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Home My WebLink About02/27/2006 ~l~ipgton DATE: MONDAY, FEBRUARY 27, 2006 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAY~ER~~-"-~~ ,~_-_~=~==~~c,=,~._~~" - ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on February 13, 2006 PRESENTATION a) Presentation of the Exemplary Service Medal and the Long Service Medal to Clarington Firefighters DELEGATIONS a) Tracy Pederson, Media Coordinator, Women of Distinction Committee, YWCA Durham - YWCA Durham's Signature Event and Annual Fundraiser -Women of Distinction Gala b) Lisa Corkery - Conversion of the Courtice Community Fitness Centre from an Adult- Only Facility to a Family Facility c) Kevin Tunney - Addendum to Report PSD-019-06 (Unfinished Business) d) Cory Whittle - Confidential Report CLD-004-06 e) George Beecher - Confidential Report CLD-006-06 Receive for Information 1- 1 Gary Dussledorp, President, Local 3139, Clarington Firefighters Association - Bill 206 - The Ontario Municipal Employees Retirement System Act, 2005 1-2 The Honourable Harinder Takhar, Minister of Transportation - Highway 407 CORPORATION OF THE MUNICIPALITY OF CLARINGTO 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3As T (905) 623-33i Council Meeting Minutes .3- February 13, 2006 DELEGATIONS Councillor MacArthur stated a pecuniary interest regarding the delegations of Laura McDonald, Laurie Cook and Jeff Willis, vacated his chair and refrained from discussion on the subject matter. Councillor MacArthur is a resident of Beech Avenue. Maurice Richards, President and Laura McDonald, Executive Director, Clarington Older Adult Association appeared before Council regarding Report PSD-012-06. Mr. Richards advised Council of the Association's successes over the past year and noted the increase in overall participation by members. The Association is growing annually and h~ expects it to continue to grow. Mr. Richards advised that he is concerned with the proposed heritage designation and how it will affect the Clarington Older. Adult Association. The proposed growth will not conUnue if there is no additional parking available. Mr. Richards recommends that parking be allocated for future growth and that a representative of the Clarington Older Adult Association be appointed to the Heritage Designation Committee. Laurie Cook appeared before Council regarding Report PSD-012-06. He noted that he is strongly in favour of the heritage designation on Beech Avenue and strongly against the 100 percent sign-off clause. Mr. Cook supports the heritage designation for Beech Avenue but believes that this should not automatically mean future designations. Jeff Wills appeared before Council regarding Report PSD-012-06. Mr. Wills is requesting Council to overturn the 100 percent sign-off on designation and that no other further hurdles be put in place pertaining to the designation of Beech Avenue. COMMUNICATIONS Resolution #C-052-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda with the exception of Items I - 1 and I - 6. "CARRIED" 1- 2 L 11.GE P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT a copy of Report #2006-P-3, of the Commissioner of Planning be forwarded to the Province as Durham Region's response to Sill 51, the Planning and Conservation Land Statute Law Amendment Act 2005; and ~locjpglOn DATE: MONDAY, FEBRUARY 27,2006 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAY-ER-S~~-'-~'~---~=~~~~~~'~'~----~ -- ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on February 13, 2006 PRESENTATION a) Presentation of the Exemplary Service Medal and the Long Service Medal to Clarington Firefighters 'DELEGATIONS a) Tracy Pederson, Media Coordinator, Women of Distinction Committee, YWCA Durham - YWCA Durham's Signature Event and Annual Fundraiser -Women of Distinction Gala b) Lisa Corkery - Conversion of the Courtice Community Fitness Centre from an Adult- Only Facility to a Family Facility c) Kevin Tunney - Addendum to Report PSD-019-06 (Unfinished Business) d) Cory Whittle - Confidential Report CLD-004-06 e) George Beecher - Confidential Report CLD-006-06 Receive for Information I - 1 Gary Dussledorp, President, Local 3139, Clarington Firefighters Association - Bill 206 - The Ontario Municipal Employees Retirement System Act, 2005 1- 2 The Honourable Harinder Takhar, Minister of Transportation - Highway 407 CORPORATION OF THE MUNICIPALITY OF ClARINGTO 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-33i Council Agenda - 2- February 27, 2006 I - 3' Debi Bentley, City Clerk, City of Pickering - Report PD 09-06, Places to Grow - Better Choices, Brighter Future I - 4 Rick Lea, Executive Director, Durham Region Local Training Board"" Durham Region Trends,' Opportunities & Priorities (TOP) Report 2005 I - 5 Minutes of the Agricultural Advisory Committee of Clarington Meeting dated January 12, 2006 I - 6 Brian Hewson, Chief Compliance Officer, Ontario Energy Board - Electricity Service by Hydro One I - 7 John Adams, Mayor, Municipality of Leamington, OSUM - 53rd Annual OSUM Conference and Trade Show I - 8 Minutes of the Ganaraska Region Conservation Authority Meeting dated February 17, 2006 1-9 Dr. Leith Douglas - Thank You for the Dr. Ross Tilley Portrait I - 10 Association of Municipalities of Ontario - Ontario Disability Support Program I - 11 Minutes of the Clarington Highway 407 Community Advisory Committee Meeting dated February 8, 2006 1-12 The Honourable Dwight Duncan, Minister of Finance - Education Tax Rates I - 13 Minutes of the Kawartha Conservation Authority Meeting dated January 18, 2006 I - 14 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated January 10, 2006 1-15 Minutes of the Clarington Agricultural Advisory Committee Meeting dated February 9, 2006 1- 16 Minutes of the Clarington Older Adult Association Board of Directors meeting dated February 10, 2006 I - 17 Willie Woo and Donna Metcalf-Woo, ClaringtonPolar Bear Swim Organizers - Thank You Letter 1 - 18 David Miller, Mayor, City of Toronto - Proposed Growth Plan for the Greater Golden Horseshoe Council Agenda - 3- February 27; 2006 Receive for Direction D - 1 Joan Paul, Secretary, Kendal Community Care - Kendal Day Parade 0-2 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre - Request for Street Closures in 2006 D - 3 Gary Vandergaast, Port Granby Project Manager, AECL, Low-Level Radioactive --;;\Q!.~st~ M9Jlagement - _t-O~v.J~r~ ~9 Dr..-?~_~~r:t_~c:l~ota's9uestions o - 4 Gary Vandergaast, Port Granby Project Manager, AECL, Low-Level Radioactive .v:.Jaste M~nagement - Answers to John Stephenson's Questions . 0-5 Karen Landry, Clerk, Town of Halton Hills - Federal Gas Tax Funding 0-6 Tom Taylor, Mayor, Town of Newmarket - Super Cities WALK for MS' D - 7 Agricultural Advisory Committee - Resolutions Pertaining to Culvert Installations and 2006 Taxes on Farm Properties 0-8 Nancy Michie, Clerk Treasurer, Municipality of Morris-Turnberry - Negligence Act R.S.O. 1990 0-9 Kirk Corkery, Chair and Tariq Asmi, Executive Director, GTA/905 Healthcare Alliance - GT A/905 Hospitals 0-10 Martha Rutherford Conrad, Administrator, Clarington Museums and Archives- Museum Reserve Funds MOTION NOTICE OF MOTION a) Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS the Newcastle Arena Board has committed to repaying an interest free loan to fund the improvements at the Arena; WHEREAS the term of the loan was established for a seven year period; WHEREAS the Newcastle Arena Board would like to extend the time period for an additional two year period in order to be fiscally prudent in setting aside funds for additional capital priorities; NOW THEREFORE BE IT RESOLVED THAT the repayment schedule for the interest free loan be extended by an additional two year period and the repayment amounts be adjusted accordingly. Council Agenda -4- February 27,2006 b) Moved by Councillor Trim, seconded by Councillor Robinson WHEREAS the Clarington Green Gaels lacrosse organization fulfills a valuable role in Clarington's sporting community; WHEREAS the Clarington Green Gaels is a non-profit organization; .WH~HEAS tb~L9[9ElIJJzatJorL~as worked ha~d to ()yercome financial hurdles; WHEREAS they have paid in full arrears pertaining to facility rentals; WHEREAS ::ie Clarington Green Gaels have requested that interest charged on overdue accounts that have now been paid be forgiven in the amount of $673.47 NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington, on a one-time only basis, hereby agrees to forgive outstanding finance charges of $673.47 owed by the Clarington Green Gaels. REPORTS 1. General Purpose and Administration Committee Report of February 20, 2006 2. Confidential Report CLD-004-06 - Personnel Matter 3. Confidential Report CLD-006-06 - Personnel Matter UNFINISHED BUSINESS 1. Addendum to Report PSD-019-06 - Porposed Amendments to the Clarington Official . Plan and Zoning By-law and Proposed Clarington Energy Business Park Secondary Plan OTHER BUSINESS a) Regional Update b) Boards and Committees Update BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT ClN--iQgton Council Meeting Minutes February 13, 2006 Minutes of a regular meeting of Council held on February 13, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. _ROLL CALL. Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 8:55 p.m.) Director of Community Services, J. Caruana (attended until 8:19 p.m.) , Director of Planning Services, D. Crome (attended until 8:55 p.m.) Solicitor, D. Hefferon (attended until 8:55 p.m.). Director of Operations, F. Horvath (attended until 8:19 p.m.) Director of Corporate Services, M. Marano Director of Financerrreasurer, N. Taylor (attended until 8:19 p.m.) Director of Emergency Services, G. Weir (attended until 8:19 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 8:19 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor MacArthur indicated that he would be stating a pecuniary interest with respect to Report #1, Item #4 b, all delegations and all correspondence pertaining to Beech Avenue. Council Meeting Minutes -2- February 13, 2006 MINUTES Resolution #C-050-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on January 30, 2006, be ~J~PQIQyed. _..__ "CARRIED" PRESENT A TIO~I Mayor Mutton recognized the work of Dr. Ross Tilley, a member of the Canadian Army Medical Corp militia who, along with his colleagues, treated hundreds of burned airmen during World War II. This group of men humorously called themselves the Guinea Pig Club as they knew they were quite literally guinea pigs for Dr. Tilley's burn unit. A painting of Dr. Ross Tilley by artist Tony Johnston was presented to Dr. Leith Douglas, Steve Rowlands, Ron Cameron and Jim Connell, President, Royal Canadian Legion. Resolution #C-051-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Laura McDonald, Laurie Cook and Jeff Wills be added to the list of delegations. "CARRIED" DELEGATIONS Reid Hasted appeared before Council regarding Correspondence Item D - 14. Mr. Hasted advised that there have been numerous issues regarding the walkway between Clayton Crescent and High Street. Shortly after moving in 2005 he reported several repairs needed to the walkway. The walkway is extremely dark and teenagers are hanging out there. He has had a beer bottle, tomatoes and eggs thrown at his house. Mr. Hasted feels that the Municipality is responsible for the damages to the walkway and his property. He has spoken to the adjoining property owners and they have the same concems. Mr. Hasted is requesting Council to pass a resolution to close the walkway and divide the land evenly between the four adjoining property owners. Mr. Hasted submitted two letters from property owners in the vicinity of the walkway. David Rice, Ridge Pine Park Inc., was present to answer any questions pertaining to Report PSD-014-06. Council Meeting Minutes -3- February 13, 2006 DELEGATIONS Councillor MacArthur stated a pecuniary interest regarding the delegations of Laura McDonald, Laurie Cook and Jeff Willis, vacated his chair and refrained from discussion on the subject matter. Councillor MacArthur is a resident of Beech Avenue. Maurice Richards, President and Laura McDonald, Executive Director, Clarington Older Adult Association appeared before Council regarding Report PSD-012-06. Mr. Richards advised Council of the Association's successes over the past year and noted the increase in overall participation by members. The Association is growing annually and h~ expects it to continue to grow. Mr. Richards advised that he is concerned with the proposed heritage designation and how it will affect the Clarington Older,Adult Association. The proposed growth will not continue if there is no additional parking available. Mr. Richards recommends that parking be allocated for future growth and that a representative of the Clarington Older Adult Association be appointed to the Heritage Designation Committee. Laurie Cook appeared before Council regarding Report PSD-012-06. He noted that he is strongly in favour of the heritage designation on Beech Avenue and strongly against the 100 percent sign-off clause. Mr. Cook supports the heritage designation for Beech Avenue but believes that this should not automatically mean future designations. Jeff Wills appeared before Council regarding Report PSD-012-06. Mr. Wills is requesting Council to overturn the 100 percent sign-off on designation and that no other further hurdles be put in place pertaining to the designation of Beech Avenue. COMMUNICATIONS Resolution #C-052-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda with the exception of Items I - 1 and I - 6. "CARRIED" 1- 2 L 11.GE P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT a copy of Report #2006-P-3, of the Commissioner of Planning be forwarded to the Province as Durham Region's response to Bill 51, the Planning and Conservation Land Statute Law Amendment Act 2005; and Council Meeting Minutes -4. February 13, 2006 COMMUNICATIONS 1- 3 SOO.GE 1-4 SOO.GE 1- 5 E05.RA 1-7 SOO.GE 1- 8 C06.DU 1- 9 E06.VE 1-10 E06.VE b ) THAT a copy of Report #2006-P-3 of the Commissioner of Planning be forwarded to the Ministry of Municipal Affairs and Housing, and the eight area municipalities." Craig Burch, Director of Education, Durham District School Board, providing Council with a copy of the Annual Report for 2005. Mary Ann Martin, Chair, Board of Trustees and Patricia A. Manson, Director of Education, Durham Catholic District School Board, writing to Cc._.1cil regarding the Canada-Ontario Immigration Agreement of November 21, 2005, in which the Region of Durham is a designated limited partner. They are requesting that Council help to win spending provisions for the needs of immigrant children and youth from the agreement. Dr. Donald R. Richardson, Senior Consultant, Communications and Consultation, Gartner Lee Limited, advising Council that Gamer Lee Limited has been retained by Cameco Corporation to engage area residents in shaping plans for renewal of its Port Hope facility as part of Cameco's Vision 2010 project. Vision 2010 is a large, long-term investment in Port Hope that builds on work now underway through the federally funded Port Hope Initiative. Dr. D.L. Reynolds, Associate Medical Officer of Health and Jason Garay, Epidemiologist, Durham Region, providing Council with a copy of the Snapshot on Enteric Illnesses. Minutes of the Durham Nuclear Health Committee meeting dated January 13, 2006 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on January 19, 2006, passed the following resolution: "THA T the resolution of the Council of the City of Belleville regarding the proposed expansion of Veridian Corporation hydro services within Belleville be endorsed." Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on January 19, 2006, passed the following resolution: "THA T the resolution of the Municipality of Clarington regarding the proposed expansion of Veridian Corporation hydro services within the Municipality of Clarington be endorsed." Council Meeting Minutes -5- February 13, 2006 COMMUNICATIONS 1- 11 1-12 1-13 1-14 L 11.GE 1-15 F11.GE 1-16 A01.FE Marilyn Pearce, Mayor, Township of Scugog, advising Council of the appointment of Bev Hendry as the new CAO of the municipality. Leading the senior management team for the Township, Ms. Hendry will oversee the delivery of services, strategic planning and administration for the Township employees and over 22,000 residents. Sharon Dionne, Chair, Urban Development Institute/Ontario Durham Chapter, writing to the Honourable Minister David Caplan, advising him that he will be receiving comments with regard to the Proposed Growth Plan from UDI/Ontario, which speaks on behalf of their industry. Without derngating from those industry-wide comments, they would like to comment on how the Proposed Growth Plan will impact community building in their end of the Greater Golden Horseshow area. P.M. Madill, Regional Clerk, Region of Durham, providing Council with a copy of Report 2006-P-9 of the Commissioner of Planning regarding the Province's Proposed Growth Plan for the Greater Golden Horseshoe. Madeleine Meilleur, Minister of Culture, providing Council with a copy of a bulletin outlining regulations that have been made to implement the amended Ontario Heritage Act. These regulations mark a major step forward for heritage conservation in Ontario. Dwight Duncan, Minister of Finance and John Gerretsen, Minister of Municipal Affairs and Housing, announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2006. The government is increasing OMPF funding to $707 million in 2006, $51 million or 7.7% more than the 2005 OMPF funding announced last March. This increase in funding reflects the government's commitment to supporting municipalities and ensuring that the OMPF grants continue to remain up to date and responsive to municipal financial needs: Federation of Canadian Municipalities, advising that they are optimistic about continued support for municipal issues with the new Prime Minister and his government. During the campaign, FCM President Kovach wrote to the four party leaders asking them to spell out their positions on key municipal issues. In is response, the Conservative party committed "to include municipalities in discussions of issues related to their jurisdiction and concerns." It also expressed strong support for efforts to develop a long-term plan for the gas-tax transfer, maintain infrastructure funding, and addr~ss the fiscal problems affecting municipal governments. Council Meeting Minutes -6- February 13, 2006 COMMUNICATIONS 1-17 1-18 C10.MO 1-19 1- 1 E08.GE Hardiner S. Takhar, Minister of Transportation, advising Council that they are continuing to deliver on their commitment to dedicate two-cents per litre of the provincial gas tax to municipalities for public transit. Between October 2004 and October 2005 they provided $156 million of gas tax funding, staring with one-cent per litre towards 83 transit systems serving 110 municipalities. This year between October 2005 and October 2006 they will provide $232 million in gas tax funding, or one and one-half cents per litre. The Municipality of Clarington will be eligible to receive an allocation of $554,659 for the period October 1, - 2"':J to September 30, 2006. John O'Toole, MPP, Durham, thanking Council for providing him with a copy of Clarington's resolution supporting General Motors of Canada Limited in Oshawa and a comprehensive auto strategy for Canada. P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on January 25,2006, passed the following resolution: "a) THAT the 2006 Timetable for the review of the detailed Regional Business Plans and Budgets (as outlined in Attachment #1 of Report #2006-F-1 of the Commissioner of Finance) be adopted with a final Council approval date scheduled for April 19, 2006; b) THAT staff be authorized to notify the public of Regional Council's intention to adopt the 2006 Regional Business Plans and Budgets for Property Tax Purposes, and the 2006 Business Plans and Budgets for the Police Services Board, Durham Region Transit Commission and Outside Agencies at its regularly scheduled meeting of April 19, 2006; and c) THAT a copy of this report be forwarded to the Police Services Board, the Conservation Authorities, other Outside Agencies and the local Area Municipalities. n P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT Report #2006-COW-02 of the Chief Administrative Officer, the Commissioner of Finance, the Commissioner of Works, the Commissioner of Planning, and the Commissioner and Medical Officer of Health be endorsed and submitted to the Province as the Region's response to the December 5, 2005, EBR posting (AA05E0001) on Bill 43, the Clean Water Act 2005; Council Meeting Minutes -7- February 13, 2006 COMMUNICATIONS b ) THAT the Province should articulate and discuss with municipalities and others, its overarching vision of the source water protection program including legislative, regulatory, funding, program and partnership activities; c) THAT the Province should make firm multi-year funding commitments to all aspects of the source water protection "~nitiative;notiustplarrpreparation;-- .---. -- -------- ,- .-. --..-. d) THAT Provincial legislation to enable Source Protection Planning --':::- __ 'should: i) Rationalize, harmonize and integrate the basic source water protection requirements now described in a variety of acts and policies (Nutrient Management Act, Planning Act, Greenbelt Act, Provincial Policy Statement) into a single comprehensive policy statement on protection of drinking water sources; ii) Rationalize and clarify the roles of planning authorities and jurisdictions in protection of water quantity and quality; iii) Create Source Protection Committees for Conservation Authority areas rather than for larger source protection regions to enable meaningful local participation by citizens and municipalities; iv) Require the Minister to have regard for municipal resolutions and comments on the Source Protection Plan; v) As recommended by Justice O'Connor, focus on use of existing legislative and regulatory tools and mechanisms to implement source protection policies; vi) Minimize the duplication between the process to develop the Source Protection Plan (SPP), and the subsequent process to bring the Municipal Official Plan into conformity with the SPP; Council Meeting Minutes COMMUNICATIONS j) .8. February 13, 2006 e ) THAT the Province should retain primary responsibility to enforce Source Protection Plans by: i) Utilizing its existing powers (e.g. under the Safe Drinking Water Act) to enter, inspect, order compliance, etc., in support of SPPs, since the Province is the approval _U_'_L' auffiorff{for-fhe Plan;-anc:f~--------- -- '.d. ii) Properly funding and exercising its authority to regulate industries and businesses that transport, use or create potential source water contaminants (e.g. chemicals, fuels, pesticides) to ensure compliance with those regulations; f) THAT the Province should provide an option for upper or single tier municipalities to conduct, by agreement with the Province, certain source water protection enforcement activities; g) THAT the Province should ensure that farmers are required to prepare only a single environmental protection plan for their farm and provide funding to assist farmers in reaching compliance with SPP requirements;' h) THAT Source Protection Plans should be results-based and focus effort and investment on activities that will produce meaningful improvements in drinking water safety, overall water quality, and long-term sustainability of the water source; i) THAT the Province should recognize that in many cases, financially assisting people to meet the source protection requirements will be a more effective investment in achieving the desired results than legal action; THAT a copy of Report #2006-COW-02 of the Chief Administrative Officer, the Commissioner of Finance, the Commissioner of Works, the Commissioner of Planning, and the Commissioner and Medical Officer of Health be forwarded to the Minister of the Environment (MOE), the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure Renewal, the Association of Municipalities of Ontario and Durham's area municipalities and Conservation Authorities (CAs)." Council Meeting Minutes -9- February 13, 2006 COMMUNICATIONS Resolution #C-053-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondenc.e Item I - 1 be received for information. "CARR I ED" I - 6 Ronald Hooper, Chairman, Board of Management, Bowmanville D14. Business Centre, advising Council that the Boards of Management of Bo"'manville, Newcastle and Orono are seeking to present their arguments to the Ontario Municipal Board regarding the proposed offer made in connection with the West Bowmanville Developments. Resolution #C-054-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 6 be received for information. "CARRI ED" CORRESPONDENCE FOR DIRECTION Correspondence Items 0 - 16, 0 - 17, D - 18 and 0 - 19 were distributed as handouts. Resolution #C-055-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items 0 - 1, 0 - 2, 0 - 5, D - 7 and 0 - 13 to 0 - 19, inclusive. "CARRI ED" 0-3 M02.GE Catherine Crawford, Assistant Location Manager, requesting permission to close Lakeshore Road East from Park Lane to Riley Road on Thursday, February 7,2006, to film a Motion Picture entitled "Blaze". (Actions taken by the Municipal Clerk pertaining to the issuance of a Road Occupancy Permit approved) Council Meeting Minutes -10- February 13, 2006 COMMUNICATIONS 0-4 M02.GE David Staples, Parade Chairman, Durham Central Fair, requesting Council's permission to hold the annual parades associated with the Durham Central Fair on Friday, September 8, 2006 and Saturday, September 9, 2006. (Approved provided the organizations apply for and. obt~in ~B9aQ.~QE_~J~an~YJ~.~~mit) .- - .._- --. . D-6 P01.GE John O'Toole, MPP, Durham, advising Council that he has received an i[lqlJJryfrom a constituent regarding noise abatement along Highway 401 in ,;.~LJth Bowmanville. It has been brought to his attention that, with the re-grading of some of the property between Baseline Road and Highway 401, the south end of town is more vulnerable to noise. It would appear that the removal of berms, a railway spur and vegetation means that some of the noise from the highway is no longer blocked. . (Correspondence referred to the Director of Engineering Services) Councillor MacArthur stated a pecuniary interest regarding Correspondence Items 0-1,0 - 2, D - 5, D -16, D -17, D - 18 and 0 - 19, vacated his chair and refrained from discussion and voting on the subject matter. Councillor MacArthur is a resident . of Beech Avenue. D - 1 Bill and Frances Huether, providing Council with their questions pertaining to the Proposed Heritage Conservation District: 1. There is no "partway" on Heritage District designation. How can there be a three year pilot designation? If an owner on Beech wishes to sell his home, does he declare to the Real Estate agent that the home is Heritage, Non-Heritage, or what, during this three year pilot? 2. If other streets are to be designated in the future, who will bear the cost of preparing individual guidelines for each? 3. A proposal was put forth at Council that the present guidelines be available as advisory material for all owners in Clarington. This seemed to have the support of all concerned. The guidelines were prepared at great cost. Does this mean that only Beech Avenue will have access to this service? Council Meeting Minutes -11- February 13, 2006 COMMUNICATIONS D - 2 Kim Goyne, advising Council that she does not want her home or her neighbourhood subject to the proposed Heritage Conservation District. She notes that she supports the "James-Humber Compromise" of implementing educational programs in lieu of district designation. D - 5 John and Pat Rundle, advising Council that they are opposed to the idea of the heritage designation for the entire area known as Old Bowmanville - .-- .--as 'uriginally -suggested=andc-note-tbaUhey -approve of the-~James-Huber Compromise." They had hoped that the idea would be generally accepted as the best solution to the problem and that their neighbourhood would become amiable again. D - 16 Mavis Carlton expressing surprise at the amendment requiring that 100 percent of the Beech Avenue residents should approve the~uggested designation. Frequently a simple majority is all that is required and she believes that agreement of 100 percent of the residents is entirely unreasonable. She is not aware of a similar requirement for a decision by any other level of government, association, board or committee for any purpose whatsoever. She is urging Council to reject the 100 percent requirements. o - 17 Peter Sobil expressing surprise at the amendment requiring that 100 percent of the Beech Avenue residents should approve the suggested designation. Frequently a simple majority is all that is required and he believes that agreement of 100 percent of the residents is entirely unreasonable. He is not aware of a similar requirement for a decision by any other level of government. Mr. Sobil is urging Council to reject the 100 percent requirement. D - 18 Bonnie Seto, writing to Council to express her wariness at the proposed Heritage Designation status for Beech Avenue. She notes that her family did not purchase the property on Beech Avenue subject to the proposed Heritage Designation and as such neither their enjoyment of the property nor selling of their domain should be hindered by this proposal. D - 19 Michelle Shook, writing to Council in support of the proposed Heritage Designation and the designation of Beech Street. She notes that she admires these residents for believing so strongly in taking the steps necessary to protect what is so valuable and what cannot be placed. Council Meeting Minutes -12- February 13, 2006 COMMUNICATIONS Resolution #C-056-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the authors of Correspondence Items 0 - 1, 0 - 2, D - 5 and D - 16 to 0 - 19, inclusive, be advised of the actions taken with respect to Report PSD-012-06. "CARRIED" 0-14 M04.GE RE":~ Hasted, writing to Council regarding the pathway beside his home and the repairs that are required. He is requesting that the walkway be closed and the land split up evenly between the four adjoining residents. Resolution #C-057 -06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item 0 - 14 be referred to the Directors of Operations and Engineering Services. "CARRIED" 0-7 M02.GE Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of Courtice, inviting Council to partner with the club to bring this exciting day to Clarington. Their July 1, community event will be back at the Garnet B. Rickard Recreation Complex with activities starting at 5:00 p.m. and ending shortly after dusk with an amazing fireworks display. He would be happy to meet to discuss the plans for 2006 and why the Municipality should be an important partner in this fabulous community initiative. Resolution #C-058-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item 0 - 7 be supported in principle; and THAT the correspondence be referred to staff. "CARRIED" Council Meeting Minutes -13- February 13,2006 COMMUNICA liONS D - 8 Cathy Vincelli, Executive Director, Paralympics Ontario, providing Council with a copy of the Bid Guidelines for hosting the 2007 Ontario Paralympic Summer Championships. As one of the Ontario Games Programs, Paralympics Ontario works in partnership with the Sport Alliance of Ontario to deliver the Ontario Paralympic Summer Championships. Bids are due in the Paralympics Ontario office no later than Friday, April 28, 2006, 4:00 p.m. Resolution #C-059-06 Moved by Coun::iII.or Schell, seconded by Councillor Robinson THAT Correspondence Item D - 8 be received for information. "CARRIED" 0-9 C10.MO P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on January 25, 2006, passed the following resolution: "a) THAT AMO's position in opposition to Bill 206, Ontario Municipal Employees Retirement System, 2005 be supported; b) THAT copies of this resolution and Report #2006-F-4 of the Commissioner of Finance, be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Finance, Opposition Leaders, all Durham MPP's and the area municipalities; and c) THAT the area municipalities be requested to endorse this resolution and forward similar resolutions to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Finance, Opposition Leaders and all Durham MPP's." Resolution #C-060-06 Moved by Councillor Robinson seconded by Councillor Foster THAT the resolution of the Region of Durham regarding Bill 206, Ontario Municipal Employees Retirement System, 2005, be endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Meeting Minutes -14- February 13, 2006 COMMUNICATIONS 0-10 C10.MO D - 11 C10.MO Municipality of Grey Highlands, advising Council that the Municipality of Grey Highlands on January 9, 2006, passed the following resolution: 'WHEREAS the Municipality of Grey Highlands considers the establishment of new renewable and non-renewable energy projects to have significant local !a~~ uS~.P!~~.fl~ng implications; AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy projects in Ontario from the Planning Act if they are an undertaking or c''''''s of undertakings within the meaning of the Environmental Assessment Act; AND WHEREAS it is the opinion of this Council that the Environmental Assessment Act and the associated proponent driven screening process does not adequately address matters of municipal interest; AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41 (Site Plan Control) of the Planning Act provide local Municipalities with the necessary authority to establish policy and regulations for new energy projects; THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Grey Highlands does not support the position of Bill 51 and their concerns be submitted on the Environmental Bill of Rights Registry at http://www.ene.Qov.on.va/envreqistrv/026868ea.htm; FURTHER THAT this resolution be circulated to all Ontario Municipalities seeking their support by submitting their concerns on the Environmental Bill of Rights Registry. n Stephen Keast, Clerk, Town of The Blue Mountains, advisi~g Council that the Town of The Blue Mountains on January 16, 2006, passed the following resolution: 'WHEREAS the Town of The Blue Mountains considers the establishment of new renewable and non-renewable energy projects to have significant local land use planning implications; AND WHEREAS Clause 23 of Bill 51 proposes to exempt all energy projects in Ontario from the Planning Act if they are an undertaking or class of undertakings within the meaning of the Environmental Assessment Act; Council Meeting Minutes -15;. February 13, 2006 COMMUNICATIONS AND WHEREAS it is the opinion of this Council that the Environmental Assessment Act and the associated proponent driven screening process does not adequately address matters of municipal interest; AND WHEREAS Section 17 (Official Plans), 34 (Zoning By-laws) and 41 (Site Plan Control) of the Planning Act provide local Municipalities with the necessary authority to establish policy and regulations for new '. --'~energVproJeCfs;. -''''------.--~~-, -~_~~~,,~"='.~_~.-h~__~ -~.~, ~~. . THEREFORE BE IT RESOLVED THAT Council of the Town of The Blue Mt'_~ntains does not support the position of Section 23 of Bill 51 for the aforementioned reasons and that the position of Council with regard to Section 23 of Bill 51 be submitted to the Environmental Bill of Rights Registry and forwarded to John Gerretson, Minister of Municipal Affairs and Housing, Donna Cansfield, Minister of Energy, Jim Wilson, Simcoe- Grey MPP and the Association of Municipalities of Ontario." Resolution #C-061-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Items 0 - 10 and D - 11 be referred to staff. "CARRIED" 0-12 Michael Angemeer, Chair, Durham Strategic Energy Alliance (DSEA), requesting confirmation of Clarington's representation on the newly formed Durham Strategic Energy Alliance Board of Directors. The Municipality has been well represented by Suzanne McCrimmon, Clarington Board, of Trade. The DSEA is in the process of registering as a non-profit corporation, which will be concluded early in the New Year. Mr. Angemeer is requesting that he receive a response by February 28, 2006. Resolution #C-062-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Councillor Foster be appointed as Clarington's representative on the newly formed Durham Strategic Energy Alliance Board of Directors. "CARRIED" Council Meeting Minutes -16. February 13, 2006 COMMUNICATIONS 0-13 C10.MO Diane Cane, County Clerk, Northumberland County, writing to Roger Anderson, President, Association of Municipalities of Ontario, advising that the Council of the Northumberland County on December 14, 2005, passed the following resolution: "NOW THEREFORE BE IT RESOLVED that Northumberland County putlhe Ontario Provincial Government on notice that we refuse to accept the transfer of administration and financial costs associated with .the OMERS program; AND FURTHER this transfer represents additional downloading on municipal governments which are already financially strapped due to programs downloaded by the previous Ontario government;' AND FURTHER that is motion be circulated to A.M.O., ROMA, Eastern and Western Ontario Warden's Caucus', the Provincial Government, MPP Dwight Duncan, Minister of Finance, Premier of Ontario Dalton McGuinty and all other levels of government in Ontario; AND FURTHER this motion be forwarded to AMO and ROMA for delegate discussion at the 2006 conventions." Resolution #C-063-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Diane Cane, County Clerk, Northumberland County be advised of actions taken by the Council of the Municipality of Clarington regarding the OMERS Program. "CARRIED" 0-15 Cathy Pitcher, Executive Assistant, Board of Governors, Durham College, inviting the submission of name(s) of any individual(s) that would be an effective Governor of the College. Ms. Pitcher has provided a copy of the College's Values and Mission Statement. The College has three vacancies for the term beginning September 1, 2006 and is seeking candidates. Candidates should posses one or more of the following qualifications: · experience in business, social services and/or health services . strong leadership skills . past and/or current community involvement . diversity inclusive of the community Letters of interest and resumes are to be received by February 17, 2006. Council Meeting Minutes -17- February 13, 2006 COMMUNICATIONS Resolution #C-064-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item 0 - 15 be referred to staff. "CARRI ED" MOTION NOTICE OF MO-'ON REPORTS Report #1 - General Purpose and Administration Committee Report - February 6, 2006 Resolution #C-065-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of February 6, 2006, be approved with the exception of Item #4. "CARRIED" Councillor MacArthur stated a pecuniary interest regarding Item #4, vacated his chair and refrained from discussion and voting on the subject matter. Councillor MacArthur is a resident of Beech Avenue. Resolution #C-066-06 Moved by Councillor Schell, seconded by Councillor Trim (a) THAT Report PSD-012-06 be received; THAT no further financial resources be spend on the Heritage Conservation District Plan through consultants; THAT the draft Bowmanville Heritage Conservation District Plan be adopted as the Old Bowmanville (North Ward) Heritage Guidelines for use as a resource document by residents; THAT any interest parties or delegation be advised of Council's decision; Council Meeting Minutes -18- February 13, 2006 REPORTS (b) THAT a Beech Avenue Heritage Conservation District Plan be drafted to reflect the request of the Beech Avenue residents for designation of a Heritage Conservation District under Part V of the Ontario Heritage Act (Attachment 2 to Report PSD-012-06), subject to 100 percent sign-off on designation; THAT the Beech Avenue Heritage Conservation District By-law be adopted. when the specific Beech Avenue Heritage Conservation District Plan has been drafted; THAT;ctJon reconstructionofSeech Avenue, no further dollars be spent beyond traditional road construction; and THAT the Beech Avenue Heritage Conservation District be reviewed approximately three years after it comes into force. "CARRIED AS AMENDED LATER IN THE MEETINGft (SEE FOLLOWING AMENDING MOTION) Resolution #C-067 -06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the foregoing Resolution #C-066-06 be amended by deleting the words "subject to 100 percent sign-off on designation" and substituting them with the following: "and that no further Historical District Plans be considered until the three year review of Beech Avenue has been completedft. "CARRIED ON THE FOLLOWING RECORDED VOTEft Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor MacArthur "" Councillor Pingle "" Councillor Robinson "'\ Councillor Schell "'\ Councillor Trim "'\ , Mayor Mutton , Resolution #C-066-06 was then put to a vote and "CARRIED AS AMENDEDft. Council Meeting Minutes -19- February 13, 2006 REPORTS Report #2 - Report PSD-018-06 - Municipality of Clarington Comments - DurhamNork Residual Waste Disposal Study - Proposed Terms of Reference for the Environmental Assessment Resolution #C-068-06 Moved by Council.lor Robinson, seconded by Councillor Pingle THAT Report PSD-018-06 be received; THAT the letter f.....rn the Director of Planning Services to the Ministry of the Environment, dated February 6,2006, and attached to Report PSD-018-06 as Attachment 1 be endorsed as the comments of the Municipality of Clarington on the Proposed Environmental Assessment Terms of Reference for the DurhamNork Residual Waste Disposal Planning Study; and THAT a copy of Report PSD-018-06 and Council's resolution be forwarded to the Ministry of the Environment, Environmental Assessment and Approvals Branch and the Region of Durham Works Department. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-069-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the foregoing Resolution #C-068-06 be amended by adding the following new third paragraph: "THAT the Council of the Municipality of Clarington further requests that the proposed Environmental Assessment Terms of Reference for the DurhamNork Residual Waste Disposal Planning Study be amended by including in the Study Area, the Wesleyville site owned by Ontario Power Generation in the Municipality of Port Hope;" and by adding the following wording to the fourth paragraph: "and all area municipalities in Durham Region, York Region and Northumberland County." "CARRIED" Resolution #C-068-06 was then put to a vote and "CARRIED AS AMENDED." Council Meeting Minutes -20- February 13, 2006 ' UNFINISHED BUSINESS Resolution #C-070-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegation of Maurice Richards, President and Laura McDonald, Executive Director, Clarington Older Adults Association be referred to staff to review a) the parking plan in conjunction with the Heritage Conservation District and b) their request to have a representative of the Clarington Older Adults Association be appointed to the Horitage Designation Committee. "CARRIED" Resolution #C-071-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the Rules of Procedure be suspended to allow for the introduction of a motion of new business at this time. "CARRI ED" Resolution #C-072-06 Moved by Councillor Foster, seconded by Councillor Schell THAT staff investigate and report on potential streetscape improvements along Highway 2 in Courtice from Townline Road to Courtice Road. "CARRI ED" OTHER BUSINESS Resolution #C-073-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Council recess for five minutes after which time the meeting be "closed" to consider a Confidential Verbal Report of the Chief Administrative Officer regarding a personnel matter. "CARR I ED" The meeting reconvened in "open" forum at 9:10 p.m. Council Meeting Minutes -21- February 13, 2006 BY-LAWS By-law 2006-034 was distributed to Council as a handout. Resolution #C-074-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-022 to 2006-034, inclusive and that the said by-laws be now read a first and second time: 2006-022 being a by-law to authorize a contract between the Corporation of the MUl1icipality of Clarington and Hard-Co Construction Limited, Whitby, Ontario, to enter into agreement for the Hampton Pond Recovery 2006-023 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (2075568 Ontario Inc. and Middle Road Developments) . 2006-024 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ridge Pine Park Inc.) 2006-025 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2006-026 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2006-027 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2006-028 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2006-029 being a by-law to exempt a certain portion of Registered Plan 40M-2113 from Part Lot Control (Condor Developments Ltd.) 2006-030 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON 2006-031 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarington Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON Council Meeting Minutes -22- February 13, 2006 BY-LAWS 2006-032 being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and the Estate of John Ulrich, in respect to the purchase of 68 East Beach Road, Smart Estate, Plan, Block A, Part Lot 5, Part Lot 9, Broken Front Concession, former Town of Bowmanville 2006':033--oeing a by-law to uRepeal By':law 20IT5-2f7~_.._-_n_..'.' 2006-J34 being a by-law to authorize the execution of a Letter of Agreement 'br&;.".'een the Municipality of Clarington and Her Majesty the Queen in right of the Province of Ontario represented by the Minister of Transportation for the Province of Ontario "CARRIED" Resolution #C-075-06 Moved ,by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-022 to 2006-034, inclusive be approved. "CARRIED" CONFIRMING BY-LAW Councillor MacArthur stated pecuniary interests earlier in the meeting, and refrained from voting on the confirming by-law. Resolution #C-076-06 Moved by Councillor Schell, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-035 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 13th day of February, 2006, and that the said by-law be now read a first and second time. "CARR I ED" Council Meeting Minutes CONFIRMING BY-LAW Resolution #C-077 -06 Moved by Councillor Schell, seconded by Councillor Foster THAT the third and final reading of By-law 2006-035 be approved. -23- February 13, 2006 "CARRIED" ADJOURNMENT Resolution #C-07~,.06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 9:10p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE FEBRUARY 27, 2006 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1-1 Gary Dussledorp, President, Local 3139, Clarington Firefighters Association, writing to Council regarding Bill 206 - The Ontario Municipal Employees Retirement System Act, 2005. The Association feels that it is important to clarify the matter of costs as they relate to "optional benefits" as described within the Bill for the police, fire and paramedic sectors. Bill -2-06-was'amended-'(Section-1'0.'1 } to-Iimit.the-ntlmber of benefits'available to three areas, increased accrual rate (2.33%), retirement factors (80 or 85 factor) and, better averaging salary formula (best 4 years or best 3 years). AMO still insists to count on a wide variety of costly benefits that are not prescribed within the Bill (Le. 25 and out). Accessing these benefits will not even be a reality until 2008, should the Bill pass this spring. Further Bill 206 limited the parties to negotiating only one benefit every 36. months. It is also important to note that the employee will be responsible for 50% or the same cost associated with the benefit as the employer thereby limiting the desire due to our own financial restrictions. It is their hope that Council will no longer support AMO's continued attempts to mislead the public about the financial effects of this legislation. 1-2 The Honourable Harinder Takhar, Minister of Transportation, writing to John O'Toole, MPP, Durham, regarding the completion of Highway 407 in Durham Region. Mr. Takhar understands that regional ministry officials advised Durham Region that the completion of the 407 East Environmental Assessment (EA) study is a priority and that the ministry is proceeding with the individual EA. In January 2005, the Minister of the Environment approved the Terms of Reference for the study. They are currently moving forward with the next phase of the EA study, which will examine all opportunities, including roads and transit, to address transportation needs in Durham Region and the surrounding areas based on a 30-year planning horizon. He also understands that Durham Region was made aware that this study would take approximately three years to complete due to its size and complexity. Once an EA approval is obtained, the design and construction phase can be planned and opportunities for acceleration can be explored. 1-3 Debi Bentley, City Clerk, City of Pickering, providing Council with a copy of their Report PO 09-06, Places to Grow - Better Choices, Brighter Future. Proposed Growth Plan for the Greater Golden Horseshoe. I - 4 Rick Lea, Executive Director, Durham Region Local Training Board, providing Council with a copy of the final Durham Region Trends, Opportunities & Priorities (TOP) Report 2005. Based on community consultations last fall, the report highlights nine key training and adjustment issues for the region, current and proposed actions to address Summary of Correspondence ~2- February 27, 2006 these needs, and a status report indicating progress on each issue. It is . the foundation document for our community labour force planning efforts. I - 5 Minutes of the Agricultural Advisory Committee of Clarington meeting dated January 12, 2006. (Copy attached) I - 6 Brian Hewson, Chief Compliance Officer, Ontario Energy Board, writing to Council regarding the quality of electricity service by Hydro One and the possible assumption by Veridian Connections of the Hydro One Networks service area within the Municipality. In response to a Council Resolution . -OUhe.Municipality-receivedat-tneOntario Energy Board onJanuary 31, 2005, regarding concerns in Bowmanville, the Compliance Office had contacted Veridian and Hydro One. Both companies indicated that discussions on steps to be taken to address reliability were underway. With rt:igard to the acquisition of Hydro One's service area, this is a matter between the distributors. Once an agreement is reached an application may be made to the Board under the Ontario Energy Board Act for approval of the sale and necessary amendments to service areas. The Board does not have authority to undertake such actions on its own motion. I - 7 John Adams, Mayor, Municipality of Leamington, OSUM, inviting Council to the 53rd Annual OSUM Conference and Trade Show being held from May 3 - 5, 2006. I - 8 Minutes of the Ganaraska Region Conservation Authority meeting dated February 17, 2006. (Copy attached) I - 9 Dr. Leith Douglas, thanking Council for the beautiful portrait of Dr. Tilley. Dr. Douglas advises that he will present the portrait to the Ross Tilley Burn Centre in the near future. I - 10 Association of Municipalities of Ontario, advising Council that the Minister of Community and Social Services, Sandra Pupatello, announced changes to the Ontario Disability Support Program (ODSP) that are aimed at improving employment opportunities for ODSP recipients and their families. These include child care support, health benefits and an opportunity for clients to keep more of what they are earning. It can be expected that municipalities will be responsible for cost sharing a number of the employment incentives and that increased administrative costs will likely also result. While AMO supports the Government's efforts in improving the lives of people receiving social assistance, fundamentally, AMO is opposed to what is increasingly recognized as bad public policy- namely municipalities funding a service that is a provincial responsibility. Municipalities continue to be exposed to provincial costs for a program that they have no control over through the current provincial-municipal cost ~hare of the ODSP. I - 11 Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated February 8, 2006. (Copy attached) Summary of Correspondence -3- February 27,2006 1- 12 The Honourable' Dwight Duncan, Minister of Finance, advising Council of important decisions for the 2006 taxation year related to education tax rates and municipal flexibility in setting tax policy. The government is again holding the line on education taxes ensuring that, on average, homeowners and businesses will not see an increase in the education portion of their property tax bills. The uniform residential education tax rate will be lowered to offset the average increase in residential assessed values across the province. The business education tax rates for 2006 will also be reset to account for the results of the 2006 reassessment on a municipality-by-municipality basis. The government will also provide municipalities with the flexibility they need to manage the impacts of the 2006 reassessment. Municipalities will be able to use this flexibility to avoid reassessment-related tax shifts among property classes and ease the property tax burden on residential property taxpayers. Also for 2006, municipalities with property classes subject to the levy restriction will have the flexiollity to apply a municipal tax increase to those classes of up to 50 percent of any increase applied to the residential class. I - 13 Minutes of the Kawartha Conservation Authority meeting dated January 18, 2006. (Copy attached) 1- 14 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting held on January 10, 2006. (Copy attached) I - 15 Minutes of the Clarington Agricultural Advisory Committee meeting dated February 9, 2006. (Copy attached) 1- 16 Minutes of the Clarington Older Adult Association Board of Directors meeting dated February 10, 2006. (Copy attached) I - 17 Willie Woo and Donna Metcalf-Woo, Clarington Polar Bear Swim Organizers, thanking Council for their support and especially staff of Clarington Fire Station #2, who volunteered their time to ensure that any emergency situation would be capably handled at the 4th Annual Clarington Polar Bear Swim. 1 - 18 D. Miller, Mayor, City of Toronto, providing Council with a copy of their report on the Proposed Growth Plan for the Greater Golden Horseshoe. CORRESPONDENCE FOR DIRECTION 0-1 Joan Paul, Secretary, Kendal Community Care, requesting Council's approval to hold a parade on Kendal Day, July 15, 2006. (Motion to approve provided the organizations apply for and obtain a Road Occupancy Permit) Summary of Correspondence - 4- February 27, 2006 0-2 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting the closure of King Street from Scugog Road to George Street, Temperance Street from Church Street to the hole in the wall, and Division Street from the municipal parking lot entrance to the Royal Bank parking lot for the following 2006 events: Maple Festival and All That Jazz Friday, May 5 at 8:00 p.m. (Temperance Street from King Street to Church Street) and as above from 9:00 p.m. until Saturday, May 6, at 7:30 p.m. Fabulous Fifties Festival Friday, June 23 (Temperance Street from King Street to Church Street from 4:00 p.m. until 9:45 p.m.) and as above on Saturday, June 24 from 5:00 a.m. until 8:00 p.m. August Midnight Madness Friday, August 11 from 5:00 p.m. until August 12 at 12:30 a.m. Apple Festival and Craft Sale Friday, October 13 (Temperance Street from King Street to the hole in the wall at 7:00 p.m., Temperance Street from King Street to Church Street at 8:00 p.m.), and as above from 9:00 p.m. until Saturday, October 14 at 8:00 p.m. Moonlight Magic Evening Friday, December 1 (Temperance Street from King Street to Church Street at 4:30 p.m.) and as above from 6:00 p.m. until December 2 at 12:30 a.m. In addition, in order to facilitate their newest event, the Easter Egg Hunt and Lion's Club Easter Brunch, he is seeking permission to close the 20 King Street East parking lot from 7:00 a.m. until 3:00 p.m. on Saturday, April 15. Mr. Gilpin is also requesting that Council arrange for the in-town bus service to be free during the Apple Festival and Craft Sale from 8:30 a.m. until 5:30 p.m., Saturday, October 14, 2006. (Motion to approve road closure requests provided organizers apply for and obtain a road occupancy permit and to refer the request for the free bus service to Durham Transit) Summary of Correspondence -5- February 27,2006 D - 3 Gary Vandergaast, Port Granby Project Manager, AECL, Low-Level Radioactive Waste Management, writing to Dr. Sarwan Sahota, answering questions pertaining to the South East Clarington Ratepayers' Association. (Motion to forward correspondence to the Director of Planning Services) D - 4 Gary Vandergaast, Port Granby Project Manager, AECL, Low-Level Radioactive Waste Management, writing to John Stephenson addressing the following issues regarding the South East Clarington Ratepayers' Association: . Cover and base are integrated, multi-layer systems; . Similar option assessed and minimal advantages determined; . CApillary drainage system in use worldwide; . Excavated native till to be separated before use in drainage system; . Base liner construction methods have progressed; and . Reducing differential settlement. (Motion to forward correspondence to the Director of Planning Services) 0-5 Karen Landry, Clerk, Town of Halton Hills, advising Council that the Town of Halton Hills on February 6, 2006, passed the following resolution: "WHEREAS FCM and other national organizations have identified that Municipal Infrastructure is under funded by close to 60 Billion dollars; AND WHEREAS under the "Federal Gas Tax Funding" much needed revenue has started to flow for Municipalities to use for items such as roads; . AND WHEREAS the "Federal Gas Tax Funding" could provide a stable source of long term funding for Municipalities of all sizes all across Canada; AND WHEREAS the Town of Halton Hills share of the "Federal Gas Tax Funding" is scheduled to be almost 4 Million dollars over the 5 year life of the program; AND WHEREAS the Town presently has over 47 Million dollars in Capital projects in road related projects; AND WHEREAS the program has allowed previously unfunded Road and other capital projects to receive funding and fall within our forecasts; NOW THEREFORE BE IT RESOLVED THAT the Council for the Town of Halton Hills hereby requests that the Government of Canada make the "Federal Gas Tax Funding" for municipalities a permanent program; Summary of Correspondence - 6- February 27,2006 AND FURTHER THAT the Prime Minister and all Members of Parliament for the Government of Canada are hereby requested to enshrine the "Federal Gas Tax Funding" in legislation; AND FURTHER THAT the permanent amount continue to be raised to a minimum of 5 cents per litre; AND FURTHER THAT the amount per litre be reviewed in the fifth year and any proposed changes be done with input from Groups like FCM and Provincial Municipal Organizations; .' -"~,~"",:=~-:'"""',"",,"'-.',,,-:".. "-~~~.:::~-:"".-- ._':::~=---"'7-. ~_.,,......_~~~-.~~,,-. '_"--- -,.- -.-''''":=,-''''~;''':-, _-_'=':=..c-~,,_-~-e.-_. -'-",:..--, _-_'.:-~ AND FURTHER THAT this resolution be sent to the Prime Minister and the other party Leaders of the House of Commons for their consideration and support; AND FURTHER THAT this resolution also be forwarded to the Minister of Intergovernmental Affairs, the Minister for Sport, Mike Chong MP Wellington-Halton Hills as well as the other Halton Area MP's for their consideration and support; AND FURTHER THAT it also be forwarded to FCM and AMO for their support and circulation to all member Municipalities." (Motion for Direction) D - 6 Tom Taylor, Mayor, Town of Newmarket, challenging Council to join him on April 23, 2006, in making a difference in the lives of thousands of our mutual citizens and participate in the upcoming Super Cities WALK for MS. This community-based, family-oriented event takes place each spring, raising more than $5 million across Ontario for multiple sclerosis research and services. He encourages us to join him by forming a team of staff and constituents, family and friends, and other supporters in the community. Mayor Taylor will be making a formal challenge to Mayors across Ontario at the WALK rally on February 4,2006. (Motion for Direction) o - 7 Agricultural Advisory Committee, advising Council that on February 9,. 2006, they passed the following resolutions: a) "THAT a policy be adopted by Council that in the event that a suitable sized culvert is required at a legal existing entrance to a field due to ditching or road improvements, the cost of the culvert and installation be borne by the Municipality." Summary of Correspondence - 7- February 27,2006 b) "THAT Clarington Council forward a request to the Region requesting that a policy be adopted by Regional Council whereby in the event that a suitable sized culvert is required at a legal existing entrance to a field due to ditching or road improvements on a regional road, the cost of the culvert and installation be borne by the Region." c) "WHEREAS farm property owners in Clarington have had the extra burden of increases in property taxes more than other municipalities; and '~WHEREAS, added,-to,the crisis~resulting from'low'commodity'prices and unfair competition of subsidized agricultural imports, and loss of markets caused by B.S.E. disease; and \t:;~EREAS the input costs of energy, labour, taxes etc. have made profitability and sustainability impossible for agriculture; and WHEREAS all levels of government have failed to adequately support agriculture (however, some municipalities have deferred the farm property taxes for 2006 until after harvest in 2006); THEREFORE be it resolved that the Agricultural Advisory Committee request Clarington Council to defer the 2006 taxes on farm properties until after December 1, 2006." d) "THAT Clarington Council be requested to forward the decision to defer the 2006 taxes on farm properties until after December 1, 2006, to Regional Council for similar action by the Region." (Motion for Direction) D - 8 Nancy Michie, Clerk Treasurer, Municipality of Morris-Turnberry, advising Council that the Municipality of Morris-Turnberry passed the following resolution: "WHEREAS, the events of the 2000 water crisis in Walkerton and hurricane Katrina have placed increased pressure on the municipal insurance companies; AND WHEREAS, municipalities are experiencing significant increases in the cost of municipal liability insurance premiums for the year 2006, in the range of 15 - 50%, with some accounts increasing over 50%; AND WHEREAS, a significant factor in the cost of municipal liability insurance relates to the "Joint and Several Liability issue", included in the Negligence Act R. S. O. 1990; AND WHEREAS, there are significant increases which are due to unacceptable claims and costs and judgements, in regards to municipal liability; Summary of Correspondence -8- February 27,2006 AND WHEREAS, Ontario municipalities must be accountable to the taxpayer and rising insurance premiums creates a major difficulty for Municipal Councils, to control property tax increases; AND WHEREAS, the Court decisions in Ontario has directed Municipalities and the insurance carriers to pay exorbitant settlements for claims against Municipalities and have mandated a municipality to pay 100% of a loss where a municipality is found to be only 1 % liable; AND V\!HEREAS, thePwvince of Ontario bas the ability to amend the Negligence Act to limit a court claim settlement, if a municipality is found only partially liable; BE IT r:[:SOL VED THAT the Council of the Municipality of Morris- Turnberry requests that the Government of Ontario review and amend the Negligence Act R.S.O. 1990, to place limits on court claim settlem,ents, where a Municipality is found only partially liable; , AND FURTHER THAT this resolution be forwarded to Premier Dalton McGunity, The Honourable John Gerretsen, the Minister of Municipal Affairs and Housing and the Association of Municipalities of Ontario and to all municipalities in Ontario, for support." (Motion for Direction) 0-9 Kirk Corkery, Chair and Tariq Asmi, Executive Director, GTA/905 Healthcare Alliance, advising Council that GTA/905 hospitals once again are not receiving a fair share of funding to locally meet the health care needs of their growing number of residents, but it now appears that there will be neither growth nor any efficiency adjustment for Ontario hospitals. They are requesting Council to ask the Premier and the Minister of Health and Long-Term Care, where is the growth funding that was committed to in July 2005? What is Ontario's plan for meeting the health care needs of Ontario's growing population? And, in the bigger picture and of concern, how will Ontario's 30 year plan for growth per Places to Grow succeed and create another generation of economic growth by attracting investment and jobs if these high growth communities do not have local access to health care services? (Motion for Direction) 0- 10 Martha Rutherford Conrad, Administrator, Clarington Museums and Archives, advising Council that the Clarington Museums and Archives Board passed a resolution on December 7,2005, meeting in which they approved the use of $20,000.00 from the Museum' Reserve Funds for the purpose of constructing exhibit walls at the Sarah Jane Williams Heritage Centre. The original intent of the Reserve Funds for the Bowmanville Museum was the re-building of the Carriage House in order to alleviate a space shortage for archival storage and exhibits. The Sarah Jane Williams Heritage Centre at 62 Temperance Street has fulfilled this need; consequently, the Museum Board would like to use a portion of these Summary of Correspondence -9- February 27,2006 funds to improve the exhibit space in this centre. The new exhibit walls need to be in place for the opening of Window Dressing by Jane Eccles on April 24, 2006. (Motion for Direction) " 1-5 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, JANUARY 12, 2006 MEMBERS PRESENT: Tom Barrie Gary Jeffery Neil Allen Jennifer Knox Eric Bowman Bill Hasiuk Brenda Metcalf Ted Watson John Vaneyk Gerald Brown STAFF: Faye Langmaid Susan Hajnik REGRETS: Councillor Gord Robinson Marlene Werry, Durham Region ABSENT: Dave Davidson GUESTS: Peter Doris, OMAF, Nutrient Management Regulations Chair called the meeting to order at 7:30 p.m. " ' Welcome and introductions. Adoption of AQenda 06-01 Moved by John Vaneyk, seconded by Eric Bowman 'That the Agenda for January 12, 2006 be adoptedn Approval of Minutes 06-02 Moved by Brenda Metcalf, Seconded by Gary Jeffery "That the minutes of the December 8, 2005 meeting be approved.n Agricultural Advisory Committee of Clarington January 12, 2006 GUEST: Peter Doris, OMAF The Nutrient Management Act was passed in 2002 and provided for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development. The Regulation was amended in September 2005 addressing concerns of the agricultural community while maintaining government commitment to safe, clean drinking water. Nutrient Management Strategy (NMS) describes generation, storage and destination of prescribed material. Nutrient Management Plan (NMP) details how all nutrients are to be applied to a given land base. Summary of September 2005 Amendments: . ANY application for a building permit for a NEW OR EXPANDING livestock barn and/or manure storage OR any earthen manure storage for greater than 5 NU approved NMS required . Only somefarms need a NMP. Must be phased-in (require NMS) and> or = 300 NU or municipal well within 100 m or apply non ag source material such as biosolids . Construction requirements for new and expanding solid storages less 600 m2 with walls less than 1 m high become PMP's except MUSST adhere to required setbacks to well, surface water, flood plain and tile drains and must have runoff management system . Some land application standards removed from regs to BMP category or for further study . Not all NMS and NMP will need to be approved . Use any agronomic software that meets nutrient management principles A farmer can treat all his property as one farm unit, or he can divide it into multiple farm units if there are multiple deeds. Any building permit application for a livestock expansion or manure storage facility greater than 5 NU will require an approved NM Strategy (includes storage made from earth). An NMS must be prepared by a certified individual. Farmers can either take a nutrient management course and become certified or hire certified consultant (list is available at http://www.omafra.qov.on.ca/enolish/nm/nman/consultlist.htm ) There is a Nutrient Management Financial Assistance Program for existing (not new or expanding) large Ijvestock operations (300 or more nutrient units). Agricultural Advisory Committee of Clarington January 12, 2006 BUSINESS ARISING FROM MINUTES Fred Horvath was unable to attend tonight's meeting, however, will be rescheduled. Councillor Robinson has sent a letter to neighboring municipalities regarding the Active Farming Signs. A letter has been sent to the Ministry of the Environment regarding spill' safety. A copy of this letter will be provided to members. Nancy Taylor is in the process of arranging for MPAC to do a presentation to Council. When the date for this is confirmed members will be advised. Tom Barrie will be before Council at the General Purpose and Administration meeting on January 23, 2006 to give his report on the Agricultural Committee's activities for the past year. On the schedule of meetings for 2006, please note that the date of the April meeting should be April 13, 2006. CORRESPONDENCE REPORT FROM RESPRESENTATIVES ON OTHER COMMITTEES DAAC DAAC has reviewed the Clean Water Act. Preliminary comments are being put together. There is concern at DAAC about new niles and regulations that are coming out now. Many involve an increased cost to the agricultural community at a time when farmers can least afford it. . OTHER BUSINESS MDS The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has proposed changes to the Minimum Distance Separation (MDS) Formulae. The MDS is a tool used to ensure a sufficient buffer between conflicting land uses, and is intended to minimize nuisance complaints from odour. Presently two formulae are use in determining minimum distance separations. When calculating the distance between a proposed new development and an existing livestock facility, MDS I is applied. When calculating the distance between a proposed new or expansion to an existing livestock Agricultural Advisory Committee of Clarington January 12, 2006 . facility and existing development, MDS II is applied. The following is a list of proposed changes identified by OMAFRA and Municipal Staff as being significant: Clarification of implementation guidelines to ensure greater consistency of implementation Changes so that livestock uses and non-farm development are treated equally Presently, the MDS formulae are weighted so. a livestock facility can be constructed closer to an existing development than a new development could be constructed to the same livestock facility. OMAFRA is proposing that the calculation be applied equally when either new development or a new livestock facility is proposed. Ministry review~ ')f MDS every five years This review is to ensure the document reflects current land use planning practices, technological innovation within the livestock industry, and' continues to meet the needs of the agricultural and rural communities. Allowance for the application of the MDS II expansion factor only after a minimum of three-years after the issuance of a building permit for livestock housing The expansion factor reduces the impact of an increase in livestock capacity of an existing livestock facility on the MDS formula. A new facility requires a greater MDS than a livestock facility which has been expanded to the same capacity of the new facility. The three-year time period prevents newer livestock facilities " from circumventing this distance requirement. Additional information to help Committees of Adjustment and municipalities assess requests for minor variances OMAFRA strongly recommends that no variance be granted except when proposed on an existing lot of record. Proposed development on existing lots of record must be considered based on site specific circumstances. More training and guidance for municipalities and other users of MDS Stronger encouragement of municipalities to apply MDS to existing lots of record MDS must be applied to new development; however there is no requirement that MDS must be applied to existing lot of record. Applying the MDS to all existing lots of record may significantly restrict or even prohibit the owners of some lots from developing a site. Alignment with existing nutrient management tools (e.g. base MDS on Nutrient Units) Agricultural Advisory Committee of Clarington January 12, 2006 Specifying absolute minimum distances between livestock barns and houses, and vice versa A minimum distance of 70 metres has been proposed, regardless of the scale of the livestock operation. This will impact smaller agricultural lots with non-farm residences abutting or in close proximity to the lot. OMAFRA has proposed that the distance separation not apply to livestock facilities under 10 square metres, and does not consider the MDS applicable to structures such as stockyards, field shade, or loading chutes. Minor changes to separation distances, where warranted (e.g. slightly larger separation distances for hobby farms with livestock, and slightly larger separation distances for some commercial sized operations such as segregated early weaning (SEW) sow barns) Requirement of MDS for manure storages, where no livestock are present on the property " Requirement of MDS for anaerobic digester systems located on farms The MDS is to be applied when new development is proposed near an empty livestock facility as the site still has the potential to be used. OMAFRA is strongly encouraging the application of minimum distance separations from new livestock facilities to existing development when located within a settlement or urban area. , , Presently the MDS is not applicable within urban or settlement areas. OMAFRA suggests it is possible to apply MDS from proposed development to existing livestock facilities within an urban area, but that is not strongly advised. An amendment to Zoning By-law would be required to apply the MDS to new livestock facilities within an urban or settlement area. The existing MDS includes a computer software program to assist in determining appropriate separation distances. OMAFRA will make revised and improved software available to municipalities and other stakeholders at the time that the new MDS is implemented. OMAFRA is also developing educational materials that will accompany the final new MDS document. Gary Jeffery and Tom Barrie will meet with Municipal staff on Jan 23rd following GPA to formulate a response to the recommendations. FARM CONNECTIONS Farm Connections 2006 is being held April 4, 5, 6 at the Brooklin Arena. This event has been organized to provide information about, and increase awareness regarding agriculture and food production. Fourty-eight Grade 3 classes have been chosen to Agricultural Advisory Committee of Clarington January 12, 2006 . I' .. attend the farm education sessions, which run for 2.5 hours and feature the following stations; honey; apples; agricultural technology, dairy production/cheese-making; pork; beef; agriculture then and now; and crop production. Students will rotate through the eight stations, and farmers will be at each station to talk to students and answer their questions. To complete the sessions, there will be a live cow milking demonstration and singing of the program's theme song. The program is similar to that run in neighbouring regions where it has become a very successful annual event. This is the first year for the event in Durham, and the fact that the classes were all signed up in two weeks is an early indication that it will prove to be successul as well. Farm Connections is sponsored in part by Durham Region Commodity Organizations, Ontario Power Generation, Durham Region Federation of Agriculture and Durham Region's Economic Development and Tourism Department. FUTURE AGEf\!~.'\S February 2006 By-law Enforcement March 2006 Alec Connor - Public Health AI Stiver - Public Health "Motion to adjourn" CARRIED Meeting adjourned 9:30 pm. Agricultural Advisory Committee of Clarington January 12, 2006 ," ~ 1-8 GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE ANNUAL MEETING FEBRUARY 17, 2005 The Chair called the 2005 annual meeting to order at 7:20 p.m. and welcomed all in attendance. MEMBERS PRESENT: Brian Fallis, Bill MacDonald, Raymond Benns, Mark Lovshin, Forrest Rowden, David Marsh, John Mutton, Charlie Trim ALSO PRESENT: STAFF: Linda Laliberte, General Manager/Secretary-Treasurer Mark Peacock, Watershed Services Coordinator . Marc Desjardin, Fisheries Biologist Magdi Widattalla, Watershed Hydrogeologist Ken Towle, Ecologist Chris Wilkinson, GIS SpeCialist Bill Newell, Resource Technician Greg Wells, Watershed Planner Dave Macpherson, Water Resources Technologist Michelle Giddings, Bookkeeper Linda Ryan, Communications Specialist George Elgear, General Superintendent Steve McMullen, Forest Recreation Technician Ryan Burnside, Forest Centre Technician Winnie Finnie, Forest Centre Cook Bob Penwell, Forester Rebecca Whitman, Outdoor Education Instructor Ryan Goodall, Outdoor Education Instructor OTHERS PRESENT: Ian Macnab, Kawartha Region Conservation Authority Alex Ruth, Kawartha Region Conservation Authority Glenn Tozer, Auditor, Lynch Rutherford Tozer Ian Tate, Chair, Ganaraska Forest Recreational Users Press Members of the Public ABSENT WITH REGRETS: Pam Jackson, Cal Morgan, John Morand ALSO ABSENT: 2004 Business: .,./ Annual Meeting - February 17. 2005 Page 2 1. Opening Remarks The Chair, John Mutton, welcomed guests to the Conservation Authority's 2004 Annual Meeting and introduced Authority members, staff and visiting Conservation Authorities. ,2. Disclosure of Interest: There were no disclosures of interest. 3. Minutes of 2004 Annual Meeting: MOVED BY: SECONDED B'. . Forrest Rowden Mark Lovshin THAT the minutes of the February 19, 2004 Annual Meeting be approved a~ circulated. CARRIED. 4. Reports: i) Presentation of the 2004 Annual Report John Mutton presented the 2004 Annual report including highlights of the year. He also thanked the members and staff for their dedication and continued commitment. MOVED BY: SECONDED BY: Charlie Trim Ray Senns THAT the Chair's report on the 2004 Annual Report be adopted as presented. CARRIED. ' ii) Presentation of the General ManagerISecretary-Treasurer's Report Linda Laliberte, General Manager/Secretary-Treasurer, presented her report to the members. She thanked the staff for their continued hard work and dedication and thanked the members and Chair on behalf of the staff for their support. MOVED BY: SECONDED BY: Dave Marsh Ray Benns THAT the General Manager/Secretary-Treasurer's report be received as presented. CARRIED. Hi) Presentation of Auditor's Report . Glenn Tozer representing Lynch Rutherford Tozer accounting firm and Linda Laliberte, General ManagerlSecretary,..Treasurer presented the 2004 Financial Statements. ,. .' Annual Meeting - February 17, 2005 Page 3 MOVED BY: SECONDED BY: Mark Lovshin Dave Marsh THAT the 2004 Financial Statements be adopted as presented. CARRIED. 5. Conclusion of 2004 Business: Presentation of service awards: Winnie Finnie with over 20 years and Linda Laliberte with 20 years of services. MOVED BY: SECONDED BY~ Mark Lovshin Forrest Rowden THAT the 2004 business of the Ganaraska Region Conservation Authority, be concluded and that the meeting adjourn. CARRIED. 2005 Business: 1. Election of Officers for 2005: MOVED BY: SECONDED BY: Brian Fallis Bill MacDonald THAT Ian Macnab be appointed the Election Chair. CARRIED. John Mutton relinquished the Chair to Mr. Macnab. MOVED BY: SECONDED BY: Forrest Rowden Dave March THAT Ian Tate and Alex Ruth be appointed scrutineers. CARRIED. MOVED BY: SECONDED BY: Dave Marsh Mark Lovshin THAT, in the event of an election, the ballots be destroyed by the scrutineers. CARRIED. I .., Annual Meeting - February 17, 2005 Page 4 MOVED BY: Forrest Rowden THAT John Mutton be nominated for the office of Chair of the Ganaraska Region Conservation Authority for 2005. MOVED BY: Mark Lovshin. THAT Forrest Rowden be nominated for the office of Chair of the Ganaraska Region Conservation Authority for 2005. Forrest Rowden ceclin'ed the nomination. Nominations were called for three times. MOVED BY: SECONDED BY: Dave Marsh Brian Fallis THAT nominations for the position of Chair be closed. CARRIED. John Mutton was declared the Chair of the Ganaraska Region Conservation Authority for 2005. MOVED BY: John Mutton THAT Forrest Rowden be nominated for the office of Vice-Chair of the Ganaraska Region Conservation Authority for 2005. Nominations were called three times. MOVED BY: SECONDED BY: Ray Senns Mark Lovshin THAT nominations for the position of Vice-Chair be closed. CARRIED. Forrest Rowden was declared Vice-Chair of the Ganaraska Region Conservation Authority for 2005. John Mutton assumed the Chair and thanked the members for their support. He stated he was looking forward to the next year. .. Annual Meeting - February 17, 2005 Page 5 2. Appointment of Banking Institution and Signing Officers: Dave Marsh requested that the banking services goto market in 2005. MOVED BY: SECONDED BY: Brian Fallis Charlie Trim **See Attached- CARRIED. 3. 2005 Borrowing Resolution - General Operating MOVED BY: SECONDED BY: Forrest Rowden Mark Lovshin **See Attached** CARRIED. 4. Appointment of Authority Solicitors: MOVED BY: SECONDED BY: Charlie Trim Forrest Rowden THAT the firm Brooks, Harrison, Mann, & McCracken, Port Hope, be appointed as the solicitor for the Ganaraska Region Conservation Authority for 2005 regarding general administrative and land matters. CARRIED. 5. Appointment of Authority Auditors: MOVED BY: SECONDED BY: Mark Lovshin Charlie Trim THAT the firm Lynch Rutherford Tozer, Port Hope, be appointed as the auditor for the Ganaraska Region Conservation Authority for 2005. CARRIED. 6. Appointment of Conservation Ontario Voting Delegate and Alternate: MOVED BY: SECONDED BY: Ray Benns Mark Lovshin ...1 Annual Meeting - F.ebruary 17, 2005 Page 6 THAT the Vice-Chair be appointed the Conservation Ontario voting representative and the General Manager/Secretary-Treasurer serve as the alternate. CARRIED. 7. Other Business: The General Manager/Secretary-Treasurer made an announcement in regards to the Northumberland Historical Society's Dinner marking the 25th Anniversary of the 1980 Flood. As well, she announced that tickets are on sale for the Ganaraska Forest Centre Conservation Dinner. 8. Adioum: MOVED BY: Brian Fallis THAT the 2005 business of the Annual Meeting be concluded and the meeting adjourn. CARRIED. The meeting adjourned at 7:45 p.m. CHAIR ~JLQ/2~Cf.o G NERAL MAN GERI SECRETARY~REASURER · ClflLi[Jgtnn I - 11 DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE CAC MEMBERS PRESENT: Vice-Chair - Linda Gasser Fred Biesenthal Mark Canning Bill Harford Staff in Attendance..: Sharon Norris - Recording Secretary Janice Szwarz - Planning Services Absent: Bradford Soles, Ge"~~d Brown, Ron Hooper, George Khouri, Jim Schell, Leslie Benson - Engineering Services DATE: RE: .,-,...,. ... ...... ......... . "--,,. Agenda' Itehl " Welcome Resignation Review of Draft Minutes Review of Community Advisory Group Worksho Feb. Karina Isert (LACAC) Ross Libbey Murray Paterson February 8, 2006 HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE February 7,2006 Meeting No. 24 Meeting commenced 7:00 p.m. Welcome b Vice-Chair. Johanna deBoer's resignation from the Clarington Highway 407 Community Advisory Committee was forwarded to Council. It is presumed that her position willndt be filled until another committee is stru.ck. Page 1 - Add the 407 Project Website address to the minutes. - Include the fact that the Studio 2 video dealt with transportation issues in the GTA. Page3 - Change "Goods movement is primarily to the USA, therefore is does not make sense...." To "Goods movement is primarily to the USA, therefore it may not make sense..." - Add Service based and knowledge based industries to the examples of research firms. - The document referred to as the Recommended Directions document should be named the Population and Employment Urban Lands document. Amended minutes are attached. Mark Canning: 1. A good mix of people attended (some close to the process and some new to it). · CI!J!il!glOn DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE 2. Different viewpoints were brought to the table. 3. There was too much to do between just 9:00 and 2:00. 4. One'person was vocal, challenging the Needsodocument in draft format. 5. Facilitators were good. 6. Overall good process (all inclusive). 7. Hope to have more workshops. Would like the whole committee to be able to attend. Linda Gasser: 1. Happy to have a workshop. 2. Need to deal with issues separately. .Alternativeshave to solve problems; therefore a problem, statement needs to be completed first. ' , ' 3. No room to invite more of ourcomrnittee. We need to press for more members to be invited; Linda suggested be put a letter on record stating our interest and asking consideration for being invited to the next workshop. ..'.. :,'" ... : Please emaU Janice Szwarzyour comments for inclusion in a le.tter to the Ministry regarding our participation in the nextworkshop. . 4. Information would be useful prior to the workshop - there was no review time. 5. Hal)d out material was provided. Linda to check with ,. Doug Allingham regarding the confidentiality of the material prior to release to committee members. 6. Good structure - could have doubled the number of attendees. 7. Focus on issues by public - good and productive. 8. Kept contentious issues in the "right" light. 9. Ministry staff were very frank. 10. TSH Rep that was behind the numbers for the definition report was at the table. 11. Tables were colour coded to ensure a good mix at each table. 12. Draft document "Problem Definition Report". When this is released we need time to review it to d~termine if roblems are stated in an a ro riate wa ,if Committee Members Linda Gasser · CI!![.J!Jgtnn ..... ....... .....-.. :, Agel1da'lt~ , Municipal Technical Advisory Committee Meeting (Jan. 17th) DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE opportunities are stated in an appropriate way and are there other opportunities we can look at. Br2dford Soles: Comments copied from email submission. The Workshop was extended an hour but they did have an aggressive agenda. Representatives and guests from the eF.c;cted communities and the committees were set into 3 groups. There were brief presentations from TSH and Gartner Lee to set the context of the meeting. The workshop was designed to brainstorm the alternative methods to address the transportation concerns in the Durham Regiph. Itjs a necessary part of the EA study and the discussion was qUite diverse in the ideas put forth from the various groups. Therewere 2 breakout sessions where the groups commented on the categories of alternatives and the criteria and measures to define those alternatives. , - Overall the exercise was a positive one.' TSH and MTO did get a lot of feedbackJrom th~,groupsand they are going to ",' incorporate it int? their pr()cessasthe EA progresses. The documentation is going to be posted on the website for viewing. The one thing that was a concern wa,s thatthe Matrix of the measure and criteria was quite large, and it was a struggle to do it justice in providing intelligent comments in the time frame given. They did recognize thatand will provide the documents in advance next time. The next step is likely a PIC (public informatiorl centre) in the spring. Janice updated on the MT AG meeting. Handouts provided. Janice's comments: Number of people who were aware of the Public Information Centres is important and provides an indication of the effectiveness of public consultation. Follow up with people who are directly affected but who are not participating to ensure they are receiving notification. Once alternative routes and the affected properties are identified - need to check notification list to ensure owners are receiving information. Transportation Assessment and Problem Definition appendices will be distributed within a few weeks. · ClfllillglOn DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE ',",.:;,>.,:::"."':C-',.',.:;;;:::.::..,, ,...A.g~nda:l. There needs to be an executive summary for the public and politicians. If growth estimates in the draft growth plan change then this needs to be addressed as a potential scenario. -.--------..---------.-. ---------------- --~-~--- Corridor Management Guidelines were released in October 2005. The first round of PICs at four separate locations within Durham Region (April) will show assessment of the alternatives. Work Plans are being updated - comments not requested. Linda dealt with the same document at the C,AG meeting., We need to look at problems in a different way. .'Thedocument focuses on congestion. Congestion is a symptom. 700/0 of auto trips have only one person in the vehicle, this is a'problem. What is the role for the Clarington Highway 407 CAC. Do we wait for something to happen and then respond to it or do. we delve in and be proactive." This kind of EA has: never been done before for a transportation project. There are expectations that things will be done differently this time. There is a different landscape in Durham. The existence of a highway does not mean economic rowth. Next Meetings March?,2006 Meetin Rom 10 I - 13 Minutes of Meeting # 1/06 2~ Annual Meeting Meeting #1/06, the 27th Annual Meeting of Kawartha Conservation, was held on Wednesday, January 18, 2006 at the municipal offices of the Township of Scugog. Chair Ruth called the meeting to order at 6:40 p.m. Present: Absent: Staff: Guest: Alex Ruth, Chair Donna Villemaire, Vice-chair Lynn Philip Hodgson Don MacArthur Blair Martyn Larry O'Connor, Vice-chair elect Guy Scott Audrey Holden John Huke Ian Macnab Wanda Stephen Jessie James Heather Surette Gene Chartier Twps. of Cavan-Millbrook-North Monaghan City of Kawartha Lakes Township of Scugog Municipality of Clarington T ownsh i p of Scugog (arrived at 6:55 p.rn:) Township of Brock Township of Galway, Cavendish & Harvey (arrived at 6:50 p.m.) City of Kawartha Lakes City of Kawartha Lakes Chief Administrative Officer Director, Corporate Services Watershed Resource Technician Aquatic Biologist Township of Scugog Chair Ruth welcomed everyone to the 27th Annual Meeting of Kawartha Conservation. Election of Chair and Vice-chair for 2006 Chair Ruth and Vice-chair Villemaire stepped aside and Ian Macnab assumed the chair for purposes of the elections. A motion to appoint scrutineers was sought and received. Res. # 1/06 Moved by: Don MacArthur Seconded by: Donna Villemaire Resolved, That, Jessie James and Heather Surette be appointed as scrutineers in the event of an election; and, That, ballots be destroyed following an election. CARRIED '-2- Nominations for the position of Chair were sought Alex Ruth was nominated. Following a further call for nominations three times and hearing none, a motion to close nominations was made and Mr. Macnab declared Alex Ruth the 2006 Chair. Res. # 2/06 . Moved by: Lynn Philip Hodgson Seconded by: Larry O'Connor Resolved, That, Alex Ruth be nominated for the position of Chair of Kawartha Conservation for the year 200S. Res. #3/06 Moved by: Donna Villemaire Seconded by: Larry O'Connor Resolved, That, nominations for the position of Chair of Kawartha Conservation for the year 2006 be closed. CARRIED Nominations for the position of Vice-chair were sought. Larry O'Connor was nominated. Following a further call for nominations three times and hearing none, a motion to close nominations was made and Mr. Macnab declared Larry O'Connor the 2006 Vice-chair of Kawartha Conservation. Res. # 4/06 Moved by: Don MacArthur Seconded by: Lynn Philip Hodgson Resolved, That, Larry O'Connor be nominated for the position of Vice-chair of Kawartha Conservation for the year 2006. Res. # 5/06 Moved by: Donna Villemaire Seconded by: Don MacArthur Resolved, That, nominations for the position of Vice-chair of Kawartha Conservation for the year 2006 be closed. CARRIED Having completed the elections of the Chair and Vice-chair, Mr. Macnab stepped down. Mr. Ruth and Mr. O'Connor came forward as Chair and Vice-chair. Both thanked the Board of Directors for the confidence and trust placed in them. -3- Formation of Executive Committee for 2006 Res. # 6/06 Moved by: Don MacArthur Seconded by: Lynn Philip Hodgson Resolved, That, the 2006 Executive Committee be composed of the Chair, Vice-chair, John Huke and Don MacArthur. CARRIED 200li Appointments to Friends of Kawartha Conservation and Conservation Ontario Res. # 7/06 Moved by: Larry O'Connor Seconded by: Lynn Philip Hodgson Resolved, That, Guy Scott and Alex Ruth be appointed to Friends of Kawartha Conservation to represent the Board for 2006. CARRIED Res. # 8/06 Moved by: Guy Scott Seconded by: Lynn Philip Hodgson Resolved, That, Alex Ruth be appointed as representative and Ian Macnab be appointed as alternate to Conservation Ontario for the year 2006. CARRIED Administrative Resolutions for 2006 Res. # 9/06 Moved by: Lynn Philip Hodgson Seconded by: Larry O'Connor Resolved, That, the Royal Bank (Lindsay Branch) be appointed as the bank of Kawartha Region Conservation Authority for 2006. CARRIED Res. # 1 0/06 Moved by: Don MacArthur Seconded by: Donna Villemaire Resolved, That, the Kawartha Region Conservation Authority may borrow from the Royal Bank, at the bank's prime rate of interest, up to the sum of ONE HUNDRED AND SEVENTY-FIVE THOUSAND ($175,000.00) DOLLARS necessary for its purposes until payment to the Authority of any grants and sums to be paid to the Authority by the participating municipalities; That, the normal signing officers of the Authority are hereby authorized to execute for and on behalf of the -4- Authority a promissory note or notes for the sum to be borrowed and to affix thereto the corporate seal of the Authority; That, the amount borrowed pursuant to this resolution together with interest there on at the Royal Bank's prime rate of interest be a charge upon the whole of the Authority by way of grants as and when such monies are received and of sums received or to be received by the Authority from the participating municipalities as and when such monies are received; and, That, the normal signing officers of the Authority are hereby authorized and directed to apply in payment of the monies bOirowed pursuant to this resolution together with interest thereon at the Royal Bank's prime rate ofinterest monies received by the Authority by way of grants, or sums received by the Authority from participating municipalities. CARRIED Res. #11/06 Moved by: Lynn Philip Hodgson Seconded by: Guy Scott Resolved, That, the firm of Warner & Cork Barristers and Solicitors, be appointed as the solicitor for Kawartha Region Conservation Authority for 2006; and, That, the Chair and CAO be authorized to review legal services as may be required from time to time and retain additional legal counsel as warranted. CARRIED Res. #12/06 Moved by: Larry O'Connor Seconded by: Lynn Philip Hodgson Resolved, That, the firm of Peter Shennett, Chartered Accountant, be appointed as the auditor of Kawartha Region Conservation Authority for the years 2006 through 2008. CARRIED Minutes of Meeting #9/05 Res. # 1 3/06 Moved by: Don MacArthur Seconded by: Lynn Philip Hodgson Resolved, That, the minutes of meeting #9/05 be adopted as received. CARRIED .. . .. .. -5- New Business The CAD informed the Board of Directors that there appeared to be confusion around source water protection planning. At least one Director had expressed concern at the municipal level about roles and responsibilities and the thought that source protection would result in large municipal costs. The CAD suggested that a Board meeting might be of benefit to clarify. Further, the CAD related that there was a situation in Port Perry with our Section 28 regulation that might benefit from having the applicant appear before the Board. The Board gave direction to hold a Board of Directors meeting on February 1st to deal with these matters. There being no further business, the meeting adjourned at 7:07 p.m. A time of recognition and fellowship followed. Alex Ruth Chair Ian D. Macnab Chief Administrative Officer The next meeting of the Board is scheduled for Wednesday, February 1st at 7:30 p.m. in the offices of Kawartha Conservation. I - 14 NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY JANUARY 10, 2006 AT 7:00 P.M. Present: David Best (V oting}---,---Jim Cleland' Joe McKenna Leanne Sobol Arthur Burrows n Allan Hewitt, Chair Karin Murphy, Vice Chair Also Present: Dianne Graham (Non-Voting) Greg Wells, GRCA Jennifer O'Donnell, Secretary Peter Windolf, Staff Regrets: Councillor Don MacArthur Cathrine McKeever 1. Agenda Additions There were no additions to the agenda. Acceptance of Agenda MOVED by David Best, seconded by Jim Cleland THAT the agenda for January 10, 2006 be accepted. CARRIED 2. Minutes of December 13,2005 Corrections There were no corrections to the minutes. Approval of Minutes MOVED by Karin Murphy, seconded by David Best THAT the minutes of December 13,2005 be approved. CARRIED 3. Issues arising from the Minutes Kaitlin Pond After Arthur reported that water was being pumped from the pond into the wetland, the Construction Branch was asked to investigate. They did not see this occuqingwhen they inspected the site. Arthur was asked to either take a photograph, or to contact Peter ifhe sees it occurring again. Information Kiosk An information kiosk is part of the 2006 budget submission for SWNA. The drawing of the kiosk has not been done yet. Valleys 2000 is having a similar type of kiosk built and perhaps the one at SWNA could be modeled after it. 4. Updates ~~. , The shelter is now under construction. Post holes and concrete were done the week of January 9th. Other work will be completed as weather permits throughout the winter, and the shelter will be completed before April 15th for Earth Day. Kraco has also been hired to install the viewing machine base, which will be bolted to a concrete pad, just east of the shelter. DEAC Nomination Joe has put together a draft submission for the DEAC Environmental Achievement Awards, in the Irene Kock Education/Communication Award category. Committee members were asked to review the draft submission and submit any comments by the end of the week to Peter. He will also approach the Newcastle Lions club for a letter of recommendation. s. Sub-Committee Updates Communications Discussion took place about possible articles for the winter edition of the newsletter. Information on the upcoming Earth Day events and the construction taking place tothe east ofthe nature area, as well as a possible article on winter ecology could be included. Greg will look into submitting something regarding winter ecology, while Peter will put together something on construction. Special Events The Committee discussed potential events that could be held on Earth Day. The consensus was that a fish theme would suit this year. Along with the shelter unveiling, fish related events could include an historical talk about the Wilmot Fish Hatchery and some kind of demonstration. Greg will talk to Marc Desjardin of the GRCA to see ifhe could speak at the event. The Special Events sub-committee will meet on February 6th to discuss the events further. 6. Other Business Possible Marsh Walkway System Information was received from a company who has done similar walkway work in Pickering. Due to the cost of the system, it would need to be a capital project, perhaps in 2007. The Committee could also seek sponsors to assist in the cost. Greg will review to determine if this type of elevated walkway wbuld be approved by GRCA. Birdhouses Jim has removed and cleaned approximately 14 birdhouses from the nature area. Most will be re-installed at their original location. Jim suggested that if some were located further from the lake, they may attract bluebirds. Operations will be requested to install four t-bars in the Foster Meadow. Three of the old birdhouses and one new one should be installed prior to spring. Adjournment: 8:00 P.M. Next Meeting: Tuesday February 14, 2006 7:00 p.m. Meeting Room 1A *Special Events Sub-committee will be meeting on Monday February 6th, 2006 at 7 pm in meeting room 1 C. This room must be accessed through the library doors. Notes prepared by J. O'Donnell 'OGFEB14 PM ;l:QO:58 I - 15 AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON MEETING THURSDAY, FEBRUARY 9,2006 MEMBERS PRESENT: Tom Barrie Neil Allen Gerald Brown Dave Davidson Ted Watson Councillor Gord Robinson Eric Bowman Bill Hasiuk Brenda Metcalf STAFF: Faye Langmaid Sharon Norris ~...... -.... $ .-.-........--.....----... ---"--:..-1__ . f.----~. - - 'L..~' ......-.- ...~.... .... ..,~'...... .-........._u__; '~~ t--'~.>o"~.~_., --.-.!-. '-.. ...,~.~ I ~ '"""""....".."'.~,.~ ....- " .i_.=.~:M",'''~-:~ ':'.._. ~,C . ._~ :....._.._~,.,- ._ 4 '. "':-~':~r~T!:.t.~~~,,, f. REGRETS: J h V k ,....'" o n aney, ..", ,..., .', Marlene Werr;y~Durham Regjpn GUESTS: .:::< Jennif~r Knox " Gary Jeffrey ,,'. ,. ABSENT: Patti. 8arrie,Munit:jp~iClerk Len Creamer. Senior Municipal Law Enforcement Officer Torn Vandrasco, Municipal Law Enforcement Officer Chair called the meetin~to order at 7:30 p.m. Welcome and intrc;:>ductions by Tom Barrie. . -". '- -:' " ; .~ '. ," Adoption of Aoe.nda 06-03 Moved by Gord Robinson seconded by Dave Davidson 'That the Agenda for February 9, 2006 be adopted" "CARRIEDn Approval of Minutes Minutes to be amended to correct the date to January 12. 2006. 06-04 Moved by Eric Bowman Seconded by Dave Davidson 'That the minutes of the January 12, 2006 meeting be approved as amended. " "CARRIEDn Agricultural Advisory Committee of Clarington February 09. 2006 CLERKS DEPARTMENT PRESENTATION Clerk's Department consists of three divisions: 1. Clerks: Council and GPA meetings and minutes 2. By-law Enforcement: By-law enforcement and parking 3. Animal Services Livestock valuator complaints should be called into the Clerks Department. The committee advised that they had heard of coyote damage hqwever Clerks has not received any complaints lately. .' . By-law Enforcement: ~-c,_::;,<., :: · Consists of 4 Municipal Law Enforcement Officers (M4EO) and 2 Parking Enforcement Officers ",.', · $95,000 generated in parking tickets in?Q05 (thii is con~i~<ered low due to the meters being out of service for construq~o'Il})r(."L:C< "'c",,' · Ticketing is done by automatic h9n.q7he,IQ.cjevi9:e~ (the '. tiqEel may not show a description of the vehicle being, ticket~d' .;;";~:i':: f,;:;:f;f ~.> -- -.... p'., . . . .,'..;:'....,.....:,,.,...,<..,:, """,,-;.:,,-. ,:;,;k"""">-- ,.-" ,. -:;,:,' '>'.',"..','.;. .., By-Laws (Hg~!b~cy.at~fen~~t.~~t)': ....:;",i,. "';,"F;<,:~""i. · By-laws ~J~.;p9ss~~qnly wh~re theJ:)r~vin~:?llows them to be. · By-laws Int~nt is tQCQl1trQtlf@solvelregql~tEb~~,,!!; · Complail]t~.i3re receiyed;fl(.)anonYrnQ~~ complaints accepted and they should be in writing (s8ITl~ vert;>~lare ~CP(;lpted). Property Standards complaints require a written submissiQn:,',' .,.:,';"i · Complain~nl~s iQ~.ntitY is Kept confidential. · Researchi~'lJnq(;lrtaken (Federal Government, case law). · By-law isd[Ci~ed using other municipality's by-laws as a template where applicable. · A report ~~~~nt to Council for their consideration of the by-law. · Council determines whether the by-law is adopted or not. · Local and regional by-laws can overlap (e.g. parking or tree cutting) Concerns Raised: Paint Ball complaint, chicken barn being used as commercial and wetland digging incidents appeared to received no action by Clarington By-law Enforcement. It was explained that investigating a complaint is a long and onerous process; one example took 7 years to complete, most require at least 3 to 4 weeks. By-law Enforcement reacts only to complaints, and although they have the right not to enforce their by-laws, all complaints are investigated. Tree-Cutting By-law: · Regional and local Tree Cutting By-laws were distributed to committee. · Regional by-law does not recognize agricultural operations as exempt from the by- law, where the local by-law does. · Regional by-law cannot be amended. In order to change it a total rewrite would be needed. Agricultural Advisory Committee of Clarington February 09.2006 · Committee was advised to call prior to removing trees for fence clearing or squaring fields, etc. Cutting trees for these purposes is generally not an issue, however a permit is required. · Local by-law describes a tree as any species that can attain 6m in height at maturity. 440+ trees/acre is considered a woodlot. · Tom Vandrasco will pass along contact information for Richard Zarek at the Regional Municipality of Durham to the committee. Sign By-law Sign By-law is tricky and has freedom of speech issues. Th~ Municipality will be rewriting the by-lay in the future. The Clarington Operations Department has taken on the task of clearing illegal signs within the road allowa,n9~ on Jh~;w~ekends ..... this falls under the Ro'ad Occupan cy"'By-:'law'.' u, ;.;,,>, ",:,;:;~, . .">;~~T;~~} :2'~:~,".; . . ;j:F::!..;~~t>.<,f~{: : -" ~,:;l~?~T.::~~;" . BUSI~ESS ARISING FROM MINUTES ...,-~,':'.:-',':,',J$".. Committee members met with Fred Horvath from Opefationsa"J)d Leslie Benson from Engineering. Roads being built will not tak~., out 'existingleg~1 entrances. The Committee is to draft a list of their wants,When Qonstrupting a f~.rm~ntrance. Gord Robinson,,. resolution on,havir'lg ~n9ineering attend to discuss withdrawn. " <,c;:":~"[~\~'}f;..cL;' ' ;'" .".....:' ...... >,' ...-,:~y': Bill Hasiuk "'7J~s.o.lutioO ()11 grandfathering of fi~Jq'f3ntrances, withdrawn. ;~fj~~:~_:'{:"-- ", ' . ,,',. ~ "::,\::~.,.;;,: .',/}:<',. ';-' entrances, RESOLUTION~:;.; "iC;<,,'.~: 06-05 as a;'ffiBtion to'Councll. ~~~~l~: .;';'y" '.' Mevegby Bill Hasiuk, seconded by Ted Watson ~ ;'::}lb.-;~; ...,:,';:-1,. ~ , ".' ;:.;~" .' ,'. THAT a poIiC}'-'pe.adbpted by Council that in the event that a suitable sized culvert is required at ~Je~a1 existing entrance to a field due to ditching or road improvements, the cost of the culvert and installation be borne by the Municipality. RESOLUTION 06-06 as a motion to Council Moved by Bill Hasiuk, seconded by Ted Watson THAT Clarington Council forward a request to the Region requesting that a policy be adopted by Regional Council whereby in the event that a suitable sized culvert is required at a legal existing entrance to a field due to ditching or road improvements on a regional road, the cost of the culvert and installation be borne by the Region. MPAC will be attending the March 6th, General Purpose and Administration Committee (GPA) meeting at our request. Members are encouraged to attend. Faye will pull the 2005 minutes to compose a list of questions to be emailed to committee members for their additional questions, which will in turn be forwarded to Gord Robinson to present at GPA. Agricultural Advisory Committee of Clarington February 09,2006 Tom Barrie reported at the January 3, 2006 General Purpose and Administration Committee meeting. Chris Adama is the person to contact regarding the Nutrient Management Act. Dave Davidson will ask Chris to come to speak to the committee at the March or April meeting. ' HAND OUT MATERIALS: 1. Copy of letter to the Director of Environmental Policy aH~ Programs regarding improvements to the minimum distance separatiogJQrml,lJ~jl. .' GrassRoots Movement request for support for tQ,~~isk .." '. :"'gement Program. Durham Region correspondence regarding;'> p06-::i<~. -, Farm Balewrap Recycling Program.',;,:, :"}1~;:"~}: MessagA from Ontario Agriculture's UnifieQ(,:,<i~~ of}~Jnister of Agriculture Dombrowsky. ',si,'N 2006 Lindsay Winter Farm WoodlotQqbf~ten;c:~;~rOChuf:~q",:;i_ A Landowner's Guide to Selling ~t~~gjlisJ~;~imb~r~,~rochu.t,~j.2'~ Durham Land StewardshipGgurWil.Brqct,)tfJte\;r'(,,;tr>/j': 2. 3. 4. 5. 6. 7. "",,',>, . ',,,, ...:"" '", COUNCIL IT- ,,~_".'.:,'.L<,".~:" I_~ e" ..,',<:T>f.~,,;:'~ ,--~ COMMITTE;g"A;,,, ,O~l"~; "'." ......",', ....'".., .., Clarinoton I-fidhwav 4b7Comm~nitv AdVls(-,JV Committee Workshop Q~0,":,ldentifj9~tionQf_EvaILiati6n Factors and Criteria used to Assess the Planning Altf3Jij~tives".W~s heJgon Feb. 4th, 2006. Workshop was very productive with a good mix"8fpartipip~nts.j::'resentations were put on by Totten Sims Hubicki and Gartner Lee.Ji:Jf3,~idp~nt groups worked on potential transportat!on alternatives. The next Publictgf9nJ19tlon Centre is scheduled for the Spring. The Clarington Highway 407 Comm4qUy,.~dvisory Committee will prepare a letter requesting that all 407 CAC members ar~'iMVited to the next workshop. DAAC 1. Ted Watson has stepped down as Chair of the committee. 2. Reviewed the 5 year road plan, cement curbs to edge, all rural repairs are identified. 3. Reviewed final comments on the Regional Official Plan. 4. Suggested that the next DAAC members should come from the Agricultural Committee. 5. Ted to take the tree cutting issues to DAAC. Federation of Aoriculture 1. Rallies to be held on Feb. 14th and 21st. 2. Wild Turkey funding is available for turkey scaring methods in the form of Eagle Kites. This has approved effective in Pembroke. Visit www.iackite.com for information. Other Business February 3rd is Food Freedom Day. Agricultural Advisory Committee of Clarington February 09, 2006 Farmer's Procession of Lights: 1. 10,000 people expected. 2. Insurance being looked at - may have a carrier which is required for approval from the Regional Police for the event to obtain a permit. 3. Concerns with Municipality's involvement. 4. Item to be revisited at the next meeting. RESOLUTION 06-07 as a motion to Council Moved by Gerald Brown, seconded by BillHasiulr WHEREAS farm property owners in Clarington have had the eXtra burden of increases in pro)erty taxes more than other municipalities; and." ' . ' WHEREAS, adGed to the crisis resulting from loW. commocJtt,y.< prices and unfair competition of subsidized agricultural importS, ~nd los~ of mar~~.!@; caused by B.S.E. disease; and '. ";..'. , , WHEREAS the input cqsts of energy, labour, taxes etc. have made profitability and sustainability impqssiQle for agriculture; and WHEREAS all levels of government have failed to adequately support agriculture (however, some municipalities have deferred the farm property taxes for 2006 until after harvest in 299.~~; .~ . '. . .., .-,-, -,- ._,c. .-. .. '.- -, THEREFORE be it resolved that the A.A.C.C. request Clarington Council to defer the " 2006 taxes on farm properties until after December 1, 2006. RESOLUTION 06-08 as a motion to Council Moved by Bill Hasiuk, seconded by Ted Watson THAT Clarington Council be requested to forward the decision to defer the 2006 taxes on farm properties until after December 1, 2006 to Regional Council for similar action by the Region. Note - Halton and Huron were stated as having passed resolutions regarding deferred taxes. Meeting adjourned 9:20 p.m. Agricultural Advisory Committee of Clarington February 09,2006 I - 16 Clarington Older Adult Association Board of Directors Meeting Minutes of Friday February 10, 2006 Present: V. Ashton J. Greenfield J. Hilborn L. Lyle D.Morris J. Pa':trick M. Richards J. Roberts S. Robson N. Welsh J. William Regrets: D. MacArthur J.Schell Guests: S. Crosby L. McDonald 1.0 Call to O!der The meeting was called to order at 9:00 a.m. by President M. Richards. 2.0 Approval of Agenda The agenda was approved with the following additions: 7.3 Office Furniture 7.4 Website Moved: J. Greenfield Seconded: J. Hilborn CARRIED 3.0 Approval of Minutes from Previous Meeting The minutes ofJanuary 13th, 2006 were approved. Moved: J. Williams Seconded: D. Morris CARRIED 4.0 Business Arising 4.1 Merging of Boards L. McDonald reported that the insurance policy with Brokerlink Insurance has been cancelled. A letter was sent to Pauline Mote. The books are to be submitted to the town by February 28th for the 2005 year end audit. 4.2 Insurance No report at this time. 4.3 Fire Plan S. Crosby reported that the fire department will be in touch with us. 4.4 Board Development Feedback Tbis item was deferred until the new Board of Directors are elected. 1 4.5 Annual.General Meeting The AGM is scheduled for Tuesday March 21 at 10:00 a.m. 5.0 Correspondence A letter was received from COAA member, Sheila Dadson. Letter will be filed with minutes. Action: L. McDonald to reply to S. Dadson. 6.0 Reports 6.1 President No report at this time. 6.2 Executive Director 'T'l...:: following items were discussed. Report filed with the minutes. Snow Removal We are losing 5-7 parking spots along the tennis court area. D&F Snow Removal were called. J. Greenfield met with them last week to point out where the snow should be plowed. Painting The craft room, activity room and auditorium were painted this week. The office, hallway and ladies washroom will be painted next week. Office Equipment A convex minor was ordered for the front hallway. This mirror will enable the front desk volunteers to view the hallway. With the number of large bills that are accepted at the front desk, we will purchase a counterfeit bill scanner. The cash register drawer has been broken for the past 8 months. We will replace the cash register in the near future. The photocopier/fax/printer was replaced by Advanced Office Equipment. Tree Limb Another large tree limb fell at the south end of the parking lot. Pictures were taken and emailed to Fred Horvath and Nancy Taylor. Fred had the town remove the limb and the tree will be trimmed. Bowrnanville Performing Arts Centre Two members of the Bowmanville Performirig Arts Committee visited the Centre on January 26th. Their committee is starting a campaign/petition to re-claim and restore the Bowmanville Concert hall (Council Chambers). The co~ttee asked permission to speak to our members at a Tuesday lunch program in order to gain their support.a 2 L. McDonald informed the representatives from this committee that they are unable to canvas our members, as the Municipality supports the COAA. Membership Fees The membership fee for new members is reduced annually to $15 at the beginning of March for the remainder of the year. The Board agreed to reduce the fee to $15 for new members, as of March rc, 2006. Course Policies and Fees Throughout the winter months, several members have joined registered classes several weeks after they have started, due to illness, vacation, etc. These members have expected to pay a reduced course fee as they are. joining late. We have not been reducing the fee. The Board of Directors need to decide if staff should charge a reduced rate if people join a session in mid- progress due to illness, etc. Motion: "That all registered program fees are not pro-rated at anytime for any reason such as illness, vacation, etc., and that members are charged the registered course prices that are outlined in each seasonal program guide." Moved: S. Robson Seconded: L. Lyle CARRIED Motion: "That the non-member fee for registered programs be eliminated, excluding fundraising events, social dance, social functions." . Moved: ]. Williams Seconded: J.Roberts CARRIED 6.3 Municipal No formal report at this time. Board Reports 6.4.1 Finance Financial statements were distributed. J. Hilborn reported on the financial statements. 6.4.2 Fundraising J. Roberts reported on the upcoming fundraising events. A bus trip has been planned for the fall. 6.4.3 Hospitality Report submitted by N. Welsh. Approximately 80 members are attending the weekly Tuesday lunches. It was requested that we look into purchasing a hot water booster. The temperature of the 3 dishwasher is not as hot as it should be. N . Welsh mentioned that several members have requested entertainment before or after lunch each week. Action: J. Spena to follow up on this request. 6.4.4 Membership Report submitted by D. Morris. To date, the membership of the COAA is 690 members. D. Morris reported that the annual Christmas dinner is scheduled for Friday December IS\ 2006. Then and Now Sounds will provide music for the dance. A New Years Eve Party will be planned, a committee needs to be formed. A deposit of $200 must be sent to the D.]. for this event. Action: L. McDonald to complete the contract and send a $200 deposit. The annual volunteer appreciation will be held Wednesday May 24. 6.4.5 Nominating Report submitted by N. Welsh. The nominating information has been posted in the front hallway for members to view. 6.4.6 Programs Report submitted by J. Spena. L. McDonald reported that programs are going well and J. Spena has excellent programs ideas. 6.4.7 Property Report submitted by J. Greenfield. V. Ashton reported that Eugene Dobbs built a "sandwich board" to advertise events. Motion: "To approve all reports as circulated." Moved: J. Williams Seconded: L. Lyle CARRIED 7.0 New Business 7.1 Membership Fees and Course Policies This item was discussed in the Executive Director's report. 7.2 Parking - West Side of Beech Avenue We would like to see additional parking be made available on the West side of Beech Avenue. L. McDonald registered the COAA to give a presentation at the Council meeting on Monday February 13,2006. L. McDonald to write the presentation, M. Richards to give the presentation. 7.3 Office Furniture On Wednesday February Sth, L. McDonald met with a representative from Brant Office Equipment. 1bis company was recommended by the Municipality of Clarington's purchasing department. The representative priced three new workstations, four vi~itor chairs and three desk chairs. He estimated approximately $2500 per workstation and will fax an exact quote. 4 , . . Motion: "That a letter be written to Nancy Taylor, Director of Finance, requesting approximately $9000 be withdrawn from the COAA capital reserve fund in order to purchase three new work stations." Moved: V. Ashton Seconded: J. Greenfield CARRIED 7.4 Website and Brochure The new website for the Clarington Older Adult Association has been completed. www.claringtonolderadults.ca A new brochure has been created to promote the centre. 2000 copies were printed by James Publishing. 8.0 Adjoutn--:.ent The meeting was adjourned at 11:00 a.m. Moved: J. Greenfield Next Meeting: Friday March 10th, 2006 at 9:00 a.m. 5 g~jpglOn REPORT #1 REPORT TO COUNCIL MEETING OF FEBRUARY 27,2006 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF .MONDAY,-EE-BRUARY2Qr2006. ,_~"_~~.______,_ RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-023-06 - Annual Report on Site Plan Activities for 2005 (b) OPD-001-06 - 2005 Winter Report (c) ESD-003-06 - Monthly Response Report - January 2006 (d) CSD-005-06 - Program Division 2005 Year End Review 2. PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND PROPOSED CLARINGTON ENERGY BUSINESS PARK, SECONDARY PLAN APPLICANT: THE MUNICIPALITY OF CLARINGTON THAT Report PSD-019-06 be received; and THAT Staff prepare an Addendum Report PSD-019-06 to address any issues emanating from the Public Meeting and ag'ency comments for Council's consideration at the February 27, 2006 meeting of Council. 3. REZONING TO PERMIT THE SEVERANCE OF THE EXISTING MANSE FROM NEWTONVILLE UNITED CHURCH OWNER: TRUSTEES OF THE NEWTONVILLE/SHILOH/KENDAL PASTORAL CHARGE THAT Report PSD-020-06 be received; THAT the rezoning application submitted by the Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge, be approved; THAT the amending By-law attached to Report PSD-020-06 be forwarded to Council for approval; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-33H Report #1 - 2 - February 27, 2006 THAT a copy of Report PSD-020-06 and the amending By-law attached to Report PSD-020-06 be forwarded to the Durham Region Planning Department; and, THAT all interested parties listed in Report PSD-020-06 and any delegation be advised of Council's decision. 4. ZONING BY-LAW AMENDMENT TO PERMIT THE REDEVELOPMENT OF TWO PROPERTIES WITH 14 SINGLE DETACHED DWELLINGS APPLICANT: PENWEST DEVELOPMENT CORPORATION LTD. THAT Report PSD-021-06 be received; THAT the rezoning application submitted by the Penwest Development Corporation Ltd. be approved; THAT the amending By-law attached to Report PSD-021-06 be forwarded to Council for approval; THAT a by-law for the removal of "Holding (H)" be forwarded to Council at such time the conditions of the consents have been approved; THAT a copy of Report PSD-021-06 and the amending By-law attached to Report PSD-021-06 be forwarded to the Durham Region Planning Department; and THAT the Region of Durham and all interested parties listed in Report PSD-021-06 and any delegation be advised of Council's decision. 5. MINUTES OF SETTLEMENT FOR APPEAL OF MINOR VARIANCE FOR STEWART - HAASS THAT Report PSD-022-06 be received; THAT Council approve the minutes of settlement between James and Cindy Stewart-Haass and the Municipality of Clarington contained in Report PSD-022-06, as Attachment 2, and adoptthe by-law attached to Report PSD-022-06, as Attachment 3, authorizing the Mayor and Clerk to execute them for the Municipality; and THAT the Municipality's Solicitor and staff be authorized to present the minutes of settlement to the Ontario Municipal Board to request the Board approve the amendments to the decision of the Committee of Adjustment. 6. IMPROVEMENTS TO MINIMUM DIS1 ANCE SEPARATION FORMULAE THAT Report PSD-024-06 be received; THAT Council endorse Report PSD-024-06 as the Municipality's comments on the proposed improvements to the Minimum Separation Distance Formulae; and Report #1 '- 3- February 27, 2006 THAT the Ministry of Agriculture and Food, the Environmental Bill of Rights Registry, the Agricultural Advisory Committee of Clarington and any delegation be advised of Council's decision. 7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 9, 2006 THAT Report PSD-025-06be received; and THAT Council concurs with the decision of the Committee of Adjustment made on February 9, 2006 for applications A2006-0001 and A2006-0002, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 8. REQUEST FOR A STORMWATER OUTFALL CONSTRUCTION AND MAINTENr\NCE EASEMENT WITHIN DARLINGTON CREEK VALLEYLAND- APPLICANT: W.E. ROTH CONSTRUCTION LIMITED - SPA 2005-023 - SOUTH SERVICE ROAD SELF STORAGE THAT Report EGD-010-06 be received; THAT the Municipality of Clarington grant the transfer of an easement for the construction and maintenance of stormwater outfall, shown as Part X of Registered Reference Plan 40R-XXXXX, to W.E. Roth Construction Limited; THAT the by-law attached to Report EGD-010-06 granting the easement for the construction and maintenance of a stormwater outfall be passed, at such time as the reference plan has been registered, authorizing the Mayor and Clerk to execute the easement; THAT the Municipality's solicitor be directed to complete the transaction; THAT all costs associated with the transfer of the easement be borne by the applicant; and THAT all interested parties listed in Report EGD-010-06 and any delegations be advised of Council's decision. 9. 2006 MUNICIPAL GRANTS THAT Report CSD-004-06 be received; THAT Council consider all submitted grant requests; and THAT all requested funds exceeding the $5,000.00 limit be referred to the Municipal budget process; and Report #1 -4- February 27,2006 THAT all applicants be advised of Council's decision. 1 O. HORTICULTURAL SOCIETIES THAT a grant in the amount of $500.00 be approved for each of the following Applications: #06-01 - Bowmanville Ecology Garden #06-02 - Bowmanville Horticultural Society #06-04 - Courtice Horticultural Club #06-05 - Newcastle Horticultural Society #06-08 - Orono Horticultural Society. 11. CLARINGTON'S FARMERS MARKET THAT Application #06-03 - Clarington's Farmers Market, be approved for a grant in the amount of $500.00. 12. NEWCASTLE SANTA CLAUS PARADE THAT Application #06-06 - Newcastle Santa Claus Parade, be approved for a grant in the amount of $2,500.00. 13. NEWCASTLE VILLAGE & DISTRICT HISTORICAL SOCIETY THAT Application #06-07 - Newcastle Village & District Historical Society, be approved for a grant in the amount of $1,500.00. 14. HAMPTON COMMUNITY HALL THAT Application #06-09 - Hampton Community Hall, be approved for a grant in the amount of $2,500.00. 15. KENDAL COMMUNITY CENTRE THAT Application #06-10 - Kendal Community Centre, be approved for a grant in the amount of $3,000.00. 16. NEWCASTLE ARENA MANAGEMENT BOARD THAT Application #06-11 - Newcastle Arena Management Board, be approved for a grant in the amount of $5,000.00. 17. NEWCASTLE COMMUNITY HALL THAT Application #06-12 - Newcastle Community Hall, be approved for a grant in the amount of $5,000.00. Report #1 -5- February 27, 2006 18. NEWTONVILLE COMMUNITY HALL THAT Application #06-13 - Newtonville Community Hall, be approved'for a grant in the amount of $2,500.00. 19. ORONO TOWN HALL BOARD THAT Application #06-14 - Orono Town Hall Board, be approved for a grant in the amount of $3,000.00. 20. COMMUNITY CENTRES THAT a grant in the amount of $3,000.00 be approved for each of the f0110wing Applications:_ #06-15 - :....iina Community Centre #06-16 - Tyrone Community Centre. 21. CADS DURHAM THAT Application #06-17 - CADS Durham, be approved for a grant in the amount of $500.00. 22. CLARINGTON MINOR LACROSSE THAT Application #06-18 - Clarington Minor Lacrosse, be approved for a grant in the amount of $1,500.00. 23. CLARINGTON SWIM CLUB THAT Application #06-19 - Clarington Swim Club, be approved for a grant in the amount of $1,500.00. 24. COUGARS CLARINGTON GIRLS FASTPITCH TEAM THAT Application #06-20 - Cougars Clarington Girls Fastpitch Team, be approved for a grant in the amount of $500.00. 25. DURHAM CROSS TRAINERS THAT Application #06-21 - Durham Cross Trainers, be approved for a grant in the amount of $500.00. Report #1 -6- February 27,2006 26. ENNISKILLEN PUBLIC SCHOOL PARENT COUNCIL THAT Application #06-22 - Enniskillen Public School Parent Council, for a grant in the amount of $5,000.00 be denied. 27. FRIENDS OF SECOND MARSH THAT Application #06-23 - Friends of Second Marsh, be approved for a grant in the amount of $500.00. 28. HAMPTON SOCCER CLUB THAT Application #06-24 - Hampton Soccer Club, be approved for a grant in the amount of $500.00. 29. SKATING CLUBS THAT a grant in the amount of $1,500.00 be approved for each of the following Applications: #06-25 - Newcastle Skating Club #06-28 - Orono Figure Skating Club. 30. OAK RIDGE TRAIL ASSOCIATION THAT Application #06-26 - Oak Ridge Trail Association, be approved for a grant in the amount of $500.00. 31. ORONO AMATEUR ATHLETIC ASSOCIATION THAT Application #06-27 - Orono Amateur Athletic Association, be approved for a grant in the amount of $2,000.00. 32. BIG BROTHERS AND SISTERS OF CLARINGTON THAT Application #06-29 - Big Brothers and Sisters of Clarington, be approved for a grant in the amount of $2,000.00. 33. CANADIAN MENTAL HEALTH ASSOCIATION THAT Application #06-30 - Canadian Mental Health Association, be approved for a grant in the amount of $1,500.00. 34. CLARINGTON CONCERT BAND THAT Application #06-31 - Clarington Concert Band, be approved for a grant in the amount of $500.00. Report #1 -7- February 27, 2006 35. CLARINGTON EAST FOOD BANK THAT Application #06-32 - Clarington East Food Bank, be approved for a grant in the amount of $1,500.00. 36. CLARINGTON FIDDLE CLUB THAT Application #06-33 - Clarington Fiddle Club, be approved for a grant in the amount of $500.00. 37. CLARINGTON OLDER ADULT ASSOCIATION THAT Application #06-34 - Clarington Older Adult Association, be approved for a grant in the amount of $5,000.00. 38. COMMUNII Y CARE DURHAM THAT Application #06-35 - Community Care Durham, be approved for a grant in the amount of $5,000.00. 39. COMRA MARINE RESCUE ASSOCIATION THAT Application #06-36 - COMRA Marine Rescue Association, be approved for a grant in the amount of $1,000.00. 40. DISTRESS CENTRE OF DURHAM THAT Application #06-37 - Distress Centre of Durham, for a grant in the amount of $5,000.00 be denied. 41. . DURHAM CELTIC FIDDLE ORCHESTRA THAT Application #06-38 - Durham Celtic Fiddle Orchestra, be approved for a grant in the amount of $250.00. 42. LEARNING DISABILITIES ASSOCIATION OF PETERBOURGH THAT Application #06-39 - Learning Disabilities Association of Peterborough, be approved for a grant in the amount of $750.00 43. ROYAL CANADIAN AIR CADETS THAT Application #06-40 - Royal Canadian Air Cadets, be approved for a grant in the amount of $1,000.00. Report #1 - 8 - February 27, 2006 44. TYRONE COMMUNITY HERALD THAT Application #06-41 – Tyrone Community Herald, for a grant in the amount of $938.40 be denied. 45. VOLUNTEER RESOURCE CENTRE OF DURHAM REGION THAT Application #06-42 – Volunteer Resource Centre of Durham Region, for a grant in the amount of $2,500.00 be denied. 46. ANIMAL SERVICES QUARTERLY REPORT – OCTOBER TO DECEMBER, 2005 THAT Report CLD-002-06 be received; and THAT a copy of Report CLD-002-06 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 47. 2005 YEAR END PARKING REPORT THAT Report CLD-003-06 be received; and THAT a copy of Report CLD-003-06 be forwarded to the Bowmanville Business Centre for their information. 48. CONFIDENTIAL REPORT COD-010-06 THAT the recommendations contained in Confidential Report COD-010-06, regarding a personnel matter, be approved. 49. CASH ACTIVITY – FOURTH QUARTER THAT Report FND-001-06 be received; THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the fourth quarter of the year 2005, as shown on the schedule attached to Report FND-001-06; and THAT Part “A” of the expenditures, of Report FND-001-06, for the fourth quarter of the year be confirmed. 50. PRESENTATION – PC PETZOLD, DURHAM REGIONAL POLICE SERVICES THAT PC Petzold, Durham Regional Police Services, be thanked for his Presentation regarding replica & imitation firearms; and THAT the presentation be referred to staff. Report #1 - 9 - February 27, 2006 51. PRESENTATION – SERGEANT STEVE JONES, GANG ENFORCEMENT UNIT, DURHAM REGIONAL POLICE SERVICES THAT the Presentation of Sergeant Steve Jones, Gang Enforcement Unit, Durham Regional Police Services, regarding Street Gangs, be received with thanks. CI!J!mgtDn Unfinished Business REPORT PLANNING SERVICES Meeting: Date: COUNCIL Monday, February 27,2006 Addendum to Report #: PSD-019-06 Subject: File #: COPA 2005-0011 and ZBA 2005-0059 PROPOSED AMENDMENTS TO THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND PROPOSED CLARINGTON ENERGY BUSINESS PARKS~CONDARYPLAN By-law #: RECOMMENDA TIONS: , " It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-019-06 be received; 2. THAT Official Plan Amendment No. 46 to the Clarington Official Plan as contained in . Attachment 2 to Report PSD-019-06 BE ADOPTED and that the necessary by-law be , passed; 3. THAT the by-laws to amend Comprehensive Zoning By-law 84-63 contained in Attachment 3 to Report PSD-019-06 BE PASSED to implement Official Plan Amendment No. 46; 4. THAT Council resolves that a further public meeting on Clarington Official Plan Amendment No. 46 and the associated Zoning By-law is not necessary; and 5. THAT the Region of Durham Planning Department, all interested parties listed in this report and any delegations be advised of Council's decision. ../) . Reviewed by: ~_=== . J. Crome, M.C.I.P., R.P.P. id ,= n In Wu, irector of Planning Services /u- Chief Administrative Officer BH*CS*DJC*sh*df 22 February 2006 Submitted by: CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 ADDENDDUM TO REPORT NO.: PSD-019-06 PAGE 2 1.0 BACKGROUND The General Purpose and Administration Committee at its meeting that was held on Monday, February 20, 2006 resolved to recommend to Council the following: "1. THAT Report PSD-019-06 be received; and 2. THAT Staff prepare an Addendum Report to address any issues emanating from the Public Meeting and agency comments for Council's consideration at the February 27,2006 meeting of Council." 2.0 PURPOSE OF ~EPORT The purpose of this report is to present staff recommendations on the issues emanating from the Public Meeting held on 20 February 2006 and most recent agency comments received that, when endorsed by Council, will inform the proposed amendments to the Clarington Official Plan proposed Clarington Energy Business Park Secondary Plan, and Zoning By-law as reflected in the revised Attachments 2 and 3 to this report. 3.0 DISCUSSION The most recent agency comments and submissions received and Staffs response to them are outlined in table format and contained in Attachment 1. It needs to be noted that most of the input received from outside agencies validated the contents of the proposed Official Plan amendment, Secondary Plan and Zoning By-law amendment. Both the Region of Durham and the Ministry of Transportation provided valuable information with regard to the provision and timing of infrastructure provision and upgrading and the widening requirements along the 401. The latter information will become useful with the preparation of the proposed Master Infrastructure Plan. Attachment 1 addresses those issues/points and suggests changes to the Official Plan Amendment and Zoning By-law as required. One additional change has been made by eliminating the last sentence in Section 3.2.2 which is redundant in light of Section 3.6.2 of the Secondary Plan. 4.0 CONCLUSION It is clear from the Staffs response and recommendations that the proposed amendments are minor in nature and the proposed Official Plan Amendment and Zoning By-law implements Council's Vision for the Clarington Energy Business Park. ADDENDDUM TO REPORT NO.: PSD-019-06 PAGE 3 5.0 RECOMMENDATIONS 5.1 Based on the comments in this report, it is respectfully recommended that the Official Plan Amendment, Secondary Plan and Zoning By-law Amendment contained in Attachments 2 and 3 be approved. Attachments: Attachment 1 - Summary of Comments and Recommended Changes Attachment 2 - Clarington Official Plan Amendment No. 46 Attachment 3 - Zoning By-law Amendment List of interested partio'S to be advised of Council's decision: UOIT Dave Clark Vector Wind Energy Inc. 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Purpose The purpose of this Amendment is to implement the recommendations of the Clarinoton Enerov Business Park Study dated March 2005. 2. Location This Amendment applies to the area located immediately south of Highway 401 to the C.N. Rail corridor and between Courtice Road and Solina Road. The subject lands are entirely within the Courtic~ Urban Area. 3. Basis On February 23, 2004, Council of the Municipality of Clarington gave approval, to commence with a review of the South Courtice Employment Lands to determine the feasibility of and appropriate planning framework for developing an energy business park on the lands.' Interim Control By-law 2004-061 was passed to allow time for the study to be completed and its recommendations considered by Council. Interim Control By-law 2005-028 was passed to allow for an extension to the timeframe for completion of the study. Urban Strategies Inc., Gartner Lee Limited, The Delphi Group and Totten Sims Hubicki Associates were retained to lead the study. They worked together with a project steering committee that included Municipal staff and representatives from Durham Region, the Clarington Board of Trade and the University of Ontario Institute of Technology. Affected landowners and potential stakeholders were consulted, and a public information session was held on November 9, 2005. This Amendment is based on public consultation and the study team's analysis, which is summarized in the report entitled ClarinQton Enerov Business Park Study dated March 2005. 4. Actual Amendment The Clarington Official Plan is hereby amended as follows: a) By amending Section 3 of the "General Policies for Secondary Plans" to include the following words: "g) Clarington Energy Business Park" b) By adding a new Section 7.3.8 as follows: "The Municipality recognizes the important role of the energy and environment sectors in the local economy and will, in cooperation with other governments, institutions and businesses, promote development of the Clarington Energy Business Park." , Page 1 c) By renumbering Sections 11.4 through 11.7 and adding a new Section 11.4 as follows: "11.4 Business Parks 11.4.1 The Business Parks designated on Map A comprise lands having prime exposure to freeways and major arterial roads. Development within Business Parks is intended for employment uses exhibiting the highest standard of building design and landscaping. 11.4.2 The goals, objectives and policies applicable to Business Parks shall be set out in Secondary Plans." d) By adding to Section 22.3.2, after Orono in the First Priority list the words, "Clarington Energy Business Park". e) By re-designating on Map A2, Land Use, Courtice Urban Area, the area bounded by Highway 401, the CN rail corridor, Courtice Road and Solina Road as Business Park. f) By amending Map B2, Transportation, to adjust the road classifications and alignments within the South Courtice Employment Lands in accordance with the Clarington Energy Business Park Secondary Plan. g) By amending Map I, Community Improvement Areas, to include the Clarington Energy Business Park. h) By amending the Secondary Plan list under "Part 6 Secondary Plans" to include the words "Clarington Energy Business Park". i) By adding a new Secondary Plan to Part VI as follows: , , Page 2 "Clarington Energy Business Park Secondary Plan 1. Introduction 1.1 The Clarington Energy Business Park (lithe Energy Park") is located immediately south of Highway 401 and north of the CN rail corridor, between Courtice Road and Solina Road. Osb~rne Road bisects the area. Immediately east of the Energy Park is the Darlington Nuclear Power Plant and to the west is Darlington Provincial Park. 1.2 The area for the Energy Park, occupying 129 hectares (318 acres), has been identified as an apj:. _':'iiate location for prestige employment uses that can benefit from close proximity to Darlington Nuclear Power Plant, the University of Ontario Institute of Technology and/or other major employers within the energy and environment sectors of the regional economy. The site has the attributes to become a focal point for new , development within the Durham Energy Cluster. The overall intent of this Secondary Plan is to guide development of a business park that facilitates employment growth in these sectors, promotes energy innovations and demonstrates environmental sustainability in its design. 1.3 This Secondary Plan is based upon, and future development should be guided by, the following overarching principles: a) Innovation - Businesses in the park should research, manufacture, demonstrate or otherwise support innovative technologies, particularly in the fields of energy. The Park itself should be innovative in its design and demonstrate environmental sustainability to the world. b) Conservation - The conservation of energy and natural resources, and the use of renewable energy, should be among the highest priorities in the design, construction, operation and maintenance of all development in the park, including infrastructure, buildings and the landscape. Adverse impacts from development on natural systems should be minimized. c) Efficiency - The park as a whole and individual developments should be designed to use land, streets, municipal services and energy efficiently. Techniques to maximize energy efficiency should be integrated into the design of buildings, sites and the park as a whole. d) Integration - Research and development facilities, institutional and corporate offices, and manufacturing plants should be mixed within the park to promote linkages and synergies among related businesses. e) Diversity - A wide range of businesses should be accommodated. Streets should be designed for a variety of transportation modes, including automobiles, trucks, cycling, walking and, in time, public transit. A diversity of renewable energy sources and demonstration projects should help power the Energy Park. Page 3 f) Design excellence - The design of buildings, streetscapes, open spaces and infrastructure should be distinctive, aesthetically and functionally, incorporating new energy innovations. The physical and business environment of the park should make it a showcase for Clarington, Durham Region and Ontario. 2. Goals 2.1 To develop a focal point for research and development and related industrial activity and facilitate cooperation among businesses within the Durham Region energy cluster. 2.2 To distinguish the Clarington Energy Business Park as a unique and innovative employment area within the Greater Toronto Area. 2.3 To enhance the economic competitiveness and global profile of Clarington. 2.4 To broaden and diversify employment opportunities within Clarington. 2.5 To facilitate the incubation and commercialization of new energy innovations. 2.6 To both support and capitalize on the research and academic mission of the University of Ontario Institute of Technology. 2.7 To establish a real-world laboratory where new energy innovations are tested and applied in functioning industrial and commercial buildings. 2.8 To support the operation, maintenance and enhancement of the Darlington Nuclear Power Plant. 2.9 To promote innovative building designs with a high urban design standard that practice energy efficiency and meet LEED™ certification. ' 2.10 To harness and promote design practices centered on energy conservation, efficiency and environmental sustainability. 2.11 To use land and other natural resources efficiently and with minimal non-reusable waste. 2.12 To protect and restore elements of the site's natural heritage. Page 4 3. Land Use and Built Form In addition to the policies of this section, the policies of Sections 4-8 shall apply to all areas of the Clarington Energy Business Park. 3.1 Objectives 3.1.1 To accommodate and integrate a mix of industrial and commercial land uses focusing primarily on the energy field. 3.1.2 To facilitate linkages among the University of Ontario Institute of Technology, other institutions, Qovernment agencies and private industry. 3.1.3 To encourage the relocation of pre-existing land uses not in keeping with the vision, goals and objectives of this Plan to other, appropriate employment areas. , , 3.1.4 To accommodate a variety of building types and sizes while ensuring that deve.lopment overall contributes to a consistent and positive image of the Energy Park. 3.1.5 To provide, through the placement and massing of buildings, continuity and enclosure to the streets within the Energy Park. 3..1.6 To establish a gateway to the Energy Park at the Courtice Road and Highway 401 interchange. 3.2 General Policies 3.2.1 The land use designations for the Clarington Energy Business Park shown on Map A of this Secondary Plan establish the general pattern for future development. They consist of Prestige Employment Node, Prestige Employment Corridor, Light Industrial 1, Light Industrial 2, Open Space and Environmental Protection Area. 3.2.2 The purpose of the Energy Park is to provide a unique industrial location that attracts industry related to the energy sector. The Energy Park targets energy innovations and related companies that engage in research and development, demonstration, commercialization, and sale of existing and new energy source technologies. 3.2:3 . The Municipality acknowledges the Ministry of Transportation requirement that future buildings, roads, municipal services and essential parking be set back a minimum of 14 metres from the Highway 401 right-of-way. To accommodate a potential widening of Highway 401 and a future realignment of South Service Road, should the latter be required, while maintaining the desired streetscape, minimum building setbacks shall apply, as set out in this Plan, and municipal service and utility easements may be required. Page 5 3.2.4 Stand-alone warehouses, distribution facilities, truck terminals, truck service centres, gas stations and storage units are strictly prohibited in all areas of the Ene rgy Park. 3.2.5 Drive-through facilities for restaurants and banks will not be permitted in any of the land use areas within the Energy Park. 3.2.6 The Open Space areas shown on Map A are intended for stormwater management facilities. In addition to such facilities, private or publicly-accessible open spaces are permitted in Open Space areas. 3.2.7 The policies in Section 14.4 of the Clarington Official Plan s hall apply to the Environmental Protection Area. 3.2.8 Wind turbines are permitted in any designation except Environmental Protection Area. 3.2.9 Public art Will be promoted to achieve a high quality public realm and identity in the Energy Park. 3.2.10 Appendix 1 contains illustrations that demonstrate the implementation' of the urban design and road policies contained in this Energy Park Secondary Plan. 3.3 Prestige Employment Node 3.3.1 The Prestige Employment Node, at the gateway to the Energy Park, is the most appropriate location for higher-order and higher-density employment uses as well as ancillary commercial uses. The permitted uses shall be: a) business office; b) research and development facilities; c) university and college facilities; d) hotels and convention centres; and, e) commercial and recreational uses that cater to businesses and employees within the Energy Park, including banks, restaurants, convenience stores athletic clubs, and business and personal services, provided they are limited in scale and located on the ground floor of a multi-storey building. 3.3.2 The following urban design standards shall apply to' development in the Prestige Employment Node. These standards will be implemented through standards established in the zoning by-law. a) Lots along Energy Drive and South Service Road shall generally be of a larger size and area to implement high quality urban design objectives. b) To accommodate front yard landscaping and a future widening of Highway 401, buildings on South Service Road shall be set back a minimum of 28 metres from the right-of-way. c) To establish a consistent streetscape edge along Energy Drive and all Local Roads, buildings shall be oriented towards the front property line to achieve a continuous high quality built street edge. d) The width of a building's fa9ade fronting a public street shall be at least 40% of the lot width. Page 6 e) Buildings on a corner lot shall be oriented towards the corner. f) Buildings shall generally be a minimum of 12 metres in height near the intersection of Courtice Road and South Service Road. g) Main building entrances shall address and be accessible from a public street. h.) The massing of buildings that occupy sites at the Courtice Road-Energy Drive intersection shall be articulated to mark the entrances to the Energy Park. i) A minimum of 20% of the site area shall be landscaped. Areas between the building face and public right-of-way shall be attractively landscaped and shoul,d include lawn, coniferous and deciduous trees, and gardens. Chain link fencing is strictly prohibited within this area. jL~ _P~rkingJo-1.~~s..bCllLbe lQc,;pt~(:LtQ thEL i[)!~.LiQr. sj9~u!Od/or r~~r9Lbuildings located on the east and south sides of South Service Road but are prohibited in the front or exterior side yards. k) Structured parking shall be located at the rear of a building and screened from vie\Adrnm Energy Drive and South Service Road. I) Service and loading areas shall be located at the rear of buildings away from public streets or appropriately screened from view of public streets. Garbage facilities shall be located within the primary building. m) Outside storage or display of goods shall be strictly prohibited. 3.4 Prestige Employment Corridor 3.4.1 The Prestige Employment Corridor'is an appropriate location for higher-order employment uses that will benefit from high visibility from Highway 401 and, through site and building design, will enhance the image of the Energy Park. The permitted uses shall be: a) business offices; b) research and development facilities; c) university and college facilities; d) manufacturing, assembling, and fabricating facilities, provided the use is wholly enclosed within a building; e) warehousing, provided it is ancillary to one or more of the permitted industrial uses listed above; and, f) commercial or technical schools wholly enclosed within a building. 3.4.2 The following urban design standards shall apply to development in the Prestige Employment Corridor. These standards will be implemented through standards established in the zoning by-law. a) Lots along Energy Drive and South Service Road shall generally be of a larger size and area to implement high quality urban design objectives. \ b) To accommodate front yard landscaping and a future widening of Highway 401, buildings on South Service Road shall be set back a minimum of 28 metres from the right-of-way. c) To establish a consistent streetscape edge along Energy Drive and all Local Roads, buildings shall be oriented towards the front property line to achieve a continuous high quality street edge. d) The width of a building's faltade fronting a public street shall be at least 40% of the lot width. e) Buildings on corner lots shall be oriented towards the corner. f) Main building entrances must address and be accessible from a public street. Page 7 g) The massing of buildings that occupy sites at the Energy Drive-Courtice Road intersection and Energy Drive-Solina Road intersection shall be articulated to mark the entrances to the Energy Park. h) A minimum of 20% of the site area shall be landscaped. Areas between the building face and public right-of-way shall be attractively landscaped and should include lawn, coniferous and deciduous trees, and gardens. Chain link fencing is prohibited within the area between the building and the street but shall be considered on the balance of the property if necessary for security purposes. i) Parking lots shall be located to the interior side and/or rear of buildings but are prohibited in the front or exterior side yards. j) Structured parking shall be located at the rear of a building and screened from view from Energy Drive and South Service Road. k) Service and loading areas shall be located at the rear of buildings and appropriately screened from view of public streets. While garbage facilities are encouraged to be located within the primary building, garbage may be stored with:!) a separate fully enclosed building with architecture matching the primary building on the lot I) Outside storage or display of goods shall be strictly prohibited. 3.5 Light Industrial 1 3.5.1 Light Industrial I areas are appropriate locations for a range of employment uses that will benefit from the access and visibility provided by the primary road through the Energy Park and, through site and building design, will enhance the image of the park. The permitted uses shall be: a) business offices; b) research and development facilities; c) manufacturing, assembling, and fabricating facilities, provided the use is wholly enclosed within a building; d) industrial processing, excluding the processing of waste materials, provided it is wholly enclosed within a building; and, e) warehousing, provided it is ancillary to one or more of the permitted industrial uses listed above. 3.5.2 The following urban design standards shall apply to development in Light Industrial 1 areas. These standards will be implemented through standards established in the zoning by-law. a) Lots along Energy Drive shall generally be wider than those lots located along local roads. b) To establish a consistent streetscape edge along Energy Drive and all Local Roads, buildings shall be oriented towards the front property line. c) The width of a building's falfade fronting a public street shall be at least 40% of the lot width. d) Buildings located on a corner lot shall be oriented towards the corner. e) Main building entrances must address and be accessible from a public street.. f) A minimum of 10% of the site area shall be landscaped. Chain link fencing is prohibited within the area between the building and the street and shall be considered within the rear yard of the building. Page 8 g) Parking lots shall be located to the interior side and/or rear of buildings but are prohibited in the front or exterior side yards. h) Servicing and loading areas shall be located at the rear or in the interior side yard of the building and screened from public view. While garbage facilities are encouraged to be located within the primary building, garbage may be stored within a separate fully enclosed building with architecture matching the primary building on the lot. Loading and servicing areas in an interior side yard shall be set back a minimum of 10 metres from the front edge of the building. 3.5.3 Outside storage may be permitted in Light Industrial 1 areas provided: __a)__ thesto[age area does not exceed 10% of the lot area; b) materials to be stored do not exceed 3 metres in height; c) the storage area is located in the rear of the lot and is appropriately screened so as to not have an adverse impact on abutting properties and not be visible from a pu!">li,. road; and-- d) the storage area is not adjacent to the Prestige Employment Node. 3.6 Light Industrial 2 3.6.1 Light Industrial 2 areas are appropriate locations for a broader range of employment uses, including those that require more outside storage. The permitted uses shall be: a) manufacturing, assembling, fabricating, and processing facilities, provided the use is wholly enclosed within a building; b) research and development facilities; a) warehousing, provided it is ancillary to one or more of the permitted industrial uses listed above; and, b) business offices that are accessory to another employment use, provided they do not exceed 25% of the total floor area on the site. 3.6.2 Waste-to-energy facilities, small-scale electrical generation and cogeneration facilities, . and alternative fuels manufacturing may be permitted in Light Industrial 2 areas by site- specific zoning amendments, subject to detailed study of the proposed facility relating to: · compatibility within surrounding and adjacent land uses; · proposed environmental impacts that may require Ministry of Environment approval; . traffic impacts on the road network; · site planning and urban design issues; and, · measures to mitigate any impacts where appropriate. 3.6.3 The following urban design standards shall apply to development in Light Industrial 2 areas. These standards will be implemented through standards established in the zoning by-law. a) Lots shall generally be sized to accommodate the widest array of uses. b) To establish a consistent streetscape edge along all Local Roads, buildings shall be oriented towards the front property line. c) The width of a building's fa<;ade fronting a public street shall be at least 40% of the lot width. d) Buildings on a corner lot shall be oriented towards the corner. e) Main building entrances must address and be accessible from a public street. Page 9 f) A minimum of 10% of the site area shall be landscaped. Chain link fencing is prohibited within the area between the building and the street and shall be considered within the rear yard of the building. g) Parking lots shall be located to the interior side and/or rear of buildings but are prohibited in front or exterior side yards. h) Servicing and loading areas shall be located at the rear or in the interior side yard of the building and screened from public view. While garbage facilities are encouraged to be located within the primary building, garbage may be stored within a separate fully enclosed building with architecture matching the primary building on the lot. Loading and servicing areas in an interior side yard shall be set back a minimum of 10 metres from the front edge of the building. 3.6.4--'-O-utSTcfe'storagemay he permitted -in' Lighflndustria/2 areas provided: a) the storage area does not exceed 25% of the lot area; b) materials to be stored do not exceed 5 metres in height; c) the~Jo.ragearea is .generally located in the rear of the lot and is appropriately screened from public view. Notwithstanding the above, any waste-to-energy facility must be fully enclosed. 4. Streets and Transportation 4.1 Objectives 4.1.1 To establish a road network that provides a rational and flexible framework for development, maximizes property frontage, and optimizes vehicular access and movement. 4.1.2 To provide a balanced transportation network that encourages walking, cycling and, eventually, public transit use while accommodating cars and trucks efficiently. 4.1.3 To establish an interconnected network of sidewalks that joins areas within the Energy Park, provides links to adjacent trails and open spaces. 4.1.4 To develop attractive, tree-lined streets with high-quality lighting and other landscape elements that help establish a positive, consistent image of the Energy Park, enhance the pedestrian environment and mitigate the urban heat island effect. 4.2 Policies 4.2.1 The proposed future network of primary and secondary roads within and adjacent to the Energy Park is shown on Map A. 4.2.2 There are two primary roads proposed: a) Energy Drive will provide the main entry to the Energy Park and a primary address for development. It will function as a Type C Arterial Road, as defined in Section 19.5.1 of the Clarington Official Plan. Notwithstanding Section 19.5.1, however, Energy Drive may have a right-of-way width of up to 30 metres to Page 10 accommodate a landscaped median. Applications for development fronting Energy Drive may be required to provide an Access Management. Plan, depending on the land use and intended operations, to the satisfaction of the Director of Engineering Services and the Director of Emergency Services. b) South Service Road will eventually function as a Collector Road, as defined in Section 19.6 of the Clarington Official Plan with a maximum right-of-way width of 23 metres. The proposed right-of-way and minimum building setbacks will allow for the relocation of the roadway, if required by a future widening of Highway 401. c) The alignment and intersection configurations and Energy Drive and South Service Road and other future Local roads are subject to further detailed study and may be altered without amendment to this Plan. 4.2.3 Osbourne Road, Solina Road and Local Streets A and B will complete the main elements of the street network. They will function as Local Roads, as defined in Section 19.7 of the Clarington Official Plan. In conjunction with development of the Energy Park these roads will be upgraded or constructed to a right-of-way width of 20 metres, to, :;:Iccommodate landscaped borders, sidewalks, boulevards with street trees. 4.2.4 Additional Local Roads to those shown on Map A may be permitted to subdivide land, serve development and improve the efficiency of the road network. Such roads shall respect the overall grid pattern of blocks, have right-of-way widths of 20 metres, and generally be designed and built to municipal standards. 4.2.5 Where appropriate, private rear lanes may be provided along multiple rear property lines for delivery access purposes. The integrated laneway system shall be implemented by means of registered easement in favour of abutting land owners. The Municipality shall not assume these laneways. 4.2.6 The Municipality, Durham Region and GO Transit will work cooperatively to develop a long- term public transit strategy for the Clarington Energy Business Park. 4.2.7 Council may require that applications for the development. of office buildings include a Travel Demand Management (TOM) Plan, prepared to the satisfaction of the Municipality's Director of Planning Services. The intent of the TOM Plan shall be to implement and promote measures to reduce the use of low-occupancy and low-mileage automobiles for trips and to increase transit use, cycling and walking. To that end, the following measures shall be considered: a) organizing and promoting car pooling; b) providing priority parking space assignments for car pool participants and low.. polluting motor vehicles; , c) providing cycling amenities, such as bike stands, bike storage, showers and change rooms; d) providing financial subsidies for transit passes; e) providing rush hour shuttle service to the Oshawa GO Station; f) links to initiatives in the municipality-wide TOM strategy; and, g) other measures that may be identified by Municipal staff. 4.2.8 All roads shall be lined with a double or single row of trees, spaced 6-9 metres on centre. Generally, hardy indigenous trees shall be used. Page 11 -r 4.2.9 For the comfort and safety of pedestrians, curb radii shall generally be 5-8 metres. 4.2.10 Utilities shall be buried below grade in the street right-of way, or in easements, where required. For ease of access and maintenance, shared utility trenches are encouraged. 5. Access and Parking 5.1 Objectives 5.1.1 To minimize the number of driveway entrances along public streets within the Energy Park. 5.1.2 To provide safe and clearly-defined routes within a site for pedestrians, cars and trucks. 5.1.3 To minimize the land required for parking. 5.1.4 To ensure parking areas are not a predominant feature in the views of development from public roads. 5.1.5 To mitigate the urban heat island effect of large parking areas. 5.1.6 To maximize stormwater infiltration and minimize stormwater runoff from parking areas. 5.2 Policies 5.2.1 Where feasible and appropriate, shared driveways shall be considered. " 5.2.2 Where necessary, secondary driveways to access loading, servicing and parking areas shall be provided on Local Roads. 5.2.3 A walkway with a minimum width of 1.5 metres shall be provided between the public sidewalk and the main building entrance. 5.2.4 Consistent pedestrian-scale lighting along walkways shall be en<?ouraged. 5.2.5 The use of landscaped islands to divide large parking areas, with at least one tree for every ten spaces, shall be considered. 5.2.6 The use of permeable materials for parking lots shall be considered. Permeability standards may be established for development through the Master Drainage Plan. 5.2.7 Parking requirements shall be established in the Zoning By-law. The Municipality may modify the parking requirements subject to a parking study and site-specific zoning amendment. Generally, the Municipality shall encourage a supply of parking that does not exceed the minimum requirement under the Zoning By-law. Page 12 6. Open Space and Landscaping 6.1 Objectives 6.1.1 To establisli where appropriate connected private open spaces that manage stormwater, provide visual relief and outdoor amenities for employees and provide wildlife habitats. 6.1.2 To achieve c;I consistently high quality of landscaping on private lands that enhances streetscapes and the overall image and environment of the Energy Park. 6.1.3 To establish gateways to the Energy Park 6.1.4 To preserve significant natural heritage features and augment the natural setting for the Energy Park. 6.1.5 To promote the integrity, vitality and interaction of Lake Ontario coastal wetlands. 6.1.6 To maximize stormwater infiltration and minimize stormwater runoff. 6.2 Policies 6.2.1 The connecting of private open spaces on two or more neighbouring properties shall be encouraged. 6.2.2 Landscaping on private lands and public open space at the intersections of Energy Drive and Courtice Road, South Service Road and Courtice Road, and Energy Drive and South Service Road shall reinforce the entrances to the Energy Park. 6.2.3 Gateway features shall be developed along Energy Drive at both entrances to the Energy Park. The western gateway feature shall be a passive recreational and outdoor display facility located along Energy Drive near Courtice Road. This facility shall have a minimum size of 1 hectare and may be developed in conjunction with a hotel and convention facilities. The eastern gateway feature shall be a passive recreational facility located near the intersection of Energy Drive and South Service Road. This facility shall have a minimum size of 0.4 hectares. Both facilities shall be connected to future sidewalks and walking trails. 6.2.4 Stormwater management swales and ponds shall be incorporated into the planning and design of open spaces. These facilities shall be constructed in accordance with the standards established in the Master Drainage Plan. Ponds should connect to other open space amenities. Page 13 6.2.5 Stand-alone and directional signage shall be incorporated into the design of the landscape. 6.2.6 To enhance the image of the Energy Park and help achieve the goal of environmental sustainability, the following measures and techniques related to landscape design, construction and maintenance shall be encouraged: a) preserving existing stands of trees and hedgerows, and integrating them into new open space systems; b) naturalizing areas for the benefit of native flora and fauna, and managing such areas appropriately; c) the use of native plants; _d) locating and selecting plants to provide climate protection for buildings and employees, for example, using deciduous trees with large canopies planted on heavily-glazed south sides of buildings and at the periphery of parking lots to reduce and redirect sun exposure in summer; e) coord;'1ating landscaping treatments among neighbouring developments; f) the use of swales to channel stormwater runoff from parking areas to ponds; g) the use of landscaped drainage basins internal to large parking areas; h) the use of permeable materials instead of paving for walkways,. driveways and parking areas, where feasible; and, i) selecting, designing and operating outdoor full cut-off lighting to municipal standards, where required, to conserve energy, minimize light pollution, and minimize impacts on the wildlife corridor. 6.2.7 The Municipality, Durham Region and Ontario Power Generation (OPG) shall work cooperatively to connect the planned Waterfront Link trail to the existing Waterfront Trail on OPG lands, in the vicinity of Solina Road. 6.2.8 The Municipality will continue to support the creation of the Lake Ontario Wildlife Corridor, which will provide an east-west connection between Second Marsh and Westside Marsh. 6.2.9 Land uses in the Energy Park shall be sensitive to the Lake Ontario Wildlife Corridor and, through the use of naturalized landscape areas, shall provide appropriate buffers to ensure that the functions of the Wildlife Corridor are not hampered by development. 7. Energy, Water and Waste 7.1 Objectives 7.1.1 To provide municipal water and sanitary services and other utilities in an optimal manner, minimizing impacts on the environment. 7.1.2 To facilitate and demonstrate renewable energy generation and use. 7.1.3 To develop and promote a shared utility systems and an overall network that manage energy, water and waste water efficiently. Page 14 7.1.4 To ensure utility infrastructure demonstrates how design, materials and technology can optimize total energy use and minimize the ecological footprint, of development. 7.1.5 To ensure infrastructure is designed and constructed to minimize the use of non- renewable energy sources. 7.1.6 To utilize and demonstrate new building science that maximizes energy conservation and efficiency. 7.2 Policies 7.2.1 Generally, all new development shall be on full municipal water and sanitary sewer ~ldrvices. 7.2.2 The Municipality will work with landowners and Durham Region to develop an Infrastructure Master Plan for the phasing and financing of roads, municipal water and sanitary sewer services and stormwater management facilities to the Energy Park. 7.2.3 The Municipality will work with landowners, Durham Region and the relevant utility companies to identify opportunities to provide renewable energy infrastructure within the Energy Park. 7.2.4 Hydro servicing shall be provided underground. 7.2.5 The use of solar power shall be considered to power municipal street lighting. 7.2.6 Stormwater shall be managed on site, or with shared systems, in accordance with the Master Drainage Plan for the Energy Park, such that post-development peak flow rates off-site will not exceed pre-development rates for all storm events. The Master Drainage Plan shall confirm the location of the stormwater management ponds, and Map A shall be revised accordingly. 7.2.7 Council may require that development applications include a Sustainability Plan, prepared to the satisfaction of the Municipality's Director of Planning Services, the Director of Engineering/Building Services and the Conservation AuthoritY. In addition to addressing Policy 8.2.6, Sustainability Plans shall consider the following techniques to reduce stormwater runoff, improve water quality and conserve energy: a) rain barrels or cisterns to capture rainwater for reuse in landscape irrigation and other non-potable water applications; b) vegetated swales to filter and detain stormwater; c) porous surfaces for pathways, patios and parking lots to allow infiltration of stormwater; d) greywater systems that capture stormwater runoff and other greywater for reuse in toilets and industrial operations; e) the use of renewable energy sources for building systems and exterior lighting, such as solar, wind and geothermal; f) cogeneration, i.e., capturing and using heat from power generation; g) green roofs; h) other techniques encouraged by the policies of this Secondary Plan and which may be identified by Municipal staff. Page 15 7.2.8 Stormwater management systems shall be integrated into the design of buildings and the landscape. 7.2.9 Natural watercourses shall be retained wherever possible. 7.2.10 At the appropriate time, but before the area of the Energy Park has been 50% developed, the Municipality and Durham Region shall consider the feasibilitY of building a district heating and cooling facility to serve the Park. 8. Building Design and Construction 8.1 Objectives 8.1.1 To facilitate and promote "green" buildings, i.e., buildings that incorporate certified energy-saving and environment-friendly techniques. , '. 8.1.2 To utilize and demonstrate new building sciences that maximize energy conservation and efficiency. 8.1.3 To maximize the life span of buildings. 8.1.4 To retain elements of the site's built heritage. 8.1.5 To ensure the park maintains a consistent, high-quality image and sense of place. 8.2 Policies 8.2.1 Development designed to meet or exceed the highest recognized environmental standards and/or be LEEDTM-certified shall be encouraged. 8.2.2 Building construction and operation methods that minimize the use of non-renewable energy and use recycled and locally-produced materials shall be encouraged. 8.2.3 Buildings flexibly designed to meet the potentially changing needs of current and future businesses shall be encouraged. 8.2.4 Buildings that occupy sites at the intersections of Energy Drive and Courtice Road, South Service Road and Courtice Road, and Energy Drive and South Service Road shall be massed, articulated and designed to emphasize gateways to the Park. 8.2.5 Buildings at the corner of two streets shall address the corner with special architectural massing or detail. 8.2.6 Building signage shall be incorporated into and coordinated with the architecture of the building, and signs shall not dominate anyone floor or the mechanical penthouse of a building. Page 16 8.2.7 High-quality exterior cladding materials,such as glass, steel, metal paneling, stucco, and masonry, shall be used on the fac;ades of buildings fronting Energy Drive and South Service Road. Pre-cast paneling and exterior insulated finishing systems generally shall not .be permitted on fac;ades facing these roads. 8.2.8 Mechanical penthouses, antennae, vents and chimneys shall be screened from view or incorporated into the design of the roof. 8.2.9 The use of high-quality exterior cladding materials on parking structures, particularly . .-.-~Wb_eI-sJ.pgy-arevisibl~JLOm _LocaLRoad~+shall. be_f;mCOU{Qged,._. ....___.._ 8.2.10 The restoration and reuse of heritage buildings or structures shall be encouraged. The house known as "Fairfield", the Robert Beith house, located at 255 Osborne Road is to conserVed ~fo.:l intorporatedinto any redevelopment of the property; - 8.2.11 Energy conservation measures and techniques in building design shall be encouraged, including: a) glazing on the south side of a building to maximize direct sunlight in winter; b) sun louvres to minimize direct sunlight in summer; c) green roofs-roofs that are partially or completely covered with plants to minimize water runoff and improve building insulation; and, d) natural interior lighting through glass roofing systems. 9. Implementation 9.1 Zoning By-law Amendments for lands within the Clarington Energy Business Park shall conform to this Secondary Plan. 9.2 Applications for Plans of Subdivision for lands within the Clarington Energy Business Park shall include a Phasing Plan. Phasing Plans shall establish the order of private development and the staging of construction of public infrastructure and services. The' Phasing Plan shall take into account the responsibility for construction of the public infrastructure and services and shall be considered by the Municipality in enacting . Zoning By-law Amendments and recommending Plans of Subdivision for approval. 9.3 The review and approval of Site Plan Applications for lands within the Clarington Energy Business Park shall be guided by the policies of this Secondary Plan. 9.4 In addition to the provisions of Section 23.4.2 of the Official Plan, Holding Symbols may be used to ensure achievement of the policies of this Secondary Plan by establishing conditions linking the development to the achievement of site development and urban design policies and objectives through site plan agreements and agreement o.n the provision of infrastructure. In addition to provisions of Section 23.4.3 of the Official Plan, prior to the lifting of a Holding Symbol, the following provisions apply in respect to the Secondary Plan Area: Page 17 9.5 9.6 9.7 9.8 9.8 9.10 a) plans for the proposed development show that the proponent has successfully implemented the Urban Design Policies and transportation objectives of this Secondary Plan to the satisfaction of the Municipality; and, b) arrangements have been made satisfactory to the Municipality and the Region of Durham for the proponent's contributions and dedications to the Infrastructure Management Plan referenced in Section 7.2.2. Notwithstanding Section 9.4 (b), the lands subject to application SPA2003-051 may proceed in accordance with Section 11.7.1 of the Official Plan. The Municipality will work with Durham Region to expedite the provision of municipal services to allow development of the Clarington Energy Business Park. The Municipality will prepare a Master Drainage Plan for the Energy Park, in consultation with landowners, Durham Region and the Conservation Authority, and in accordance with the poliy'i~sof this Plan. The Municipality will consider establishing a governing entity, such as a development corporation, responsible for facilitating and coordinating development of the Clarington Energy Business Park. The Municipality will work with the Government of Canada, the Province of Ontario, Durham Region, the University of Ontario Institute of Technology, the Clarington Board of Trade and private landowners and businesses to study and implement the concept of a "Sustainability Centre". The Centre will demonstrate and promote innovative energy and environmental technologies and function as a resource centre for developers, businesses and the public. The Municipality in consultation with Durham Region, UOIT and DSEA will define · Detailed design plan; . Servicing strategies (water, sewage and roads); · Marketing plan · Incentives plan and prepare · the Master Drainage Plan. · the Master Infrastructure Plan. 10. Interpretation 10.1 Some flexibility in the interpretation of the policies contained in this Secondary Plan is permitted provided that its general intent is maintained. The boundaries for land use areas are approximate and shall be defined by the precise alignment of new streets or implementing Zoning By-laws. 10.2 The Figures contained in Appendix 1 of this Secondary Plan are for illustrative purposes and are not to be considered prescriptive. Page 18 10.3 The policies of this Plan shall be interpreted in conjunction with the applicable policies of the Clarington Official Plan." 5. Implementation The provisions set forth in the Clarington Official Plan and the Clarington Energy Business Park Secondary Plan, as amended, regarding implementation of the Plan shall apply in regard to this' Amendment. 6. Interpretation The provisions set forth in the Clarington Official Plan and the Clarington Energy Business Park Secondary Plan, 0>;> amended, regarding interpretation of the Plan shall apply in regard to this Amendment. Page 19 ) ~ .. o ..,. >- I Cl s: cu L.. ! .g < 'E c o 0 t) 1i ... ... oS ~ ~ e E E N a. ~~~a; a; a. a. '1:: '1:: B 1: E E 1;) 1;) cu CD ww ~ ~ c.E CD CD -g -g (/) 6 .~ ~ ... ... cCD 's 1;) II) ..c: a c. c CD ~ C).-ow ~~i@~1 -g o a. L.. .s ~ E .s (/) '0 CD II) o c. e 0- -Jc ! I ~ cu '0 C ~ o a:I co e <( i!: co 0- Il) II) CD C '0 ~ a:I >- ~ CD C W c ~ I:: '1:: cu t) C IV ii: ~ IV en~ "'C c ca 0 o u ~~ ~~ ca IV eQ. <l: 't: :: D.. a.. ! <l: "'C '; --=c~ lIII::::C'CSa:I CD >. en en :) :s "'C c CW C'CS c ..JS en c 'C IV U EXHIBIT "A" To Official Plan Amendment No. 46 D - - - I '\::0: II '",: ,:' .' !';~~; i ~ I ". . I "f~"1 Add "Business Park" Designation ~ D - ~i..t."... ^.:..:.<;......:;...;.>-', .-.-.;.~........',.:;. > .'. :.:.-.~:_..' ..... 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It) o ...... .a . ~: 0: Ei: E: 0: N, l/l e a; E o <i N o -a a o ~ - a u o .... .. fJ:a ~ "" ~.~'~., ~~. .-.- l---- 1 --- ____.LJ_____ - r------ ! .!! 01 C ~ "' CL 1! "' > III ;; .8 .. 1 1i J f . :!! .. .t ~ ~ ! c \) crj tn N >- .. ] i ~ 1: Q ~ '" o ~ r\LLCiiilvIIlIICI n w To Addendum Report PSD-019-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- 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 former Town of Newcastle in accordance with the policies contained in Amendment #46 to the Clarington Official Plan (COPA 2005-011) to implement the Clarington Energy Business Park and the rezoning application ZBA 2005-0059; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23A as follows: "SECTION 23A 23A ENERGY PARK OFFICE (M01) ZONE 23A.1 DEFINITIONS For the purposes of this zone, the following definitions apply; Business or Administrative Office shall mean an establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency or a non-profit organization, Convention Centre shall mean an establishment having facilities for meetings, seminars, exhibitions, workshops and other similar activities and may include dining facilities to serve participants but does not include sleeping accommodation. Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Energy- Related shall mean a use within a building, or structure that is directly involved in the administration, distribution, research and development, testing, or production of energy and energy related products, Fitness Centre shall mean an establishment that provides facilities for recreational or athletic activities, including but not limited to body-building and exercise classes. Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as administrative offices, laboratories, lecture rooms, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 23A.2 PERMITTED USES No person shall within the Energy Park Office (M01) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) financial office without a drive-through facility; ii) energy-related business or administrative office; iii) convention centre; iv) day nursery; v) fitness centre; vi) hotel; vii) university or college facilities; viii) research and development facility; and. ix) eating establishment without a drive-through facility. 23A.3 REGULATIONS a) Lot Area (minimum) 1 hectare b) Lot Frontage (minimum) 80 metres c) Yard Requirements: i) For lots fronting onto South Service Road Front Yard 28 metres (minimum) to 31 metres (maximum) 4 metres (minimum) to 8 metres (maximum) Exterior Side Yard ii) For lots fronting onto Energy Drive (a future public street shown on Schedule 1) Front Yard 6 metres (minimum) to 8 metres (maximum) Exterior Side Yard 4 metres (minimum) to 8 metres (maximum) iii) For lots fronting onto other roads Front Yard 4 metres (minimum) to 8 metres (maximum) Exterior Side Yard 4 metres (minimum) to 8 metres (maximum), except where the exterior side yard abuts South Service Road, then the exterior side yard shall be 28 metres (minimum) to 31 metres (maximum), or except where the exterior side yard abuts Energy Drive, then the exterior exterior side yard shall be 6 metres (minimum) to 8 metres (maximum) iv) Interior Side Yard (minimum) v) Rear Yard (minimum) 5 metres 10 metres, except where the rear yard abuts South Service Road, then the rear yard shall be 28 metres (minimum) to 31 metres (maximum) d) e) Lot Coverage (maximum) 60% Landscape Open Space (minimum) 20% f) Building Height (minimum) 12 metres on lands located within 50 metres from Courtice Road or South Service Road, otherwise 5 metres g) Landscaping Strip Width Requirements (minimum) i) ii) Front Yard and Exterior Side Yard Interior Side Yard and Rear Yard 4 metres 2 metres h) The length of the building fayade of the first building constructed along the front lot line of a lot shall be a minimum width representing 40% the total length of the lot frontage. i) No outside storage or outside garbage facilities shall be permitted, j) Parking areas shall not be located within the required front yard or the exterior side yard." 2. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23B as follows: "SECTION 238 238 ENERGY PARK PRESTIGE (M02) ZONE 23B.1 DEFINITIONS For the purposes of this zone, the following definitions apply; Business or Administrative Office shall mean an establishment in which one or more persons are employed in conducting, managing, or administering a business. The term business or administrative office includes the administrative offices of a government agency or a non-profit organization. Drive-Through Facility shall mean the use of land, buildings or structures, or part thereof, to provide or dispense products or services, either wholly or in part through an attendant or a window or an automated machine, to customers remaining in motor vehicles located in a stacking lane. Energy Industry shall mean an establishment that have as its main focus the development, commercialization and/or demonstration of energy products and services, This may include assembly, manufacturing, fabricating or processing activities that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, material sorting or dismantling, a waste management or processing facility, or a waste incineration facility. Energy- Related shall mean a use within a building, or structure that is directly involved in the administration, distribution, research and development, testing, or production of energy and energy-related products. Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as lecture rooms, administrative offices, laboratories, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 238.2 PERMITTED USES No person shall within the Energy Park Prestige (M02) Zone use any land or erect, alter or use any bUilding or structure except as specified hereunder: i) financial office without a drive-through facility; ii) commercial or technical school; iii) energy-related business or administrative office; iv) day nursery; v) energy industry; vi) university or college facilities; and, vii) research and development facility. 238.3 REGULATIONS a) Lot Area (minimum) 1 hectare b) Lot Frontage (minimum) 80 metres c) Yard Requirements i) For lots fronting onto South Service Road Front Yard Exterior Side Yard 28 metres (minimum) to 31 metres (maximum) 4 metres (minimum) to 8 metres (maximum) ii) For lots fronting onto other roads Front Yard Exterior Side Yard 4 metres (minimum) to 8 metres (maximum) 28 metres (minimum) to 31 metres (maximum) iii) Interior Side Yard (minimum) 5 metres iv) Rear Yard (minimum) 10 metres, except where the rear yard abuts South Service Road, then the rear yard shall be 28 metres (minimum) to 31 metres (maximum) d) Lot Coverage (maximum) 60% e) Landscape Open Space (minimum) 20% f) Building Height (minimum) 5 metres g) Landscaping Strip Width Requirements (minimum) i) Front and Exterior Side Yard 4 metres ii) Interior Side and Rear Yard 2 metres h) The length of the building fayade of the first building constructed along the front lot line of a lot shall be a minimum width representing 40% the total length of the lot frontage. i) No outside storage or outside garbage facilities shall be permitted. j) Parking areas shall not be located in the required front yard or the exterior side yard." 3. Section 238.4 "SPECIAL EXCEPTIONS - ENERGY PARK PRESTIGE (M02) ZONE" is hereby amended by introducing a new subsection 238.4.1 as follows: "23B.4.1 ENERGY PARK PRESTIGE EXEPTION (M02-1) ZONE Notwithstanding Section 238, those lands zoned M02-1 on the Schedules to this By-law, in addition to the uses and regulations permitted in the M02 zone, may also be used for the purposes of an automotive auction subject to the following: a) Definitions: "Automotive Auction" shall mean the use of land, buildings or structures or part thereof, used for the storage of operable motor vehicles which are to be sold on the premises by public auction. b) Regulations: i) lot area (minimum) 12 hectares ii) The maximum building area to be used for automotive auction purposes 2400 square metres iii) Accessory uses to an automotive auction may include a car wash, a motor vehicle repair garage, and a business or administrative office.' 4. Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 23C as follows: "SECTION 23C 23C ENERGY PARK LIGHT INDUSTRIAL (ML 1) ZONE 23C.1 DEFINITIONS For the purposes of this zone, the following definitions apply; Business or Administrative Office shall mean an establishment in which one or more persons are employed in conducting, managing, or administering a business, The term business or administrative office includes the administrative offices of a government agency or a non-profit organization. Energy Industry shall mean an establishment that have as its main focus the development, commercialization and/or demonstration of energy generation products and services. This may include assembly, manufacturing, fabricating or processing activities that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, material sorting or dismantling, a waste management or processing facility, or a waste incineration facility. Energy- Related shall mean a use within a building, or structure that is directly involved in the administration, research and development, testing, or production of alternative energy sources. Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as lecture rooms, administrative offices, laboratories, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 23C.2 PERMITTED USES No person shall within the Energy Park Light Industrial (ML 1) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) energy-related business or administrative office; ii) energy-related commercial or technical school; iii) energy industry; iv) outside storage of goods and materials where such use is accessory and incidental to permitted use; and v) research and development facility. 23C.3 REGULATIONS a) Lot Area (minimum) 0.5 hectares b) Lot Frontage along Energy Drive, a future public street shown on Schedule 1 (minimum) 50 metres Lot Frontage along other roads (minimum) 30 metres c) Yard Requirements i) Front Yard Along Energy Drive 6 metres (minimum) to 8 metres (maximum) Along other roads 4 metres (minimum) to 8 metres (maximum) ii) Exterior Side Yard 4 metres (minimum) to 8 metres (maximum) iii) Interior Side Yard (minimum) 5 metres iv) Rear Yard (minimum) 10 metres d) Lot Coverage (maximum) 60% e) Landscape Open Space (minimum) 10% f) Building Height (minimum) 5 metres g) Landscaping Strip Width Requirements (minimum) i) Front Yard and Exterior Side Yard 4 metres ii) Interior Side Yard and Rear Yard 2 metres h) The length of the building fa~ade of the first building constructed along the front lot line of a lot shall be a minimum width representing 40% the total length of the lot frontage. i) Parking areas are not permitted within the required front yard or exterior side yard. 23C.4 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS Servicing, loading and garbage areas shall be located in the rear or interior side yard and shall be screened from view. Servicing and loading areas in an interior side yard shall be set back a minimum of 10 metres from the front of the building, 23C.5 REGULATIONS FOR OUTSIDE STORAGE a) A maximum of 25% of the lot area may be used for outside storage. b) Maximum height of outdoor storage area 3 metres" c) Outside storage of materials shall be screened from public streets adjoining the lot by a combination of buildings, berms or landscaped open space. 5, Section 23 "LIGHT INDUSTRIAL (M1) ZONE" is hereby amended by introducing a new subsection 230 as follows: "SECTION 230 230 ENERGY PARK GENERAL INDUSTRIAL (ML2) ZONE 230.1 DEFINITIONS For the purposes of this zone, the following definitions apply; Energy Industry shall mean an establishment that have as its main focus the development, commercialization and/or demonstration of energy products and seNices, This may include assembly, manufacturing, fabricating or processing activities that are not offensive or not likely to be offensive by reason of the amount of noise, smoke, odour, emissions, or vibration produced therein, but excludes a recycling facility, material sorting or dismantling, a waste management or processing facility, or a waste incineration facility. Research and Development Facility shall mean an establishment used for the purpose of conducting pure and applied research and experimentation and includes such facilities as lecture rooms, administrative offices, laboratories, display rooms, pilot units, simulating equipment and the like and service and machine shops to serve the research and development facility. 230.2 PERMITTED USES No person shall within the Energy Park General Industrial (ML2) Zone use any land or erect, alter or use any building or structure except as specified hereunder: i) energy industry; ii) energy-related commercial or technical school, iii) outside storage of goods and materials where such use is accessory and incidental to a permitted use; and iv) research and development facility. 230.3 REGULATIONS a) b) Lot Area (minimum) 0.5 hectares Lot Frontage (minimum) 30 metres c) Yard Requirements i) Front Yard and Exterior Side Yard 4 metres (minimum) to 8 metres (maximum) 5 metres 1 0 metres ii) iii) Interior Side Yard (minimum) Rear Yard (minimum) d) Lot Coverage (maximum) 60% e) Landscape Open Space (minimum) 10% f) g) Building Height (minimum) 5 metres Landscaping Strip Width Requirements (minimum) i) Front Yard and Exterior Side Yard ii) Interior Side Yard and Rear Yard 4 metres 2 metres h) The length of the building fayade of the first building constructed along the front lot line of a lot shall be a minimum width representing 40% the total length of the lot frontage. i) Parking areas are not permitted within the required front yard or exterior side yard. 230.4 REGULATIONS FOR SERVICING, LOADING AND GARBAGE AREAS Servicing, loading and garbage areas shall be located in the rear or interior side yard and shall be screened from view, Servicing, loading and garbage areas in an interior side yard shall be set back a minimum of 10 metres from the front of the building. 230.5 REGULATIONS FOR OUTSIDE STORAGE a) A maximum of 50% of the lot area may be used for outside storage. b) Maximum height of outdoor storage 5 metres" c) Outside storage of materials shall be screened from public streets adjoining the lot by a combination of buildings, berms or landscaped open space. 6. Section 230.6 "SPECIAL EXCEPTIONS - ENERGY PARK GENERAL INDUSTRIAL (ML2) lONE" is hereby amended by introducing a new subsection 230.6.1 as follows: "230.6.1 ENERGY PARK GENERAL INDUSTRIAL EXEPTION (ML2-1) ZONE Notwithstanding Section 230, those lands zoned ML2-1 on the Schedules to this By-law, in addition to the uses and regulations permitted in the ML2 zone, may also be used for the purposes of an automotive auction and a motor vehicle wrecking yard subject to the following: a) Definitions: "Automotive Auction" shall mean the use of land, buildings or structures or part thereof, used for the storage of motor vehicles which are to be sold on the premises by public auction. b) Regulations: i) Lot area (minimum) 10 hectares ii) The maximum building area to be used for automotive auction and motor wrecking 1400 square metres iii) Maximum height of outside storage associated with automobile auction and motor vehicle wrecking yard 3 metres iv) No portion of the lot used for outside storage shall be visible from an abutting property or an improved public street." 7. Schedule "1" to By-Law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding - Light Industrial ((H)M1) Zone" to "Holding - Energy Park Office ((H)M01) Zone" "Holding - Light Industrial ((H)M1) Zone" to "Holding - Energy Park Prestige ((H)M02) Zone" "Holding - General Industrial ((H)M2) Zone" to "Holding - Energy Park Office ((H)M01) Zone" "General Industrial (M2) Zone" to "Holding - Energy Park Prestige ((H)M02) Zone" "General Industrial (M2) Zone" to "Holding - Energy Park General Industrial ((H)ML2) Zone" "General Industrial (M2) Zone" to "Holding - Energy Park Prestige Exception ((H)M02-1) Zone" "General Industrial Exception (M2-11) Zone" to "Holding - Energy Park Light Industrial ((H)ML 1) Zone" "General Industrial Exception (M2-11) Zone" to "Holding - Energy Park General Industrial ((H)ML2) Zone" "General Industrial Exception (M2-15) Zone" to "Holding - Energy Park General Industrial Exception ((H)ML2-1) Zone" "Holding - General Industrial ((H)M2) Zone" to "Holding - Energy Park General Industrial ((H)ML2) Zone" "Holding - General Industrial ((H)M2) Zone" to "Holding - Energy Park Light Industrial ((H)ML 1) Zone" "Service Station Commercial Exception (C6-6) Zone" to "Holding - Energy Park Office ((H)M01) Zone" as shown on the attached Schedule "A" hereto. 8. Schedule "A" attached hereto shall form part of this By-Law. 9. This By-Law shall come into effect on the date of the passing hereof, subject to the provisions of Sections 34 and 36 of the Planning Act, R.S,O. 1990, By-Law read a first time this day of 2006 By-Law read a second time this day of 2006 By-Law read a third time and finally passed this day of 2006 John Mutton, Mayor Patti L .Barrie, Municipal Clerk This is Schedule passed this "A" to By-law 2006- day of ,2006 A.D. , ~ ZONING CHANGE FROM "(H)M1" TO "(H)M02" ZONING CHANGE FROM "M2" TO '(H)M02-1" I:::::{:.:::t}::tl ~~2~;~~ T~;~~~EJ_~?M ZONING CHANGE FROM "M2-11" TO '(H)ML2" ZONING CH,\NGE FROM "(H)M2' TO "(H)ML2" ~ ZONING CHANGE FROM ~ "(H)M2'TO',H)ML1" ZONING CHANGE FROM "M2" TO "(H)ML2-1" III ZONING CHANGE FROM "M2" TO "(H)ML2" ~ ZONING CHANGE FROM ~ "M2-11" TO "(H)ML1" III ZONING CHANGE FROM "(H)M1" TO "(H)M01" ~ ZONING CHANGE FROM ~ "(H)M2" TO "(H)M01" _ZONING CHANGE FROM "C6-6" TO "(H)M01" _ ZONING TO REMAIN "EP" John Mutton. Mayer Patti L, Barrie. Municipal Clerk ..... ONT"'" Courtice SUMMARY OF BY-LAWS FEBRUARY 27, 2006 BY -LAWS 2006-036 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge) (Item 3 of Report #1) 2006-037 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Penwest Development Corporation Ltd.) (Item #4 of Report #1) 2006~038 b(,~:1g a by-law to authorize entering into an agreement with the '"'wners of 8185 King Road, Haydon, James and Cindy Stewart- Haass and the Corporation of the Municipality of Clarington in respect of minor variance application A2005/040 (Item #5 of Report #1 ) 2006-039 being a by-law to authorize the transfer of an easement shown as Part 6 of Registered Reference Plan 40R-20800 for the purpose of constructing and maintaining a stormwater outfall 0N.E. Roth Construction Limited) (Item #8 of Report #1) 2006-040 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (The Municipality of Clarington) (Unfinished Business) 2006-041 being a by-law to adopt Amendment No. 46 to the Clarington Official Plan (The Municipality of Clarington) (Unfinished Business) 2006-042 being a by-law to adopt Amendment No. 48 to the Clarington Official Plan (Adopted by Council February 13, 2006)