has reached out to Mayor Foster and are meeting him on August 4. Rachel Traore is also attending and will report back to the Committee after this meeting.
Thursday, August 6 at 6:30pm, the Region of Durham is hosting an Anti-Black Racism Town Hall – please register to receive the meeting invite. Please share within your networks. Find out more information: https://yourvoice.durham.ca/durhamcavirtualtownhall
Page 63 That the meeting be adjourned at 8:56 p.m. Moved by Ashfaque Choudhry; Seconded by Derryck Lamptey
Carried
Next meeting: Thursday, August 27, 2020, 7:00 p.m. Virtually – Microsoft Teams
Page 64
Clarington Diversity Advisory Committee Thursday, August 27, 2020, 7:00 PM Microsoft Teams
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext 2131
Present: Councillor Ron Hooper Sajida Kadri Derryck Lamptey Meera McDonald Rajeshwari Saharan John Sawdon Rachel Traore
Also Present: Erica Mittag – Community Development Coordinator
Regrets: Ashfaque Choudhry Laila Shafi
The meeting called to order at 7:03 p.m.
1. Land Acknowledgement
Rachel Traore read the Land Acknowledgement Statement
2. Adoption of Agenda
Moved by Meera McDonald, seconded by Sajida Kadri
That the agenda of the meeting of August 27, 2020 be approved.
Carried
The Committee discussed whether meetings in person will be resumed. Erica to share information with the Committee once an update is provided.
Page 65
3. Adoption of Minutes
Moved by Councillor Ron Hooper, seconded by John Sawdon
That the minutes of the meetings of July 23, 2020 be approved.
Carried
4. Update on the Anti-black Racism Sub-Committee
Meera provided update on the work of the Anti-Black Racism Subcommittee. The subcommittee met August 12; they discussed the priorities of their work being social media campaign development, policy review and development, training for municipal staff, Council, community. From subcommittee will come a plan that DAC will need to vote on. The subcommittee meets again on Wednesday, September 16 at 6:00 p.m. The subcommittee does not have any voting power; any recommendations made by the subcommittee will be shared with this Committee for decision making. Councillor Ron Hooper asked about whether information about the ongoing activities may be disseminated, so that the community may be aware. Rachel Traore commented that communications will be aligned with the Municipality’s Communications division.
5. Diversity and Anti-Racism Clarington Web Presence.
Erica Mittag shared that the Municipality’s Communication division discussed the proposed relaunch of the Community Diversity Survey for updated feedback. Communications is suggesting the development of a webpage contained within Engage Clarington dedicated to Diversity in Clarington which would highlight (among others) the work of the Diversity Advisory Committee, the Anti-Black Racism Subcommittee, the Community Diversity Survey and other relevant topics on which to interact with the community. Clarington Social media strategy would include ways to drive traffic to the Engage Clarington resource. Communication representative will also be attending the subcommittee meeting of September 16.
6. Council and Community Updates
Councillor Ron Hooper shared:
a) Pathways to Awareness offered (virtually) by St Paul's Church. Friday September 25 at 7:00 p.m. through to October 28, 2020.
Page 66 b) Black Lives Matter event held Saturday, August 22 at the outside space at the Town Hall (40 Temperance Street, Bowmanville). DAC members should be invited to / consider attending events like this to raise awareness of our efforts.
c) Council has not met during the summer, but several meetings have been taking place.
d) Municipality is still working on bringing in rural broadband over the next year.
e) Durham Region Transit (bus services) are being restructured to be more "on- demand" instead of scheduled stops.
Erica Mittag shared:
g) Mayor Foster is hosting a Facebook event with residents on September 11 at 3:30 p.m. See Municipality of Clarington Facebook page for more details.
h) Metrolinks looking for feedback by September 1. Erica Mittag will send out information. This was later confirmed as being consultation occurring outside of the Region of Durham.
i) Clarington’s Diversity and Inclusion Staff Team will be recognizing Orange Shirt Day which occurs September 30, 2020. There will be a flag raising ceremony, proclamation and story sharing. Erica Mittag will send out information as it becomes available. The Committee suggested complementing the planned activities with sharing of livestreams or videos of documentaries related to Orange Shirt Day on the Municipality’s social media. Erica Mittag will share the idea with the Orange Shirt Day Working Group. The Committee discussed wearing orange shirts and take a picture showing our support. Erica Mittag will share the t-shirt ordering link with the Committee once available.
j) Rachel Traore asked Erica Mittag if there was an update from the Municipal Solicitor on the status of the motion regarding symbols of hate. Erica will follow up and report back at the next meeting.
7. Diversity Lens Update – Initial Draft.
Councillor Ron Hooper recently joined the Diversity Lens working group with Erica, Laila and Sajida. The City of Ottawa Equity and Inclusion Lens has been provided for editing and sharing, if the City of Ottawa and the City for All Women Initiative are cited. This full lens will be adapted for Clarington's use. Initial draft revisions were reviewed by the Committee and will be sent out to Members for feedback. Share thoughts and feedback with Erica Mittag by end of day Monday, September 21. Once the draft is finalized, a test of the tool with members of
Page 67 Clarington’s staff team will be done and the feedback will be shared with the DAC. Once the final tool is available, the Diversity Advisory Committee can recommend it to Council for a wider launch.
8. Workplan Update
The workplan needs to be reviewed by Members to see which pieces members can take responsibility for. Erica Mittag will re-share the workplan; Members are to review and provide feedback to Erica Mittag (who will compile) by end of day Monday, September 21, 2020.
8. Other Business
a) Councillor Hooper shared his experience at a recent meeting of a residential association. Rachel Traore offered to provide support and the two will connect to discuss the matter further.
b) Indigenous Event 2020 – Pathways to Awareness, Understanding and Right Relations presented virtually by St. Paul’s Circle of Indigenous Friends and Advocates is occurring September 25 to October 28, 2020.
Moved by Councillor Ron Hooper; seconded by Meera McDonald
That the Diversity Advisory Committee will cover the cost of two attendees to represent the Committee at the event.
Carried
Members are asked to review the information email from Erica Mittag and confirm their desire to participate.
c) Rachel Traore shared that she attended a meeting with Mayor Foster, Councillor Hooper and Erica Mittag to discuss the work and progress of the Diversity Advisory Committee earlier in August. Funding for upcoming planning and initiatives for the Committee was discussed. A motion will be going to Council at an upcoming meeting for consideration.
The meeting was adjourned at 8:38 p.m.
Moved by John Sawdon; seconded by Derryck Lamptey.
That the meeting be adjourned.
Carried
Page 68
Next meeting: Thursday, September 24, 2020, 7:00 p.m. Virtually – Microsoft Teams
Page 69 Newcastle Memorial Arena Management Board Municipality of Clarington
Minutes of Meeting – Tuesday, August 25, 2020
(Not yet approved by committee)
In Attendance – Dave Bouma - Chair Bryan Wiltshire – Arena Manager Todd Taylor, Susan White (via telephone), Jim Vinson, Councillor Margaret Zwart
Regrets: Shane Armstrong, Councillor Granville Anderson, Shea-Lea Latchford, Gary Oliver
1. Agenda - Motion #20-008 Moved by Todd Taylor, seconded by Councillor Zwart THAT: the Agenda be accepted as proposed. CARRIED
2. Acceptance of Minutes - Motion #20-009 Moved by Todd Taylor, seconded by Councillor Zwart THAT: the minutes of February 11, 2020 meeting be accepted.
CARRIED
3. Manager’s Report – Olympia should be returned, repairs completed, first week of September. Lobby floor, delays with material, completion October/2020. Risk Management meeting completed with Dave Bouma and Sue White on July 14th. Current staff: Bryan plus one helper. COVID cleaning supplies have been purchased along with POP, both signs and floor decals. We have a proposed layout for both ice and dance clients and how to use the facilities. Updating safety protocols as new measures become available. Installation of ice will start September 21st and will be ready for use October 1st
4. Financial Report – We lost two (2) weeks of ice revenue due to COVID closure along with our scheduled summer rentals. Clients were issued a refund for cancelled March ice. We are projecting a loss for the season. We have submitted an application for the Clarington Community COVID-19 Support Program. A special thanks to Councillors Anderson and Zwart for their efforts on the receiving of a $2000 Public Skating Grant.
Page 70 2.
5. New Business – Farmer’s Market – It was confirmed that the Market had the proper insurance and the Season seems to be going well. Public Skating – Unfortunately, we have no further information at this time, so we are taking a “wait and see” approach. Public Health Tour – Bryan will speak with Rob from the Municipality to verify that we are following protocol for COVID safety .
Next Meeting – Tuesday September 15, 2020
Adjournment - Motion #20-010 Moved by Councillor Zwart, seconded by Todd Taylor THAT: the meeting be adjourned.
CARRIED
The meeting adjourned at 7:53 PM
______Chair
______Secretary
Page 71 Agricultural Advisory Committee of Clarington Meeting
Thursday, July 09, 2020
Members Present: John Cartwright Don Rickard Richard Rekker Ted Watson Tom Barrie Henry Zekveld Ben Eastman Councillor Zwart
Regrets: Eric Bowman Jennifer Knox Brenda Metcalf Les Caswell Staff: Amy Burke and Faye Langmaid - Planning Services Guests: Michael Longarini; Dave Kranenburg; Stacey Jibb, Region of Durham Planning and Economic Development
Due to COVID 19 restrictions and to ensure social distancing, participation in the meeting was electronic (using Microsoft Teams) and by conference call.
John welcomed all to the meeting, with introductions.
Declarations of pecuniary interest
None.
Adoption of Agenda
020-15 Moved by Richard Rekker, seconded by Ted Watson That the Agenda for July 9, 2020 be adopted. Carried
Approval of Minutes
020-16 Moved by Don Rickard, seconded by Henry Zekveld That the minutes of the June 11, 2020 meeting be approved. Carried
Agricultural Advisory Committee of Clarington July 9, 2020 Page 72 Presentation
The Committee was joined by two guests who provided an overview of virtual farmers market models that they have spearheaded in Clarington this year. These new models have supported a continued connection between local food producers and local consumers throughout the COVID-19 pandemic. Both models have seen success to date and plan to continue into the foreseeable future. The Committee commended these young entrepreneurs for their efforts and innovation to evolve the local food distribution system.
An overview of both farmers markets is below, including benefits realized and present challenges.
Michael Longarini - Bowmanville REKO Network: REKO (meaning “fair consumption”) is a local food model that began in Europe and has now expanded to four locations in Canada. REKO-Groups are Facebook-based direct sales of local food products and locally produced food-based goods from producers to customers. The Bowmanville REKO network was started by Michael and launched in March 2020. Vendors post an ad on the Facebook page each week with the products they have available. Customers place their orders with the vendors via their ads and complete payment directly with the vendor. Every Thursday, for one hour, vendors and buyers meet at the Garnet B. Rickard parking lot for the purchased products to be picked up. There are no on-site sales. All purchases and payment must be done prior to the scheduled pick-up.
Michael outlined a range of benefits for local farmers. The set-up is simple, low cost, and requires significantly less of a farmer’s time than a traditional farmers market. Farmers only bring to the pick-up what they have sold, so food waste is reduced. No tents or signage is required. To date there is no cost to the farmer or consumer to participate. Michael indicated that overall, REKO-groups have fewer barriers to entry for small local farms. The goal is for other farmers to adopt and adapt this less costly pre-order format and grow the availability of farm markets. A foreseeable challenge is expected insurance requirements, which will add cost to the farmer.
Information on Canada’s network of REKO-groups is available at www.rekocanada.ca. The local group’s Facebook page is called the “Bowmanville Reko Network”.
Dave Kranenburg - Green Circle Food Hub: Green Circle Food Hub originates and is run out of the Kendal Hills Farm. Dave shared with the Committee that at the outset of the COVID pandemic and with the shut down of the food service sector, Kendal Hills Farm was facing a 95% loss of sales for the year. This online farmer’s market model evolved in response and ensured continued viability.
The Green Circle Food Hub provides a one-stop shop for food producers and food- based product producers to sell their goods. Each week, vendors estimate what they can harvest or have prepared for sale and it on the Green Circle Food Hub website. The products are available for purchase Thursday through Sunday. Consumers can shop multiple vendors at once, assemble a “shopping cart”, and then check out and pay via the website. Vendors bring all of their products sold to Kendall Hills Farm and customer orders are assembled for delivery. Delivery is direct to the consumer
Agricultural Advisory Committee of Clarington July 9, 2020 Page 73 (contactless) or deliveries can be picked up by consumers at a select number of partner locations where Kendall Hills Farms has established pick up points.
Benefits to the farmer noted by Dave are similar to the REKO network. Similarly, the Green Circle Food Hub model caters to small and medium producers and local food- based artisans with fewer barriers to entry. Dave indicated that performance in the 17 weeks since the Green Circle Hub began has been overwhelming - $617,000 in total sales; 7,500 total orders, 5,700 food items sold, 850 regular customers; $5,000 contributed to 8 charitable causes that are supported by the initiative. Growth of the Green Circle Hub is currently challenged by a lack of cold storage space at the farm, which Kendal Hills Farm is in the process of addressing.
The Green Circle Food Hub virtual farmers market is found at www.virtualfarmersmarket.ca.
Ben Eastman, committee member provided information to David and Michael about insurance products that they may find of benefit and address their specific needs.
Delegations
None.
Business Arising from Minutes
On-Farm Special Events By-law: First working group meeting scheduled for July 14, 2020. The meeting will review public comments received on the draft by-law to date and discuss how on farm events are defined.
To learn more about the proposed rules, visit https://www.clarington.net/en/town- hall/proposed-on-farm-special-events-by-law.asp, email [email protected], or contact Duncan Anderson at 905-623-3379 ext. 2110.
Supporting Local Agriculture – Online Campaign: Webpage development is underway and anticipated to be complete in the coming weeks. Notice will be provided to Committee members once live. Feedback welcomed and encouraged. Comments can be sent to Amy at [email protected].
Durham Region Abattoir Opportunity: Updated provided by Stacey Jibb. Region of Durham Economic Development and the Clarington Board of Trade continue to collaborate with the interested investor to identify potential sites. Municipally serviced lands are required.
Condition of Regional Roads: A motion prepared by Committee members following the June 11 meeting in response to concerns raised about the condition of Regional roads and safe use by cyclists, motorists and large farm equipment was brought forward by Councillor Zwart to Council on July 6, 2020 and carried unanimously. Clarington Engineering Services is engaging in discussions with Regional Works Staff on the
Agricultural Advisory Committee of Clarington July 9, 2020 Page 74
matter. Region of Durham Staff will be asked to address the matter when they attend a Committee meeting this fall (date to be confirmed).
Correspondence, Council Items and Referrals
Letter from Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, regarding Bill 156 – Security from Trespass and Protecting Food Safety Act, 2020 thanking the Municipality for the strong written support for the Bill. Bill 156 received Royal assent on June 18, 2020. The Committee was thanked for their efforts in bringing this matter forward to Council.
Liaison Reports
Durham Agriculture Advisory Committee: No updates available. Alternative plans for the annual farm tour not yet announced.
Durham Region Federation of Agriculture: Richard provided an update from the June 23 DRFA meeting in his e-mail to all prior to the meeting. No further questions from Committee members. Farm and Food Care Ontario 2020 events all likely to be cancelled, with the potential exception of the Breakfast on the Farm events – release of program information pending.
Durham Farm Connections: Program and event cancellations continue. Celebrate Agriculture Gala deferred to 2021; alternative format for Celebrate Agriculture 2020 awards ceremony yet to be announced.
Clarington Board of Trade: Committee member Jennifer Knox re-elected as CBOT Board President and Kirk Kemp (Algoma Orchards) re-elected as Board Vice-President.
New Business
Municipal Ward Boundary Review: On June 24 the Municipality announced the start of a comprehensive Ward Boundary Review for Clarington. The Review will identify effective and equitable electoral ward boundaries for the 2022 municipal election and beyond. The current wards have been in place since 1996. A project engagement website is now available at www.clarington.net/WardBoundaryReview. An online survey is available until July 31. Four virtual public information centres are also being hosted in July. Dates and links to join the meetings online or via conference call are found on the project website. An interim report on the Review will be presented to Council in September. Further public consultation will take place this fall. A final report to Council is targeted for December 2020. The Committee discussed the importance of Clarington’s agricultural sector participating in the consultation for this project. Staff will confirm the consultation periods and the comments deadlines with the Project Team. The Review will be placed on the next meeting agenda for a more fulsome discussion by the Committee.
Agricultural Advisory Committee of Clarington July 9, 2020 Page 75
COVID-19 Financial Support Programs: As part of a comprehensive COVID-19 relief package, Clarington Council has approved funding to assist property owners, non-profit organizations and business owners who have been impacted by COVID-19. Council approved three separate financial support programs – COVID-19 Property Tax Relief Program (for business owners that pay residential tax); COVID-19 Community Improvement Program (for businesses to re-open); and COVID-19 Community Support (for not for profits). A website has been established to share information about all three programs, including eligibility criteria and application details, and is found at https://www.clarington.net/en/town-hall/covid-19-financial-support.asp. The Community Improvement Program will be developed over the summer for consideration by Council this fall. A pre-application form is now available (https://www.clarington.net/en/town-hall/resources/COVID-19-CIP-Grant-Pre- Application-Form.pdf) and will help shape the development of a Community Improvement Plan, including grant programs to support COVID-19 physical improvement projects. Businesses such as farm markets that have made physical alternations should apply.
Municipal Agriculture Annual Economic Development & Planning Forum: To be held November 18-19, 2020 and hosted by the Town of Goderich. Format not yet announced. Forum theme focused on agriculture sector and municipal government collaboration.
Region of Durham Woodland Conservation By-law: Region Staff have completed a supplemental review of the Region of Durham Woodland Conservation and Management By-law as requested by Regional Council in November 2019. A revised draft by-law has been approved by the Regional Planning and Economic Development Committee and will seek final ratification by Regional Council July 29, 2020. Regional Staff Report #2020-P-13 provides an overview of the revisions that have been made to the previous draft. These primarily serve to clarify definitions, achieving consistency with provincial definitions such as those in the Greenbelt Plan, and to more clearly describe both the application of the by-law and exemption from the by-law for agriculture and normal farm practices. Regional Staff presented the revisions to the Durham Agricultural Advisory Committee in March. DAAC did not express any concerns with the revised draft by-law.
High Speed Internet Deployment: Prior to the meeting, Staff circulated the Municipality’s announcement of the partnership established with Rapid Connex to fast- track the deployment of high-speed internet to underserviced rural areas. The three municipally owned properties that will be part of the first phase of tower construction are located in Tyrone, Kendal and Brownsville. Details on the public meeting to occur this summer will be forwarded to the Committee, once available.
Next Meeting
Thursday, August 20, 2020 @ 7:30 pm, location to be announced, we are looking to hold this physically distanced at an outdoor facility. Guest to be determined.
Agricultural Advisory Committee of Clarington July 9, 2020 Page 76
Future Agendas:
Pat Learmonth, Farms at Work Philip Lawrence, MP, Northumberland-Peterborough South Hon. Erin O’Toole, MP, Durham Region of Durham Works re: 2020 capital projects Clarington Engineering Services (Building Division) re: National Building Code changes for farm structures anticipated for 2020 (once the changes have been confirmed) Fairlife (Coca-Cola) Simon Gill, Durham Region Economic Development & Tourism re: an update on the Durham Region Agricultural Strategy and Durham Region Broadband Strategy
Agricultural Advisory Committee of Clarington July 9, 2020 Page 77
Agricultural Advisory Committee of Clarington Meeting
Thursday, August 20, 2020
Members Present: Eric Bowman John Cartwright Don Rickard Ted Watson Tom Barrie Henry Zekveld Richard Rekker Les Caswell Brenda Metcalf Councillor Zwart
Regrets: Jennifer Knox Ben Eastman Staff: Amy Burke, Faye Langmaid – Planning and Development Services Guests: Dr. Robert Williams, Watson & Associates; Allison Brown, Region of Durham Planning and Economic Development
Due to COVID 19 restrictions and to ensure social distancing, participation in the meeting was electronic (using Microsoft Teams) and by conference call.
Eric welcomed all to the meeting, with introductions.
Declarations of pecuniary interest
None.
Adoption of Agenda
020-17 Moved by John Cartwright, seconded by Richard Rekker That the Agenda for August 20, 2020 be adopted. Carried
Approval of Minutes
020-18 Moved by Tom Barrie, seconded by Henry Zekveld That the minutes of the July 9, 2020 meeting be approved. Carried
Agricultural Advisory Committee of Clarington August 20, 2020 Page 78
Presentation
Dr. Robert Williams, Watson & Associates - Municipality of Clarington Ward Boundary Review: Dr. Williams is a member of the Consultant Team retained by the Municipality of Clarington to undertake the Ward Boundary Review 2020 project. Clarington is reviewing its ward boundaries to ensure residents across the municipality are fairly represented by their chosen officials on Clarington Council. Dr. Williams explained that the existing ward boundaries have been in place since 1996 and the Municipality is looking for feedback from residents to help determine how these ward boundaries should change. Any changes would need to be approved by Council by December 2021 in order to be implemented by the next municipal election.
Dr. Williams provided an overview of the process. In advance of the meeting, Committee members had the opportunity to participate in the community feedback survey and Phase 1 Public Information Sessions, and to review the Phase 1 consultation video. Dr. Williams reviewed the range of considerations examined as part of a ward boundary review, including current population, forecasted growth, existing boundaries (e.g. major roadways, topographical divides), communities of interest. With respect to community engagement within wards, Dr. Williams explained the challenges with objectively and accurately measuring and gathering data on public engagement, which can also fluctuate significantly over time.
The Review considers if there are other ways to better address the needs of the community, ensuring balance and fairness. Dr. Williams clarified that it is beyond municipal jurisdiction to examine local / municipal boundaries, as is the composition of Regional Councillors. Further, while looking at the composition of local Council (i.e. the number of Councillors) was not in the original scope of the project, there has been significant feedback to date on this topic, which will be given consideration in the pending interim report to Council.
Committee members commented on some of the challenges they felt currently existed with the current system and fair representation for the agricultural sector and considered the potential pros and cons of Clarington’s rural area being a single ward. Dr. Williams explained that numerous options will be presented during the next round of consultation for feedback and exploration by the community. Committee members were encouraged to submit any other ideas they may have on potential ward boundaries to the Project Team.
An interim report on the Review will be presented to Council in September (tentatively Joint Committee - September 14). The Committee requested to be provided with a copy of the report, once available. Further public consultation will take place this fall. The Committee expressed interest to participate in consultation and provide feedback on the preliminary ward boundary alternatives. Project information and updates are available at www.clarington.net/WardBoundaryReview.
Delegations
None.
Agricultural Advisory Committee of Clarington August 20, 2020 Page 79
Business Arising from Minutes
On-Farm Special Events By-law: Second working group meeting held August 18, 2020. The meeting focused on the regulations proposed in the first draft of the new by- law, including number of events, frequency of events, event hours and number of guests. Participating Committee members commented that the discussions have been informative and valuable.
A third working group meeting is scheduled for September 22. This meeting will look at potential approaches for regulating on-farm special events, including licencing and site- specific zoning.
To learn more about the proposed rules, visit https://www.clarington.net/en/town- hall/proposed-on-farm-special-events-by-law.asp, email [email protected], or contact Duncan Anderson at 905-623-3379 ext. 2110.
Supporting Local Agriculture – Online Campaign: Promotional social media campaign and new webpage launched in early August. www.clarington.net/Agriculture provides a central page for agricultural resources. It includes information for residents looking to source local farm-fresh food. It also includes information for the local agricultural sector on employment opportunities, funding and financing, government websites and industry news. Committee members can send comments about the webpage and any additional or new agricultural resource links to Amy ([email protected]).
It was questioned whether individual farms could be listed within the “accessing locally grown food” section of the webpage. This section of the webpage is intended to provide a one-stop shop to the numerous forums / networks / organizations that have formed locally to support individual farms in listing and selling their products. Individual farms are encouraged to reach out to these forums / networks / organizations directly to have their farms added as vendor of locally grown food.
Correspondence, Council Items and Referrals
None.
Liaison Reports
Durham Agriculture Advisory Committee: Tom provided an update from the July 15 and August 18 DAAC meetings in his email to all prior to the meeting.
A virtual, invitation only event will be held on September 17 in place of the annual in- person farm tour. This virtual spotlight on agriculture in Durham Region will include a behind the scenes look at an egg laying barn and hog operation, both in Durham Region. Invitations were circulated to all members of Durham Region and local area Council, select Regional and municipal and staff, Agricultural Advisory Committee of Clarington members, and other past event participants and key stakeholders.
Agricultural Advisory Committee of Clarington August 20, 2020 Page 80
DAAC provided a letter of support for the Region of Durham’s application to the Improving Connectivity in Ontario Program (refer to New Business).
Durham Region Federation of Agriculture: Richard provided an update from the July 15 DRFA meeting in his email to all prior to the meeting. No further questions from Committee members.
DRFA provided a letter of support for the Region of Durham’s application to the Improving Connectivity in Ontario Program (refer to New Business).
Durham Farm Connections: Alternative format for Celebrate Agriculture 2020 awards ceremony in development. Award nominations now being accepted. Durham Farm Connections is searching for a new, clean and readily accessible storage location (approx. 10 x 20 feet) for their display / educational resources.
Clarington Board of Trade: New video with messages from local businesses promotion that Clarington is Open for Business recently released - https://youtu.be/CT388vxlT7c.
New Business
Region of Durham Application to the Improving Connectivity in Ontario Program: In response to a request received from the Region of Durham, a letter of support has been provided on behalf of the Committee to support their ICOP funding application. If successful, the grant would support the development of a Regional Broadband Network. The Region would contribute to building “middle-mile” infrastructure, making the network available for lease by the private sector.
Next Meeting
Thursday, October 8, 2020 @ 7:30 pm Location to be announced. We are looking to hold this physically distanced at an outdoor facility. Guest - Carolyn Novick, Fairlife
Agricultural Advisory Committee of Clarington August 20, 2020 Page 81 Clarington Accessibility Advisory Committee Minutes for the meeting of September 9, 2020, 6:30PM Via Microsoft Teams
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Present: Shea-Lea Latchford, Chair Sylvia Jaspers-Fayer, Vice-Chair Pinder DaSilva Councillor Janice Jones (until 7:00 p.m.) Deb Kalogris Sarah McConaghy Catherine McConaghy Marina Ross Tim Van Leeuwen
Also Present: Councillor Ron Hooper Erica Mittag, Community Development Coordinator
Absent: Sarah Taylor
The meeting was called to order at 6:03 p.m.
1. Review of Previous Meeting Minutes
1.1. The Members reviewed the meeting minutes from the March 4, 2020 meeting and the meeting notes from the June 3, 2020 meeting.
Moved by Deb Kalogris; seconded by Marina Ross Carried
2. Business Arising out of Previous Minutes
2.1. Request from Newcastle resident for additional accessible parking in Downtown Newcastle
Erica has followed up with Public Works on the status of this; will provide an update once received. 2.2. Community Diversity Survey results. Erica Mittag shared an overview of the results of a Community Diversity Survey, an initiative of Clarington’s Diversity Advisory Committee that was available November 2019. Highlights included:
Page 82 Clarington Accessibility Advisory Committee Meeting Minutes – September 9, 2020
• 141 responses • 60% identify as living in Bowmanville • 62% have lived in Clarington for over 11 years • Largest age demographic were ages 35 to 44 years • 50% indicated Clarington is a diverse community • 68% indicated Clarington is an inclusive community
The Diversity Advisory Committee is looking to re-launch the survey this fall.
2.3. Accessibility of Air Travel
Erica Mittag shared this issue with the regional Accessibility Coordinators. They stated they have not been involved in any advocacy on this front. They were unsure if it was in their Committee’s mandate to do so. Pinder DaSilva suggested accessibility is not a check box – if we only look at mandates created when the group was formed, then we are stuck in that moment. Tim Van Leeuwen indicated he had brought this issue forward to the local MP, Erin O’Toole’s office but received no resolution. Upon discussion, the Members felt an invitation to MPP Lindsey Park would be in order to share their concerns. TO DO: Erica will invite MPP Lindsey Park to a future AAC meeting. 2.4. Minute taking for meetings. At the June meeting, Pinder offered to take minutes; Deb also offered to assist with minutes when needed.
2.5 Active Transportation and Safe Roads Committee
Tim, Shea-Lea and Erica will be attending a meeting of this Committee to provide input and feedback for things to be considered in terms of accessibility when designing Clarington’s active trails, walking paths, bike paths, sidewalks. Councillor Jones indicated that the Committee is looking to think broader than just cycling paths so our input could be valuable.
2.6 Correspondence from Resident regarding Local Businesses A resident reached out to the Committee with a concern that the operating hours signage on local business storefronts is difficult to read from afar. It was discussed that while the Committee could not mandate signage, Councillor Hooper, who was a guest at the meeting and a member of the Bowmanville BIA, offered to share the concern at an upcoming BIA meeting. Pinder offered to provide a template for accessible signage to Councillor Hooper to share at the meeting as a reference. 2.7 Region of Durham Accessibility Award
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Page 83 Clarington Accessibility Advisory Committee Meeting Minutes – September 9, 2020
In light of COVID, the Region is hosting the annual accessibility forum virtually. They are requesting a nomination from each municipality. Nominees are due October 16, 2020. TO DO: Erica will re-share the nomination form and will include information about past years’ nominees. Members are to review and bring nominee suggestions to the October 7, 2020 meeting to select. 2.8 Durham Region Transit – On Demand Service Durham Region Transit (DRT) presented at a recent meeting of the Durham Accessibility Coordinators. DRT is moving to an on demand service in much of Clarington. Service will be extended from Oshawa through to Bowmanville along Highway 2. TO DO: Erica will invite a representative from Durham Region Transit to an upcoming meeting 2.9 Re-opening considerations As we re-open recreation facilities with new protocols and PPE, is there anything specific that should be considered from an accessibility perspective? Sylvia indicated that a lot of people rely on lip-reading, which is impacted by wearing a mask. Could look to options such as clear masks (which may fog up). A suggestion was made for staff to wear a button with their face on it to show who is behind the mask. This may help customers who have anxiety. 2.10 Service Ontario – Accessibility Issues during COVID. Challenges at the local Service Ontario outlet in Bowmanville have been amplified during COVID as people are required to line up outside to ensure physical distancing. There have been several concerns brought forward to the municipality. A meeting has been requested by the Municipal Clerk with the Manager of the private Service Ontario buildings to discuss their plan for accessibility, especially considering the winter months are approaching. Suggestions by Members included scheduling appointments, numbering system, share with MPP Park’s office for advocacy to the appropriate ministry. This could also be a topic for discussion when MPP Park is invited to an upcoming meeting. 2.11 Electric Vehicle (EV) Charging Stations Additional EV Charging Stations are coming to Clarington and are to be installed at the parking lot at Division and Church Street. Clarington’s Public Works Department consulted with the Accessibility Advisory Committee’s Site Plan Review subcommittee for recommendations. One of the charging stations was recommended to be designated as an accessible / charging station and to be designed as per AODA design standards. As well, accessibility was a strong consideration in the development of a draft EV policy for the municipality.
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Page 84 Clarington Accessibility Advisory Committee Meeting Minutes – September 9, 2020
3. Other Business
3.1. Representation on Ontario Business Improvement Area Association (OBIAA)
Councillor Hooper shared that he is representing the Bowmanville BIA to the OBIAA and has been asked to provide a listing about what specific businesses have done to support accessibility during COVID. For example, providing chairs outside of businesses for people to sit at the crosswalk location in front of Hooper’s Jewellers. As well, CIBC Bowmanville removed two of their cash machines to improve accessibility at the remaining two; they also handed out water bottles and provided canopies for people lined up outside in the heat and sun.
4. Adjournment
4.1 The meeting was adjourned at 7:42 p.m.
Moved by Sylvia Jaspers-Fayer; seconded by Sarah McConaghy
That the meeting be adjourned.
Carried
Next meeting Wednesday, October 7, 6:30 p.m. Via Microsoft Teams
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Page 85
Committee Report to Council
If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Report To: Council Report Number: GGR-012-20
Date of Meeting: September 21, 2020
Report Subject: Joint Committee Meeting of September 14, 2020 Recommendations:
1. Receive for Information
(a) PSD-030-20 Clarington Climate Action Plan
(b) CLD-014-20 Ward Boundary Review
(c) 10.1 Minutes of the Orono Business Improvement Area dated June 11, 2020
(d) 10.2 Minutes of the Newcastle Business Improvement Area dated July 9, 2020
(e) 10.4 Stephanie Allman, Regulatory Coordinator - Regulatory Affairs, Enbridge Gas Inc., Regarding 2021 Rate Application
(f) 10.5 Ralph Walton, Regional Clerk, Region of Durham, Regarding Durham Region's Response to Proposed Amendment 1 to A Place to Grow: Growth Plan for the Greater Golden Horseshoe and Proposed Land Needs Assessment Methodology for A Place to Grow
Page 86 Municipality of Clarington Page 2 Report GGR-012-20
(g) 10.6 Nando Iannicca, Regional Chair & Chief Executive Officer, Regional Municipality of Peel, Regarding National Active Transportation Strategy and COVID-19 Economic Stimulus Package
(h) 10.8 Memo from Ron Albright, Manager of Infrastructure, Regarding Scugog St./Bons Ave. - Bowmanville - Heightened Awareness of All-Way STOP Control Intersection
(i) 10.9 Memo from Gord Weir, Director of Emergency and Fire Services, Regarding Response to Resolution #GG-249-20 Questions to the Chief Regarding Volunteer Firefighters
(j) 10.10 Minutes of the Tyrone Community Hall Board dated January 15, 2020, February 19, 2020, May 22, 2020 and June 17, 2020
(k) 10.11 Memo from Ron Albright, Manager of Infrastructure, Regarding Flooding on Nash Road Update
(l) 11.5 Ralph Walton, Regional Clerk, Region of Durham, Regarding Dorsay Development Corporation's Request for a Minister's Zoning Order for Lands in Northeast Pickering and the Region's Municipal Comprehensive Review
(m) 11.9 Robin Crone, Regarding A Request for a By-law to Regulate Clothes Lines 2. Zoning By-law Amendment to Facilitate the Creation of One New Lot at 293 Townline Road North, Courtice
That Report PSD-028-20 be received; That the application to amend the Zoning By-law, submitted by Brent Foley, be approved and that the By-law contained in Attachment 1 to Report PSD-028-20 be passed; That, once all conditions of approval for the related consent application have been satisfied, the By-law authorizing the removal of the (H) Holding Symbol be approved; That the Durham Regional Planning and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PSD-028-20 and Council’s decision; and That all interested parties listed in Report PSD-028-20 and any delegations be advised of Council’s decision.
Page 87 Municipality of Clarington Page 3 Report GGR-012-20 3. Addition of Property to the Municipal Heritage Register; 1697 Highway 2, Courtice That Report PSD-029-20 be received; That demolition of 1697 Highway, Courtice 2 be granted, providing the contributions of Harry Gay and Gay Construction are acknowledged and interpreted in an alternate manner acceptable to the Clarington Heritage Committee and staff; and That all interested parties listed in Report PSD-029-20 and any delegations be advised of Council’s decision. 4. An Application by Goldmanco Inc. to Amend Sign By-law 2009-123 to Permit a Monolith Sign Along Highway 2 at the Courtice Urban Centre Development That Report PSD-031-20 be received; That the amendment to the Municipality of Clarington Sign By-law 2009-123, be approved and that the By-law, contained in Attachment 1 to Report PSD-031-20 be approved with the elimination of the sign at northwest corner; and That all interested parties listed in Report PSD-031-20 and any delegations be advised of Council’s decision. 5. Mary Medeiros, City Clerk, City of Oshawa, Regarding COVID-19 Funding
That the following resolution from, the City of Oshawa, regarding COVID-19 Funding, be endorsed by the Municipality of Clarington: Whereas on March 11, 2020, the World Health Organization and the Canadian Government declared COVID-19 a global pandemic; Whereas on March 12, Ontario ordered schools closed and by March 17, began a more extensive shut down; Whereas the pandemic has led to the closure of public spaces and the cancellation of events around the world throughout the country our province and right here within our own community, causing great stress on the arts sector; Whereas local cultural organizations such as the Oshawa Folk Arts Council representing over 13 member clubs and organizations, as well as the many local service groups such as the Oshawa Rotary Club, have all been forced to cancel major events (i.e. Fiesta Week; Rib Fest; etc.) which historically contribute in large part to the fundraising and operational financing efforts of these sociocultural entities;
Page 88 Municipality of Clarington Page 4 Report GGR-012-20 Whereas the Government of Canada and the Province of Ontario have committed they through the Canada Council for the Arts will continue to work with the Government of Canada, as well as provincial, territorial, and municipal partners, to ensure the strength of the sector; Whereas at present, the Canada Council’s for the arts priorities as are our collective governing priorities are to ensure the health and safety of people across Canada and around the world and to work towards the sustainability and recoverability of the arts sector; and Whereas a significant period has passed without further indication as to what tools, funding measures, or financial support our local social cultural, service clubs, and children/youth minor sporting originations can readily access to help support their operating costs and programming. Now Therefore Be It Resolved: That the Federal, Provincial, and Regional Government help local municipalities assist their local social cultural, service clubs, and children/youth minor sporting originations with clear and definitive relief funding programs directed to help sustain the afore mention groups through these trying times inflected on them by the effects of COVID-19; and That a copy of this resolution be sent to the Prime Minister of Canada, the Premier of Ontario, all Members of Provincial Parliament, all Members of Parliament and Association of Municipalities of Ontario and Federation of Canadian Municipalities.
6. Ralph Walton, Regional Clerk, Region of Durham, Regarding Reconvening the Body-Worn Camera (BWC) Team
That the following resolution from the Region of Durham, regarding Reconvening the Body-Warn Camera (BWC) Team, be endorsed by the Municipality of Clarington: Whereas Body-Worn Cameras (BWC) have been adopted by a growing number of police services across the country and the world; widely seen as a real benefit to public trust, transparency, accountability and accuracy, and have been useful in determining what exactly has taken place during confrontations between officers and civilians, aiding in building positive relations with the communities they serve; Whereas recent hate-filled and brutal displays of anti-Black racism have resulted in preventable deaths and revived community outcry for more oversight and accountability for officers and police services; Whereas on June 17, 2020 the Parliamentary Black Caucus urged all levels of government to act immediately to eliminate the barriers to access to justice and public security for Black Canadians and Indigenous people, including requiring all on-duty police officers in contact with the public to wear BWCs;
Page 89 Municipality of Clarington Page 5 Report GGR-012-20 Whereas Toronto Police Chief Mark Saunders has said he will fast track body cameras for all front-line officers within the Toronto Police Service (TPS) due to recent events; Whereas Durham Regional Police Service (DRPS) conducted a year-long BWC pilot from June 2018 to June of 2019, using officers from two units in West Division, Regional Traffic Enforcement and members from the Festive R.I.D.E team; Whereas approximately 80 officers were outfitted with cameras during the pilot, resulting in 26,600 videos being collected - of which 52 per cent were categorized as evidence and about 30 per cent have been or will be used in criminal and provincial offences trials - and the project manager has said that “I don’t think we’ve seen very much resistance at all - and the officers fairly quickly got comfortable with the technology”, yet no formal recommendations or go-forward plans have been presented to DRPS Board; and Whereas on April 21, 2020, DRPS informed their Board that the BWC study was on hold due to the pandemic, and all officers were sent back to their original deployments, further delaying a decision; Now therefore be it resolved that to be responsive to the needs of our community, the Durham Regional Police Services Board (‘Board’) be requested to reconvene the Body-Worn Camera (BWC) team effective immediately; That Regional Council request the DRPS Police Services Board, at the earliest possible opportunity, to consider BWC implementation, which shall include funding requirements to start phasing in the procurement and outfitting of front-line officers with cameras to eliminate subjectivity in civilian and police interactions; That Regional Council requests the Board present a delegation to Regional Council by September 2020, or as soon thereafter as is reasonably possible, including a timeline and budget to address this need at the earliest opportunity; That the presentation include an update by the Board regarding the DRPS officer training plan, addressing how officers are trained to handle mental health distress and de-escalation techniques, specifically within the Black and Indigenous community; and That this motion be circulated to the DRPS Board, and all Durham municipalities. 7. Sarah Delicate, President, United Shoreline Ontario (USO), Regarding Stimulus Funding for Shore Line Resilience Movement
That the Municipality of Clarington joins with more than 100 mayors and other municipal leaders convened by the Great Lakes and St. Lawrence Cities Initiative to call for continued action to protect 20 percent of the world’s fresh surface water and the drinking water source for 40 million people; and Page 90 Municipality of Clarington Page 6 Report GGR-012-20 That the Municipality urges its Provincial and Federal Governments to support additional economic stimulus efforts focused on water resource priorities, including: $7 billion in stimulus funding over the next two construction season to address $3 billion water infrastructure projects $2 billion for shoreline protection projects in the Great lakes and St Lawrence $2 billion to address disaster preparation and flood mapping That the citizens of the Municipality of Clarington appreciate the Government of Canada’s support provided so far to respond to the COVID-19 pandemic and urge further action to ensure a quick and complete economic recovery while addressing urgent needs to rebuild our water infrastructure and protect our shoreline areas. 8. Stasia Carr, Clerk, Town of Gore Bay, Regarding Support of OPP Diversity Training
That the following resolution from the Town of Gore Bay, regarding Support of OPP Diversity Training, be endorsed by the Municipality of Clarington: Whereas the Town of Orangeville is requesting support of their motion regarding OPP Diversity Training; And whereas they are concerned that although the OPP have indicated they have a comprehensive diversity training program, there may not be the same resources available throughout the province detachments; And whereas there is public concern regarding the use of force, such as neck restraints and oversight; Now therefore be it resolved that the Town of Gore Bay supports the Town of Orangeville in their efforts to encourage common training requirements to all members of the Ontario Provincial Police Force and they be so advised; and That this motion be sent to the Solicitor General's Office. 9. Judy Smith, Director of Municipal Governance, Clerk/Freedom of Information Coordinator, Municipality of Chatham-Kent, Regarding Emancipation Day
That the following resolution from the Municipality of Chatham-Kent, regarding Emancipation Day, be endorsed by the Municipality of Clarington: That the Municipality of Chatham-Kent acknowledges and supports the following Private Members Bill put forward by Majid Jowhari; M-36, Emancipation Day, 43rd Parliament, 1st Session that reads as follows: That the House recognized that:
Page 91 Municipality of Clarington Page 7 Report GGR-012-20 a. The British Parliament abolished slavery in the British Empire as of August 1, 1834 b. Slavery existed in the British North America prior to is abolition in 1834 c. Abolitionists and others who struggled against slavery, including those who arrived in Upper and Lower Canada by the Underground Railroad, have historically celebrated August 1, as Emancipation Day d. The Government of Canada announced on January 20, 2018 that it would officially recognize the United Nations International Decade for People of African Descent to highlight the important contributions that people of African Descent have made to Canadian Society, and to provide a platform for conforming anti-black racism; and e. The heritage of Canada's people of African descent and the contributions they have made and continue to make to Canada; and that in the opinion of the House, the government should designate August 1 of every year as "Emancipation Day" in Canada That support for this motion is sent to our Member of Parliament and all House of Commons representatives. 10. Susan Cassell, City Clerk, City of Pickering, Regarding Call to Action (Public Inquiry) - Second Request
That the following resolution from the City of Pickering, regarding Call to Action (Public Inquiry) - Second Request, be endorsed by the Municipality of Clarington: That Corr. 28-20, dated May 29, 2020, from the Families of Orchard Villa, regarding a Call To Action (Public Inquiry) - Second Request – Urgent, be endorsed; and That a copy of this Resolution be forwarded to the Premier of Ontario, the Lieutenant Governor, Durham MPPs, Opposition Leaders, the Regional Municipality of Durham, and Durham Region municipalities.
Page 92 Municipality of Clarington Page 8 Report GGR-012-20 11. Tammy Fowkes, Deputy Clerk, Town of Amherstburg, Regarding Long Term Care Home Improvements
That the following resolution from the Town of Amherstburg, regarding Long Term Care Home Improvements, be endorsed by the Municipality of Clarington: That, due to the deplorable conditions exposed by the pandemic in LTC homes in the province, and because this is a time for action, not just continuous streams of investigations, commissions and committees, and because the problems have been clearly identified, that Sarnia City Council direct staff to send this motion to the 444 Ontario Municipalities, asking them to urge Premier Ford to start implementing the required resolutions immediately, as follows: 1. increasing hours for all part-time and casual labour 2. since the government provides funding for privately-operated homes, they have an obligation to inspect these homes and see that they are being properly run, and that funds are being used for the benefit of the residents and not the huge profitability of the operators, and 3. to end the neglect and unacceptable conditions being experienced, each day, by our vulnerable seniors. 12. D an Carter, Mayor, City of Oshawa, Containing Letters to the Prime Minister and John Henry, Regional Chair, Regarding Mental Health for Police Services
That the Correspondence item 11.12 from Dan Carter, Mayor, City of Oshawa, regarding mental Health for Police Services, be endorsed by the Municipality of Clarington.
Page 93 Municipality of Clarington Page 9 Report GGR-012-20 13. Correspondence Item 11.17, Memo from Anne Greentree, Municipal Clerk, Regarding Appointment of Department Liaisons- Change Departments That the Members of Council be designated as a Department Liaison as follows:
Planning & Development Department Councillor Anderson
Public Works Department Councillor Hooper
Emergency Services Department Councillor Margaret Zwart
Community Services Department Councillor Corinna Traill
Legislative Services Department Councillor Jones
Finance Department Councillor Neal
Corporate Services &Administration Mayor Adrian Foster
That this matter be reviewed at the November 30, 2020 General Government Committee meeting. 14. Remote Meeting Participation Legislation – Allowing All Members to be Remote (Bill 197 enacted as the COVID-19 Economic Recovery Act, 2020)
That Report CLD-012-20 be received; That electronic participation in closed session for Council and Committee meetings at any time (not just during emergency periods) be approved; That, as per the new provisions set out in the Municipal Act, 2001, those members participating electronically in a meeting, be counted towards quorum; That the By-law attached to Report CLD-012-20, as Attachment 1, amending the Procedural By-law to allow for electronic participation in closed session at Council and Committee meetings, and to provide that those participating count towards quorum, be approved; and That all interested parties, and any delegations, be advised of Council’s decision. 15. 2020 – 2021 Insurance Report
That Report FND-027-20 be received;
Page 94 Municipality of Clarington Page 10 Report GGR-012-20 That the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages and common self-retention deductible levels for the period July 1, 2020 to June 30, 2021, at a cost to Clarington of $928,287 be confirmed; and That the purchase of cyber liability coverage through the Frank Cowan Company at a cost of $20,000 be confirmed. 16. BILD COVID19 Recommendations
That Report FND-028-20 be received; and That all interested parties listed in Report FND-028-20 and any delegations be advised of Council’s decision. 17. 2021 Budget Guidelines and Update
That Report FND-030-20 be received; That Staff prepare a draft budget with a target municipal increase of 3.55 per cent; That Staff include within the draft budget requests for funding from external agencies up to a maximum limit of 1.80 per cent; That the 2021 budget schedule, as outlined within the report, be approved; That Staff develop a Determination of User Fee Revenue Policy, and review the current user fees charged by the Municipality to determine if they are appropriate; and That all interested parties listed in Report FND-030-20, and any delegations be advised of Council's decision. 18. Diversity in Clarington
Whereas the Municipality of Clarington engages with its Diversity Advisory Committee on matters surrounding diversity in the community; Whereas on June 9, 2020, the Municipality of Clarington along with its Diversity Advisory Committee released a joint statement condemning racism and discrimination; Whereas Clarington is an employer partner of the Canadian Centre for Diversity and Inclusion to support its employees; Now therefore be it resolved that $20,000 be allocated from the Tax Rate Stabilization Fund to support the work of Clarington’s Diversity Advisory Committee to fund the development of its strategic plan as it supports the Municipality of Clarington in the fight against anti-Black racism and all forms of racism; and That Clarington’s Diversity Advisory Committee report back to Council, through staff, with updates on the development of the strategic plan.
Page 95
Corporate Report Report from Legal and Clerks Services, Office of the City Clerk
Date of Report: November 15, 2016 Date of Meeting: December 5, 2016
Report Number: LCS-329-2016 File: 10.13.99
Subject: Frivolous, Vexatious and Vindictive By-law Enforcement Complaints
Recommendation That Council direct staff to prepare a by-law for the City of St. Catharines for the enforcement of City by-laws; and
That this by-law define ‘frivolous and vexatious’ complaints, delegating appropriate authority to the Director for oversight; and
That the by-law contain a definition of what constitutes a pattern of conduct; and
Further that the City Solicitor prepare the necessary by-law. FORTHWITH Summary This report contains information related to frivolous and vexatious by-law complaints and provides a recommendation for Council’s consideration.
Background At its November 7, 2016 meeting, the following motion was moved by Councillor Elliott, and passed by Council:
“WHEREAS investigations relating to the enforcement of City By-laws are largely done on a complaint basis; and WHEREAS this enforcement policy relies on complaints being brought by impacted residents; and WHEREAS currently complaints regarding by-law infractions are investigated by staff depending on available resources; and WHEREAS from time to time complaints are made that are frivolous, vexatious and/or vindictive; THEREFORE BE IT RESOLVED that the appropriate department Director be hereby delegated the authority to decline to pursue any complaint(s) that are determined to be frivolous, vexatious, vindictive or in excess of staff resources; and
Report Page 1 of 5 Page 96
BE IT FURTHER RESOLVED that if the complaint is not directly affected by the infraction, then the infraction would be considered to be frivolous which does not preclude a complaint by a neighbour to be considered frivolous. FORTHWITH”
The above noted motion was referred to the Parking and Property Standards By-law Enforcement Task Force for their consideration. Council asked the Task Force to bring back a report with implications, options and alternatives for Council’s consideration.
Staff met following the Council meeting to discuss the intent of the motion and the approach that staff presently follow when dealing with frivolous and vexatious complaints; and how any changes to the process could be handled internally along with any necessary changes to the by-law.
The Task Force was provided information from staff, and met to discuss the motion and passed the following motion:
Moved by: Councillor Harris
“That the Parking and Property Standards By-law Enforcement Review Task Force request that Council direct staff to prepare a report for consideration; and
That the report include comparative municipalities and implementation of a process to address frivolous complaints along with an appeal process.”
Report Staff reviewed the comparator municipalities. Attached to this report as Appendix 1, is a chart that reflects responses to the following questions:
1) Do you have a by-law enforcement policy? 2) Do you take into consideration frivolous and vexatious complaints when prioritizing enforcement? 3) How does your municipality handle complaints that are anonymous?
Council will note that apart from Kitchener and Oshawa no by-law enforcement policy and procedure exists. Cambridge and Kingston have not responded, at the time of writing this report.
At the request of the Task Force, while not an approved comparator municipality, staff have obtained copies of the two policies and in addition have also reviewed the policy that is in place in Mississauga.
Generally speaking, staff in our comparator municipalities deal with all complaints until such a time they are considered frivolous and/or vexatious. When a complaint is on-going staff will ask management if the issue can be deemed a complaint that should be filtered taking into consideration the staff resources and the validity of the actual complaint.
Report Page 2 of 5 Page 97
With respect to anonymous complaints apart from Thunder Bay and Niagara Falls, staff do take anonymous complaints. Although all municipalities encourage the public to provide as much information as possible when submitting their complaints, staff reported that they do respond to them.
City of St. Catharines Historically the City of St. Catharines reviews every complaint that is submitted to the departments. In the past year there have been circumstances that have warranted a review of the history to consider if a complaint is frivolous or vexatious. Staff are often put in the middle of a dispute between neighbours and when the complaint is first received staff do not necessarily know the circumstances surrounding the actual complaint. Once this history is established, staff are in a better position to determine the appropriate course of action, if any. Once a complaint is determined frivolous or vexatious staff may be directed not to respond. In these instances the manager would reach out to the complainant and advise them of no further action.
Presently the City of St. Catharines does not have a written policy on by-law enforcement. The City does however have a standard practice in place to review each complaint for its validity. In order for a complaint to be considered frivolous or vexatious there would need to be a history associated with the property complaint or complainant. This is not a common occurrence as staff must consider each and every complaint that comes in to determine its merit.
Best Practices The City of Oshawa has enacted a separate by-law, which contains as follows:
“Being a by-law to establish a transparent, consistent, fair, unbiased, and effective process for the enforcement and prosecution of alleged contraventions of municipal standards.”
Within this same by-law there are specifically defined roles and directions,
“4. Officers may, subject to the Director’s directions:
….4.4 conclude investigations by making one of the following determinations:
… (c) the complaint is trivial, frivolous, vexatious or made in bad faith;”
This by-law is a good example of a best practice that is clear, concise and easy for staff to read, understand and follow. This by-law is attached as Appendix 2, for Council’s information and consideration. It does not have a specific definition of what is ‘frivolous’ or ‘vexatious’. The City of Mississauga has a definition in their policy.
City of Mississauga The City of Mississauga has an all-encompassing Corporate Policy – Staff Procedure for Handling Frivolous and Vexatious Complaints. The report and policy was
Report Page 3 of 5 Page 98 enacted in 2014. Mississauga undertook a municipal review to address the overall issue of investigating and responding to frivolous and vexatious complaints as it was believed these consumed a disproportionate amount of City time and resources and impedes staff’s ability to attend to other essential issues. The report and policy outlines a procedure for the handling of these complaints in order to “minimize the inefficient use of City resources while still maintaining a high level of customer service and responsiveness to City taxpayers.”
The policy includes by-law complaints and excludes complaints against city staff or code of conduct complaints. The policy provides a definition for frivolous and vexatious which is “the complaint is initiated with the intent to embarrass or annoy the recipient, or is part of a pattern of conduct by the complainant that amounts to an abuse of the complaints process.” And further it goes on to define “what constitutes a pattern of conduct”. “A “pattern of conduct” occurs when, on three or more occasions, a complainant engages in one or more” of specific behaviours as defined in the policy, attached as Appendix 3.
There are several more examples of what cities are doing to handle these types of complaints. Of the cities reviewed staff suggest that Oshawa and Mississauga were best practices for Council’s consideration and that best examples from both could be drafted into an enforcement by-law for the City of St. Catharines.
Financial Implications While there is no financial impact to the City, adoption of a by-law or corporate policy may result in a more effective and efficient use of staff resources as less time may be spent by staff investigating and responding to complaints of a frivolous and vexatious nature.
Conclusion Investigating and responding to frivolous and vexatious complaints consumes a disproportionate amount of City time and resources and impedes staff’s ability to attend to other essential issues.
It is staff’s recommendation at this time, that Council direct staff to prepare a by-law similar to the one from the City of Oshawa, attached as Appendix 2 which provides a concise framework for by-law enforcement and clearly defines and provides direction regarding the enforcement frivolous and vexatious complaints. And that this by-law include a definition of what constitutes a pattern of conduct similar to the Corporate Policy and Procedure attached to this report from the City of Mississauga.
Staff believe that an appeal process for these complaints should not be addressed within this by-law as it would consume much of the City’s time and resources to process. Given there are no examples of an appeal process with respect to ‘frivolous and vexatious’ complaints staff are not sure what an appeal process would look like or
Report Page 4 of 5 Page 99 whom it would be appealed to.....a Commissioner or CAO or Council? An appeal of this process contradicts the apparent need for this by-law/policy in the first place. Does the Director have the authority or not? If Council wishes that an appeal process be established staff work will bring back an appeal process with the new draft by-law.
Prepared by & Submitted by: Bonnie Nistico-Dunk, City Clerk
Approved by: Heather Salter, Interim Director Legal and Clerks Services, City Solicitor
Report Page 5 of 5 Page 100
By-law Enforcement Municipality Vexatious and Frivolous Complaints Anonymous Complaints Policy? 1 Staff deals with all complaints, but encourages the public to provide Welland No All complaints are dealt with to the best of Staff's ability. as much information as possible when submitting complaints. Staff deal with all complaints. Currently looking to change policy Thorold No so that Staff members do not have to deal with complaints At the moment, Staff members answer all anonymous complaints. submitted without adequate information. The Senior Officer reviews anonymous complaints and decides No policy that prevents officers from dealing with complaints they whether or not they will be dealt with. It is up to the discretion of Barrie No deem to be vexatious or frivolous. staff, but the City has no formal policy related to anonymous complaints. No formal policy. If it gets to the point where Staff thinks there is a vexatious or frivolous complaint it is brought to management and Guelph No Staff answers anonymous complaints. there is department wide notice to ignore complaints from the address/person. No formal policy. Deal with all complaints until the Manager Staff do not take anonymous complaints unless a council member is Thunder Bay No deems complaints to be vexatious or frivolous. At which point, willing to associate with the complaint and direct staff to deal with it. Staff are instructed to ignore complaints for a certain address. Calls are filtered through the 311 line, which determines if complaints are valid. Where there is a question of the validity of a Windsor No Answers all anonymous complaints complaint, staff let the legal department make the final call as to whether or not the complaint will be investigated. There must be a history of vexatious and frivolous complaints Kitchener answers anonymous complaints for everything but Kitchener Yes before Staff can ignore a complaint. property standards or zoning. Calls are filtered through the phone line. No policy exists, as they Niagara Falls No Niagara Falls does not take anonymous complaints. do not typically receive vexatious or frivolous complaints. Yes Oshawa http://www.oshawa.ca The City is allowed to dismiss frivolous and vexatious complaints. /uploads/16/Enforcem Officers do not have to investigate complaints that are considered Waterloo No Answers all anonymous complaints trivial, frivolous, vexatious or those made in bad faith.
14-Nov-16
Page 101 `~ ^~Oshawa~ 2 By-law 92-2014 of The Corporation of the City of Oshawa
Being a by-law to establish a transparent, consistent, fair, unbiased, and effective process for the enforcement and prosecution of alleged contraventions of municipal standards.
Whereas
1. Under the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "AcY'), municipalities can specify when a contravention of a by-law is an offence, establish a system of fines for offences under by-laws, establish systems of administrative penalties and exercise other enforcement powers.
2. The City of Oshawa administers, enforces, and prosecutes alleged contraventions of its by-laws and other applicable provincial legislation within its mandate.
3. The goal of the City's enforcement activities is compliance with standards established by the City's by-laws and applicable provincial legislation employing the most efficient and effective means.
4. Prosecutors have the responsibility to ensure that every prosecution is carried out in a manner that is fair, dispassionate and moderate, consistent with the public interest, and that shows no signs of partisanship. As a fundamental principle, prosecutors must carry out their responsibilities independent of any partisan political influences.
5. Council considers it appropriate to ensure the proper administration of justice, to respect the roles of Council members, complainants, staff investigators and prosecutors in the administration, enforcement and prosecution of alleged contraventions of municipal by- laws and other applicable provincial legislation, and to ensure that such investigations and prosecutions occur in a fair and unbiased way, free from any improper influence or interference.
Now therefore the Council of The Corporation of the City of Oshawa enacts as follows:
Interpretation
1. In this By-law:
1.1. "By-law" means this by-law and any schedule to this by-law as they may from time to time be amended;
1.2. "City' means The Corporation of the City of Oshawa;
1.3. "Council" means the City's Council;
1.4. "Director" means
(a) in relation to enforcement under the Fire Protection and Prevention Act, 1997, SO 1997, c 4, as amended, the City's Fire Chief or the City's Chief Fire Prevention Officer;
(b) in relation to enforcement under the Building Code Act, 1992, SO 1992, c 23, as amended, the City's Chief Building Official; and
(c) in relation to all other enforcement by or on behalf of the City, the City's Director, Municipal Law Enforcement and Licensing Services or the City's Manager, Municipal Law Enforcement Services;
1.5. "Municipal Standard" means a standard established by by-law of Council or by provincial legislation for which the by-law or legislation, as applicable, provides that contravention of the standard is an offence or otherwise provides for enforcement of the standard;
Page 102 z
1.6. "Officer" means each of
(a) the Director;
(b) a person appointed by or under the authority of a City by-law to enforce a Municipal Standard; and
(c) a police officer employed by a municipal police force, by the Ontario Provincial Police or by the Royal Canadian Mounted Police;
1.7. "Prosecutor" means a person from time to time performing the function of prosecuting an alleged contravention of a Municipal Standard, including before a court or tribunal.
Roles
2. Members of the public and individual members of Council may:
2.1. make complaints to the City regarding alleged contraventions of Municipal Standards; and
2.2. be summonsed to testify before a court or tribunal in the prosecution of an alleged contravention of a Municipal Standard.
3. Council may:
3.1. from time to time establish, amend and repeal Municipal Standards that are governed by by-law of Council;
3.2, establish the budget for and policies related to the enforcement of Municipal Standards; and
3.3. at meetings of Council or of one its Standing Committees, ask questions of, and receive information from, the Director on general questions relating to the enforcement of Municipal Standards.
4. Officers may, subject to the Director's directions:
4.1. receive complaints regarding alleged contraventions of Municipal Standards;
4.2. screen complaints to determine if the subject matter of the allegations) falls within their jurisdiction;
4.3. undertake investigations into alleged contraventions of Municipal Standards either in response to complaints or proactively;
4.4. conclude investigations by making one of the following determinations:
(a) there is insufficient evidence to proceed with enforcement in response to the complaint;
(b) the Municipal Standard the subject of the complaint has been brought into compliance;
(c) the complaint is trivial, frivolous, vexatious or made in bad faith; or
(d) the matter the subject of the complaint should be enforced; and
4.5. for such matters for which a determination has been made pursuant to paragraph 4.4(d), cause to be undertaken enforcement by such means as may result in compliance with the Municipal Standard as efficiently and effectively as possible including, as applicable, by:
(a) request;
(b) administrative order;
(c) municipal remedial work; Page 103 (d) administrative penalty;
(e) commencing a proceeding under Parts I or II of the Provincial Offences Act;
(fl referral to Legal Services for prosecution under Part III of the Provincial Offences Act; and
(g) referral to Legal Services for applicable relief by way of action or application in the Superior Court of Justice.
5. Prosecutors may, subject to the City Solicitor's directions:
5.1. screen referrals for prosecution to determine whether there is a reasonable prospect of conviction or whether the prosecution of the alleged contravention of the Municipal Standard is in the public interest;
5.2. initiate prosecutions of alleged contraventions of Municipal Standards;
5.3. attend and conduct motions, trials, appeals and hearings before courts or tribunals related to prosecutions of alleged contraventions of Municipal Standards;
5.4. enter into resolution discussions, negotiations and agreements; and
5.5. withdraw prosecutions where there is no longer a reasonable prospect of conviction, where it is in the public interest to do so or where a withdrawal furthers the administration of justice.
Investigations
6. All investigations and enforcement respecting alleged contraventions of Municipal Standards shall be undertaken on a case-by-case basis, pursuant to any directions of the Director, with regard to the evidence, with a view to compliance with Municipal Standards by the most efficient and effective means and independently of political or other external influences.
7. Officers will act on complaints as quickly as reasonably possible and undertake their investigations diligently, fairly, and in a manner that is consistent with the public interest and any direction of the Director.
8. Officers shall not disclose any confidential information including personal information gained in the execution of their duties except as required for prosecution purposes or otherwise in accordance with law.
9. Officers shall not accept a fee, gift, or personal benefit, except compensation authorized by law, which is connected directly or indirectly with the performance of his or her duties.
10. Each Officer shall disclose to the Officer's Director any attempt at improper influence or interference, financial, political or otherwise, respecting the Officer's performance of his or her duties.
11. Each Officer who is contacted by a member of Council with respect to an outstanding complaint or investigation matter, other than a complaint made by or against the Council member or in which the Council member is a witness, shall immediately disclose such contact to the Officer's Director.
12. Each Director shall disclose to the City Solicitor the particulars of each report provided to the Director pursuant to sections 10 and 11. The City Solicitor may report the particulars to Council.
13. Each Officer shall disclose any actual or reasonably perceived conflict of interest as soon as possible to the Officer's Director.
14. No action shall be taken against an Officer, Director or the City Solicitor, as the case may be, who discloses or reports in good faith pursuant to sections 10, 11, 12 or 13.
Page 104 4
Prosecutions
15. Prosecutors shall ensure that each prosecution is carried out in a manner that is fair, dispassionate and moderate, consistent with the public interest and independent of political or other external influences.
16. Prosecutors shall not disclose information that is gained in the execution of his or her office and is not available to the public, except in accordance with law. Prosecutors shall not use such information to further or seek to further his or her financial, political, or personal interest.
17. Prosecutors shall not accept a fee, gift or personal benefit, except compensation authorized by law, which is connected directly or indirectly with the performance of his or her duties.
18. Prosecutors shall not act or be directly or indirectly involved as counsel or agent for any other person in respect of any offence charged against the other person under a Municipal Standard.
19. Prosecutors shall disclose to the City Solicitor any attempt at improper influence or interterence, financial, political or othennrise, respecting the Prosecutor's performance of his or her duties.
20. Prosecutors who are contacted by a member of Council with respect to a prosecution matter shall immediately disclose such contact to the City Solicitor.
21. Prosecutors shall disclose to the City Solicitor any actual or reasonably perceived conflict of interest as soon as possible.
22. The City Solicitor may report to Council the particulars of any disclosure made pursuant to sections 19, 20 or 21.
23. No action shall be taken against a Prosecutor or the City Solicitor, as the case may be, who discloses or reports in good faith pursuant to sections 19, 20, 21 or 22.
General
24. The Director shall report periodically through the applicable Standing Committee of Council respecting the efficiency and effectiveness of enforcement activities for which the Director is responsible.
25. Nothing in this By-law limits the City's right to enforce its by-laws by any and all legal means.
26. The short title of this By-law is the "Enforcement By-law".
By-law passed this twenty-third day of June, 2014.
Mayor City Clerk
Page 105 3
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SLC,TION: I'R()~~151(.)N C)r (.I'1'Y SF1tVlC,T~S
SUBJECT: S"CA1~F PIt()Gf?llUit~: f~t)It ~-lANUL1Nt~ 1'RIVULUUS ANI) VE3~A'1'IOlJS COIviPL~lfN`['S
YpL1.t.;Y ST'A'I'T?M£iN`I' 'C'Iae C:9ty of Missisgtiugt~, in ucc~rclAnce with ils values of lrusl, c~uatity and cxce;lieuce, s~~ks tip ~y,•~~-ide cxe+nptary setroice to all metiiUers iif ilie.ptiblic ~uiil resolve Gbtnpl~ii~ta i~~ ti lin~eiy maruier.
3'URi'USE C;omplaiuts ~vhicli, S(:UI'I~. ~'1'~i~ staff ~aibcs~ss for foie laauci.ling of-I?rivalaus nncl Vexatious cniii~~laintS 8j7j7.f1CS.tt.'COltl(7Ic1~lIl1S;0t' e~pz'~SSIb1lS OF CQIICEC112'CIA1Cd i~~ 1~y=1~t~vs, pali~ies; ~n~uceclures, ~i~cl ~~ules uc regulFil1C111S 1I11Eli1lLCI it~rougli any zvcnue ,►yuilable to tl~e ~~ubiic .i~►• subn~ittin~ ~uui~jilainrs:t~.tiie C`ity,, Wll~l CI1C L\CLE)lil?Il grtll('. CXCltl~i(H]S i](3fC(I ~)L`~01.~'. l~xcltisioi~.~`: ',;~'!us palic}~: does not t~~~ply tc~ complaints abo~it City stAft: I~nr e ii»~al~irtrs'rel~teci to Cily staff r4fe~• to the applic~l~le Cor~~ozate Pi~liey Arid Aracedu~•e - Humnn Resotu'ces - "Public C~iz~pl~ints Pi~ciccdi~re„ or "c~ae nr'c~~a«~~ ~~d c;o~n~~laiut Prncedua~e for ~:~Seaurity Staff". Complaints involving elected ofCcials slioeild be i'vrwai~cicd to the Il11C~!'1ly Cf}t11t111SB10ttCt•, a~apainteti tuacicr the Gnw~cil C:crrlc of ~,'a~Tcltu.4. IZeltited ['oJicics The Ciry ol'Mississauga is coEnniitted to ensuring a clin~nte of Page 106 Noicy No. /~~ y~~~~~ ~~ MISSISSAUGA 04 ~~ QO V l Page t'it~c:1 tf1`'/ ~~~j4~ ~~~ Effective Date ~~ ~'~d'~~~a ~~I4! i ~ Supersedes wulerstFmcliitg anti mutual respect quid to providins fl safe workplHce, free front Nuy form of disc~'litlipfl~lnii, ht~rasyriaent, b~{ilyiug ~r actutil, f~fteu~ptcd or tlu~etttei3ect ~~ialence. Cocpox~7id I'oticy and Pracedui'E - C-~t1it]Atl kO:101it~ees -- Res~ectfiil Wocicpiucc nnc! Coipoa'~te Policy ~ncl I'rue;eciu~~e — I•iumttn Resources — Work{lace Violence detail tl~e steps ~vflilaU3e to tlxe City to answ~~ fh~t ~t resp~ctfi~l end s~i~c work~S~ee is rc:st~ircct And maintained. f1Ct'UtJNTAL;Il..17'Y Directors anci mnnabers/sujiery sut:s are responsible Cn~• ensurin6 that relevant staff are ~nvai~e of anal t~~ained nn this policy n~id any accompanying ~uidc:lines r~n~1 protocols, 1~$CINITiUNS I'or ihE purpose o!'this r~c~licy: I~riv~lous or Vexnti~us "rrivolous o~• Vexatious".ii,rA~3s:tl3e coaitplainl is.ii~itiatcd wlili the intent-to en~t~arnss o►~ ~iinc ytl e reci~icnt, or ]s part of a ~attcrtt of c~nduct.liy tlie~.complainai~t tl~pt;~uzowits to as abuse of the coittpinints 1~rovess:•' V~~I-lA'!' CONS'fl'I'U'1'~S~A Pt1'1?'1'~~tN OF CONUUC7' A "~i~ttern of coti~~uct" occurs tivhe►i, ~n three ur more occasions, Fi con;pl~in~ut euga~~es in one or rnorc e~f tt~e Collawing: ~'~`~~bi~iu~;s ~C~p~~?t~~iiits c~»icerni~ib sai issue which sta~f'h~ve ;already investig engages in aiuet~sonAble co~xduct which is abusi~~c o.f.'the C011l~)Ialtll5 })TOC~SS, including, but not fii»ilcd tc~: -• hfu~assing, vci•bal.ly aUusing ar otlier~vise sccki~ig to .intimidate staff cicaliti~ with tt~cir complaint, in violation ofthe City's R.espectfiil Worki~lace St~t~;u~eat of Coa~uiaitinent a~ldloc Cocport►fe Policies and Procedures Rc:spect(iil Woi.4pl~ce and W~rkE~l~cc Page 107 Policy No. ~~ 40 ~~ MlSS1SSAUGA Page Page :~ of ~c~l~cy ar~d ~~~- - effective Date ~i ~~r ~ ~./ ~ r~ Supersedes Violence — ii►~~king excessive or nu~ltiple li~ies o:t enquiry resHrtling the sAtne issue {e,g. ~~~iesuiug a enmplaiilt with stat'f i~~ multiple City depnrtiue~~ts and/or An clecled ~fticit~l simitttAncously) while t}ieir complaiint is in thc: p~'~cess of Ueia~~; invustigatcd:~: — rcpeAtedly chflll+e~~gin~::tlie findings of a complaint i~ivesl:ibatan, ci~inplE~it~i~g about the outcome ~ndlor deityiiig~~th~f ~i~ adec~~r~tc i•es~iausc has 1~eeia given rcfiising;la..accc~t thmi ~u~ issue fatls;~utside the scope of the CiEy's;jiu•isdictio~a mflking ~~nrcasariab{c.ctcu~nnds on staff by, far ex~mplc, ~nsisiin~; oir ~'(~S~)Q!]SC3~LfJ;CO111~IAlllfti F311CI ~I1C~U139CS ~uitltin tan u~iz~e~sol~able'tipic~-fi•Ame inattit ~;statetnents or providing r8~1'~St~11lA[LOtI~ lllEtl tfie cc~liipiainflnt lu~ows or ought to k~io~~r are iricc~a•rec;t, • ~~or::perst~~iiin~; oftieis tc~ d~ ~o (ICt11flI1CIlt1b S~)CC1t1I ~1'efllttiCllt t!'OITl Stttfl' h)r, for cxsunple, ~~ot follawinb tf~c n~rrn~l chain of com►n~nd aeiil imn~ecli< usij~g new cocsil~lt~i~iis to resiu~rcct issues whiet~ ~~~erc: i~~vestig~rtecl and eoinpletecl its previous complf~iiits — clian~in~ the basis e~t'the complt~int as the invcstig~tioat ~~rogre~ses end/or dcuyin~ staleii~euis Ise/slze ui~cfe xl tug earlier stage Page 108 ~1 policy No, MISSISSAUGA 00 00 OU ~a~p~~~°~ to Pale l'x~e ~} of ~"~~ ~~~ ~ t~~ ~/ Effective Date ~~~ ~~,~~ ~ 4~ ~~,~ Supersedes — refi~sin~; to co-o}~c:rate with the investi~atio~~ pi•acc;ss white still wa~itiu~; tlicir coniplaiut to be rese~lvect, :tud — fAitin~ to cle~rfy identify the }precise issues of the ecymplaint; despite reasanmble efforts c~f'sta!f tc~ l~eip tltam ct~eify their concerns. C;QMI~I,A)N'i' PR.C7CF3GUItC Rc~spoaasr. Time Issues of au u~~~eut nat~u•e should be responded t~a within fi reasuiiable time fig:ante, fis cun~nttiiii~'~led to t~1i~ complaitiH~it. to ~vithit~ t0 busi~~e~.~ Non-~►rgent eoin~aaints should be res~ioiit~ed days. 1~Jhere t}i~ n~tt~r~c of dxe coui~~faint ~i~e ~trires a longer tine for ~~i~~estigxtion and •es~~use, Uxe.cpmptainauf shnu[d be t~daised of the anticipated timeti•ai~~e.a~:;~soori~~s ptaciicabler~ ~.: Employee Res~>onsiUility Staff in~45i.establish, throagti.t[ie. doeumentecl words uncllor aetinns of a compl~i►~~nt (e,g.>emflils, tefigr~ a»d staft'notes re~ortln~ a '~ cnnversacio~~~or inside nt); that the coi~tplaint is rrivolous or Veaa~ious before applying the pioccsses outlined in this policy, (t'ntr~inployce believes that ~ campl~int is C'riv~~lous ae Vexatious; ll~e.ernployee should cottsuft ti~itli their ntannbc~/ sn~~ei•visor, pcovidc..fuiy su~~~orting ~nAtc:rials (e.g. emails ceceiv~cl tioni:.tlie complainant) and fidvise die u~fluabec/ supervisor of'the sups that: l»~~e been taken to resolve the issue, includi~~g: ~,.. tl~e ]en~tl~ of time that stnff~liAve been iii cal~tact wiil~ tl~e nntptttinsaul utici ttie ainc>i~nt of curcesi.~nndenee; Iltat his been ~cxal~ungecl w1fI1 fI1C CO1fl~Ii1lllAlll~ * ~ the number o~t'eoinplaints that the comJ~lttintmt h:~s brought cud the st:~tus e~Peach; and • the; n:~lure oJ'llte eontplainaut's brlitiviottr, Note: l:ntployees niay cliuose tc~ catrilct ttieii• m~i~ager/ supei~~isor prior to ~~ pattern oI'conduct hei~i~;.cstHblishect (i,e, the behaviour his oectirred un less than tln~ei Page 109 ~~ Policy No, MI55(SSAUGA 00 00 oa Page !'ttge S ut~ ~~I~~j ~'~I~l ! 1 Effective ~~ Date d`~~~C~t6'~"e Supersedes occasions) if'the compls~inant's behaviour is extreme. 1vlAnagei/Supervisor M~ua~;ers/supervisors are responsible fur reviewing the ]tespoi~sibility infarmRtioi~ provided by staff And tleterininin~ if the complui~~ant's behaviour should be escalated to tl~e <<~pi~priAte a►rector(s). rnauaber/supecvisoc must Ac:forc esealstin~ to the di~~ecto►'(s) the be ~~tis~ed that: the campl~int has lteeu propei•tj%~investigated; • cotmiYtlnication .with tine complaiir~irit.~ias l~e~n adcc~uatc; and • tl~e ccnxt~~l~ii~uj«t is not r~ttempl~iug.ta jirtt~idc tiny siba~ificani staff: ':; ` . uet~+ infor►nati~~i~.wlien c~ut~ctin~; Uic~ctor Itespoi~sibili Ey Directors arG respol~sibt~ fo i'eviewi»g the informatiun provided by the tn~tii~gei•,/.supervisacii~~:timely ma»ne►•. Directw~s nay cwitact olli4z• City ~iii•ec;lozg to deke~•mine if tl~c co~nplttinnnt is ''4UlllflL(111~ Il1ULtlple C;tly sft~ff/depai~ti~ieitits. If, $ft~~' ~~eviewing:tlie circuiusiaiices, il~e directa~ determitics that act oia~ui~der this p~ilicy should lie taken, he or site will cleterii~i.ne ~I~e;~ppr~j~t•l~te t~cii~m(s) in accord~i~ce with this policy. A warning lettc>r~will be sent to tl~e compinii~ant i~~dicati~ig that the ~tctioiis outlined in the letter wilt be put into ~:t7'ec~ iFthe enmplaiuts of~ F~~i~rolous or' Vexr~tiaus n~tui~c eon.tinue. I~tl~e i iimpl~ii~lt i«cludes multiple issues, tine letter nic~y trlsa ~i~lli~.~e the priority ~ssisncci Io resc~lving and i~:sponcling to tl~e cnit~~~l~ia~ts. '1~yrCS 0~ /~CIt011 CO /~ClIOI1S t1Vt11IilI)IC. 10 Clll'C4'l01'S UIICICP fIllS j)O.IICy 111E]y 111CIUaC, bid Resri•ict Canplainant aee nit liiuitecl ta: Ini~~lct on Staff • limiting the complaina~~t's c~rrespondence rvit3~ stiff to a })NC(ICllltlr format (e.g. emt~il only), ~i►ne (e,b. telephony c:dls only aC s~~ecific times ~~id d:iys of'tlie week) or dur~~tion (c.~. com~c:rsations ~ntty i~tst no lan6cr thtin tct~ ntinutcs); Page 110 f', ~'olicy Na O~ ~~~~ ~~~ B MrSSlSSAUGA Paye 1'a~;c ~ oi'7 Effective ~~~ ~~~~ f~~ Daie ~a Supersedes contact at the • limiting the complai~~ant to x partic►ilar ~~oint of City (wlie~~e passiUle, other stfiff members shc~uid be Hdv~ised not Cn eespond to the c<~lupldinanl, but to refer then to tlxe point of contact); • ccquiriug any face-t~-face iiitcr~lctions bet~~cen the canipl~in<~nt and staff tc~ taka price in the p~rsence o.f un appropriate ~vitncss; • requiring ih~t co~ial~lainants p~~t~ce full disclosure o.f ctocun~entntio~i or information befaae staff ~vili furthcc i~avcstigate a cn~i~E~lnint; ii~structu~g staff i~ot. to ~'ESJI¢ll(~ l0 tUt'tI1Cl' COl'1'C$j)O17CIC11C6 ~fOlti the ctiir~plt~inatzi re};ardit g the complaint o~• a s►tbslnntially sisnil~r issue; .. i~asteuctiii~ staff »~~ t~ i~wesii~;aie:pny complai~~Es ~egardin~ flu '.?ssuc~ that his ~tlregiiy teen anvexligateci, ~~• ~vi~ich is siibstanii~zll5!:$ii~i'ilttr to as is4tte tvhich has already Ix:cn inv~.stig~tcci; and/or, • :in exU•eiiie~cii~e~tnistanccs, i~tstructing staff to sevei~el}~ reduce or caanpletely cease responses to further• caiu~~taints and cc~rres~iundeuce from the con~plaint~izt. l~'decmed app~•c~p~•iHtc, tl~e dircct~r mt~y set up a face to face staff(if ~3ppti~:eblc) in n~ccting 4vith the comp(ain~►~~t end r~lcvant ~~raer ro identify Any misui~derst~u~dings and ~ttempi to resolve the issue. 1'1t~L1;1.)tJlt}~ li' I~l21VU1..O(JS ANI.) ~~F.;aAT'TUl1S COM:I'.1.,Al~N'T'S GUN`I'INI.i~ ff a co~r~~~taina~~t distc~~rds the ~va~~nin~; letter' fllll'~ CO11fItIt1ES CO submit compltlUltS ~ICCIiIE;(I to I)C Fi'LVOIOLIS Ntlfl VC:CAt10l1S, the l~.is/her c1~legAtc ihnt dii~.ctar will ~►civzse their ecyt»u~issi~yner ~~r Page 111 Policy No. MISSISSAUGA uo no ao Page 1~Abe ~/ 0t~ ~/ ,~O~l~',]/ c~l'1C~ Effective bate ~~~Gedur~~ Supersedes the aolioais oufiiiiecl in t~lye warning later will hike ~f.~~ct i~nn~ediately. 'I7~e commissioner will aci~~ise the l eadership 7"eau ~C~I17111ISSIOIlC1'S fli1CI C1tY MA[lA~,@i°~, tl~c Mayo'Al](~ t~1C Appi~apriflte waif ec>uncillor(s) of the nctio~i the City has tnken and the reasons fUr it. .. . 1'xt~~enS~ I3eliavi~,u~• Corpu~~at~e Policy and Pracecllire,-Workplace Violence should be cuusulted iCa con3plainarit's beha~~i~ur threatens the sxttty or security afstaff New Complaints Complaints on a xe~~flrate/new;tssue from:i~ietsnn who lens coiue under.this policy ~vili ~.be. treated`on their individual, merits. "!'lie with the iclev~nt ap~Eica(~ie cominissioner,~in,co►isnttatiou dii•ectc7r(~)~ ~vil:t ~tecide if F~ny i•c:strictiuns which nre cutrentiy in effect should be ~appli~ci to the iie~v complaint. i~1:11N'I'A W ING UL'Ptl(L1T3 TZN.G.C3RDS Staff arc respo~isibl~~ for maintaiiiiug detailed recorcls of tl~cic interactions with complain:ants (en~ils, notes of teleplfone cpiive~snti~ns fln~l notes of in-pec~on diseussians) iu ardf:r to justify ~np ~~ ciion being t~kcn to restrict the comptAinant's z~ccess io C:.(ty stat'1: Rccc~rds must be relKined iu ficc~rdance with the :':l~.ecords Retention .t3y-IAw 537-)6, as ameudc:d. R.[,FI:RENCFs: LAST RI~,V[IsW DATE; CON'l'f~C'T: ~<}'or ~dditio~~~l infunuation contact the ~ppl~cAble divisions! director, Page 112 (;~ncral C;ammittec - S - June 5, 2014 g~ "I, tl7e wzclei•si~>necl, rec~a~est that tl~e properly list~~c! ahoue bc~ inspected by the Prol~er•Iv Standards Officer(,r) oj~the Nlt~niclJ~rrlin~ cifCallunder u~zd ~u take wha/evcr actions ner.~ssc~ry. 1, thc- tcnd~rsigned u~•ee tl~u~ i~'tlze .Prvl~crrty Stuncicn~ds• (.)~cer(s), ~epvn inspectiuri gJ~the prvper•~p uboi=c, dc~termi~tc(sj ihcrt this cc»r:plaint is,~r•ii~ulous and vcrcrlious in mcrnnc~r und'or the eOYJCITIlOI7S [7Ye so Il7117UY GS !20! 10 CDY1Sffltlle Cl1t,Y L1C/lp11, I agree to rqv afee of ~1S0. n!1 ns ara inspection,fee. 1, the rcrrdersiKnecl, alrn agree and undc~rs~and ~ha~ ifthe cnnaplaint is vulid and dots c~mstitute uclior~ ctrzv,fees !n be paid rn rotation tv Ihis co~nl~luina rill be paid by the vw~aer q~~~he prvE~erl~~." dos An~elcs: There is no formal policy or procedure in pl~.ce. If i1 is drtemlin~d that staxTare dealing with a chronic complainer, they ~vnulcl put a note on the f I.e and provide information and acl~ice; to mar~agr:ment who would make the lina.l decision. Ofientirnas mareageznent have sinipEy stopped Accepting complaints from an iden~i~ed chronic complainer. FIIVANC~AL I1'~PAC"T: Although there is na financial impact to the City, adoption of this Corporate policy may result in a mote effecCive and efficient use of stall'resources as lzss tune inr~y i~ spent by staff inv~sti~acix~g and responding to complaints of a frivolous and vexatious nature. CO1CLL'SION: City resources are lemited. [t is in~.~ortant that City resources be usccl effectively and cfficientiy at X11 times. Although taxpayers are entitled co ~ high level of customer service anti responsiveness from their municipal government, it is nut reasonable Pur a ta~p~yer to expect service in response to their fling of frivolous and ~-exatious COlIl~)1c3lIltS. Moreover, staff's investigation ~u~d response t~ frivolous end vexati As a result. ii is rccor~~mende;d tliae the dra.fl Corpvrat~ policy entitled "Staff Yroced«re 1c~r [dandling Frivolous and Vexatious Co~uplaiuts'' attached to this rcp~rt as Appendix t be approved. Page 113 ~~ tieneral Gammittee - 6 - Junc 5, 201 ~ ATTAC'IIM.F..NTS: Appendix l: Draft Corporate policy `'Staff Procedure for handling rrivulous < Janice M. Baker, F'CPA, f~CA City Mana~c;r and Chief Adn~inist~•ative Ufficcr Prepurecll3y; ll~tickey Frv~~. Udrec~tur of~En~orce►nent Page 114 MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Mayor and Members of Council From: Brent Rice, Chief Building Official Date: September 18,2020 File No: PLN11.24 Re: Communication 11.3, City of Oshawa report regarding the construction of accessible units as part of all residential development projects For several years the Municipality of Clarington’s Accessibility Advisory Committee has been including recommendations in their Site Plan Application comments that accessible units be provided in each residential development. The current Ontario Building Code does not require any accessible features to be included in residential housing until you get into apartment/condominium buildings at which point 15% of the residential units must be provided with a barrier-free path of travel. The barrier-free path of travel must be from the suite entrance door into the following rooms and spaces; (a) at least one bedroom, (b) at least one bathroom which must have; • have wall reinforcement installed and, • be designed to permit a wheelchair to turn in an open space not less than 1 500 mm in diameter. (c) a kitchen or kitchen space, and (d) a living room or space. Other types of residential units could be made accessible by designing development so that some of the ground floor units would be at grade or accessible by a ramp. The interior design of the units would then be same as in an apartment building. The correspondence from the City of Oshawa is a request to the Province that municipalities be allowed to set their own targets for accessible residential units, which would go beyond the current requirements for the apartment and condo buildings. If municipalities are given the authority to set a percentage of accessible residential units, I would recommend consulting the with the Accessibility Advisory Committee and Page | 1 the other Durham Municipalities to determine appropriate target numbers for accessible units needed in other housing forms throughout the Municipality. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | [email protected] | www.clarington.net Page 115 Staff recommend that the correspondence of the City of Oshawa be endorsed. Brent Rice Chief Building Official Planning and Development Services Department Page | 2 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1 -800-563-1195 | Local: 905-623-3379 | [email protected] | www.clarington.net Page 116 Corporate Services Department City Clerk Services File: A-2100 July 21, 2020 DELIVERED BY EMAIL ([email protected]) Region of Durham Re: Construction of Accessible Units as Part of all Residential Development Projects Oshawa City Council considered the above matter at its meeting of July 13, 2020 and adopted the following recommendation: 1. That, pursuant to Report CNCL-20-149 dated July 8, 2020, the Province of Ontario be requested to amend the Ontario Building Code in consultation with municipalities, the building and development industry and other stakeholders to permit individual municipalities to establish in consultation with the public and the building and development industry unique approaches and standards applicable only to that municipality to advance accessibility such as a minimum number of accessible units in new development projects. 2. That a copy of Report CNCL-20-149 dated July 8, 2020 and the related Council resolution be sent to: • Region of Durham and Durham Area Municipalities • Durham Region Members of Provincial Parliament • Association of Municipalities of Ontario • Oshawa’s Accessibility Advisory Committee • Durham Regional Accessibility Advisory Committee • Large Urban Mayor’s Caucus of Ontario • Advocacy Centre for the Elderly • Provincial Ministers for Seniors • United Senior Citizens of Ontario • Oshawa Senior Citizens Centres • Ministry of Municipal Affairs and Housing • Ministry of Government and Consumer Services • The City’s Building Industry Liaison Team including Durham Region Homebuilder’s Association and Building Industry and Land Development Association The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1H 3Z7 Phone 905∙436∙3311 1∙800∙667∙4292 Fax 905∙436∙5697 www.oshawa.ca Page 117 2 • Ontario Building Officials Association • The Accessibility Directorate of Ontario Please find attached Report CNCL-20-149. If you need further assistance concerning this matter, please contact Warren Munro, Commissioner, Development Services Department at the address listed on Page 1 or by telephone at 905-436-3311. Mary Medeiros City Clerk /jl c. Region of Durham and Durham Area Municipalities Durham Region Members of Provincial Parliament Association of Municipalities of Ontario Oshawa’s Accessibility Advisory Committee Durham Regional Accessibility Advisory Committee Large Urban Mayor’s Caucus of Ontario Advocacy Centre for the Elderly Provincial Ministers for Seniors United Senior Citizens of Ontario Oshawa Senior Citizens Centres Ministry of Municipal Affairs and Housing Ministry of Government and Consumer Services The City’s Building Industry Liaison Team including Durham Region Homebuilder’s Association and Building Industry and Land Development Association Ontario Building Officials Association The Accessibility Directorate of Ontario Page 118 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2020-057 Being a By-law to exempt a certain portion of Registered Plan 40M-2614 from Part Lot Control Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control Blocks 12 and part of Blocks 2 and 13 in Plan 40M-2614 registered at the Land Titles Division of Whitby (File # ZBA 2020-011); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to Blocks 2 and part of Blocks 2 and 13, more specifically described as Parts 11 and 15 of 40R-30960. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of one (1) year ending on September 21, 2021. Passed in Open Council this 21st day of September, 2020. ______Adrian Foster, Mayor ______C. Anne Greentree, Municipal Clerk Page 119 ZBA2020-0011 Block 12 Part of Block 2 Part of Block 13 PORT DA RLINGT ON R OAD Burketon Enfield Part Lot Control Location Map e u n Enniskillen 5 e Haydon 1 v 1 A & e l 5 l Tyrone i 3 (Bowmanville) v Leskard n a m Kirby Kendal w Solina o µ 407 B Hampton Mitchell Corners t Orono S d y t R r e e l l b 5 i Courtice i 1 v Area subject to Exemption from Part Lot Control Maple L 1 n d Grove o R & t R 5 e e w g 3 c io Bowmanville e i n t al R N r d 2 u o King St C Newcastle Brownsville Newtonville 401 Regional Rd 2 401 401 ZBA2020-0011 Page 120 L a k e O n t a r i o If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2020-058 Being a By-law to exempt a certain portion of Registered Plan 40M-2601 from Part Lot Control Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Block 2 and Part of Block 3 (more specifically described as Part 1 in Plan 40R-30593) in Plan 40M-2601, registered at the Land Titles Division of Whitby (File ZBA2020-0016); Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to Block 2 and Part of Block 3 (more specifically described as Part 1 in Plan 40R-30593) in Plan 40M-2601. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of three (3) years ending on September 21, 2023. Passed in Open Council this 21st day of September, 2020. ______Adrian Foster, Mayor ______C. Anne Greentree, Municipal Clerk Page 121 1582 1577 1575 1573 37 1571 33 1569 29 30 1567 25 26 25 1565 21 22 21 1558 1563 17 E 17 66 1561 9 N 2 A 9 72 L 1559 5 A 5 76 1557 1 R D 1 82 Y N 1555 A A X W KING GEORGE WAY 1553 E Y E L A G A R 1551 6 8 W N O 4 4 E 4 2 E 1549 E 91 G E 4 4 G 0 R U 8 6 6 0 8 4 4 6 4 2 G 2 4 8 0 2 6 O 0 Q 2 4 3 6 3 1547 2 8 3 2 3 E 2 2 2 N 3 1 2 1 1 1 1 I G K G N I K 5 1 BOSWELL DRIVE BOULEVARD CLARIY NGTON A W M 9 3 5 7 7 9 1 1 5 A 7 9 1 5 3 I 2 2 2 2 1 1 2 7 175 1 1 L L 5 I 3 1 1531 W G 1527 N I 1523 K 1519 KING WILLIAM WAY 1515 1 Y 1 4 A 6 1511 1 4 2 W 2 1 3 5 1507 8 2 2 M 3 2 4 A 1 4 1503 I 2 4 8 L 1 3 4 4 1499 IL 2 0 2 2 1 3 0 6 1495 W 2 6 2 2 D 1 6 9 2 3 2 6 G 1 2 1 2 6 5 1491 N 8 2 2 I 1 2 1 A 1 2 5 K 4 2 8 E 1 2 5 7 2 1487 1 4 N2 0 0 2 2 A 3 1 0 2 4 6 O 6 1 L 1483 0 2 4 9 1 6 N 5 1 0 1479 2 2 1 I 2 R 2 G 4 1 4 2 0 L 2 1475 1 0 8 E2 3 2 8 2 4 3 7 2 2 1471 0 D2 3 6 0 R2 2 N 1467 9 3 O2 2 L 5 3 0 E 2 1463 2 1 3 4 Y 2 1 4 8 E 7 A 1459 2 1 4 2 3 W 1455 2 0 5 6 R 0 9 0 M 1451 2 5 5 IA 0 4 L G 1447 1 5 L 6 8 I 1443 6 2 W 7 6 G 9 1439 0 IN 6 7 K 1435 4 1431 1427 1423 2-175 King William Way, 200-269 Lord Elgin Lane, 1-29 Clarington Boulevard and98 1423-1531 Green 1R2o4ad 128Burketon Enfield Part Lot Control Location Map e u n Enniskillen 5 e Haydon 1 v 1 A & e l 5 l Tyrone i 3 (Bowmanville) v Leskard n a m Kirby Kendal w Solina o Area Subject To Zoning By-Law 407 B Hampton Mitchell Corners t Orono S d 2-175 King William Way, y t R r e e l l b 5 i Courtice i 1 v Maple L 200-269 Lord Elgin Lane, 1 n d Grove o R & µ t R 5 e e 120 w g 3 c io Bowmanville e i n t al R N 1-29 Clarington Boulevard and r d 2 u o King St C Newcastle Brownsville Newtonville 1423-1531 Green Road, Bowmanville 401 Regional Rd 2 401 401 ZBA2020-0016 Page 122 L a k e O n t a r i o If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2020-059 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington to permit the development of 9 single-detached dwellings on the subject lands ZBA 2016-0013. Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule “4” (Courtice)” to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: “Holding – Urban Residential Exception ((H)R3-31) Zone” to “Urban Residential Exception (R3-31) Zone” as illustrated on the attached Schedule “A” hereto. 2. Schedule “A” attached hereto shall form part of the By-law. 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act. Passed in Open Council this 21st day of September, 2020. ______Adrian Foster, Mayor ______C. Anne Greentree, Municipal Clerk Page 123 059 21st September Page 124