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Home My WebLink About04/10/2006 g~ipgron GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: TIME: APRIL 10, 2006 9:30 A.M. PLACE: COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST 3. MINUTES (a) Minutes of a Regular Meeting of March 27,2006 301 4.(a) PRESENTATIONS (i) Alex McAllister, Board of Director Honours and Awards Chairperson, St. John's Ambulance - Presentation to Craig Macklem, Parking Enforcement Officer (b) DELEGATIONS No Delegations 5. PUBLIC MEETINGS (a) Application to Amend the Clarington Official Plan and Plan of Subdivision and to Amend the Zoning By-law Applicant: Courtice Woods Inc. Report: PSD-034-06 501 (b) Application for Draft Plan of Subdivision Approval Applicant: Steven and Karen Carruthers Report: PSD-035-06 503 (c) Application to Amend the Zoning By-law 84-63 Applicant: Eastman Holdings Ltd. Report: PSD-036-06 505 CORPORATION OF THE MUNICIPALITY OF CLARINGTOt 40 TEMPERANCE STREET, BOWMANVI LLE. ONTARIO L 1 C 3A6 T (905) 623-337! G.P. & A. Agenda -2- April 10, 2006 6. PLANNING SERVICES DEPARTMENT (a) PSD-034-06 - Proposed Official Plan Amendment, Rezoning and 601 Proposed Draft Plan of Subdivision to Permit the Development of 77 Residential Units Applicant: Courtice Woods Inc. (b) PSD-035-06 - Proposed Plan of Subdivision for 26 Residential 616 Lots in the Hamlet of Enniskillen Applicant: Steven and Karen Carruthers (c) PSD-036-06 - Rezoning to Permit a Gas Station, Car Wash and 624 Convenience Store Applicant: Eastman Holdings Ltd. (d) PSD-037 -06 - Draft Plan of Subdivision to Permit 122 Single Detached 632 Dwellings, 99 Street Townhouses and 98 Apartment Units in the City of Oshawa Applicant:. Raina Parentcorp. Inc.lCameo Subsidiary Corp. (e) PSD-038-06 - Authorization to Amend the Subdivision Agreement 638 For Registered Plan 40M-2225 Owner: 2075568 Ontario Inc. (f) PSD-039-06 - Clarington Heritage Committee (LACAC) Governing 642 By-law and Terms of Reference (g) PSD-040-06 - Durham Regional Official Plan Review - Proposed 654 Amendments (Part 1) (h) . PSD-041-06 - Monitoring of the Decisions of the Committee of 675 Of Adjustment for the Meeting of March 30, 2006 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-011-06 - Intersection of Longworth Avenue and Scugog . Street, Bowmanville 701 (b) EGD-O 17 -06 - Confidential Report - Property Matter (c) EGD-020-06 - Move Ontario - Special One-Time Funding Opportunity 708 from the Province of Ontario for Municipal Roads and Bridges G.P. & A. Agenda - 3- A ril10 2006 p , (d) EGD-021-06 - Clarington Centre Subdivision Phases 1 and 2 . 712 Bowmanville, Plan 40R-16302, "Road Dedication By-law" (e) EGD-022-06 - Baldwin Street Reconstruction - Newcastle 716 8. OPERATIONS DEPARTMENT (a) OPD-002-06 - Rates and Fees 801 (b) OPD-003-06 - Clarington Pitch-In Canada Events 819 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT (a) CSD-007 -06 - 2006 March Break Extravaganza 1001 11. CLERK'S DEPARTMENT No Reports 12. CORPORATE SERVICES DEPARTMENT (a) COD-012-06 - Joint Health and Safety Committee - 2006 Update 1201 T arms of Reference and Continuous Improvement Plan (b) COD-014-06 - Confidential Report - Legal Matter (c) COD-015-06 - Co-Operative Tender W02-2006, Supply, Delivery and 1226 Application of Calcium/Magnesium Chloride (d) COD-016-06 - Tender CL2006-5, HVAC Upgrades at Gamet B. 1230 Rickard Recreation Complex 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT No Reports G.P. & A. Agenda i I. -4- April 10, 2006 15. UNFINISHED BUSINESS 16. OTHER BUSINESS Confidential Verbal Report of the Solicitor - Legal Matter 17. ADJOURNMENT C/e:l ri llt.,'t 011 IJtwhftt 1ft>/- U6I.l' (-, General Purpose and Administration Committee Minutes March 27, 2006 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, March 27, 2006 at 9:30 a.m., in the Council Chambers. 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, 1. Cannella (attended until 10:17 a.m.) Director of Community Services, J. Caruana (attended until 10:17 a.m.) Director of Operations, F. Horvath (attended until 10:17 a.m.) Director of Corporate Services, M. Marano (attended until 10:17 a.m.) Director of Planning Services, D. Crome (attended until 10:17 a.m.) Director of Finance, N. Taylor Director of Emergency & Fire Services, G. Weir (attended until 10:17 a.m.) Deputy Clerk, A. Greentree Clerk II, C. Tennisco (attended until 10:17 a.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST Councillor Pingle indicated that she would be stating a pecuniary interest with respect to Report PSD-030-06. Councillor Pingle advised she is the owner of property in the vicinity. MINUTES Resolution #GPA-136-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the minutes of the special meeting held on March 3, 2006 of the General Purpose and Administration Committee and the regular meeting of the General Purpose and Administration Committee held on March 6, 2006 be approved. CARRIED 301 General Purpose and Administration Committee Minutes March 27, 2006 PRESENT A liONS No Presentations DELEGATIONS Resolution #GPA-137-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the agenda be altered to add Gerald Hasiuk to the list of delegations. CARRIED Nancy Mallette, Garden Co-Ordinator, Volunteer Sponsorship Co-Chair, Artists in the Garden, appeared before Council requesting assistance with parking for the fund raising event to be held on Saturday, June 17, 2006. The event will involve tour groups visiting nine artists' homes throughout Clarington; three of which have restricted parking. The areas of concerns are in the vicinity of 99 Church Street, 2804 Highway 57 in Bowmanville, and 261 Mill Street in Newcastle. In closing, Ms. Mallette requested parking spaces be set aside at the Division Street Parking Lot, the Garnet B. Rickard Complex, and the Newcastle Memorial Arena. Dale Gibson, Courtice Business Association and business owner of W 0 Insurance Brokers located at 1564 Highway #2, Courtice, addressed Council regarding Report EGD-013-06. Mr. Gibson requested the Municipality create a visual impact, announce the entrance, and visually distinguish the west entrance to Courtice. Mr. Gibson suggested the installation of banners on existing light poles be installed at both the east and west entrances into Courtice. In closing, Mr. Gibson advised of a fundraiser to be held on Thursday, May 4,2006, at the Hilltop Restaurant between 7:00 p.m. - 9:00 p.m. to raise funds to cover the cost of the banners. Gerald Hasiuk, 941807 Ontario Ltd, and his son Bob Hasiuk, appeared before Council in regards to Report PSD-026-06. Mr. Hasiuk requested Council to authorize the removal of the Holding (H) Symbol on the property located at 2347 South Service Road, Bowmanville. Mr. Hasiuk believes that the leasing business operating out of this location is in compliance with the Zoning By-law and the Official Plan Amendment. Mr. Hasiuk confirmed they are operating as a leasing company and not a trucking company. He is willing to work with staff on a site plan to make the property more attractive. Mr. Hasiuk confirmed that the property located at Courtice and Baseline Road would continue to be used to house trailers. Councillor Schell chaired this portion of the meeting. PUBLIC MEETING There were no public meetings considered under this section of the Agenda. - 2- 302 General Purpose and Administration Committee Minutes March 27, 2006 PLANNING SERVICES DEPARTMENT PROPOSED OFFICIAL PLAN AMENDMENT TO DELETE COMMUNITY PARK DESIGNATION AND REPLACE WITH URBAN RESIDENTIAL DESIGNATION APPLICANT: SEALAND HOLDINGS INC. Resolution #GPA-138-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report PSD-026-06 be received; THAT in the absence of the necessary supporting documentation, the application to amend the Clarington Official Plan (COPA 2002-008) be refused and closed without prejudice; and THAT all interested parties listed in Report PSD-026-06 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF HOLDING OWNER: 941807 ONTARIO LIMITED Resolution #GPA-139-06 Moved by Mayor Mutton, seconded by Councillor Foster THAT Report PSD-028-06 be referred to staff to consider site alternatives and site plan options; and THAT staff report back to Council within one month. CARRIED MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 23, 2006 Resolution #GPA-140-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-029-06 be received; and -3- 303 General Purpose and Administration Committee Minutes March 27, 2006 THAT Council concurs with the decision of the Committee of Adjustment made on February 23, 2006, for applications A2006-0003 and A2006-0004, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CARRIED Councillor Pingle stated a pecuniary interest regarding Report PSD-030-06, vacated her chair, and refrained from discussion and voting on the subject matter. Councillor Pingle advised she is the owner of property in the vicinity. DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: PORT OF NEWCASTLE RESERVE LTD. PART LOT 29, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF CLARKE Resolution #GPA-141-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-030-06 be received; THAT the Draft Plan of Condominium application, submitted by Port of Newcastle Reserve Ltd. be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-030-06; THAT a copy of Report PSD-030-06 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-030-06 and any delegations be advised of Council's decision. CARRIED BILL 51, ONTARIO MUNICIPAL BOARD AND PLANNING ACT REFORM Resolution #GPA-142-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report PSD-031-06 be received for information. CARRIED -4- 304 General Purpose and Administration Committee Minutes March 27, 2006 Councillor MacArthur chaired this portion of the meeting ENGINEERING SERVICES DEPARTMENT CLARINGTON FIELDS - PARK NAMING Resolution #GPA-143-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report EGD-012-06 be received; and THAT the Community Park located at Baseline Road and Green Road be officially named Clarington Fields. CARRIED COURTICE STREETSCAPE ENHANCEMENTS Resolution #GPA-144-06 Moved by Councillor Foster, seconded by Councillor Schell THAT Report EGD-013-06 be received for information. CARRIED MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR FEBRUARY, 2006 Resolution #GP A-145-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report EGD-014-06 be received for information. CARRIED BELLMAN COURT SUBDIVISION, COURTICE, PLAN 40M-2132, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Resolution #GP A-146-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Report EGD-016-06 be received; -5- 305 General Purpose and Administration Committee Minutes March 27, 2006 THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plan 40M-2132; and THAT Council approve the by-law attached to Report EGD-016-06, assuming a certain street within Plan 40M-2132, as public highway. CARRIED BY-LAW TO REGULATE CONSTRUCTION OF DRIVEWAY ENTRANCES UPON THE HIGHWAYS UNDER THE JURISDICTION OF THE MUNICIPALITY OF CLARINGTON Report EGD-018-06 was withdrawn from the Agenda prior to the meeting. APPOINTMENT OF INSPECTOR Resolution #GPA-147-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report EGD-019-06 be received; THAT Mr. Les Shelley be appointed as Inspector for the Municipality of Clarington effective Monday, March 27, 2006 and that his name be added to Schedule 'A' of By-law 2005-145; and THAT the by-law attached to Report EGD-019-06 be forwarded to Council, FORTHWITH. CARRIED OPERATIONS DEPARTMENT There were no reports considered under this section of the Agenda. -6- 306 General Purpose and Administration Committee Minutes March 27, 2006 Councillor Pingle chaired this portion of the meeting EMERGENCY & FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - FEBRUARY 2006 Resolution #GPA-148-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report ESD-004-06 be received for information. CARRIED COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. Councillor Foster chaired this portion of the meeting. CLERK'S DEPARTMENT 2006 ANIMAL LICENCE SALES CAMPAIGN Resolution #GP A-149-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-01 0-06 be received for information. CARRIED Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT There were no reports considered under this section of the Agenda. -7- 307 General Purpose and Administration Committee Minutes March 27, 2006 FINANCE DEPARTMENT AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON RESOLUTIONS PERTAINING TO 2006 FARM TAXES Resolution #GPA-150-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report FND-003-06 be received; THAT the two (2) resolutions dated February 9, 2006 from the Agricultural Advisory Committee of Clarington pertaining to 2006 farm taxes be received for information; THAT the Province of Ontario be requested to match the tax ratio reduction for the education portion of the tax bill for farm properties; THAT the Agricultural Advisory Committee of Clarington be advised of actions taken by Council; and THAT a copy of Report FND-003-06 be forwarded to John O'Toole, MPP. CARRIED MAYOR & COUNCILLORS' REMUNERATION & EXPENSES FOR 2005 Resolution #GPA-151-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report FND-004-06 be received for information. CARRIED CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT There were no reports considered under this section of the Agenda. UNFINISHED BUSINESS Resolution #GPA-152-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the delegation of Nancy Mallette, Artists in the Garden, be referred to the Clerk's Department. CARRIED -8- 308 General Purpose and Administration Committee Minutes March 27, 2006 OTHER BUSINESS CLARINGTON PUBLIC LIBRARY BOARD Resolution #GPA-153-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the correspondence from Mayor John Mutton submitting his resignation from the Clarington Library Board be received, with regret; THAT Councillor Charlie Trim be appointed to the Clarington Library Board; and THAT the appropriate by-law be forwarded to Council, FORTHWITH. CARRIED Mayor Mutton informed the Committee that as Chair for the Finance and Administration Committee, Regional Municipality of Durham, he is pleased to announce the Regional Budget has been kept to a minimal increase which is in comparison with the lower-tier municipalities. Furthermore, a vote will be held on Wednesday, March 29, 2006 with regards to the Large Industrial Tax Class. Councillor Robinson reported that an external agency has approached the Orono and Newcastle Arena Boards to donate defibrillators. The Boards are requesting the Municipality of Clarington to supply the necessary training for staff. Councillor Schell announced the Newcastle Lions Club has offered to provide the Newcastle Arena Board with a defibrillator. The Lions Club expect that the maintenance of the unit would be the responsibility of the Municipality. The Director of Community Services was requested to contact the organizations to discuss this matter further. VERBAL CONFIDENTIAL REPORT - LEGAL MATTER Resolution #GPA-154-06 Moved by Councillor Pingle, seconded by Councillor Foster THAT the meeting be "closed" to allow for consideration of the Verbal Confidential Report of the Solicitor regarding a legal matter. CARRIED The meeting resumed in "open" session at 11 :00 a.m. -9- 309 General Purpose and Administration Committee Minutes March 27, 2006 RATIFY ACTIONS Resolution #GP A-155-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken at the closed meeting be ratified. CARRIED ADJOURNMENT Resolution #GP A-156-06 Moved by Councillor Pingle, seconded by Councillor Foster THAT the meeting adjourn at 11 :01 a.m. CARRIED MAYOR DEPUTY CLERK -10 - 310 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: COURTICE WOODS INC. REVISED APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW AND APPLICATION FOR PLAN OF SUBDIVISION Cl!l!illgton PUBLIC MEETING REPORT # PSD-034-06 COURTICE WOODS INC. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Official Plan Amendment, a proposed Zoning By-law Amendment, and a Plan of Subdivision under Sections 17, 34 and 51 respectively of the Planning Act, 1990, as amended. APPLICATION DETAILS The revised applications submitted by Courtice Woods Inc. for lands located generally north of Centrefield and east of Old Varcoe Road, as shown on reverse, proposes to amend the Clarington Official Plan by deleting the provisions for a Public Elementary School and Medium Density Residential; and revising the population and unit counts for the Worden Neighbourhood; and to amend the Zoning By-law to permit the development of a 77 residential unit Plan of Subdivision consisting of 55 singled detached dwellings, 11 .Iots for 22 semi-detached dwellings and a 5.77 hectare block for a park (open space block). . Planning File Nos.: COPA 2003/014, ZBA 2003-052 and S-C-2003-001 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity 10 make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, April 10, 2006 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Tuesday, April 18, 2006, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, April 12, 2006, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Official Plan Amendment and approval of the Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nd Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. An Official Plan Amendment adopted by the Municipality of Clarington is forwarded to the Region of Durham for approval, unless it is determined during the review process that the Amendment is exempt from Regional approval. For an exempt Amendment, the decision to adopt by Clarington Council becomes final, subject to any appeal during the statutory appeal ~~. ' Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rt! Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6, or by calling Tracey Webster at (905) 623-3379 extension 326 or bye-mail attwebster@clarinqton.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Official Plan and Zoning By-laW Amendments and Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Official Plan Amendment is adopted or the Zoning By-law Amendment and Draft Plan of Subdivision are approved, the Ontario Municipal Board may dismiss all or part of the appeal. Dated at.t~~I~l rington this 7'h day of March, 2006. . 1>>~. ( ~aJkt6;';;~(~ ., ~;~~ Director of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 ~n1 o <( o D:: W o () D:: <( > 9 o --- --- --.... .........- ~ DllCl.E -------- PROPOSED ADELAIDE A VENUE EXTENSION ---- -- -- BLOCK 69 PROPOSED ADELAIDE "VENUE EXTENSION O.01ho. ; \ I BLOCK 67 PARK 5.77ho. CcN'rr- 'C.f?F'/cLD Df?/1IC v-~~ ~ ~~.:; # 4- j; ~ COPA 2003-014 Claringtori Official Plan Amendment SC-2003-001 Draft Plan of Subdivision ZBA2003-052 Zoning By-law Amendment ~ 0:: ... z ::J ~ .... Owner: Courtice Woods Inc. . 502 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: STEVEN & KAREN CARRUTHERS A N APPLICATION FOR DRAFT PLAN OF SUBDIVISION APPROVAL CI!!!illgron PUBLIC MEETING REPORT # PSD-035-06 STEVEN & KAREN CARRUTHERS TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed draft plan of subdivision, under Section 50 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed revised Draft Plan of Subdivision submitted by Steven & Karen Carruthers would permit the development of a plan of subdivision containing 26 lots for 26 single detached dwellings and a 0.98 ha park block. The subject property is located in Concession 8, Part Lot 18, former Township of Darlington, at 2318 Regional Road 3 as shown on reverse. Planning File Nos.: 18T-89012 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The public meeting will be held on: Monday, April 10, 2006 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. DATE: TIME: PLACE: If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Tuesday. April 18, 2006, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, April 12, 2006 to have your name appear in the Agenda. COMMENTS OR QUESTIONS? I f you wish to make a written submission or if you 'wish to be notified of subsequent meetings or the approval of the Draft Plan of Subdivision, you must submit a written request to the Clerk's Department, 2nCl Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6. Additional information relating to the proposal is available for inspection between 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rt! Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6. or by calling Susan Ashton at (905) 623-3379 extension 218 or by e-mail atsashton~clarinaton.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Draft Plan of Subdivision to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Draft Plan of Subdivision is approved, the Ontario Municipal Board may dismiss all or part of the appeal. C/-~/ .~ ~ . 0, /'"L '---- ~avid Crome, M.C.I.P., R.P.P. v Director of Planning Services Municipality of Clarington :?Ia,rjngton this 6th day of March 2006. ,. 40 Temperance Street Bowmanville, Ontario L1C3A6 bU;:S - C CD a. E III "0 == C !! c CD 0 ~ CD :0= .c lJ - ~ ~ NC ... ... ~ ....2 ca oU) 0 CD m> C a. CO- j e ."0 a. ....0 CO ~ ...(1) (I) '5 . . ... CD C C ca ~ i:i: 0 ~ = e Q II Ul ,... ,... I 2: \X.45 S d z Z <t -L N 18" 04' 00" 'lJ '- '?G." lJIlGINH. llIW'T PL"" IIl1JNIlAR'r ADDITIONAL LANDS N .1- '0' '0' II OIJNED BY AP PLICANT 278.86 =~~"lf PL"" - . tNVrr:~"';.'t"rft P[Il DRIO' II 24- 00' DO' II 50 ... N18-09"~'" 431.5'J <II ! Q) c I ~ ... i N ... ... ... -- - - a Q) CD ~ C') N ~ i ~ ~ ; . = N ... N i N - ... N 18- 31' Gr' V .. POTTER'S F J~ .... _ CDlTIlE mtrT ~ L - < Z HAMLET Q RESIDENTIAL - a: AREA .. 1 .~ Jji[9~ I II 11322 N18"Q6'DO'": "lI:t - J co N ; C') ... .... ; N ~ .... !!I ; N .- :s I 9 In 8 !: I ;: Z tNNISKILLtN n.EMENT ARY sc GRIJUolDS HlXL ~ '98.88 R GISTERE . P . . 1 2 r ~AN ro, ~M-t6 5 TRAVELLED . ROAD KNOIJN M~ fJ~ALE R~GIS AS ~LD SCU~OG ROAD 6 EREDI PLANI ~ 1 2 3 4NO,I 10SM-717 504 CORPORATION OF THE MUNICIPALITY OF CLARINGTON NOTICE OF PUBLIC MEETING I DEVELOPMENT APPLICATION BY: EASTMAN HOLDING LTD. AN APPLICATION TO AMEND THE ZONING BY-LAW 84-63 Q@l1gron PUBLIC MEETING REPORT # PSD-036-06 EASTMAN HOLDING LTD. TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law Amendment, under Section 34 of the Planning Act, 1990, as amended. APPLICATION DETAILS The proposed Zoning By-law Amendment submitted by Thyagarajah Sivakumar would permit an expansion to the existing building includingja gas station, convenience store, and car wash in addition to permitted general commercial uses. The subject property is located Part Lot 27, Concession 2, Former Village of Newcastle, 216 King Avenue East, Newcastle (as shown on reverse). Planning File Nos.: ZBA 2006-0003 PUBLIC MEETING The Municipality of Clarington will hold a public meeting to provide interested parties the opportunity to make comments, identify issues and provide additional information relative to the proposed development. The . public meeting will be held on: DATE: TIME: PLACE: Monday, April 10, 2006 9:30 a.m. Council Chambers, 2nd Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanville, Ontario ANY PERSON may attend the public meeting and/or make written or verbal representation either in support of or in opposition to the proposal. The start time listed above reflects the time at which the General Purpose and Administration Committee Meeting commences. If you cannot attend the Public Meeting on this application you can make a deputation to Council at their meeting on Tuesday, April 18, 2006, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with the Clerks Department by the Wednesday noon, April 5, 2006, to have your name appear in the Agenda. COMMENTS OR QUESTIONS? If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed Zoning By-law Amendment, you must submit a written request to the Clerk's Department, 200 Floor, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. Additional information relating to the proposal is available for inspection betWeen 8:00 a.m. and 5:00 p.m. at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario L 1 C 3A6, or by calling Bruce Howarth at (905) 623-3379 extension 261 or by &om ail at bhowarth@c1arington.net. APPEAL If a person or public body that files a notice of appeal of a decision for the proposed Zoning By-law Amendment to the Ontario Municipal Board does not make oral submissions at a public meeting or does not make written submissions before the proposed Zoning By-law Amendment is approved, the Ontario Municipal Board may dismiss all or part of the appeal. t e Municipality of Clarington this 15th day of February, 2006. ~'(f Crome, M.C.I.P., R.P.P. o ctor of Planning Services Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 505 2S z Ci) ~ m I zl c m ~ -i ~ ~ CD ~ . . r-m -Da 3tn -- ;'3 a.Da ~ en - CD ~ CD CIa % o a: S- ea CIa i i j$j l I 0( . I I I " ::I !. ! . III en icn "'tI"'O iii'> ::s N ~Q 3 Q CD en ::s · a.Q 3 Q CD Q ::s ~ - ..... J.t.IL .:"c. :t.IC. 'a 20.' .. II: 0$0 I I .. · I I: 0 7~ .. I I I . i I I ~ I :1 -I I .. I & I I .. I :: I ~ ::s S- caN ~~ I;'N ~ Q >Q 3 tp CD Q ::s Q a.Q 3 w CD ::s - 1100 ,..~ .... .., '" an .. .. Cl 311I . II: i I Ii I I I I I 700 311I p ; ~ .. "0 a "0 CD a- b n I>> C!: o ~ ~ I>> "0 - ~ 506 C!Nillgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10, 2006 Report #: PSD-034-06 File #: COPA2003-014, By-law #: ZBA2003-052 and S-C-2003-001 Subject: PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 77 RESIDENTIAL UNITS APPLICANT: COURTICE WOODS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-034-06 be received; 2. THAT the application to amend the Official Plan submitted by Courtice Woods Inc. be referred back to staff for further processing; 3. THAT the applications to amend the Zoning By-law and the proposed Draft Plan of Subdivision, submitted by Courtice Woods Inc. to permit the development of 77 residential units be referred back for further processing and the preparation of a subsequent report,;and 4. THAT the applicant, Region of Durham, all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: ReviewedbY:U~~~ Franklin Wu, Chief Administrative Officer D v J. Crome, M.C.I.P., R.P.P. Director of Planning Services lW/CPIDJC/df 29 March 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 REPORT NO.: PSD-034-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Courtice Woods Inc. 1.2 Official Plan Amendment: The applicant has submitted an application requesting the following amendments to the Clarington Official Plan: · Amend Map A2 (Land Use) by deleting the Public Elementary and Medium Density Residential requirements from the subject property. · Amend Map E1 by changing the population allocation of the Worden Neighbourhood from 4000 to 3900. · Amend Table 9-2 by decreasing the housing target for the Worden Neighbourhood to reflect the following: i) 125 medium density units to 85 units ii) Total from 1400 units to 1360 units; and iii) Amending all corresponding totals. 1.3 Proposed Draft Approved Plan of Subdivision: The proposed Draft Plan of Subdivision submitted includes 77 residential units consisting of 55 single detached dwellings, 11 lots for 22 semi-detached dwellings and a 5.77 ha Park Block. 1.4 Rezoning: To change the current zoning to permit the development of the proposed Draft Plan of Subdivision. 1.5 Site Area: 11.45 hectares (28.3 acres) 2.0 LOCATION 2.1 The subject lands are located east of Old Varcoe Road, north of Centrefield Drive, being Part Lot 34, Concession 3 in the former Township of Darlington (Attachment 1). 3.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES 3.1 The subject site is currently vacant. The east half of the subject property is covered with a mixed forest woodlot, and west half is covered with grasses and shrubs. Site inspections conducted during the review of the original 2003 applications noted that the woodlot exhibited evidence of extreme wetness; standing water and spongy ground conditions. The woodlot has been identified as part of a provincially significant wetland complex. 602 REPORT NO.: PSD-034-06 PAGE 3 3.2 Surrounding Uses: North South - East West Open space and single detached dwellings Residential, single detached dwellings Residential, large lot single detached dwellings Residential, large lot single detached dwellings, Harmony Creek and associated valley lands 4.0 BACKGROUND 4.1 On November 21,2003 Staff received applications to amend the Clarington Official Plan and Zoning By-law along with an application requesting approval of a Draft Plan of Subdivision. A Public Meeting was held on January 29, 2004. A number of residents attended with two common concerns; proposed removal of the tableland woodlot and the requirement for a Watershed Study. Planning Services, Engineering Services and CLOC staff subsequently met with residents and clearly explained that the Master Drainage Plan previously completed for the area fulfilled this requirement for a Watershed Study. Section 20.2.3 of the Official Plan allows for previously approved master drainage plans to substitute for the requirement of a sub-watershed plan. 4.2 In 1986, the previous owners, Walter Schleiss and Raymond Holland submitted an application for draft plan approval 18T -86068 consisting of 102 residential units. The application was submitted concurrently with an application to amend the former Neighbourhood Plan for Courtice West which requested the removal of the "Minor Open Space" designation from the woodlot to allow residential development. In 1988, 13 lots fronting onto Centrefield Drive were draft approved, the balance of the site was deferred pending the submission of a study to determine the impacts on the woodlot. No such study was received. 4.3 The adoption of the Clarington Official Plan in 1996 designated the east half of the site as Environmental Protection Area in consideration of the tableland woodlot and hazard land feature. Subsequently, Council requested the Region of Durham to refuse and close the draft plan of subdivision application because it did not conform to the newly approved Clarington Official Plan. The Region unfortunately, as an oversight did not close the file. 4.4 In June 2003, within the context of Staff Report PSD-061-03 entitled - "Recommended Disposition of Outstanding Applications for Official Plan Amendments, Zoning By-law Amendments and Draft Plans of Subdivision", Council endorsed a recommendation that draft plan of subdivision 18T-86068 be refused and closed without prejudice. The subject property was subsequently sold and the new owners submitted the development applications described in the chart of Section 4.7 within this report. 4.5 In November 1989, Council adopted a resolution suspending all decisions on existing and future subdivision and rezoning applications pending the results of a Need and Route Study for the extension of Adelaide Avenue. The 1991 Durham Region Official Plan recognized this need by identifying Adelaide Avenue as extending from Townline Road to Courtice Road. 603 REPORT NO.: PSD-034-06 PAGE 4 In June 2004, the Region of Durham initiated an Environmental Assessment for the extension of Adelaide Avenue from Townline Road to Trulls Road. The purpose of the Study was to assess the need for the extension, identify the effects on the environment of alternative solutions and the design alternatives, and to identify the preferred alternative. The Study completed on November 18, 2005, recommended the construction of a three (3) lane urban/semi-urban road extension from Townline Road to Trulls Road with a culvert bridge crossing over Harmony and Farewell Creeks. The existing McLean Road right-of-way would be incorporated into the proposed Adelaide Avenue right-of-way. A local resident has requested that the Minister of the Environment (MOE) make an order for the project to comply with part II of the Environmental Assessment Act. The primary concerns identified in the request was the crossing of the road through a provincially significant wetland, roads that may cause groundwater contamination and land pollution by spreading invasive species into environmentally sensitive areas and the use of culverts instead of free span bridges in proximity to fish spawning grounds. The Region is awaiting acknowledgement from the MOE as to when they expect to review the Part II order request. Until the MOE makes a decision on the request, the route for the Adelaide Avenue extension is not finalized. 4.6 On January 23, 2006, the applicant submitted revised applications in response to the release of the Harmony-Farewell Iroquois Beach Provincially Significant Wetland (PSW) in September 2005. The new PSW identifies the woodlot on the subject property as a wetland. The applicant has revised the applications by limiting development, for the most part outside of the wetland area. 4.7 In December 2005, the Kawartha Pine Ridge District School Board indicated verbally to staff, that a Public Elementary School site would not be required on these lands as designed in the Clarington Official Plan. The revised application is reflective of this conversation by the proposed deletion of the Public Elementary School provisions from the Official Plan. 4.8 The following chart illustrates the differences between the November 21, 2003 proposed plan of subdivision and the current proposal submitted on January 23, 2006. 604 REPORT NO.: PSD-034-06 PAGE 5 7 62 10 22 22 28 127 77 5.58 4.07 5.77 2.01 0.73 0.02 1.01 0.37 0.03 0.07 2.03 1.21 11 .45 11 .45 5.0 PROVINCIAL POLICY STATEMENT 5.1 The subject applications were submitted prior to the release of the new Provincial Policy Statement (PPS) on March 1, 2005, therefore the policies of the 1997 PPS are applicable. The 1997 PPS states that no development will take place in a significant wetland. Development may be permitted adjacent to significant wetlands, and within or adjacent to significant woodlands and significant valleylands if it has been demonstrated that there will be no negative impacts on the natural features, or on their ecological functions. It is stated that the connections between natural features should also be maintained and enhanced. An Environmental Impact Study is being conducted to determine if the application has regard for the natural heritage policies of the PPS. The applications have regard for the Housing Policies of the PPS. Planning authorities are to provide fora range of housing types and densities with a ten year supply of lands which are designated, and a three year supply of serviced lands within draft approved and registered plans. . 6.0 OFFICIAL PLAN POLICIES 6.1 Durham Reaion Official Plan The lands are designated as Living Area within the Durham Regional Official Plan. Lands designated as Living Area permit the development of communities with defined boundaries, incorporating the widest possible variety of housing types, sizes and tenure. The north boundary of the subject property is bounded by the future extension of 605 REPORT NO.: PSD-034-06 PAGE 6 Adelaide Avenue, which is designated as a Type "C" Arterial. The proposed uses appear to conform to the Plan. 6.2 Clarinaton Official Plan In the Clarington Official Plan, the subject lands are designated as Urban Residential and Environmental Protection Area. A Medium Density Symbol and a Public Elementary School symbol are also identified on the subject lands. The lands are within the Worden Neighbourhood, which has a population target of 4000 people and a housing target of 1400 units. The extension of Adelaide Avenue is a Type B Arterial, and the future extension of Varcoe Road is a Collector Road. The applicant is requesting that the provisions for the medium density symbol and public elementary schools be deleted from these lands. Low Density residential uses shall be developed between 10-30 units per net residential hectare. The predominant housing form shall be single detached, semi-detached/link and duplex to a maximum height of 2.5 storeys. An Environmental Impact Study (EIS) shall be undertaken for development applications located on lands within or adjacent to the Lake Iroquois Beach, or any natural heritage feature identified on Map C. An EIS is also required where development proposals are located within 120 metres of the boundary of a wetland or a wetland complex. The Municipality, in consultation with the Region of Durham and the Conservation Authority have completed the Terms of Reference for this study which is currently underway by Niblett Environmental Associates. The expense of the study shall be borne by the proponent. 7.0 ZONING BY-LAW 7.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned "Environmental Protection (EP)" and "Holding-Urban Residential Type One ((H)R1)" . A zoning by-law amendment will be required in order for development to proceed. 8.0 PUBLIC NOTICE AND SUBMISSIONS 8.1 Public Notice was given by mail to each landowner within 120 metres of the subject site. Public Meeting signs were installed at two locations, one on Centrefield Drive, the other where Old Varcoe Road and Centrefield Drive diverge. 8.2 Staff received two enquiries from residents who reside in the vicinity of the subject site prior to the writing of this report. Mr. and Mrs. Gannon expressed their satisfaction with the revised proposal. Particularly that the majority of the woodlot is to be preserved and the housing form consists of only single and semi-detached/link dwellings. 606 REPORT NO.: PSD-034-oS PAGE 7 Mr. Rayner who lives on the west side of Old Varcoe Road, opposite to the proposed lot 31 indicated that he did not want anything built on that lot. When he purchased his home in 1987, he was advised by his Real Estate agent and Developer that nothing would be built across from his house. Staff advised Mr. Rayner that this area had been designated for Residential development prior to his purchase and the current proposed lot 31 is similar to the previous proposal submitted by Schleiss and Holland in 1986 (18T-86068). 8.3 A submission in opposition to the proposal was received from John Farrell on behalf of a group of residents in the Courtice area called Courtice Living Environmentally Aware Neighbours (CLEAN). The following summarizes the concerns of this group: · The 1994 Environmental Impact Study for the Courtice Major Urban Area references a need to maintain connectivity of wildlife corridors. CLEAN believes the subject property is an integral part of the east-west linkage between Farewell and Harmony Creeks. · Lots 1 to 5 and 14 to 20 encroach onto a portion of the land identified as Wetland # 50 in the Provincially Significant Harmony-Farewell Iroquois Beach Wetland Complex and should not be disturbed for the purpose of this subdivision plan. · Objection to residential development of the lands identified in the Official Plan for a public elementary school as neighbourhood public schools are overcrowded to the point where they are required to install portable classrooms to accommodate the student body. Given the ongoing residential development in the area it wouldn't be prudent for the Municipality of Clarington to allow the property to be used for any other purpose than that of a public elementary school. 9.0 AGENCY COMMENTS 9.1 Comments are outstanding from the following departments and agencies: . Public School Board . Separate School Board . Region of Durham Planning Department . Region of Durham Works Department . Canada Post Corporation . CMHC 9.2 Clarington Emergency Services, Region of Durham Health Department, Bell Canada, Rogers Cable and Hydro One Networks Inc., offered no comments or objections on the applications. 9.3 The Central Lake Ontario Conservation Authority indicated that until the Environmental Impact Study (EIS) is completed and Adelaide Avenue extension/alignment has been finalized, they are not in a position to comment favourably on the applications. Niblett Environmental Associates Inc. are currently undertaking the EIS. 607 REPORT NO.: PSD-034-06 PAGE 8 9.4 Enbridge Gas Distribution Inc. requested standard conditions be included in the subdivision agreement. 9.5 The Engineering Services Department provided comments on the applications that need to be addressed prior to further consideration. These include: The location of the Adelaide Avenue extension must be confirmed by the Region of Durham. Until Adelaide Avenue is constructed, Varcoe Road would be the only road providing access to the subdivision. Timing of any development of the subject lands will be restricted by the number of external roads and road accesses that are available. Full development of the draft plan will require that Adelaide Avenue be constructed in a manner that provides functional connections to other arterial roads. The specific lots available for building permits at any time will be determined at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. Varcoe Road is identified as a collector street in the Official Plan. Future versions of the draft plan must show Varcoe Road as a collector street with a 26.0 metre wide road allowance. The road must have a minimum centreline radius of 135.0 meters. Lot 31 (and potentially some lots north of Lot 31) were identified as potentially being unsuitable for residential building purposes. The applicant must submit a detailed grading plan with cross sections in support of Lot 31. The required plan must demonstrate that the aforementioned road widening and the topography of Lot 31 are suitable for the construction of a residential dwelling. The lots north of Lot 31 may require a submission of the same level of detail. Fencing may be required along the rear lot line of these lots. The subject lands are potentially tributary to existing storm sewer works constructed on Varcoe Road. The storm sewer works on Varcoe Road have been oversized to accommodate development of the subject lands and have been constructed by a developer who has entered into a development agreement with the Municipality. As a condition of the subdivision agreement entered into between the Municipality and Walter Schleiss and Raymond D. Holland the Municipality has agreed to endeavour to collect an appropriate share of the cost of oversized storm sewer works from future upstream developers. The applicant must provide the Engineering Department with a Stormwater Management Implementation Report which provides for the sequential construction of the stormwater management works necessary for the entire watershed and addresses the impacts of developing this plan of subdivision in the absence of the balance of the watershed. This report shall be subject to the approval of the Director of Engineering Services. That applicant will be required to provide a Master Drainage Study that is satisfactory to the Director of Engineering Services and CLOC. The applicant's engineer will be required to prepare a Preliminary Lot Grading and Drainage Plan that details the configuration of the on-site storm sewer system (minor 608 REPORT NO.: PSD-034-06 PAGE 9 system) and the conveyance of the overland flow (major system) from the subject lands. The required plan will be subject to the approval of the Director of Engineering Services prior to the approval of this draft plan. Block 67 is labeled as Park Block on the plan but this area is actually Environmentally Protected land. The Municipality will not accept Environmentally Protected land as parkland dedication. The developer will still be required to provide their 5% park dedication through suitable parkland or cash in lieu. Fencing will be required along the rear lot line of the lots backing onto the open space. 1 0.0 STAFF COMMENTS 10.1 Due to the proximity of the proposed development to the Harmony-Farewell Iroquois Beach PSW, the tableland woodlot, Lake Iroquois Beach, and Harmony Creek and its associated valleylands, an Environmental Impact Study is required. Niblett Environmental Associates have begun work on the EIS. A steering committee comprised of the Region of Durham, Central Lake Ontario Conservation Authority, a citizen representative and the applicant has been established to assist Staff with the review of the EIS. Completion of the EIS is anticipated for late June. 10.2 The 2000 Land Acquisition Strategy identifies the tableland woodlot as not developable due to it's Environmental Protection designation in the Official Plan. As such, the Land Acquisition Strategy recommends these lands be dedicated through the development application process. Block 97 should be labeled as Open Space rather that Park, as it better reflects the intent of the Official Plan and Land Acquisition Strategy to protect natural heritage features to facilitate passive recreational activities. 10.3 The Durham Region Official Plan, designates Adelaide Avenue as an important part of the arterial road network extending to Courtice Road. The Clarington Official Plan, as approved in 1996, incorporated the Adelaide Avenue extension. 10.4 On November 18, 2005, the Region of Durham issued a Notice of Completion for the Adelaide Avenue Extension Environmental Assessment (EA). However, a request has been submitted to the Ministry of the Environment (MOE) to make an order for the project to comply with Part II of the Environmental Assessment Act. The Adelaide Avenue extension is on hold until the MOE makes a decision on the Part II order req uest. Until the Part II order request for the Adelaide Avenue EA is dealt with, the plan of subdivision cannot be completed without prejudice to the EA. 10.5 The subdivision proposes eleven, 18.0 metre frontage link lots, creating 22, 9.0 metre frontage parcels on the extension of Varcoe Road just south of the intersection of the proposed Adelaide Avenue alignment. Staff are concerned that this creates a number of individual access points in close proximity to the intersection with the Type C arterial road. The smaller frontage lots should be relocated. Additionally, the Municipality is no longer accepting link lots in new plans of subdivision. Link lots are marketed as single 609 REPORT NO.: PSD-034-06 PAGE 10 detached dwellings and create confusion among the purchasers. Staff will support traditional semi-detached units based on 18 metre minimum frontages or single detached dwellings based on a 10 metre minimum frontage lot. 11.0 CONCLUSIONS 11.1 The purpose of this report is to satisfy the Public Meeting requirements under the Planning Act and taking into consideration the outstanding comments, staff respectfully request that this report be referred back to staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Location Map Attachment 2 - Clarington Official Plan Amendment Attachment 3 - Adelaide Avenue Extension Interested parties to be notified of Council and Committee's decision: Mr. Phil Litowitz Mr. Ian Roher Mr. Shawn Goldenberg Sernas Associates Mr. Brian McAuley Ms. Natalie Nowosad Mr. John Farrell Mr. Michael Strahl Ms. Nancy Strahl Mr. Mario Popov Mr. Michel Roy Mr. Dan Piper Ms. Libby Racansky Cor Eysermans Alice and Sharon Blacklock Nellie and John Nekkers John O'Toole MPP (Durham East) Neil Verbeek Dr. Rose-Anne Viera Mr. Duvel Wendy Gallagher Mike and Sandra March Katie Wrigley John Nekkers Linda Gasser Michel Roy . Richard K. Williamson & Anita Anastacio 610 Attachment , To Report PSD-034-06 Cl <( o 0::: W o U 0::: <( > Cl -l o ---- -- --- ----0._ _ ,.- aRCU: -------- PROPOSED ADELAIDE A VENUE EXTENSION - -- - -- BLOCK 69 PROPOSED ADELAIDE AVENUE EXTENSION O.Olho. ~ BLOCK 67 PARK 5.77ha. <:l <5 q:; /j' ~ s CCNh- 'c:.RF"ltLD DRI Vf: p ~ \.~~~ J ~:S) f5'''''' rt ~ ~ '" COPA 2003-014 Clarington Official Plan Amendment SC-2003-001 Draft Plan of Subdivision ZBA2003-052 Zoning By-law Amendment Owner: Courtice Woods Inc. 611 PURPOSE: LOCATION: BASIS: ACTUAL AMENDMENT: Attachment To Report PSD-034-Q Attachment No. 1 AMENDMENT NO. TO THE CLARINGTON OFFICIAL PLAN The purpose of this amendment to the Clarington Official Plan is to delete a public elementary school symbol and a medium density residential symbol in the Worden neighbourhood, and to adjust the neighbourhood housing targets accordingly. The subject site is located east of Old Varcoe Road, south of Block 100 road allowance (future Adelaide Road East extension), west of Tooley Road and north of Centerfield Drive, and is contained within part of lot 34, Concession 3, in the former Township of Darlington. This amendment is based on Council's consideration of an Official Plan Amendment Application (COPA 2003-014) submitted by Sernas Associates on behalf of Courtice Woods Inc. The Clarington Official Plan is hereby amended as follows: (i) By amending Map "A2", as indicated on Schedule lA' attached to this amendment. (ii) By amending Map "E1", as shown in Schedule '8' attached to this amendment. (iii) By amending Table 9-2 by: a. Adjusting the housing targets for the Worden neighbourhood (N3) as follows: Medium density units from "125" to "85" Total housing units from "1400" to "1360" 612 b. Adjusting the housing totals for the Courtice area as follows: Total medium density units from "1625" to "1585" Total housing units from "12918" to "12878" The applicable lines of Table 9-2 shall read as follows: Table 9-2 Housina Taraets bv Neighbourhood Urban Area Neiohbourhoods Housing Units Residential Units Central Areas Intensification Total Courtice Low Medium Hiah Medium High N3 Worden 1175 85 0 0 0 100 1360 TOTAL 8775 1585 125 110 250 2033 12878 INPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding the implementation of the Plan shall apply to this amendment. INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan, as amended regarding the interpretation of the Plan shall apply to this amendment. 613 I I I. r. I I 3 3. m 3 m I , B . . I I , -. '.!'>.. M ",...,..,..,. " ........ SCHEDULE IB' . TO AMENDMENT NO.~ TO THE CLARINGTON OFFICIAL PLAN -~-=n I I~ . I Ig I~ r ---. 'leAN BOlJtIlttRY' NEJGHBOURHOOD llClUNIWn' (1 000) POPUlA11ON . (.) SEE SECTION 17..7 ,. !~._--_. 200 .. . --------. . I ~ a: Ii _~__...:a: MAP E1 NEIGHBOURHOOD PLANNING UNITS COURTICE URBAN AREA OffiCIAL PLAN MUNICIPAUTY OF CLARINGTON DECEMBER 4. 2000 REFER TO SECT10NS 5 AND 9 I THIS ~1lON IS f'R<MJll) FOR COINDIOIC( 011. Y I N() RIJ'RI:SDfIS fl[CUSTIll IIOIlf1CA1IONS NIl N'f'IIO\MI.S I I I I LAKE ONTARA::7 N-053 614 ~ ..; ~ ~ ~ ~~ ~ .... UIl. ~ ~ Q.~ii ~ ~ I- hf'! :J~~ L1." U~i1:Cl; ~< !~h(J2;;~ ~a: ~~~z~~ g:c~aa~d~ ii' """I' ..\ llSUq i I n. ",.. !'~ .~. , i I II ! 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"" y . y" .;::- I ..... -.., ,'----------~--~~. , ~, ..::;:~ " "''l' , , , , , , , 615 cwmgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 10, 2006 Report #: PSD-035-06 File #: 18T -89012 By-law #: Subject: PROPOSED PLAN OF SUBDIVISION FOR 26 RESIDENTIAL LOTS IN THE HAMLET OF ENNISKILLEN OWNER: STEVEN AND KAREN CARRUTHERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-035-06 be received; 2. THAT the application for proposed Plan of Subdivision 18T-89012 submitted by Steven and Karen Carruthers be referred back to staff for further processing and the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: av tj J. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: U ~-~ Franklin Wu, Chief Administrative Officer SA *CP*DJC*sh*df 4 April 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 616 REPORT NO.: PSD-035-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Steven and Karen Carruthers 1.2 Agent: D.G. Biddle and Associates Ltd. 1.3 Revised Plan of Subdivision: 26 residential unit plan of subdivision consisting of 26 single detached dwellings and a 0.98 ha park block. 1.4 Site Area: 15.34 ha 2.0 LOCATION 2.1 The subject lands are located on a portion of a property at 2318 Regional Road 3, within the Hamlet of Enniskillen (Attachment 1). The property is contained within Part Lot 18, Concession 8, in the former Township of Darlington. 3.0 BACKGROUND 3.1 On January 25, 2006, D.G. Biddle and Associates Ltd. on behalf of Steven and Karen Carruthers, submitted a revised application to the Municipality of Clarington for the development of 26 residential units within the Hamlet of Enniskillen. Additional information, specifically a Hydrogeological and Site Servicing Study accompanied the application. 3.2 The original subdivision application was received in 1989 and was submitted by a previous owner, Mr. Rowan. The application contained 33 residential lots and one park block. Studies completed in support of the application indicate that the subject property is suitable for a maximum of 27 residential lots. The new owner, Mr. Carruthers has thus submitted this revised application with updated studies for water, soil and a review of any potential Oak Ridges Moraine features, hydrological or natural heritage. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The subject property is currently used for agriculture and has frontage along Regional Road 3 and Old Scugog Road. The property slopes downward from the north west to the south east. There is an agricultural ditch along the eastern boundary of this subdivision application that tile drains are directed to. 617 REPORT NO.: PSD-035-06 PAGE 3 4.2 Surrounding Uses: North South East West One rural residential lot and agricultural lands Hamlet residential area Agricultural Enniskillen Elementary School and hamlet residential area 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Reaion Official Plan The lands are designated Hamlet in the Durham Region Official Plan. Lands designated Hamlet are the predominant location for rural settlement. Hamlets shall be development in harmony with surrounding development and may consist of a variety of housing types as well as community facilities. 5.2 Clarinaton Official Plan The lands are designated Hamlet within the Clarington Official Plan. The predominant form of development within a hamlet shall be single detached residential dwellings. Community facilities, including parks, are also permitted. The Clarington Official Plan policies permit development within a hamlet provided it: . complements and enhances the historic character of the hamlet; . provides housing designed to complement the architecture of existing buildings; . implements a grid street system; and . considers opportunities and innovations to provide a more compact settlement form. 5.3 The Ministry of Municipal Affairs has recently approved amendments to the Clarington Official Plan which implement Oak Ridges Moraine policies. These new policies require a Hydrological Evaluation for any development or site alteration proposed within the 120 metre of a significant hydrological feature. The applicant has provided a hydrological evaluation of the intermittent stream. 6.0 ZONING BY-LAW 6.1 The subject lands are currently subject to both By-law 2005-109 (the Oak Ridges Moraine By-law which has yet to receive Ministerial approval) and Zoning By-law 84- 63. The subject lands are within the "Holding - Residential Hamlet ((H)RH) Zone" under By-law 84-63. Within By-law 2005-109 the subject lands are zoned "Holding - Rural Settlement One ((H)RS1)" and "Environmental Protection (EP)" under By-law 2005-109. A portion of the ((H)RS1) zoned lands are subject to the Environmental Holding Symbol. A removal of holding is required prior to development. 618 REPORT NO.: PSD-035-06 PAGE 4 7.0 PROVINCIAL POLICY 7.1 Provincial Policv Statement Provincial Policy states that settlement areas shall be the focus of rural growth and that appropriate development standards should be promoted which facilitate compact form, while maintaining appropriate levels of public health and safety. The subject lands are within a settlement area, the Hamlet of Enniskillen, and the current application has reduced the number of lots proposed from 33 to 27 lots to ensure soil capability is not exceeded by the development in keeping with the results of their hydrological and site servicing studies. 7.2 Oak Ridqes Moraine Conservation Plan (ORMCP) These lands are within the Oak Ridges Moraine and contain a significant hydrological feature. In keeping with the requirements of the Plan, the applicant has submitted an assessment of the hydrological feature (an intermittent stream fed by tile drains) and impact mitigation measures. 8.0 PUBLIC NOTICE AND SUBMISSION 8.1 Public notice was given by mail to each landowner within 120 metres of the subject site and public meeting notice signs were installed on the property on the Old Scugog Road and Regional Road 3 frontages. 8.2 To date, seven (7) inquiries have been received following the signs being posted and notice mailed out. The majority of the inquires have not objected to the proposed development, providing there are no adverse impacts on the residents of Enniskillen. The inquiries requested further information regarding the following: . How increased traffic volumes and speeds on Old Scugog Road would be dealt with; · Where the proposed intersection on Old Scugog Road would be located; · How existing wells would be protected for both water quality and water quantity; . If there would be sidewalk requirements; · Would a park be required as part of the subdivision development; and, · What size the proposed lots would be. The design of the subdivision addresses half of the comments noted above, the other questions will be reviewed in detail by staff together with outstanding agency comments. 619 REPORT NO.: PSD-035-06 PAGE 5 9.0 AGENCY COMMENTS 9.1 At the writing of this report, comments have been received from the Regional Planning Department, Hydro One Networks Inc., Clarington Emergency Services and Clarington Engineering Services. 9.2 The Regional Planning Department advises that a peer review is required for the Hydrogeological and Site Servicing Study. The applicant has been informed of this requirement. 9.3 Hydro One Networks Inc. and Clarington Emergency Services have no objection to this revised application. 9.4 Clarington Engineering Services have no objection to this proposed plan of subdivision. The applicant shall be required to enter into a subdivision agreement with the Municipality of Clarington to ensure all their requirements are met Their comments include: · Requirement for dedication of 3.0 metre road widening along Old Scugog Road; · Sight triangles to be dedicated to the Municipality of Clarington; · Several changes are required to thegradin9 and drainage plan, including a collector swale along the rear of lots 1-8 along the north and east property boundary; · The park size and configuration are acceptable. There has been discussion about the requirement for parkland in Enniskillen and Engineering Services will be contacting Mr. Carruthers directly to establish a timetable for the development of the park block; · A sidewalk is required along Old Scugog Road from the proposed road, southward to the north end of the school property; and · To use the park and school property in conjunction with each other, the proposed drainage swale between the two facilities needs to be moved elsewhere. 1 0.0 STAFF COMMENTS 10.1 The subject lands have been approved through the Official Plan for hamlet residential development and they have been included within the Enniskillen hamlet boundary since the approval of the Township of Darlington Official Plan, on October 31, 1960. 10.2 The original plan of subdivision application was submitted in February of 1989 and contained 33 residential lots and one park block. The number of lots was reduced in accordance with the recommendations of the Hydrogeologic Report in July 1989. A number of concerns with the application were noted by various provincial agencies and the application did not progress any further. The current owner purchased the lands in 2003 and has now submitted a revised subdivision application. 620 REPORT NO.: PSD-035-06 PAGE 6 10.3 The revised subdivision application is for the development of 26 single detached dwelling units on 26 hamlet residential lots. Each lot is proposed to be a minimum of 0.4 ha (1 ac) in area with lot areas ranging from 4026 m2 to 8437 m2 (1-2 acre), and averagi'ng 4930 m2 (1.2 ac). There is also a 0.98 ha (2.4 acre) park block within the plan. 10.4 The street pattern will complement the existing street pattern in Enniskillen. The proposed connection to Regional Road 3 will match up with Potter's Lane to the south. This intersection is currently a "T" intersection. The proposed intersection with Old Scugog Road and the north end of the subject property can not line up with Salter Court and Werrydale Drive intersections as Salter Court is north of the property and Werrydale Drive ends in front of the school. The proposed "T" intersection is half way between Werrydale Drive and Salter Court. 10.5 The proposed park block is located on the western portion of the site, abutting the Enniskillen Elementary School and has approximately 74 metres of frontage on Old Scugog Road and 120 metres of frontage on the proposed local road. As noted previously, Engineering Services is satisfied with the proposed size and configuration. The applicant will be contacted by Engineering Services directly to discuss the timing of park development. 10.6 The subject property is located on the Oak Ridges Moraine and the Oak Ridges Moraine Conservation Plan identifies a hydrologically sensitive feature abutting the proposed plan of subdivision. The original application submitted in 1989 included the intermittent stream, but after discussion with Municipal staff, the current owner revised the application to exclude the majority of the feature. A visual inspection of the feature indicates that it appears to be an agricultural drainage ditch and there is evidence of the tile drains emptying into it. The lands north and east of the drainage ditch are currently cultivated and the study submitted in support of the application suggests it is the tile drains from these fields that produce the majority of the flow in the ditch. Under the Official Plan a natural heritage evaluation is required for any development within the area of influence of a hydrological sensitive feature (120 metres). The applicant has submitted an evaluation; this is currently being reviewed by Staff and the Conservation Authority. 11.0 CONCLUSIONS 11.1 The purpose of this meeting is to fulfill the Planning Act requirements for a Public Meeting. It is recommended that the application be referred back to staff for further processing. Attachments: Attachment 1 - Key Map 621 REPORT NO.: PSD-035-06 PAGE 7 Interested parties to be notified of Council and Committee's decision: Steven and Karen Carruthers D.G. Biddle and Associates Ltd. Tami Robitaille Sonya Pratt Julie Andrews Brett Smith Jeni Deatcher Dennis Trudel Wanda Pye-Beauparlant 622 - c :!! :;2 .- 'E c w - a. ftS. :E c o = ftS U .9 ~ CD a. e D. ~ Attachment 1 To Report PSD-035-06 - c CD E oa c CD E <C N 5 "t"" .r;; 0> m .- loa I-.Q ClO~ "t""... o C ftI a: ~ c N 18- 10' 10" V ADDITIONAL LANDS OlolNED BY APPLICANT 278.86 Nl9--42'cx:r'" 136.4, N 18- 04' cxr' '" 190.78 L OIlIGlNAl. . IllW'T Pl.'" IIlIUIIIlAO. IlEVISEIl DON'T Pl.AN IllUNDAItY ptO llIlMCP " ~&k'fI~"W"~"'''~I~ !1ff 00''' N 21- 27' :r " ~P. .. 24- 5Q.!6 ~l..., ~ ... 'll N 18- D9' 20. y 0431~9 .. 10 co ,... -.r .... .... .... ! N I') .... co 0) 0 ; .... i .... ..... ..... .... .. 10 ..... N N N I') N -.r N N II i -.r F: co N z N IS'"' 06' 011- \I 163.8:5 I') ; II !!! N ~ ENNISKILLEN ~I I tLEMENT,.R'I' SCHOOl. ...10. GIlDUNDS m 8 !l ..... . .- Milia.. z .... .. .. i:: J z ~ .1') !i ...w - J~L &0 z ~..... CENTllEIli-ET - ~ [ N 71- ,,, DO' E (; '.74' W HAMLET OF EN~ISKI~ a:: RESIDENTIAL AREA . :;; . ~ Jjt~~r 1\ a co ..... 0) .... o N TRAVELLED ROAD KNOlolN AS OLD SCUGOG ROAD ~DIPLANI ~. I 1 I 2 3 "I 5 I. ~STER~'PL~-7~6 . 1 I 2 I 3 I " I 5 ! CD .c - = t: ftI o C ~ .! tn i.: CD C . o II III .... .... I :E ~ d z z <[ .J --'I.- [ POTTER'S LANE 'F 623 Cl!!!ilJglOn REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monda~ApriI10,2006 Report #: PSD-036-06 File #: ZBA 2006-0003 By-law #: Subject: REZONING TO PERMIT A GAS STATION, CAR WASH AND CONVENIENCE STORE APPLICANT: EASTMAN HOLDINGS L TO. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-036-06 be received; 2. THAT the rezoning application submitted by Thyagarajah Sivakumer on behalf of Eastman Holdings Ltd. be referred back to staff for the preparation of a subsequent report; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: u~~~ Reviewed by: n:_ Franklin Wu, Chief Administrative Officer a I a. Crome, M.C.I.P., R.P.P. Director of Planning Services BH/CS/DJC/df 4 April 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 624 REPORT NO.: PSD-036-06 Page 2 1.0 1.1 APPLlCA liON DETAILS Owner: Eastman Holding Ltd. 1.2 Rezoning: from "General Commercial Zone (C1)" to include a gas station, car wash and convenience store in addition to permitted general commercial uses. The proposal is to construct an addition to the existing building and renovate the fuel pumps and canopy. The proposed drive-thru car wash is 111.32 square metres and includes a 10 car stacking lane. The second storey of the existing building would be converted to a caretaker residence. The service station would be removed and replaced with a convenience store. The existing building would also include the automotive parts retail store, and additional retail uses. 1.3 Location: 216 King Avenue East, Newcastle Village Part Lot 27, Concession 2, former Village of Newcastle 1.4 Date: Application received February 6, 2006. 2.0 BACKGROUND 2.1 Established prior to 1960, the site has been operating as a gas bar, automotive repair shop and automotive part retail store. 2.2 Site plan approval was issued in 1988 (DEV88-068) to expand the service bays, and further amended in 1994 (DEV94-034) to permit the development of a propane tank. 2.3 The site is serviced by municipal water and sewers. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the King Avenue frontage. 3.2 As of the writing of this report, staff received only one written submission opposing the application. The writer's concerns include: · Stacking requirements are too low. For similar car washes the queue can, at peak times, be up to 16 cars, which may result in cars stacking on King Avenue causing a hazardous traffic situation. · The stacking lane is 10m from residential property lines. The emissions from idling cars may have an effect on the air quality for the residents in the rear yard. · Noise from the car wash and idling cars will in the queue have a negative impact on the surrounding residences. 3.3 These comments will be addressed under section 9 of this report. 625 REPORT NO.: PSD-036-06 PAGE 3 4.0 URBAN DESIGN AND SITE CHARACTERISTICS 4.1 Located on the north side of King Avenue East, the lands are occupied by one building, and one gas bar with four pumping stations. The original building on the west side is one story with a white stucco fayade, a blue parapet along the top and contains two bays for automotive repair; The east side is a two storey concrete block addition with one repair bay with the remainder of the space being used for automotive parts retail and storage. There are 4 fuelling pumps in front of the building and a propane dispenser is located on the west side of the site. The structure is s~tback approximately 19 metres from the street. The lands are relatively level with no significant environmental features close to the site. The site is mostly paved with a minimal amount of landscaping. 4.2 Surrounding Uses: Directly to the north are single family detached residences on a cul-de-sac. A chain link fence and an established cedar hedge currently separate the uses. East of the site is a single detached residence; the zoning has recently been amended to permit a coin- operated car wash and a street orientated 2 storey retail unit. South of the site, there are old single detached residences (5 identified heritage houses) and a fire hall. To the west is a church with an attached manse, and a park which is the proposed future site of the Newcastle Library. 4.3 The car wash will be added on to the west side of the building, and a garbage enclosure and loading space provided at the east side. The scale of the additions is compatible with the existing building. However, the fayade should be upgraded to improve the aesthetics of the community as this site has a high profile due to its location along Highway 2. Due to the additional development of the site, additional parking is required which could result in the majority of the area being paved, leaving little area for landscaping. 626 REPORT NO.: PSD-036-06 PAGE 4 5.0 PROVINCIAL POLICY STATEMENT 5.1 The Provincial Policy Statement identifies settlement areas as the focus of growth and their vitality and regeneration should be promoted. Redevelopment of the site to include the convenience store, car wash and upgrades to the gas bar is consistent with the Provincial Policy Statement. 6.0 OFFICIAL PLAN CONFORMITY 6.1 The Durham Region Official Plan designates the subject property as Main Central Area. Living Areas are to be used predominantly for housing purposes. Convenience stores and automotive service station uses which are compatible with their surroundings are permitted. This proposal is consistent with the Regional Official Plan. 6.2 Official Plan Amendment 43, adopted by Council on March 1, 2006, renamed the designation from Newcastle Village "Main Central Area" to "Village Centre." 6.3 Development within Village Centres are planned with an integrated and diverse mix of uses. The pedestrian environment is paramount in all Village Centres and is enhanced through development which is human in scale, buildings of high architectural quality and pedestrian scale lighting. Public safety will be enhanced in the design and siting of buildings to provide visibility, easy access, multiple routes and unobstructive views from streets and buildings. These areas are to provide a diverse mix of uses and particularly redevelopment is encouraged to intensify with residential uses. 6.4 The Newcastle Village Centre Secondary Plan designates the property General Commercial Area. Objl3ctives of this plan include emphaSizing increased densities, quality urban design and to diversify retail uses. The Municipality, in cooperation with local businesses, will encourage fayade and signage improvements. 627 REPORT NO.: PSD-036-06 PAGE 5 7.0 ZONING BY-LAW CONFORMITY 7.1 The property is zoned "General Commercial Zone (C1)" which does not permit a convenience store, gas station, or car wash, hence the subject application. 7.2 The service station is a legally non-conforming use as it existed prior to the 1984 Zoning By-law. 8.0 AGENCY COMMENTS 8.1 In consideration of the nature of the application to allow a convenience store as an accessory use to an existing gas station, the application was circulated to a limited number of agencies. 8.2 There were no objections to rezoning the property to permit the gas bar, car wash and convenience store. Comments received primarily dealt with site plan servicing issues. Enoineerino Services . The entrances must be modified to a standard configuration and be aligned perpendicular to the roadway. . A 2% cash-in-Iieu of parkland contribution will be required from the applicant. . All necessary securities for entrance works, storm sewer connection, and landscaping must be provided. Durham Reoional Works . Municipal servicing is available through an existing 200mm watermain and an existing 300 mm sanitary sewer. . As part of the site plan approval process, the applicant is required to submit: o Water consumption rates; including anticipated peak demand o Clarification on water recycling rates during car washes, if applicable o Total discharge flows to the sanitary sewer; with clarification on how the solids disposal will be addressed . The applicant is responsible for the full cost of any servicing required to accommodate the proposal. Veridian Connections . A clear accommodation area for the corporation's transformer must be provided. . The applicant must make direct application to Veridian to obtain specific approval of the electrical service arrangements and related work for this project. 628 REPORT NO.: PSD-036-06 PAGE 6 9.0 STAFF COMMENTS 9.1 The subject site is zoned C1, General Commercial under Zoning By-law 84-63 of the Former Town of Newcastle. Permitted uses within the zone include retail commercial, existing motor vehicle service stations and fuel bars and a residential dwelling unit as part of a building containing. a permitted non-residential use. 9.2 King Avenue is the main east/west route through Clarington and Newcastle Village. Due to their high visibility, buildings along this road, and in particular, within the Main Central Area, should demonstrate a high quality of urban design in their fayades and landscaping. 9.3 The proposal should include an upgrade to the existing fayade to enhance architectural quality and complement the existing surrounding buildings. 9.4 The existing hedge at the rear of the site acts as a visual and noise barrier between the commercial and residential uses. The redevelopment proposal should include the preservation and maintenance of the hedge. " 9.5 The stacking requirement for a drive-thru car wash is 10 cars to accommodate peak hour demands. This requirement is consistent with other car-washes such as the one located at the corner of Hwy. 2 and Darlington Boulevard. 9.6 A noise study has been prepared and submitted to determine the impact of the car wash on nearby residences. The study recommends that a 3 m sound barrier fence along the 60 m north property line and a 2.4 m sound barrier fence west of the car vacuums be constructed. The study also recommends that the hours of operation for the car wash be limited to the day and evening periods only, preferably from 7:00 to 21:00. '. 9.7 A lighting study must be prepared to ensure that light will not adversely impact surrounding properties or traffic operations on Highway 2. 9.8 The Zoning By-law requires two loading spaces, but the site can only accommodate one. One loading space will be sufficient to service the site; the issue can be addressed through this zoning amendment. 9.9 A landscaping plan has been provided. Landscaping will be further modified and upgraded through site plan approval. 9.10 If the rezoning is approved, Eastman Holdings Ltd. will be required to enter into a site plan agreement with the Municipality of Clarington prior to any building permit being issued. 629 REPORT NO.: PSD-036-06 PAGE 7 10.0 RECOMMENDATIONS 10.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be referred back to staff for further review and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Thyagarajah Sivakumar Joseph Miller 630 To R Attachment 1 eport PSD-036-06 ~ a- la ::E c o = lJ .3 ~ at a- e a. - r::: CD ('I) E c"C c r::: c CD I E ~<( c ~ N ftI <~ m~ N c>> r::: C rS d - ~ r::: c CD c E c"C I r::: co CD c E c<( N r::: <.!! a..l1. tnS en m c>> r::: :s "6 :c m ~ CD S en r::: ftI"C ES -- mE ftI_ W..J i.: CD r::: ~ I I go, 51 I Cl ClO( .. ;: ClOt I t , I I I ~I = I I i ,,~ U I & I ~ I . I I I I. W I I:;: I :J I r II I Z .. 't t OU I I w I ~ I . I I I C!) I Z 52 ClOt ~ ~< ~1 ~\ 0011 Cl!J!il1gtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10, 2006 Report #: PSD-037 -06 File #: S-O-2005-04 By-law #: Subject: DRAFT PLAN OF SUBDIVISION TO PERMIT 122 SINGLE DETACHED DWELLINGS, 99 STREET TOWNHOUSES AND 98 APARTMENT UNITS IN THE CITY OF OSHAWA APPLICANT: RALNA PARENTCORP. INC. I CAMEO SUBSIDIARY CORP. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-037-06 be received; 2. THAT the City of Oshawa be advised that the Municipality of Clarington does not support the approval of the proposed Draft Plan of Subdivision (S-O-2005-04); 3. THAT the City of Oshawa be requested to consult with the Municipality of Clarington to obtain conditions of draft approval in the event of consideration of approval of this application or an Ontario Municipal Board hearing; and 4. THAT a copy of this report be forwarded to the City of Oshawa Development Services Department and the Region of Durham Planning Department. Submitted by: Oa i . Crome, M.C.I.P., R.P.P. Director of Planning Services ReVieWedbYC~ ~ Franklin Wu, Chief Administrative Officer BRlCP/DJC/sh/df 3 April 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE $TREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 632 REPORT NO.: PSD-037-06 PAGE 2 1.0 BACKGROUND 1.1 Owner: Raina Parentcorp. Inc.lCameo Subsidiary Corp. 1.2 Applicant: (same as owner) 1.3 Plan of Subdivision: To permit the development of a plan of subdivision with 122 single detached dwellings, 99 street townhouses and 98 apartment units. The development also includes a future development block, a landscape buffer along Townline Road North and local roads. The total site area is 10.99 hectares. 2.0 LOCATION 2.1 The property is in Part Lot 1, Concession 2, City of Oshawa. Specifically, the lands are on the west side of Townline Road North, south of the future Rossland Road East Extension, north of the future Kettering Drive Extension (see Attachment 1). 2.2 Much of the subject property has been identified as a provincially significant wetland, part of the Harmony-Farewell Iroquois Beach Westland Complex. 3.0 BACKGROUND 3.1 On January 6, 2006, the Municipality of Clarington was circulated by the City of Oshawa to provide comments on the above draft plan of subdivision. 4.0 AGENCY COMMENTS 4.1 The application was circulated to the Municipality of Clarington Engineering Services Department for review. The following comments have been received: Sidewalks and Street Illumination The City of Oshawa and the applicant will be responsible for 100% of the cost of any sidewalk or illumination improvements that are deemed necessary on Regional Road 55 to service this development. Storm Water Drainaoe All storm drainage flows, both minor and major, must be self-contained within the City of Oshawa and the road allowance for Regional Road 55. The developer's engineer must demonstrate this prior to final approval. 633 REPORT NO.: PSD-037-06 PAGE 3 5.0 STAFF COMMENTS 5.1 A Class Environmental Assessment Study for the extension of Rossland Road from Harmony Road to 500 metres east of Townline Road was undertaken by the Region of Durham in partnership with the City or Oshawa. Notice of Completion of the study was issued September 2005. Three alternative alignments were considered through the study. Alternative 2, the most southerly alignment, which cuts through the proposed draft plan of subdivision, (see Attachment 2) was selected by the City of Oshawa and the Region of Durham as the technically preferred alternative. This alternative also requires a realignment of Pebblestone Road at Townline. The Manager of Transportation and Design from the Region of Durham Works Department confirmed that the Region will be financially responsible for the realignment of Pebblestone Road, including land acquisition, to implement the preferred alternative. 5.2 Two landowners in Oshawa, including the owner of the subject proposed plan of subdivision, requested changes to the preferred alignment. These requests have not been resolved and the matter is currently before Ministry of the Environment. 5.3 The proposed plan of subdivision does not comply with the preferred alternative. Staff supports the position of the City and the Region and do not support the application as currently designed. 5.4 All existing development on the Clarington side of Townline Road North is based on private well and septic services. Should the development proceed, the applicant will be required to prepare a hydrogeological report to. assess any potential impact of development on neighbouring wells so that preconstructioninformation is available for subsequent monitoring. 5.5 In addition, should the development proceed, the City of Oshawa should confirm in writing that it will be responsible for assuming and accepting all costs for street illumination, and/or sidewalk improvements on Townline Road North, including their future maintenance. 6.0 CONCLUSION 6.1 In consideration of the comments provided within this report, it is recommended that the Municipality indicates that it does not support the approval of the proposed draft plan of subdivision. Should the plan be modified to incorporate the technically preferred alignment (Alternative 2) then the Municipality would review the revised draft plan of subdivision and provide detailed conditions of approval. 634 REPORT NO.: PSD-037-06 PAGE 4 Attachments: Attachment 1 - Key Map and Draft Plan of Subdivision Attachment 2 - Alternative 2 for Rossland Road Extension and Draft Plan of Subdivision List of interested parties to be advised of Council's decision: City of Oshawa Durham Region Planning Department 635 To Report PSD-037-1 C o 'en .S; :s .c ::s rn '0 C ea ii: it: I! c ~ .c en o "'CI C CL ea ... g8 -~ e-ea o .- u:2 - en c.a ! ::s earn Q. 0 ea CD .E E ca ea ~o - ; 0 ca 0< J: 0 III '" 0 ~ - c- o< vi ca III :iE 0 '" c 0 I ;: ca < U IJJ 0 a: ..J < ~ I- U IJJ CD -, II c- ell ~ :> III D. ~ o I It) o o C)I o I tn ~ CD C ~ o I ~f___ 'aM~ON~ iTS.1ii1 mu39"'];Hy;o:Tiy ov I ~ I ~.-.-._.-.--.J i.. 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Jt.:~} , ' ~~'I~~};"'':--l ,to: "m: ""i'~~~~J::~ ~ft ,. ~ ~ "", ~;"""~O ~il'l~ 11111:, '~~; ':.~ 1iC-J '~,~~ ~~~;~u,"~ :;;O!;=F~ll"~'~' ". 11~>!i "cHi)', "...~ ~ ~ _ I r'i~'= -"-. I I I U) c o -- Q. o c o -- U) c CD >< W "'C ca o D:: "'C C ca - U) U) o D:: ! ::::s .... ::::s LL. ,_I 631 Cl~gton REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, April 10,2006 Report #: PSD-038-06 File #: 40M-2225 By-law #: Subject: AUTHORIZA liON TO AMEND THE SUBDIVISION AGREEMENT FOR REGISTERED PLAN 40M-2225 OWNER: 2075568 ONTARIO INC. RECOMMENDA liONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-06 be received; 2. THAT the Mayor and Clerk be authorized by By-law to execute an amending Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; and 3. THAT the Region of Durham and all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by: D id J. Crome, M.C.I.P., R.P.P. Director of Planning Services cJ ~---~ Franklin Wu, Chief Administrative Officer TW/CP/DJC/lw/df 4 April 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERA"!CE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 638 REPORT NO.: PSD-038-06 PAGE 2 1.0 BACKGROUND 1.1 On December 12, 2005, 2075568 Ontario Inc. purchased Block 99 within Registered Plan 40M-2225 from Middle Road Developments. Registered Plan 40M-2225 is part of Draft Approved Plan of Subdivision, approved by Council on October 20, 2003. Block 99 abuts the west side of Scugog Street immediately north of Longworth Avenue. 1.2 2075568 Ont. Inc. proposed dividing Block 99 into 5 parts and melding it with abutting partial lots contained within Draft Approved Plan of Subdivision 18T-88051 to the west. The Block 99 lands together with the partial lots within 18T-88051 create 5 lots (see Attachment 1). 1.3 An application to exempt Part Lot Control from Block 99, 40M-2225 was submitted on November 11, 2005. This application is related to the amendment to Draft Approval of Subdivision 18T-88051 which was granted Draft Approval on, March 14, 2006. The recommendation report for 18T-88051, approved by Council on February 13, 2006 indicated that a landscaped block would be required to be dedicated to tile Municipality of Clarington on the lands subject to the Part Lot Control Application (Block 99). This block is located abutting the rear lot line of Block 25 on Attachment 1 and will assist in screening the noise attenuation fence required for the development. This dedication to the Municipality was not originally contemplated through the draft approval of the subdivision application or the subsequent Agreement. Hence an amendment to the Subdivision Agreement is necessary. 2.0 CONCLUSION 2.1 To ensure the conditions contained in the Subdivision apply to the new owner and that the landscape block is transferred to the Municipality, an Amending Subdivision Agreement is required. Attachments: Attachment 1 - Key Map Attachment 2 - By-law to Authorize Execution of an Amending Subdivision Agreement Interested parties to be notified of Council and Committee's decision: 2075568 Ontario Inc. Anthony Biglieri, The Biglieri Group 639 Attachment 1 To Report PSO-Q38-QS - - - - SUBJECT TO - - APPLICATION FOR - - EXEM PTION FROM PART LOT CONTROL BLOCK 99 OF 40M-2225 en ~~ -- ~ ) ~ ~ -- ~ /"" -...:..... q/ Bowmanville Key Map V \ .~~ ~ \\ ~ '\ Jt ~~~\ \ .., ~ ~\ /' \ ~ (": \ -~\ ~/'~ \ \ t ~ \ ~ \ \ \;::::-.:;:::-::::. \ \ \ - -- \ /' \ ~ \ \ Y \ ---;:::::;.\--\ \ / -- :::: ;:::: -- \ \ ) ^'\ ~ \ /' Owner: 2075568 Ontario Inc. and ~ 640 Attachment :l To Report PSD-038-06 THE CORPOFtATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to authorize entering into an amending agreement with the Owners of Plan of Subdivision 40M-2225, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 40M-2225. WHEREAS, Council on October 20, 2003, approved an amendment to Draft Approved Plan of Subdivision 1ST-SlOS6 located in Part Lot 13, Concession 2, former Town of Bowmanville and authorized the execution of a subdivision agreement with the Owner; AND WHEREAS, the Owner(s) of Plan of Subdivision 40M-2225 is now ready to proceed to finalize the amending subdivision agreement; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation's seal, an amending agreement between the Owners of Subdivision 40M-2225. 2. That the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. 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 641 CI!1[illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10,2006 Report #: PSD-039-06 File#: PLN 34.1.1 By-law #: Subject: CLARINGTON HERITAGE COMMITTEE (LACAC) GOVERNING BY-LAW AND TERMS OF REFERENCE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-06 be received; 2. THAT the Local Architectural Conservation Advisory Committee (LACAC) be renamed the Clarington Heritage Committee; 3. THAT the governing by-law for the Clarington Heritage Committee attached to this report be ADOPTED; 4. THAT the Terms of Reference attached to this report be APPROVED; and 5. THAT the Clarington Heritage Committee (LACAC) be advised of Council's decision. Submitted by: Reviewed by: 0 ~-~ Franklin Wu, Chief Administrative Officer a i J. Crome, M.C.I.P., R.P.P. Director of Planning Services IUFUDJC/df 4 April 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 642 REPORT NO.: PSD-039-06 PAGE 2 1.0 BACKGROUND In 1977 the Council of the former Town of Newcastle appointed its first Local Architectural Conservation Advisory Committee (LACAC). By-law 77-6 indicated that it was a by-law to establish the LACAC "to advise Council and assist the Council on all matters relating to Parts IV and V of The Ontario Heritage Act" (Attachment 1). Part IV of the Act refers to the designation of individual heritage buildings of historic or architectural value and Part V refers to the designation of heritage districts. The LACAC term runs concurrent with the term of Council. Every by-law appointing the Committee contained the same wording from 1977 until 1999. In 1998 the LACAC determined that the mandate of the Committee should be specifically detailed in a governing by-law approved by Council. Staff reviewed the practices of other municipalities, many of which did have separate governing by-laws. A draft by-law was prepared and forwarded to the Ministry of Culture for review. The Ministry confirmed that the by-law was in conformity with the Ontario Heritage Act. The governing by-law was recommended by the LACAC and approved by Council through Report PD-4-99 as By-law 99-1 (Attachment 2). 2.0 ONTARIO HERITAGE ACT CHANGES On November 26th, 2002, the wording of the Ontario Heritage Act was amended with the passage of the Government Efficiency Act. The amendments included changing the title LACAC to municipal heritage committee, and changing the reference to buildings of historic or architectural value to "property of cultural heritage value or interest". Section 28 was also amended to expand the Committee's role from providing advice and assistance on Part IV and V to "such other matters as the Council may specify by by- law". The amendment allows the heritage committee to advise Council on cultural heritage matters beyond the designation of buildings and districts as determined by Council. On April 28, 2005, the Ontario Heritage Amendment Act received Royal Assent and significant amendments were made to the original Act. The details 'of the changes were presented to Council through information Report PSD-063-05. The Province made a commitment through these changes to provide municipalities with criteria and guidelines to assist with the implementation of the revised Act's requirements. 3.0 CHANGES TO THE GOVERNING BY-LAW The Government Efficiency Act and the Ontario Heritage Amendment Act have prompted the LACAC to review their 1999 governing by-law. The Committee recommended the following changes: 643 REPORT NO.: PSD-039-06 PAGE 3 3.1 The reference to LACAC in By-law 99-1 be changed to Clarington Heritage Committee. Staff comment The Government Efficiency Act did not require that the LACAC change their name. The change from LACAC to municipal heritage committee was intended to reference the committee's new role in providing Council with advice on matters other than the preservation of buildings. Many municipal committees have retained the title LACAC for their heritage groups. The Clarington LACAC have reviewed the possibility of a name change but have not determined a new name for the Committee to date. They have suggested that Clarington Heritage Committee be used through out the by-law instead of municipal heritage committee as it identifies the municipality. Staff recommend that the Committee formally be renamed as the Clarington Heritage Committee. 3.2 Deletion of the objective 'To establish criteria for the evaluation of properties of architectural and/or historic value or interest". Staff comment The province has released its first set of criteria to assist with the implementation of the amended Ontario Heritage Act. Ontario Regulation O.Reg 9/06 came into effect on January 25th, 2006. The province has developed this regulation as the "criteria for determining cultural heritage value or interest". These criteria will replace the criteria currently used by the Committee. 3.3 The reference to built heritage resources be changed to properties of cultural heritage value or interest, and cultural heritage landscapes. 3.4 LACAC suggested two additional duties be added, the first being to represent cultural heritage issues on various municipal committees as requested, and the second being to conduct a fair and equitable analysis of all matters relating to cultural heritage conservation prior to making a recommendation to Council. 3.5 LACAC recommended that a provision for education of the Committee members be added. 3.6 The commitment for making a yearly report to Council be changed to a periodic report. Staff comment The additional changes (items 3.3 to 3.6) are recommended by the LACAC and are considered to be housekeeping. 3.7 The revised by-law was reviewed by the Ministry of Culture and the Ministry suggested that the by-law be expanded to include such details as the Committee's reporting relationship to Council, the level of staff support to be provided, and Council representation on the Committee. It is staff's opinion that this level of detail is best outlined in a Terms of Reference for the Committee. To this effect, staff prepared a 644 REPORT NO.: PSD-039-06 PAGE 4 Terms of Reference specific to the Clarington Heritage Committee based on the Council adopted Protocol for Committees of Council, approved by resolution number GPA-008- 04 on January 19th, 2004, and other Council appointed committees' terms of references. The changes to By-law 99-1 which were recommended by the LACAC have all.been incorporated into the new Terms of Reference. The LACAC reviewed the Terms of Reference during their meeting of March 21st, 2006, and are in support of its adoption. 3.8 The new Governing By-law will only outline the responsibilities of the Clarington Heritage Committee and make reference to the Terms of Reference as approved and amended by Council from time to time. 4.0 CONCLUSION Staff are recommending that the LACAC be renamed the Clarington Heritage Committee. Staff are satisfied that the Governing By-law and the Terms of Reference meets the provisions of the Ontario Heritage Act. The Terms of Reference may be amended by Council from time to time without amending the Governing By-law. Staff recommend that the by-,Iaw be approved by Council as the Governing By-law for the Clarington Heritage Committee, that By-law 99-1 be repealed, and that Council approve the Terms of Reference. Attachments: Attachment 1 - By-law 77-6 Attachment 2 - By-law 99-1 Attachment 3 - 2006 Governing By-law Attachment 4 - Terms of Reference Interested parties to be notified of Council's decision: LACAC members 645 Attachment 1 To Report PSD-039-06 R6":AL:i:O 3Y 9y.uw,.H;J::QQ:=P THE CORPORATION OF THE TO\-lN OF NEWCASTLE BY-LAW NO. 77-6 being a by-law to establish the Local Architectural Conservation Advisory Committee for th~ Town of Newcastle WHEREAS Section 28 of The Ontario Heritage Act, 1974 provides that the Council of a Municipality may, by by-law, establish a local advisory committee to be known as the Local Architectural Conservation Advisory 'Committee composed of not fewer than five members appointed by the Council to advise Council and assist the Council on all matters relating to Parts IV and V of The Ontario Heritage Act, 1974; THEREFORE the Council of the Corpor~tion of the Town of Newcastle enacts as follows: 1. That the Local hrchitectura1 Conservation Advisory Committee is hereby established and the following persons are hereby appointed to the LOcal Architectural Conservation Advisory Committee and shall continue in office for a term as indicated: Term Ending Marie Hubbard Jack Gordon W. Bill Bagnell Helen Schmid Forrest Dilling Patricia Reid Pat MacKay Mayor G. B. Rickard Councillor R. Bruce Taylor December 31, 1979 December 31. 1979 December 31, 1978 December 31, 1978 December 31, 1978 December 31, 1977 December 31. 1977 December 31. 1978 December 31, 1978 2. That the duties and procedures for the Local Architectural Conservation Committee shall be in accordance with The Ontario Heritage Act. 1974. 3. This by-law shall come into force and take effect on its passing. READ A FIRST AND SECOND TIME this 7th day of February 1977 READ A THIRD TIME AND FINALLY PASSED this 7th day of February 1977. SEAL G. B. Rickar4~ Mayor. /1-7 }{s- . \. ....- { ~ , J. M. McIlroy. Clerk /~--:-. ~.. 646 Attachment 2 To Report PSD-039-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 99.1 being a By-law t(fgovern the local Architectural Conservation Advisory Committee and provide for the appointment of members thereto WHEREAS Part IV, Section 28 of the Ontario Heritage Act (R.S.O., 1990, Chapter 0.18) states that the Council of a Municipality may, by By-law, establish a Local Advisory Committee to be known as the local Architectural Conservation Advisory Committee (LACAq composed of ,not fewer than five members appointed by Council to advise and assist Council on all matters related to Parts IV and V of the Ontario Heritage Act (R.S.O., 1990 Chapter 0.18); AND WHEREAS the Council of the Corporation of the Municipality of Clarington deemed it advisable to establish such a Committee and has provided for the appointment of members thereto since 1977; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to clarify the mandate of such a Committee; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. The LACAC shall consist of a minimum of five members. No maximum number of members sha.1I be set. Members shall be appointed by Council for a term concurrent with the term of the appointing Councilor until a successor is appointed. 2; The Council may, by by-law, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the LACAC. " 3. The LACAC shall, at the first meeting following their appointment, elect officers from the appointed Committee members. 4. The Council through the Municipal Treasurer shall establish separate records on behalf of the Committee. , 647 - 2 - 5. The responsibilities of the LACAC shall be as follows: · to establish criteria for the evaluation of properties of architectural and/or historic value or interest; · to prepare, evaluate, update and maintain a list of built heritage resources; · to advise Council on all matters related relating to Part IV and V of the Ontario Heritage Act; , · to advise and assist the Municipality on matters relating to built heritage resources and cultural heritage landsCapes; · to implement programs and activities, as decided by the Committee, which would increase public awareness and education of heritage conservation issues; ~! , ' · to utilize funds budgeted by Council and generated through fund raising activities to conserve the Municipality's heritage, increase public awareness and education, conduct research and provide for the general administration of the Committee; · to prepare a yearly report to advise Council of the Committees' activities; and · to meet monthly for a minimum of eight times per year. BY-LAW read a first and second time this 11'" day of January 1999. BY-LAW read a third time and finally passed this 1111I dayof January 1999. , ff(f/4'/~~ ~ 648 ~ , Attachment 3 To Report PSD-039-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a by-law to govem the Clarington Heritage Committee (LACAC) and provide for the appointment of members thereto WHEREAS Part IV, Section 28.(1) of the Ontario Heritage Act (R.S.O. 1990, Chapter 0.18) states that the council of a municipality may by by-law establish a municipal heritage committee to advise and assist the council on all matters relating to this Part, matters relating to Part V and such other heritage matters as the council may specify by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deemed it advisable to establish such a Committee and had provided for the appointment of members thereto since 1977; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to clarify the mandate of such a Committee; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1, The responsibilities of the Clarington Heritage Committee shall be as follows: To prepare, evaluate., update and maintain a list of properties of cultural heritage value or interest, and a list of cultural heritage landscapes; To advise and assist Council on all matters relating to Part IV and Part V of the Ontario Heritage Act, on all matters relating to properties of cultural heritage value or interest, and on all matters relating to cultural heritage landscapes; To represent cultural heritage issues on various municipal committees as requested; To conduct a fair and equitable analysis of all matters relating to cultural heritage conservation prior to making a recommendation to Council; To implement programs and activities, as decided by the Committee, which would increase public awareness and education of cultural heritage conservation issues, and promote community involvement; To utilize funds budgeted by Council and generated through fund raising activities to conserve the Municipality's cultural heritage, increase public awareness and education, conduct research. and provide for the general education and administration of the Committee; and To prepare a periodic report to Council to advise Council of the Committee activities. 2. THAT Council approve a Terms of Reference for the Clarington Heritage Committee which may be amended from time to time by Council resolution. 3, THAT By-law 99-1 is hereby REPEALED. BY-LAW read a first time this 18th day of April 2006 BY-LAW read a second time this 18th day of April 2006 BY-LAW read a third time andl finally passed this 18th day of April 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 649 Attachment 4 To Report PSD-039-06 CLARINGTON HERITAGE COMMITTEE TERMS OF REFERENCE Approved by Council April 18, 2006 1.0 GOAL 1.1 To assist the Municipality of Clarington in its efforts to identify, review, discuss and make recommendations to Council on properties and issues of cultural heritage value or interest. 2.0 MANDATE 2.1 The Clarington Heritage Committee is a volunteer advisory committee, established by the Municipality of Clarington Council in accordance with the provisions of the Ontario Heritage Act. Committee members are ultimately responsible to the Municipality of Clarington Council and are bound by the by-law appointing the Committee and these Terms of Reference. 3.0 RESPONSIBILITIES OF THE COMMITTEE 3.1 To prepare, evaluate, update and maintain a list of properties of cultural heritage value or interest, and a list of cultural heritage landscapes 3.2 To advise and assist Council on all matters relating to Part IV and Part V of the Ontario Heritage Act, on all matters relating to properties of cultural heritage value or interest, and on all matters relating to cultural heritage landscapes 3.3 To represent cultural heritage issues on various municipal committees as req uested 3.4 To conduct a fair and equitable analysis of all matters relating to cultural heritage conservation prior to making a recommendation to Council 3.5 To implement programs and activities, as decided by the Committee, which would increase public awareness and education of cultural heritage conservation issues, and promote community involvement 3.6 To utilize funds budgeted by Council and generated through fund raising activities to conserve the Municipality's cultural heritage, increase public awareness and education, conduct research, and provide for the general education and administration of the Committee 3.7 To prepare a periodic report to Council to advise Council of the Committee activities 650 4.0 COMMITTEE COMPOSITION AND OBLIGATIONS 4.1 The Clarington Heritage Committee shall consist of a minimum of five (5) voluntary members who are appointed by Council for the term of Council. The Council may, by resolution, replace members as members resign or as members are deemed to be inactive. Council may appoint from time to time such new members as considered desirable or as recommended by the Committee. The maximum number of members is set at twelve (12). 4.2 The Committee is to consist of members that possess the expertise, experience and willingness to devote the necessary time to the Committee. The Municipality will seek to obtain the following as members: . A municipal Council liaison . A representative from the Newcastle Village and District Historical Society . A representative from the Clarington Museum and Archives; if staff, an ex- officio member . An architectural historian . A building and design specialist . Area residents from each of the municipal wards that are experienced in heritage conservation matters 4.3 Openings for membership shall be publicly advertised. All residents and any nominated representative of an organization involved in cultural heritage issues are invited to apply. Applicants will submit the required application form to the Municipality of Clarington Clerks Department. Applicants shall possess knowledge of cultural heritage issues within Clarington. Applicants may also possess relevant heritage conservation experience, technical training in a heritage planning field, and/or current involvement in cultural heritage community activities. 4.4 The Committee shall, at the first meeting following their appointment, elect officers from the appointed members. A Chair, a Vice-chair, and a Treasurer shall be appointed by the Committee. 4.5 A recording secretary shall be provided by the Municipality. Duties of the recording secretary shall include the taking of meeting minutes and providing these minutes to the Clerk for Council's information. 4.6 The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. 4.7 The Vice-Chair shall assume the position and responsibilities of the Chair if the Chair is temporarily absent. If the position of the Chair becomes vacant the Vice- 651 Chair shall assume the responsibilities until a chair is elected. If the position of Vice-Chair becomes vacant, the Chair may appoint a member of the Committee until a new Vice-Chair is elected. 4.8 A majority of the membership shall constitute a quorum. In the event that a quorum is not achieved the meeting may proceed but members shall not vote or make decisions. 4.9 The Chair or a spokesperson appointed by the Committee may speak on behalf of the Committee to Council, the media, or the public. Other members shall not act or speak on behalf of the Committee without the prior approval of the Committee. 4.10 The Committee or its members shall not issue petitions, resolutions or position papers on behalf of the Committee unless specifically authorized by Council resolution. 4.11 The Committee members shall not act outside of the mandate and advisory capacity of the Committee. Should the Committee wish to comment on an issue that is within the mandate of another committee of council the Chair shall consult with the staff liaison and the chair of the other committee. 4.12 The Committee shall have the right to censure members that, in the Committee's opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee. 4.13 Members who wish to resign shall notify the Chair in writing of their decision. The Chair shall notify the Municipal Clerk in writing of the resignation. 5.0 MEETINGS. REPORTING AND MUNICIPAL SUPPORT 5.1 The Clarington Heritage Committee shall determine the location and frequency of meetings. Committee members, if absent for three consecutive meetings without providing regrets, will be considered to have lost interest in the Committee. The Clerk of the Municipality of Clarington shall be informed and the Committee member will be notified by the Clerk that they have been removed from the membership. A new member may be appointed by Council. 5.2 The Committee, by resolution or through its Chair, may invite any individual, interest group, agency or staff to appear at a meeting as a delegation or to submit or present information that will assist the Committee in carrying out its mandate. 5.3 All Committee meetings are open to the public. Members of the public are not permitted to participate in Committee discussions but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 652 minutes. Those wishing to appear as a delegation must so advise the staff liaison a minimum of five working days before the meeting. 5.4 The Chair may eject any member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. 5.5 Minutes of the Committee shall be submitted by the recording secretary to the Municipal Clerk for inclusion in the Council agenda for information. The minutes of the Committee meetings shall generally not attribute comments to the specific member of the Committee. 5.6 Recommendations and decisions reached by the Committee shall be based on consensus, whenever possible. In the event that a consensus cannot be reached the Chair may call for a formal vote by a show of hands. Decisions shall be carried by a simple majority of the voting members present. Each member of the Committee has a vote. 5.7 Recommendations from the Committee shall be submitted to the Municipal Clerk for inclusion in Council agenda' for direction. 5.8 The Planning Services Department shall provide clerical, administrative and technical assistance to the Committee as deemed appropriate by the Department's Director. 5.9 The Council through the Municipal Treasurer shall establish separate records on behalf of the Committee. 5.10 The Council representative shall be the liaison person between the Committee and Municipal staff. 5.11 To meet monthly for a minimum of eight times per year. 653 Q!Jlillgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRA liON COMMITTEE Date: Monday, April 10,2006 Report #: PSD-040-06 File #: PLN 2.5.3 By-law #: Subject: DURHAM REGIONAL OFFICIAL PLAN REVIEW - PROPOSED AMENDMENTS (PART 1) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. T~i\ T Report PSD-040-06 be received; 2. THAT Report PSD-040-06 be endorsed as the Municipality of Clarington's comments on the Proposed Amendments to the Region of Durham's Official Plan (Part 1); and 3. THAT a copy of PSD-040-06 and Council's decision be forwarded to the Region of Durham and any delegation. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services /\ ~--v~- Reviewed by:U Franklin Wu, Chief Administrative Officer BH/CS/FUDJC/df 4 April 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 654 REPORT NO.: PSD-040-06 PAGE 2 1.0 BACKGROUND 1.1 The current Durham Regional Official Plan (DROP) was approved by the Province in 1993. On April 5, 2000, Regional Council endorsed a two-phased approach to the review of the Durham Regional Official Plan. Phase 1 commenced in May 2000 with the release of a background paper entitled "Regional Official Plan Review, First Step _ Issues". The second phase of the Official Plan Review commenced in July 2003 with the Region's release of the following Discussion Papers: · Population, Employment and Urban Land; · Commercial Policy Review; · Protecting Our Rural Resources; · Towards a Sustainable and Healthy Environment; and · Issues and Directions (summary report) ,1.2 During the review process, the Region undertook a comprehensive Transportation Master Plan Study. In December 2003 the Municipality provided comments on the Durham Transportation Master Plan PSD-146-03. Recommendations from the Transportation Master Plan Study which affect land use policy have been included in the proposed amendment. . 1.3 The Municipality has provided comments to the Region on two previous occasions via reports PSD-045,.04 on the discussion papers, and PSD-161-04 on the recommended directions. Many of the previous comments have been addressed; however, there are some comments that have not been addressed as suggested, they are repeated in this review. We have added comments on new regional policies that are now included in the proposed amendment. In addition, now that the actual wording of the policies has been released, Staff have provided additional comments as noted in the attachment. 2.0 INTRODUCTION 2.1 The purpose of this report is to provide the Municipality of Clarington's comments on the amendments to the consolidated Durham Regional Official Plan. This report outlines staff's major concerns for Council. Attachment 1 contains recommendations for specific policies for Council endorsement as the Municipality's comments. 2.2 The proposed DROP Amendment relates only to the Transportation, Commercial, Rural and Environmental components. A number of policy changes are "housekeeping" to bring the Regional Official Plan into conformity with legislation changes including the Oak Ridges Moraine Conservation Plan, the Greenbelt Plan and the 2005 Provincial Policy Statement (PPS). 2.3 The Amendment does not address the Population, Employment and Land Needs component of the DROP Review. This component is to be released in April and comments on these policies will be made at that time. 655 REPORT NO.: PSD-040-06 PAGE 3 3.0 RURAL RESOURCES 3.1 The rural policy revisions in the proposed amendment have the following significant implications for Clarington, Staff have made a number of specific suggestions on the policies in order to provide a more workable policy for rural areas and residents (see Attachment 1): · The OP Review recommends merging the "General Agricultural Areas" and "Permanent Agricultural Reserve" designations to create a single agricultural land use designation, "Prime Agricultural Areas". In addition, the "Major Open Space" designation is replaced by "Natural Heritage System" some of the previously designated General Agriculture Areas have become this land use category; · Additional policies are included to permit a full range of agriculture, agriculture- related and secondary uses within the Prime Agricultural Areas and the Natural Heritage System, consistent with the Provincial Policy Statement, Greenbelt Plan and Oak Ridges Moraine Conservation Plan; · New policies prohibit the establishment of new golf courses and cemeteries in the Prime Agriculture Areas; · Deletion of policies that allowed the creation of retirement lots and severances for non-abutting surplus farm dwelling lots; · Additional policies that establish firm limits to Hamlet development, and clarification of policies regarding the form, type and limited scale of development intended for Hamlets; · Additional policies to restrict the growth and establishment of new rural settlements, such as country residential subdivisions, rural residential clusters, 4 hectares (10 acre) lots and rural employment areas; · Policies and designations for the establishment of new Regional Nodes in the rural area have been deleted. The existing rural Regional nodes within Clarington (Kirby Ski Hill and Mosport) have been retained to allow for their continued recognition and planning status; and · Clarification and updating of policies related to the development of Aggregate Resource Extraction Areas and their rehabilitation, including replacing the High Potential Aggregate Resource Areas Map to illustrate the most current geological information. 3.2 Kev Issues for Clarinaton · Agriculture-related industrial uses will be permitted within the Prime Agricultural Areas designation. This policy will allow the most productive soils in Clarington to be developed as agriculture-related industries. · Agriculture-related commercial uses may be established and severed in the prime agricultural area with an amendment to the Regional Official Plan. · The severance of a surplus dwelling due to consolidation of a non-abutting farm parcel will be prohibited. This policy is more restrictive than the greenbelt legislation. . Merging the "General Agricultural Areas" and "Permanent Agricultural Reserve" designations into one "Prime Agricultural Designation" has two potential impacts, the 656 REPORT NO.: PSD-040-06 PAGE 4 loss of prime agricultural land for non-agricultural uses, and being too restrictive on lands not considered by soil type as prime agricultural lands by farmers. . Encouraging comprehensive rehabilitation plans for adjacent aggregate operations in an area such that they will provide for an overall rehabilitation scheme that may include regional trails and continuous forest cover. 3.3 Staff Comments . "Permanent Agricultural Reserve" and "General Agricultural Areas" should remain as presently designated. General Agricultural Areas, by soil type, are generally not considered prime/good agricultural land. Merging the two designations reduces the flexibility of permitting additional uses in the general agricultural areas. A separate designation would be useful to encourage kennels, farm related industrial/commercial, sod farms, and riding and boarding stables to locate on non- prime soils. The rural area policies should be amended to encourage the conservation of prime soils for uses that require them (ie. food production). . Section 9A.2.11 should be amended to permit the severance of a surplus dwelling due to the consolidation of a non-abutting farm parcel. As a condition of severance, a zoning by-law amendment or an agricultural easement or some other method could be implemented for the remaining farm parcel to prohibit a residential dwelling. The proposed policy is more restrictive than the greenbelt plan. It discourages farm consolidation, forces farmers to become landlords and potentially threatens heritage resources. . . Clarington should be considered for limited new rural employment areas, specifically for uses that do not require urban services. Uses which require large areas of open storage are better situated in the rural area and in an effort to meet the proposed 1 job per 2 population target, employment lands should be reserved for more intensive uses. 4.0 SUSTAINABLE AND HEALTHY ENVIRONMENT 4.1 The environmental policy revisions in the proposed amendment are for the most part supported by Staff and improve the environmental protection policies of the DROP by: . Strengthening policies protecting water resources addressing watershed planning, review of water taking permits, infiltration and aquifer vulnerability areas, and wellhead protection areas; . Introducing mapping of aquifer vulnerability areas and wellhead protection areas; . Adding policies to deal with the emerging environmental concerns including minimizing light pollution, increasing woodland coverage, improving air quality and support of land securement for conservation purposes; and, . Strengthening the Natural Heritage System by introducing enhanced mapping recognizing significant wetlands, areas of natural and scientific interest, fish habitat, wildlife habitat, valleylands and woodlands. 657 REPORT NO.: PSD-040-06 PAGE 5 4.2 Kev Issues for ClarinQton · A noise and vibration study is required where residential and noise sensitive land uses are proposed within 750 m or a railway corridor. · Existing and potential future municipal wellhead protection areas have been identified and land uses within these areas are to be prohibited or restricted. Area municipal official plans and zoning by-laws are required to illustrate municipal wellhead protection areas. · High risk uses in areas of high aquifer vulnerability are prohibited. . The plan provides focus for the Region's involvement in land securement for conservation purposes. 4.3 Staff Comments · There needs to be a justification provided for increasing distance for noise and vibration studies from 300 to 750 metres and some guidance for how it will be addressed on adjacent properties outside the ownership of the application. The application of a blanket policy for this increased distance on each side of a rail corridor may have significant impacts on the orderly development of urban communities and should be fully justified. · The Region's involvement in land securement for conservation purposes should supplement the work by municipalities and other public agencies. · Policy 5.3.6 should be amended to permit the creation of new cemeteries in the rural area in poor quality soils and/or in the natural heritage system. Given the intensity of development in serviced urban areas, cemeteries may be more appropriate in certain rural locations. 5.0 TRANSPORTATION 5.1 The transportation policy reVISions in the proposed amendment follow the Transportation Master Plan and Clarington's recommendations contained in PSD-146- 03. As a whole the transportation section: . Promotes travel choices by emphasizing transit and the development and implementation of Transportation Demand Management measures across the Region; . Establishes a 'Transit Priority Network' comprised of Transit Spines, Commuter Rail and Freeway Transit that connect key Transportation Hubs; · Designates a 'Strategic Goods Movement Network' to accommodate commercial vehicles on a year round basis, and connect major generators of goods movement traffic; . Adds policies to address future by-passes of historic downtowns and hamlets; . Introduces new performance and design criteria for the Type A, B, and C arterial road classifications developed through the Arterial Corridor Guidelines; 658 REPORT NO.: PSD-040-06 PAGE 6 . Introduces policies supporting development patterns promoting pedestrian connectivity to arterial roads reflecting the Arterial Corridor Guidelines; and, . Adds policies recommended by the Arterial Corridor Guidelines addressing the preparation of corridor plans that will provide a vision of the development of Regional Road corridors over time. 5.2 Kev Issues for ClarinQton · There are revised design criteria for Type A, Band C arterial roads. · Introduction of by-pass studies prior to designating new by-passes of arterial roads. '. St. Marys' dock is identified as a "Future Harbour". · Retention of the future GO station in Courtice and Bowmanville. . Concession Street between Liberty Street and Scugog Road has been deleted as an arterial 'C' road. · Adelaide Street has been deleted between Trulls Road and Courtice Road. 5.3 Staff Comments · There is a need for an arterial road network south of the 401 connecting Courtice Road and Regional Highway 57. This proposed arterial type "C" (currently South Service Road and proposed to be renamed Energy Drive) would connect major regional employment centres like the Clarington Energy Business Park, the Darlington Generation Station, and St. Marys Cement and its harbour. · Clarington is identified as one of the four major transportation hubs in the Region. As such, the Region should in co-operation with Clarington create a gateway as an entrance to the region at the eastern end of Clarington. . The legend on map C3 does not identify the difference due to the width of line identifying the roads. · Green Road should be shown with a partial interchange at the 401. 6.0 COMMERCIAL 6.1 The commercial policy revisions in the proposed amendment represent the largest deviation from the current DROP policies. While there are some policies that Staff support there are others that provide the development community with great latitude and do not address local municipal goals and objectives. The recommended policies of the DROP are: · Strengthen Regional Centres as the focal point of urban development in the Region, connected with supportive Corridors of intensive mixed use development focused on transit routes; · Define the Regional interest in commercial planning as any commercial proposal of 56,000 square metres or larger, or any proposal that would negatively impact a Regional Centre; 659 REPORT NO.: PSD-040-06 PAGE 7 · Enable Local Centres consisting of Urban, Community and Neighbourhood Centres to be planned and designated in the area municipal Official Plans; . Enable planned function to govern the scale of Central Area development by removing Central Area floor space allocations; and, . Only requires retail impact studies where there is a Regional interest. 6.2 Kev Issues for Clarinoton . The Regional interest in commercial planning is for developments exceeding 56,000 sq.m. . Local Council will be responsible to determine if there is a Regional interest for any proposed retail expansion. . The proposed plan promotes the preservation of high exposure sites for employment-intensive uses, and prevents employment Areas from being used for commercial uses. 6.3 Staff Comments . The Region should retain its approval role in major commercial planning matters (exceeding 25,000 sq. metres) to ensure that floor space is allocated equitably throughout the Region and in relation to growth. Otherwise municipalities will be competing to designate new commercial areas, potentially overbuilding to attract investment and negatively impacting weaker centres including historic downtowns. . The Region itself should be determining whether an expansion to a Regional or Local Centre is of regional interest rather than relying on the decision of the local Council to declare there is a regional interest. . The policies in section 8C should be further refined to limit retail warehouse uses in industrial areas. . Without floor space guidelines, the proposed commercial hierarchy becomes too subjective (eg. Newcastle Village, Bowmanville and Downtown Oshawa are Regional Centres, yet clearly have different roles). The policies should provide direction on the relative sizes of Local Centres that can be designated in local official plans. 7.0 ADDITIONAL POLICY ISSUES 7.1 Community Improvement Plans Bill 51 (An Act to amend the Planning Act and the Conservation Land Act and to make related amendments to other Acts) would allow the regional government to participate in the development and implementation of community improvement plans. The Region was instrumental in requesting and lobbying the Province for this change and yet the DROP amendment does not contain the necessary policies. The Official Plan needs to include policies to allow the Region and the municipalities to work together with the private sector in implementing community improvement. plans for areas of regional 660 REPORT NO.: PSD-040-06 PAGE 8 significance such us historic downtowns, employment lands (e.g. Energy Park), brownfield redevelopment and significant natural areas. 7.2 Places to Grow - Growth Plan The final Draft will also need to reflect the proposed Places to Grow Plan recommendations. Of particular interest for Clarington is how the Region plans to implement through the Official Plan policies the following provincial recommendations: · 40% intensification target · People and jobs per hectare combined targets for urban growth centres not identified in the provincial proposal (e.g. Bowmanville) 7.3 Economic Development and the Enerov Sector The DROP should include specific policies to support the two economic clusters identified by Regional Council in their submission to the provincial Government as part of the Places to Grow consultation process: the energy and automotive industries. Industrial/Business parks that focus on these economic clusters should receive priority for servicing and incentives for brownfield redevelopment. The inclusion of Community Improvement Policies in the DROP would allow the Region to participate in these initiatives prompted at the local level and vice versa. 8.0 RECOMMENDATIONS 8.1 The consolidated Draft does not include the final recommendations for population, employment, and urban land. These recommendations will be subject a future report from the Region of Durham. As a result, Staff comments should be considered as preliminary until after we have the opportunity to review the final draft with all its components. Attachments: Attachment 1 - Clarington Comments on the Proposed Amendments to the Durham Regional Official Plan 661 rn rn N t. o ffi p r a` , ,a ,� f 2.2.5 Development within the Region shall take into Agree with the addition of the reference to light pollution, which account the following: is only change to this section. C) noise, odour and light pollution. Given the hardening of urban boundaries because of recent provincial initiatives, Section 2.2.5 should also include a policy that seeks to minimize conflicts between development in urban areas and adjacent rural lands, as follows: "0 minimizing land use conflicts in the rural— urban interface." 2.2.11 Encourage the use of light abatement measures to Agree. Minimizing light pollution promotes energy conservation, avoid and reduce light trespass, glare, over-lighting, reduces the impact on nocturnal. creatures, and enhances the and 'u li ht. night sky. 2.3.3 Where residential and noise sensitive land uses are Disagree with the change from 300 m to 750 m. This policy has located within 750 m of a railway corridor, Regional been changed in response to submissions from CP Rail and Council shall ensure regard is given to the noise, Transport Canada. The application of a blanket policy for this vibration and safety standards of the Ministry of the increased distance on each side of a rail corridor is Environment and the affected rail company through inappropriate and may have significant impacts on the orderly consultation with these agencies and, where development of urban communities. necessary, by requiring the preparation of a noise and vibration study. 2.3.7 to Watershed plans to be prepared on a priority basis Agree. The Municipality's previous comments regarding when 2.3.10 recognizing development pressures, environmental watershed plans are to be prepared, the level of detail in the urgency and fiscal constraints, and in accordance Regional Plan, and the lack of recognition of area municipal with currently accepted practices. The need for a involvement have been addressed. watershed plan, as a prerequisite for development, to be determined on a case by case basis, in consultation with the conservation authority and area municipality. Appropriate policies to implement watershed plans to be incorporated into the Regional and area municipal official plans. 12.3.11f) Establish an overall minimum woodland cover target Agree. The Municioality had previously commented that a 30% 0 X Q 0 Cn o� A O O rn rn w M"I"J., o /''► ray M of 30% of Durham's total land area. Recognizing that target for the entire Region was not appropriate, given its size not all areas of the Region will be covered by and.varied characteristics. The Municipality had suggested that woodlands, watershed plans may establish woodland the Region be divided instead into "zones"with specific targets for a watershed or smaller geographical area woodland targets for each. The revised policy addresses the in keeping with the Regional target, and identify areas Municipality's concern by recognizing that not all areas can be that should be targeted for enhanced woodland wooded and by providing for area-specific specific targets. coverage. 2.3.11 g) Area municipalities are encouraged to prepare Urban Agree. This is a new policy, but it is consistent with other Tree Strategies. policies in the Regional Plane . healthy communities). 2.3.12 e) Stormwater Management and watershed plans for the Question. What are the implications of having the policies of Oak Ridges Moraine and Greenbelt area will have to the ORMCP apply to the Greenbelt with regard to stormwater? meet the requirements of the Oak Ridges Moraine Conservation Plan 2.3.18 Existing and potential future municipal wellhead Agree. Appropriate mapping and policies will be required for protection areas are shown on Map B2, and land the wellhead capture zones in Orono. uses to be prohibited or restricted in these areas are set out in Tables E5 and E6. Area municipal official plans and zoning by-laws are required to illustrate Table E6 prohibits new or expanded agricultural uses that municipal wellhead protection areas and associated would generate less than five additional nutrient units of manure time of travel zones, and to implement the per year within 100 m of a wellhead. What about uses that corresponding policies regarding restricted or generate greater than five additional nutrient units? prohibited land uses. Owners and operators of existing land uses that are prohibited or restricted are encouraged to submit and implement site management and contingency plans that will protect the wellhead protection area. 2.3.22 to Areas of high aquifer vulnerability are shown on Map .Partially agree. Many of the uses identified as being high risk 2.3.25 B2 and uses with a high risk to groundwater are to groundwater should be prohibited or restricted in areas with a identified on Table E-5. Outside of Urban Areas, high high potential for aquifer contamination, especially in rural risk uses in vulnerable areas are prohibited, and areas. applications for a high risk use in proximity to a However, Table E5 identifies the warehousing and bulk storage vulnerable area require a hydrogeological of animal manure, inorganic fertilizers, agricultural esticides, rn rn .0b e w y �W t tl ; x ^Y` investigation to define the limit of the vulnerable area. herbicides, fungicides and chemicals as high risk land uses. Within Urban areas, applications for a high risk use The Table should be revised to indicate that such uses are within a vulnerable area require a contaminant permitted where associated with an active farm operation, management plan. subject to conditions such as the preparation of a contaminant Encourage existing high risk uses located within management plan. vulnerable areas to implement best management plans. High aquifer vulnerability areas shall be detailed in area municipal official plans and their location and boundaries shall be refined through watershed plans or other studies. 2.3.28 Official Plan amendment required for the Partially agree -Although it is appropriate that composting establishment of new landfill sites or the expansion or facilities no longer be considered as waste disposal sites, the increase in capacity of existing landfill sites. All Region Plan should continue to provide some policy guidance policies related to composting facilities are proposed on the appropriate location of composting sites. to be deleted since the policies related to landfill sites do not apply to them. 2.3.33 & Area municipal official plans are to include provisions Partially agree. The Municipality had previously commented 2.3.34 outlining the process that must be satisfied, prior to that a contaminated site should only be cleaned up where the development proceeding in areas where soil new land use has more restrictive requirements. If a contamination is known or suspected, in accordance contaminated industrial site is to be used for industrial with Regional and provincial guidelines and a record purposes, it may not be necessary to remediate the site to the of site conditions. parkland/residential level. This comment has not been addressed. 2.3.41 Focus the Region's involvement in land securement Partially Agree—There are no regionally-owned and operated for conservation purposes on the following areas and trail systems and this would be an intrusion in municipal considerations: responsibilities. However, the Region could partner with area - key natural heritage and hydrologic areas municipalities to construct trails where relevant. - establishment of a Regional trail network - damaged or degraded areas rn rn cn 5.2.5 Utility locations Add to the policy that part of the consideration of location should be minimizing the constraints placed on other land uses by utilities. As such, new utilities must consider locating in existing corridors. 5.2.7 Commercial Wind Turbine development recognized Clarify in the policy that the Region has a lead role to play in and local official plans to include locational criteria. determining the role and locational criteria for commercial wind turbines in consultation with local municipalities. 5.3.60 New cemeteries are not permitted in the Prime Partial agree. Because of the change from general and prime - nature and immediacy of threats to an area - proximity of area to existing property in public ownership - cost for purchase and long term management. 2.3.42 Area municipal official plans shall include policies Agree related to the following matters: - the minimization of hard surfaces where practical - the adoption of lighting standards and the minimization of light pollution - promoting safe and healthy environments - promoting the use of innovative and sustainable practices to achieve energy efficiencies, such as green roofs. 3.3.8 h) To achieve greater economic diversification the Add a policy that allows the Region (upper-tier) to carryout and Region will work with the local area municipalities to participate in lower-tier Community Improvement Projects for promote a number of items a) through g) any Community Improvement Area identified in a local official plan as provided for in Bill 51. 5.2 Cultural, Health and Community Facilities Add a policy that allows these facilities in any land use type providing it is located in a heritage structure, designated under the Ontario Heritage Act, and conserves the building for future 5.2.5 Utility locations Add to the policy that part of the consideration of location should be minimizing the constraints placed on other land uses by utilities. As such, new utilities must consider locating in existing corridors. 5.2.7 Commercial Wind Turbine development recognized Clarify in the policy that the Region has a lead role to play in and local official plans to include locational criteria. determining the role and locational criteria for commercial wind turbines in consultation with local municipalities. 5.3.60 New cemeteries are not permitted in the Prime Partial agree. Because of the change from general and prime . ;. 3 �'• fl' } u .h P M'*95 �k'" '.nc41_ d 14YX' e= a3 e.. 1'01111-15 e Agricultural areas. agricultural lands being modified to one category being "Prime", there may need to be exceptions to allow for the creation of new cemeteries in the rural area in poor quality soils or in the natural heritage system. Given the intensity of development in serviced urban areas, cemeteries may be more appropriate in certain rural locations. 8.1.10 Use of the word "restore" suggests that previous Disagree - The word "restore" should be removed form this policies and planning decisions have already eroded policy. the retailing function that historically was part of downtowns. 8.1.17 This goal aims to attract business and industry to Partially Agree - The suggested Policy could read: maximize employment and economic prospects for `To attract industries and businesses that will maximize and Durham residents. Another part of the goal should diversify the economic and employment opportunities in the include employment diversification. Region." 8.3.8 This policy discusses the location of commercial It is unclear whether this policy focuses on commercial development that is supportive to the function of development within Centres and Corridors or to commercial Centres and Corridors. development outside of these areas. Further clarification of this policy is necessary. 8.3.9 & This policy encourages the intensification of existing Partially Agree - The intensification policy for existing shopping 8.3.12 shopping centres with a full array of uses, particularly centres should be strengthened to require an additional mixture residential uses. of uses, particularly if Section 8.3.12 requires local plans must ensure the inclusion of intensification policies. Further measures or guidelines for intensification should be provided. 8.3.10 The Regional interest in commercial planning remains Disagree - Our previous comments have not been addressed. at developments exceeding 56,000 sq.m., both on an Clarington feels that the Region must retain its approval role in individual or cumulative basis. commercial planning matters to ensure that floor space is allocated equitably through out the Region and in relation to growth. Otherwise, municipalities will be competing to designate new commercial areas. 8A.1.1 These policies deal with developing high Partially Agree - The policies should be strengthened to get the concentration of mixed uses within Centres and along highest residential densities possible in the Centres, through Corridors. While the 1991 Plan required that the new development or intensification. Similar policies should be highest densities for employment, residential, cultural, included in the section on Corridors. This would reinforce the and government uses were located in Central Areas, 2005 PPS and the Plan's transit supportive develo ment thrust. M rn J IND '31111' 1^a IJ j A 4.. ?M ' the policy has been softened by removing the words "at the highest densities". 8A.1.3 & All policies on floor space allocations and sizes of Disagree - The absence of size criteria for the various 8A.2.2 commercial designations have been removed from commercial designations makes it difficult for municipalities to the proposed Durham Region Official Plan. designate new retail nodes. In addition, ease of access to competing Centres is a very subjective measure. With the Region limiting its responsibility to commercial centres in excess of 56,000 sq.m., an excess of commercial space could be designated that may result in cross boundary retail demands. Clarington may have difficulty in developing a retail base to serve its residents. Without floor space guidelines, the proposed commercial hierarchy becomes too subjective. The policies should provide direction on the relative sizes of Local Centres that can be designated in local official plans. 8A.1.5 a) This policy provides principles of direction for Transit ridership is not necessarily linked to high quality urban development within Corridors,,specifically on the design but more to available residential density. This reference promotion of transit ridership. should be removed since this section is linked to the proposed changes for Section 8.2.1. An adjustment to the policy contained in Section 8A.2.4 b may also be necessary. 8A.2.6 & These Sections would require a local Council to Disagree - The Region should itself be determining whether an 8A.2.7 determine if there is a Regional interest for any expansion to a Regional or Local Centre is of regional interest proposed retail expansion. rather than relying on the decision of the local Council. The Region must retain its responsibility in this manner, otherwise its role in Regional retail planning becomes arbitrary. 86.2.2 The special purpose commercial use policies have Disagree - Retaining a Regional interest in all commercial been retained within the Living Area policies. planning is crucial. If the special purpose commercial use policy is to be retained, it should be strengthened in order that these areas are not to be used in conjunction with other commercial designations. Since these areas will remain as part of the land use structure, these areas should be subject to Regional interest policy depending on their size. Without Regional involvement, the amalgamation of highway 'o 0 .1 5 e commercial areas with lower tier commercial designations will create more problems as recently witnessed with the Taunton/Harmon Centre. 8C.1.2 This policy promotes the preservation of high An employment-intensive use is a generic term that could also exposure site for employment-intensive uses. include retail warehouse uses. This term should be further defined to specifically limit retail warehouse uses. 8C.1.3 This policy strives to prevent Employment Areas from Partially Agree -While this policy strives to prevent Employment being used for commercial uses. Areas to be used for commercial uses, Section 8C.2.1, Section 8C.2.17, and Section 8C.2.18 permits them. In light of the 2005 PPS direction that protects employment lands from being converted for commercial uses, this policy must be revisited. 8C.2.2 & What characterizes the difference between a These terms should be clarified. Perhaps they should be 8C.2.10 business park and prestige employment areas? included as defined terms in the definitions section of the Plan. 8C.2.5 This policy limits the location of business park Partially Agree - Since the Plan currently permit retail development to Highway 401, Highway 407, and warehouse development to be developed when fronting on Type "A" arterial roadways. Type "B" arterial roads, business parks should therefore also be permitted to front on Type "B" arterial roads. Otherwise, much of the business park development in Bowmanville that would rely on a future Type arterial road may be prohibited. This is contradictory with Section 8C.2.10 which encourages prestige employment uses along Highways 401 and 407, and Types "A" and "B" arterial roads. Business parks are usually characterized as prestige employment uses. 8C.2.18 This policy provides direction for local municipalities Disagree -Allowing retail warehouses in Employment Areas is to permit retail warehouse development in contradictory both to the new 2005 PPS and Section 8C.1.3, employment areas. which states that Regional Council shall prevent the consumption of Employment Area lands by commercial uses. The previous policy direction has resulted in a depletion of available employment lands for employment uses. Employment uses also compete with retail uses, which increases land costs. Therefore, permission for retail warehouse development within Employment Areas should be removed from Employment Areas olicies. Section 9 1 Merging the two Agricultural designations into one I Disagree—General Agricultural Areas, by soil type, are Ri 11;1 1111gil r -� ;�:ioriaC IM =generally 71andOuse designation not considered prime/good agricultural land. Merging the two designations reduces the flexibility of permitting additional uses in the general agricultural areas. A separate designation would be useful to encourage kennels, farm related industrial/commercial, sod farms, and riding and boarding stables to not locate on prime soils. It is recognized that OMAF has recommended that riding and boarding stables and sod farms should be permitted in the Prime Agricultural Area. However these uses do not require prime soils. To preserve the highest quality soils for crop production, a policy that encourages these uses to locate on non-prime areas is necessary. 9A.2.5 Permits accessory and secondary uses to the Partially Agree - Kennels are typically not operated as principle agricultural use. accessory to an agricultural use. Kennels should be included as a permitted primary use on soil classes 4-7. In addition, sod farms and riding and boarding stables do not require prime agricultural lands. To conserve prime agricultural land, these uses should be encouraged to only locate on class 4 to 7 soils. 9A.2.6 Agriculture-related industrial uses may locate in the Partially Agree - Policy 9A2.6 a) states that industrial uses Prime Agricultural Areas, and lot creation for should minimize the use of prime agricultural land. No definition agriculture-related uses may be considered. of"prime agricultural land" is provided. Does this refer to the Prime Agricultural designation, or prime agricultural land by soil type. 9A.2.7 Agriculture-related commercial uses may be Partially Agree— Lot creation for farm-related'commercial uses considered by amendment to the ROP with regard to. should not be considered. Agriculture-related commercial uses the applicable policies of 9A.2.6. should not locate on prime agricultural land. 9A.2.8 No new golf courses permitted in the Prime Agree Agricultural Areas 9A.2.11 Does not permit the severance of a surplus dwelling Disagree -This policy is more restrictive than the Greenbelt due to consolidation of a non-abutting farm parcel. Plan. The policy should be amended to permit the severance of a surplus dwelling due to consolidation of a non-abutting farm parcel. As a condition of severance, a zoning by-law amendment should prohibit residential dwellings. rn 0 "9A.2.11- Notwithstanding Policy 9A.2.10, the severance of a farm dwelling rendered surplus as a result of a farmer acquiring a non-abutting farm may be allowed in the Prime Agricultural Area, by amendment to this Plan, provided that the dwelling is not needed for a farm employee, the farm to be acquired is of a size which is viable for farming operations, and no further severances shall be permitted from the acquired farm. No further dwellings shall be permitted on the aforementioned retained farm parcel and prior to the approval of a consent application: a) a .3 metre reserve across the frontage of the retained farm parcel shall be dedicated to the Municipality; and b) the zoning by-law shall be amended to prohibit a residential dwelling as a permitted use on the retained farm arce/." 9A.2.12 No severances for farm retirement lots or intra-family Agree purposes. 96.1.4 Set principles to guide the preservation, cultural Agree attributes and historic heritage of hamlets. Detailed hamlet policies are to be reflected in local official tans. 96.1.5 Area Municipalities are responsible for well " Partially Agree - The Region is responsible for water, sewage contamination studies and health issues and the well contamination study should be conducted by the Region. The last sentence of policy 913.1.5 c) should be amended to: "...shall be undertaken by the Region in consultation with the area munici alit ..." 913.2.7 Establishes a firm limit to hamlet development of 25% Agree— Consistent with the Greenbelt Plan of existing residential units as of year end 2000, and a firm hamlet boundary. 913.2.25 Rural Employment Areas Schedule A and E3 should be amended to consider Clarington for limited new rural employment areas, specifically for uses that do not require urban services and propose large outdoor storage areas rn J 4 ;Y 913.2.13 In addition to site-by-site rehabilitation programs, Agree. comprehensive rehabilitation plans with adjacent groups of aggregate operations will be planned to provide a regional trail and continuous forest cover. 10A.2.4 Outside Urban Areas, the vegetation protection zone Partially agree. However, the Municipality has some concern for wetlands, seepage areas and springs, fish habitat, with this policy given the previous comment regarding the broad permanent and intermittent streams lakes, and definition of wetlands. significant woodlands shall be a minimum 30 m. An Environmental Impact Study shall determine the vegetative protection zone for - all other natural heritage and hydrologic features outside Urban Areas - all natural heritage and hydrologic features within Urban Areas. 10A.2.6 An EIS shall be required for new development or site Disagree - The blanket application of a 120 m requirement may alteration within 120 m of a key natural heritage or be overly onerous in some circumstances in rural areas. Given hydrologic feature outside Urban Areas. Within the intensity of development in urban areas, the 120 m Urban Areas, the need and/or scope of an EIS shall requirement is more important in urban areas. be determined in accordance with Council guidelines. 1 OA.2.8 New agricultural buildings and structures must Partially agree. We agree for buildings; however, there may be provide a 30 m vegetation protection zone from a key some structures that are acceptable in the 30 m vegetative natural heritage or hydrologic feature. This may protection zone. include agricultural crops. 11.3.3 Revised design criteria for the classification of Type A noticeable point is the Region's omission of Table 3 A, B and C arterial roads in accordance with the (Classification Criteria) of the Arterial Corridor Guidelines conclusions of the Arterial Road Classification Review document from the Transportation component. Report: The subject "Table 3" defines the variables that form the basis for the newly proposed Arterial Road Classification System. Subsequently the entire Policy 16.3.13 of the ROP is Staff is of the opinion that this Table should be included in the being deleted and substituted with Schedule E— ROP as it provides a sound premise for the new classification rn J N m. ON n � ,�'�, u Table E7 Arterial Road Criteria. system and to ensure some consistency in interpretation. 11.3.8 and . The Schedule shows the technically preferred route Should the technically preferred route be removed from Schedule from the previous study for the 407 which has no Schedule A or alternatively, should the policies acknowledge A longer has any status. that this route has no status? 12.1.1 and Special study areas require further study after which Include the area bounded by Pebblestone Road, Townline, Schedule appropriate lands uses maybe adopted by Adelaide and the urban boundary of Courtice be added as a A amendment to the Regional Official Plan. special study area such that when the Greenbelt Plan is being reviewed that this area should be considered for removal from the Greenbelt and inclusion as part of the urban boundary. 13.2.2c) St. Mary's Quarry-Waterfront Plan for the waterfront Ontario Hydro no longer exists it is now Hydro One and OPG. trail. 11.3.12 Introduction of By-pass study prior to designation of The new policy is welcomed by Staff as it introduces a process new by-passes of arterial roads: that is more transparent and accountable. However, the addition of the words: "in consultation with the respective area municipality" after the word "undertaken" in point 11.3.12 will ensure proper local consultation. 11.3.23 "Schedule 'C' — Map 'C4', Strategic Goods Movement Agree. However this map does not show any preferred Network, identifies preferred haul routes that are connections with the existing or proposed St. Mary's Cement planned to accommodate commercial vehicles on a harbour. For the economic development of the region, efficient year round basis, and which link major generators of goods transport connections are required. goods movement traffic. Infrastructure to support this network will be considered as part of the capital The new policy could provide additional guidelines on restricted works program and will be subject to budgetary times for heavy/goods movement vehicles in residential and considerations." main central areas. Definitions Key hydrologic features include Partially agree. See comment regarding wetlands above. - permanent and intermittent streams -wetlands - lakes and their littoral zones - kettle lakes and their surface catchment areas - seepage areas and springs - aquifers and recharge areas. Definitions Landfill Site: Any land or building or structure in which Partially agree. The definition should be revised to reference waste is deposited or processed and any machinery the need for approval under the Environmental Protection Act. or equipment required for the treatment or disposal of waste. Waste includes ashes, garbage, refuse, domestic waste, industrial waste or municipal refuse and such other wastes as designated under the Environmental Protection Act. Map A5 Relocate symbol for Courtice Water Pollution Control Plan. Add symbol at Courtice Waterfront as a Waterfront Place Map 61 Create new map (131) entitled Key Natural Heritage Definitions and Hydrologic Features. Key Natural Heritage Features includes: - significant habitat of endangered, threatened, special concern and rare species -fish habitat - wetlands -Areas of Natural and Scientific Interest (ANSIs), life science - significant valleylands - significant woodlands - significant wildlife habitat - sand barrens, savannahs and tallgrass prairies - alvars (rock plain with sparse vegetative cover) rn W Disagree with the exclusion of all Earth Science ANSIs from the Natural Heritage System. The Municipality had previously requested that the Bowmanville Quarry, which is an Earth Science ANSI, be specifically excluded from the Natural Heritage System. However, there are other Earth Science ANSIs, such as at Stephen's Gulch, that should be included in the Natural Heritage System. Disagree with the inclusion of all wetlands in the Natural Heritage System, especially given the broad definition provided (eg. land seasonally covered by water, high water table, presence of hydric soils). The Municipality had agreed with the previous proposal to include significant evaluated and unevaluated wetlands. rn J a NO Agree. Map C1 Designation of Concession Street between Liberty and Scugog as a Type C Arterial is deleted and it is proposed to be changed to a Local Collector; and The Type C Arterial Road designation for the Agree. Adelaide Ave. extension from Trulls to Courtice Roads is deleted but the Type C Arterial Road Add South Service Road between Region Road 57 (Waverly designation between Townline and Trulls Roads is Road) and Regional Road 34 (Courtice Road) as a Type 'C' retained. arterial. Map C4 St. Mary's dock is identified as a "Future harbour" on The future designation recognizes the potential of the dock and the Strategic Good Movement Network. creates an opportunity to further exploit and expand its function. The need for a proper road network south of the 401, in support of and between the future harbour site, the 401 and the Clarin ton Energy Business Park will need consideration soon. Schedule Transit Priority Map The map should indicate/extend the transit route network C-Map C3 connections to the South of 401. For example future industrial developments such as Energy Park should be linked to the transit system to promote public transport. These should be connected with the possible public water transit port locations such as one proposed in Clarin ton. Schedule Strategic goods movement network The map should indicate/extend some the network connections C-Map C4 to the South of 401 especially the connection with St. Mary's Cement Harbour. rn J Clw:.mgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday April 1 0, 2006 Report #: PSD-041-06 File #: A2006-0005, A2006-0006 By-law #: A2006-0007, and A2006-0008 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 30, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-041-06 be received; 2. THAT Council concurs with the decision of the Committee of Adjustment made on March 30, 2006 for applications A2006-0005, A2006-0006, and A2006-0008, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council concurs with staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 30, 2006 for A2006-0007, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original recommendation. Submitted by: D vi a. Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: 0 ~- ~ Franklin Wu, Chief Administrative Officer BR*CP*FL *sh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 675 REPORT NO.: PSD-041-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. Application Number Staff Recommendation Decision of Committee A2006-0005 Table Tabled A2006-0006 Approve Approved A2006-0007 Approve with Modifications Approved A2006-0008 Approve Approved DECISIONS OF COMMITTEE OF ADJUSTMENT FOR March 30, 2006 2.0 COMMENTS 2.1 Application A2006-0005 is an application to permit the construction of an apartment building by the Kaitlin Group in the Port of Newcastle The application requested increasing the maximum permitted height from 12 metres to 13.6 metres, by increasing the maximum density permitted from 80 units to 152 units per hectare, and by decreasing the required exterior side yard setback from 3 metres to 2 metres. Staff has identified some general concerns regarding the application, and feel the application is premature at this time. Staff recommended that the application be tabled by the Committee of Adjustment for a period of not more than one year to provide adequate time for the applicant to submit an application for site plan approval for the apartment building and to receive detailed comments from all agencies. Committee heard the comments of a resident in opposition to the application and agreed with Staffs recommendation to table the application. 2.2 Application A2006-0007 was an application to permit a deck by reducing the interior side yard setback from 1.2 m to 0.21 m and to permit an accessory building (shed) by reducing the interior side yard and rear yard setbacks from 1.2 m to 0.55 m and 0.8 m respectively. Staff recommended that the requested reduction of the interior and rear yard setbacks for the accessory building be approved as applied for. Staff did not support the reduction of the interior side yard setback for the deck as the requested reduction did not appear to provide adequate space to maintain the deck. Three of the five Committee members voted to approve the application as requested. 2.3 Applications A2006-0006 and A2006-0008 were approved as applied for. Staffs recommendation was to approve the application as applied for. 676 REPORT NO.: PSD-041-04 PAGE 3 2.4 Staff has reviewed the Committee's decisions and are satisfied that applications A2006- 0006 and A2006-0008 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Staff has reviewed the Committee's decision to table application A2006-0005 and are also satisfied with the decision that the application is premature and should be tabled. Council's concurrence with the decisions of the Committee of Adjustment is required in order to afford Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 2.5 In the case of the decision of Committee for A2006-0007, as described in Section 2.2, Staff does not support the decision of the Committee of Adjustment, and recommend that the General Purpose and Administration Committee recommend to Council that the decision be accepted, as an appeal by the Municipality is not warranted for reasons of cost and demand on Staff resources. However, should an appeal be lodged, Staff would request that Council authorize Staff to defend its original recommendation, as put forward in the Final Report to the Committee of Adjustment, dated March 30, 2006. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 677 ATTACHMENT 1 TO REPORT PSD-041-01 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KELVIN WHALEN. CCCC DURHAM WEST LTD. PROPERTY LOCATION: 65 SHIPWAY AVENUE, NEWCASTLE VILLAGE PART LOT 28 & 29BF, CONCESSION FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2006-0005 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN APT BUILDING BY INCREASING MAX HEIGHT FROM 12M TO 13.6M, BY INCREASING MAX DENSITY FROM 80 UNITS TO 152 UNITS PER HA & BY DECREASING EXTERIOR SIDE YARD SETBACK FROM 3M TO 2M. DECISION OF COMMITTEE: TO TABLE THEAPPLlCATION FOR A PERIOD OF NOT MORE THAN"ONE (1) YEAR. DATE OF DECISION: March 30, 2006 LAST DAY OF APPEAL: April 19, 2006 678 Cl!}Lipn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MARK FOLEY DEVON DOWNS DEVELOPMENT LIMITED PROPERTY LOCATION: 80 BRADSHAW STREET, BOWMANVILLE PART LOT 92, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0006 FILE NO.: PURPOSE: TO PERMIT THE DEVELOPMENT OF A LOT FOR ONE SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM INTERIOR LOT FRONTAGE REQUIRED FROM 12.0 METRES TO 10.6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: March 30,2006 LAST DAY OF APPEAL: April 19, 2006 679 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GUDRUN STENDER BRUNO STENDER PROPERTY LOCATION: 50 MEADOWVIEW BOULEVARD, BOWMANVILLE PART LOT 122, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0007 FILE NO.: PURPOSE: TO PERMIT A DECK BY REDUCING THE INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.21 M AND TO PERMIT AN ACCESSORY BUILDING (SHED) BY REDUCING THE INTERIOR SIDE YARD AND REAR YARD SETBACKS FROM 1.2 M TO 0.55 M AND 0.8 M RESPECTIVELY. DECISION OF COMMITTEE: TO PERMIT AN EXISTING ACCESSORY STRUCTURE BY REDUCING THE INTERIOR SIDE YARD AND REAR YARD SETBACK FROM 1.2 METRES TO 0.55 METRES AND 0.8 METRES RESPECTIVELY AND TO PERMIT THE EXISTING DECK WITH AN INTERIOR SIDE YARD SETBACK OF 0.21 METRES AS IT IS MINOR IN NATURE, DESIRABLE & IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: March 30, 2006 LAST DAY OF APPEAL: April 19, 2006 680 C[;g!nglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: RAY DALLAS RAY DALLAS PROPERTY LOCATION: 2448 CONCESSION RD 4, DARLINGTON PART LOT 154, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0008 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM SEPARATION DISTANCE FROM AN EXISTING LIVESTOCK FACILITY FROM 300 METRES TO 230 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: March 30, 2006 LAST DAY OF APPEAL: April 19, 2006 681 Cl!Jl.-!Qgton REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10, 2006 Resolution #: Report #: EGD-11-06 File #: By-law #: Subject: INTERSECTION OF LONGWORTH AVENUE AND SCUGOG STREET, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-11-06 be received; and 2. THAT the installation of traffic signals at the intersection of Longworth Avenue and Scugog Street be added to the 2006 Capital Budget with the estimated costs of $120,000 to be financed through the Roads and Related Development Charges Reserve Fund. Respectfully by, /l ~r i ./1(///.- // ~~ o~~~ Submitted by: A.S. Cannella Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/RDB/dv February 22, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 701 Report #EGD-11-06 Page 2 1.0 BACKGROUND 1.1 Since the opening of the Longworth Avenue extension from Scugog Road to Regional Road 57 in 2004, staff have been monitoring the traffic volumes and the operational aspects of the intersection for future installation of traffic control devices. Currently the installation of these traffic signals are included in the Municipality's present Development Charge Study and Bylaw and are eligible for full funding. 2.0 COMMENT 2.1 Lonaworth Avenue The first section of Longworth Avenue between Liberty Street and Scugog Street was constructed prior to 2004 with the link to Durham Road 57 being opened on December 15, 2004. Traffic volumes on Longworth Avenue are expected to increase with the construction of the extension connecting Liberty Street to Mearns Avenue, starting in 2006. Longworth Avenue will continue its role as an important Arterial Type C transportation link when it is extended even further west to Green Road in a number of years. An arterial roadway such as Longworth Avenue is essential to move west east traffic flows from the growing northern section of Bowmanville and to reduce congestion in the King Street corridor. 2.2 Scuaoa Street Scugog Street has undergone reconstruction and renaming over the past few years to realign the road network to accommodate future growth with a well designed Arterial Type C roadway. 2.3 Intersection of Lonaworth Avenue and Scuaoa Street Longworth Avenue has a 14.5 m wide pavement width while the intersecting roadway of Scugog Street has a 10.5 m wide payment width; both are classed as Type C Arterial roadways in the Official Plan. This very wide intersection is 702 Report #EGD-11-D6 Page 3 designed and constructed to carry large volumes of traffic with multiple through lanes and turning lanes. The intersection has a slight skew in its alignment which contributes to some driver maneuvering and vision concerns. St. Stephen's Secondary School is located 300 m to the north while St. Elizabeth's elementary school is located 500 m to the east of the intersection. 2.4 Intersection Monitorina The Engineering Services Department has been monitoring the intersection volume since December 16, 2004 when the west section was opened connecting Longworth Avenue to Durham Road 57. The counts have shown an increase in vehicle volumes which reflects the shifting of through traffic away from the congested downtown area as well as increased traffic volumes due to additional housing construction in the northern areas of Bowmanville. In 2005 there were three right angle collisions at this intersection during the first year of its existence. During the study periods some motorists were observed having difficulty judging vehicle approach speeds and entering the intersection when there was limited time to complete the maneuver safely. 2.5 AII-wav Stop Consideration The traffic volume data collected at the intersection on November 22,2005 did not completely satisfy all of the requirements of the provincial all-way stop sign warrant but they are close enough to be significant. The provincial warrant requires that total intersection volumes be in excess of 500 vehicles for each of eight hours of the day while the study recorded five hours where the 500 vehicle threshold was exceeded. The three hours that fell below 500 were recorded at 442, 427 and 442, being an average of 86% of the required minimum. These three remaining off-peak time periods could exceed the 500 threshold within a short time period. 703 Report #EGD-11-06 Page 4 The average intersection volume over the total eight hours of the study was 572 per hour with the peak being 804 vehicles per hour. The volume split between the two roadways is well balanced and complies with the all-way stop guidelines indicating it would produce a good level of stop sign compliance. However, because the intersection is currently constructed with wide widths to accommodate the future signals. it creates problems for the installation of an all- way stop. Stopped or parked vehicles on the right lane of multi-lane roadway can obscure the stop signs which could cause some motorists in the left lane to enter the intersection without stopping. If during peak times, there are two approach vehicles per intersection leg lined up at the intersection, it creates a situation of eight motorists trying to remember their right of way order rather than just four motorists. Adding pedestrians into the mix changes the vehicle flow and adds to driver confusion and frustration. Traffic will queue in lines from the intersection during peak times and affect the movement of the Durham Transit Buses which also pass through this intersection. In order to reduce the intersection to a more manageable four lane approach, channelization must occur which could include combinations of pavement markings and physical curbs or medians. These channelization measures would need to be removed again when signals are introduced which will add to the expense of the interim all-way stop traffic control device. If an all-way stop is to be considered, its implementation is safer during the summer months when road/weather conditions are better and when schools are closed. A traffic by-law amendment is required if an all-way stop is to be introduced. 2.6 Traffic Sianal Consideration This major intersection was constructed for multi-lane traffic with under ground services preinstalled for the planned installation of traffic signals. Funding for the traffic signal installation is estimated to cost $120,000.00 and the funding is available now as 100% development charges. While the installation of these signals is not currently proposed in the 2006 budget, in consideration of the 704 Report #EGD-11-06 Page 5 recent data collected during staffs monitoring of the intersection, the planned extension of Longworth Avenue and growth of the residential and commercial areas, as well as the projected traffic volumes, the warrants will be met in the short term and therefore it would be reasonable to advance this project and include it in the 2006 Capital Budget. Advancing the traffic signal installation is the pro-active preferred option by staff to eliminate driver confusion and costs associated with the interim all-way stop condition, including any temporary channelization which would be required. A traffic signal typically reduces the more severe right angle collisions. A traffic signal especially one with count down pedestrian signal heads provides improved pedestrian crossing guidance and opportunity over a two way or an all-way stop condition. Durham Transit buses and school buses which pass through this intersection will benefit from traffic signals as a controlled right of way and reduce the chances of a right angle collision. The advancement of the project and by-passing the interim all-way stop is considered pro-active, and staff anticipate it will be well received by the majority of residents in the area. Installing an all-way stop with various pavement markings then grinding them off again in a short period of time may simply be confusing to a typical resident. Preliminary discussions with the Regton of Durham indicate this project, if approved by Council, could be fast tracked with installation arranged after June when the school year has ended. A traffic by-law amendment is not required for the introduction of a traffic signal. This report has been reviewed by the Finance Department and they concur with the recommendations contained herein. 3.0 CONCLUSION 3.1 Advancing the installation of traffic signals for the intersection of Longworth Avenue and Scugog Street would improve public safety and would be funded 705 Report #EGD-11-06 Page 6 100% from development charges based on continuing growth in the surrounding areas. Therefore it is recommended that this project be added to the 2006 Capital Budget and the funds, which are estimated at $120,000.00, and charged to the Roads and Related Development Charges Reserve Fund. This report has been reviewed by the Finance Department and they concur with the recommendations contained herein. 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'" ~ I., ' _f;;'~ ;-. 1 .'.. .... Ii'-" ~~\._ >-.........-.-.-.....,' , ' ,. "'>,-,.I! \....0 f' \1-- .~-.- l=:-- :;;j 1"'\'."""-::2..'1 r~;; . fl!lllt8fTIrtffJ i,! ' , , '/If/~~ 1--_.t~~:=,~~~<! );~, ,~ ~-;'Y/?' 1IlL'-:JU'~1~\~ ~m___.!! I, h%$.., ,-<; , DRAWN BY' E L t:.=tj!===r~'(~~;1((" ~ffiRffi;r:: l// I . " : ..J f -i \ r- t.:j ITkJEmtffittP~P7'/ mn.--r::J~, REPORT EGD 11 06 1---1'-- I t1!ij \<\ t'~rtmf5 ~!;{f ,. .. - .... ~-;,i;; ~~;~~ - - i LBOWMANVILLEj ~~.~ KEY MAP ATTACHMENT NO.1 707 : .<=1 i~ il..~ L''of\ Lili\L1FJ . 0.. i1r:-<" . nll t' .__ . .. _ __, . G:lAttachments\LonaworthScuoooTrafficSiQs.mxd ~ ~ I llllIT ~I~ - ~f- tIHEB ~ U~~ ~ II Cone Rd 3 n II L LU't1Jl.. .rOE ~ i]j co C ~;g~\;~~~ mmm (T,( ( s- ~ Q) "0 C .~ (/) f- ---- l- I-- '------' I 1 ~ -- lV W~E s DATE: Feb. 21, 2006 ClWiJ!gron REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10, 2006 Report #: EGD-20-06 File #: By-law #: Subject: MOVE ONTARIO - SPECIAL ONE-TIME FUNDING OPPORTUNITY FROM THE PROVINCE OF ONTARIO FOR MUNICIPAL ROADS AND BRIDGES RECOMMENDATIONS: It is respectfully recommended: 1. THAT Report EGD-20-06 be received by Council; 2. THAT Council acknowledge the receipt of monies in the amount of $1,483,872.00 from the Province of Ontario as part of a "special" one-time funding opportunity under the Move Ontario program announced in March of this year; and 3. THAT the Director of Engineering Services, having reviewed the top transportation infrastructure priorities for the Municipality of Clarington, be directed by Council to allocate the Move Ontario monies to supplement Clarington's 2006 Road Rehabilitation and Pavement Overlay Program. Respectfully by, ~L Submitted by: A.S. Cannella, C.E.T. Reviewed by: Director of Engineering Services cJ~--<.islt Franklin Wu, Chief Administrative Officer ASC/jb March 31 , 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 708 REPORT NO.: EGD-20-D6 PAGE 2 1.0 BACKGROUND 1.1 In March of this year the Province of Ontario announced a "major, one-time $1.2 billion investment in the province's public transit systems, municipal roads and bridges. This money became available because the Ontario economy outperformed private sector and government projections in 2005 with the result being unanticipated additional revenues. Upon a review of provincial priorities, a decision was made to invest more than 60 per cent of these additional revenues towards addressing Ontario's transportation and infrastructure deficit. Of the total $1.2 billion investment, $400 million is being provided to municipalities, primarily outside of the GT A, specifically to fund construction and bridge maintenance projects. Under this program the Municipality of Clarington has been awarded $1,483,972.00 which was received on March 30, 2006. The guidelines under this program are less stringent than perhaps we may have seen with recent programs such as the Canada-Ontario-Municipal-Infrastructure Program and require only that the monies be seen as "dedicated" funding for municipal roads and bridges. 2.0 CLARINGTON'S HIGHEST PRIORITIES 2.1 A review of Clarington's top transportation infrastructure priorities for 2006 highlights the wisdom of a decision on the part of the province to "pay down Ontario's transportation infrastructure deficit". An urgent call for strategic investments in municipal infrastructure has been growing in recent years as part of the "pay now or pay ten times more later", philosophy. It appears that the province has responded to this call and certainly Clarington, like other municipalities, has its share of "urgent" transportation infrastructure needs. 709 REPORT NO.: EGD-20-06 PAGE 3 2.2 Road Rehabilitation and Pavement Overlav ProQram Each year, the Municipality of Clarington overlays, upgrades or reconstructs existing roads through its Road Rehabilitation and Pavement Overlay Program in consideration of the recommendations from our Pavement Management System. Staff maintains an inventory of the road network complete with all characteristics of every road section. Each year roads are selected for improvement under this program based on structural adequacy, surface condition, drainage capabilities and traffic counts. Road inspections are used to update the inventory and to augment the results of our Pavement Management software program which recommends the highest priorities for road improvements in the most financially efficient way. In recent years Clarington has faced the same dilemma that every municipality in Ontario has faced in being able to keep up with the rate of infrastructure decline. As funding for roads has dropped, the list of road improvement priorities has been growing and the gap between the two has had many municipalities concerned. The Move Ontario announcement provides Clarington with a significant opportunity to address a higher number of these road improvement priorities in 2006 by advancing high priority forecasted projects. It is our recommendation that the monies we receive be used to expand the 2006 Road Rehabilitation and Overlay Program. 3.0 CONCLUSION The Province's recent announcement of a major one-time investment in aging municipal transportation infrastructure is an outstanding opportunity for the Municipality to save money in the future by addressing aging infrastructure needs now. It is therefore respectfully recommended that the monies granted to the Municipality under the Move 710 REPORT NO.: EGD-20-06 PAGE 4 Ontario program, which we have been advised as being $1,483,872.00 be allocated towards Clarington's top transportation infrastructure priorities. These priorities will be identified as part of our 2006 Road Rehabilitation and Overlay Program. This report has been reviewed by the Finance Department and they concur with the recommendations contained herein. Interested Parties: The Province of Ontario 711 CI!1!mgron REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10, 2006 Report #: EGD-21-06 File #: By-law #: Subject: CLARINGTON CENTRE SUBDIVISION PHASES 1 AND 2, BOWMANVILLE, PLAN 40R-16302, "ROAD DEDICATION BY-LAW" RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-21-06 be received; and 2. THAT Council approve the by-law attached to Report EGD-21-06, establishing, laying out and dedicating Parts 7 and 8 on Plan 40R-16302 as public highway. o ~J_~. Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/LJB/dv April 3, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 712 REPORT NO.: EGD-21-06 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Development Agreement, registered January 16,1997, with 829426 Ontario Inc. and 838083 Ontario Inc. to develop lands by plan of subdivision, located in Bowmanville and described as Plan 40R-16302 (Attachment No.1). 1.2 Parts 7 and 8 of Plan 40R-16302 were inadvertently left out of the road dedication by- law at that time. 1.3 A road dedication by-law is necessary to layout and establish portions of Prince William Boulevard as public highway (Attachment No.2). Attachments: Attachment 1 - Key Map Attachment 2 - Proposed By-law 713 Uptown Blvd. Highway No.2 CLARINGTON CENTRE "C ~ m c o ... C) c .;: .!!! o Prince William Blvd. 13m 150m Plan 40R-16302 Clarington Centre Part 7 & 8 w4 ~E s DRAWN BY: E.L. DATE: Feb. 21,2006 REPORT EGO- -06 ATTACHMENT NO.1 714 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to establish, layout and dedicate certain lands as public highway in the Municipality of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT part of Lot 16, Concession 1, former Township of Darlington designated as Part 7 and Part 8, Plan 40R-16302 being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highway. BY-LAW read a first and second time this 18th day of April 2006. BY-LAW read a third time and finally passed this 18th day of April 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 715 Cl~glOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monda~April 10,2006 Report #: EGD-22-06 File#_ By-law # Subject: BALDWIN STREET RECONSTRUCTION - NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-22-06 be received; 2. THAT Council consider the urbanization of Church Street from Edward Street south to the dead end in conjunction with the Regional project to decommission the North Street Sanitary Sewage Pumping Station and the Baldwin Street reconstruction project. 3. THAT the additional costs of $250,000.00 associated with the urbanization of Church Street be added to the 2006 Capital Budget and financed through the Move Ontario infrastructure funding program; and 4. THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of this report. Submitted by: ~ A.S. Cannella, C.ET., Director of Engineering Services Reviewed by(l~~",- Franklin Wu, Chief Administrative Officer ASC*bb*jb CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 716 Report #EGD-22"()6 Baldwin Street Reconstruction - Newcastle Page 2 1..0 BACKGROUND 1. 1 Baldwin Street is classified as a semi-urban local residential street on the latest Road Needs Study and is included in the road reconstruction budget for 2006 pending Council approval. The proposed reconstruction will provide for full urbanization of Baldwin Street from Highway 2 south to Edward Street including storm sewer installations. The Region of Durham has completed the Class Environmental Assessment process for the North Street Sanitary Sewage Pumping Station. Based on the results of the evaluation, the preferred alternative as indicated on the Regional notice is to 'eliminate the pumping station with a new gravity sanitary sewer'. The preferred alignment for the new gravity sewer will be 'along existing Church Street, Edward Street, and Baldwin Street' (see attachment #1 ). The Region's initial plan was phased construction. Phase 1 included the sanitary sewer installation on Church Street from Edward Street south to the dead end. Future phases would include the remaining sewer installation on Edward Street and Baldwin Street and ultimately decommissioning the pumping station on North Street. The reconstruction of Baldwin Street became a Municipal priority. In doing so, it has accelerated the Regional forecast to decommission the pumping station and install the sanitary sewer in one phase along Church Street, Edward Street, and Baldwin Street. 2.0 APPROACH 2.1 To assess suitable reconstruction measures for both Municipal and Regional projects and to obtain local resident input to the design process, a Public Information Centre was held. The public was notified of the meeting by newspaper advertisement and through the circulation of notices. 717 Report #EGD-22-06 Baldwin Street Reconstruction - Newcastle Page 3 3.0 INFORMATION CENTRES 3. 1 Information Centre, March 7, 2006 At the meeting the following documentation and plans were presented for discussion: · Existing Road Condition Base Plans, showing proposed road works with aerial photography as a background for both Clarington and the Regional works; · A typical road sections for urban designs with on-street and off-street parking for Baldwin Street; · A Tree Assessment Report and a Soils Report was available for reading. In all, approximately eight people attended the meeting and the attendance register and comment sheets are on file within the Engineering Services Department and available for review. The design proposals for the work presented were well received with concerns expressed about curb depression locations, catch basin location, sidewalk location, on-street parking and the full urbanization of Church Street. Others were merely in attendance as interested observers or coordination concerns with the Santa Clause parade. The majority of concerns with respect to curb depressions, sidewalk locations, and parking are being resolved through the design process. However the concern with respect to the full urbanization of Church Street is outstanding. 4.0 CHURCH STREET URBANIZATION 4.1 As two separate projects by the Municipality and Region are progressing simultaneously, it is evident that they are and will be viewed as one due to circumstance. The Engineering Department is protecting for the future 718 Report #EGD-22-06 Page 4 urbanization of Church Street through the Regional road restoration plans being prepared for the proposed sanitary sewer. The full urbanization of Church Street is not currently included in the five-year reconstruction forecast. Several residents expressed concerns with the plan to restore Church Street to its original road cross section. Preliminary discussions with the Region have outlined the reconstruction responsibility should the Municipality decide to consider the urbanization of Church Street over and above the restoration works proposed by the Region through their contract. The estimated costs for this work is approximately $250,000.00. 5.0 DISCUSSION 5.1 As a result of the Information Centre, detailed design will proceed based on the comments received for the work that is being proposed by the Municipality and the Region. It is recommended that the opportunity to fully urbanize Church Street from Edward Street southerly to the dead end, be incorporated into this project and the financing of this project be drawn from the recently announced Move Ontario infrastructure funding program. This report has been reviewed by the Finance Department and they concur with the recommendations contained herein. Attachments: Attachment 1 - Site Plan 719 D~O D~~ . EMILYSTW lliOt-DEMILYSTE ~ . ~ lli z; . J: ~ cr t) rn W . cr ..J :;( . ~ ~ W . i3 ::. <Xl Il ~~jD D' -u!D ~~,~w!.D Di ROBERT ST W . ROBERT ST E Z; cr W ~ <Xl ]V 1V4 P.E s t- W W 0:: t- rn J: t- o:: o z GEORGE ST W i . . . . . . . I WILMOT STREET KING AVENUE VIlEST l LILLIAN CRESCENT J I- en z ~ Cl -' <l: aJ FOSTER CREEK CT w Z <{ ..J cr W Ii; W J: U HART COURT SUNSET BOULEVARD \ ( ) ~ //;;;J (~~-.._-- i ~// /,/ !l / /// ii // \1 I! ;______J 1 ~.:~'::.::-...:;~.--... ,.-.....- ----j NEWCASTLE --'--.--'=.-. _:_==---.!.--------! ~=~~:-:c~:~~~>:::cL ! _ I [~W\ KEY MAP GEORGE ST E tii W cr t- rn cr W ~ <Xl . . KING AVENUE HARMER DRIVE t- W W W cr Z; > ii' z c ~ C> W Z W c:: "- 52 > ~ i'2 cr <{ C ..J Cl cr a:: W w ::. LAKING DRIVE .= cr :::> <{ u J: EDWARD STREET EAST Di SHIRLEY AVENUE ffl ~D~ 8 BRIDGES DRIVE rn rn :s C> C!n!ingrnn Legend - 2006 Municipal Capital Projects .. 2006 Regional Capital Projects DRAWN BY: E.L. DATE: April 3, 2006 REPORT EGD-22-06 ATTACHMENT NO.1 720 CI!l!-WglOn REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 1 0, 2006 Report #: OPD-003-06 File #: By-Law #: Subject: CLARINGTON PITCH-IN CANADA EVENTS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-003-06 be received: for information. Submitted by: _ !1l1 _ ~ B.A., RD.M.R, RRF.A. Director of Operations ,?:h .--/ .-. L,i' ~--~ <A....J ~ Reviewed by: Franklin Wu, Chief Administrative Officer FH\KR\sa 819 REPORT NO. OPD-003-06 PAGE 2 BACKGROUND: Pitch In Canada is a national non-profit organization founded in 1967 by several volunteers about the proliferation of packaging and its effects on the land and marine environment. They recognized that personal action with assistance from but not dependant on governments and other stakeholders is needed to conserve, enhance and protect the environment and to reduce and reuse waste. Pitch In Canada involves millions of volunteers in various programs from cleaning up and beautifying streams, wilderness, and urban areas to initiating recycling and composting programs. 2006 INITIATIVES The 2006 Pitch In Day will take place Saturday, April 29th across the Municipality of Clarington. Staff has contacted all schools and asked them to participate in a 20 Minute Makeover initiative with a goal of 100,000 minutes of participation. We are placing advertisements in newspapers and posters at public locations to promote our events. We will also concentrate on some specific areas of the Municipality and hopefully through this campaign we may increase the awareness of littering. Some initiatives for this year include: · Household Hazardous Waste drop off (waiting for approval from Region) · Removal of advertising signs off poles/posts · Business partnerships especially Tim Horton's, McDonald's, Coffee Time, Burger King and Wendy's · National Cell Phone Collection Program · E-Waste (collection of old computers for recycling) ILLEGAL DUMPING Staff continues to struggle with the amount of materials that are dumped along roadsides and unopened road allowances. Most of the materials are dumped to avoid disposal fees or the time and effort required for proper disposal. Dumped waste includes abandoned vehicles and parts, furniture, yard waste, household 820 REPORT NO. OPD-003-06 PAGE 3 waste and construction waste. It is normal for the Department to receive reports of five to seven dumpings per month with an average monthly cost for labour and equipment between $3,500.00 - $5,000.00. Illegal dumping occurs at any time but is more common at night or in the early morning and the sites are usually accessible and poorly lit. Staff will continue to monitor and work with respective agencies in attempts of controlling this activity. ANTI LITTERING TEAM REGION OF DURHAM In 2005 the area municipalities the Region established the Durham Municipal Anti Uttering Team with the objective of establishing a region wide anti littering strategy. The focus of the Team was to identify key partners who would be effective in our campaign against litter. The Team is expected to meet again in 2006 to develop strategies and partnerships with the business community, schools and government agencies. More discussions with Canada Post and the Ministry of Transportation are required if we are to establish an effective Clarington strategy. CONCLUSION Many individuals and organizations have worked for the past few years to conduct cleanups across the Municipality. The "Pitch In Week" is an excellent community based program that encourages Community involvement, promotes volunteerism and instills Clarington pride. Staff will continue to wage the fight against litter through education, collaboration and enforcement. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 263-2291 F (905) 263-4433 821 Cl!J!-wgton REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 10, 2006 Report #: OPD-002-06 File #: By-Law #: Subject: RATES AND FEES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-002-06 be received; and 2. THAT Council approve the proposed schedule of rates and fees for sport fields and parks effective May 1, 2006; Submitted by: Reviewed bi.:l ~~ Franklin Wu, Chief Administrative Officer Fr orvath B. ., RD.M.R, RRF.A. Director of Operations FH\kr 801 REPORT NO. OPD-002-06 PAGE 2 BACKGROUND AND COMMENT: The Operations Department maintains and issues sportsfield and park permits. The overall park usage for 2005 is as follows: Sports Field Permits Special Event Permits Picnic Permits Total 7,737 Hours 69 Hours 1.003 Hours 8.809 Hours It should be noted that 4,488 hours are booked by soccer while 3,249 hours are booked by baseball/slo pitch, etc. The fees received in 2005 were $48,615.00. 2006 FEES: Staff continues to review existing fees and services as well as comparing these to our neighbouring Municipalities. Staff is recommending an increase in adult fees, lights, special events and tournaments effective May 1st, 2006. SPORTSFIELD GUIDE: Staff continues to update and circulate the Sports Field Permit Information Guide to all permit users (Attachment #1). The purpose of the guide is to assist the public in understanding their responsibilities and our standard operating procedures. Each permit applicant is given the guide and will acknowledge the approved terms and conditions. 2006 MAINTENANCE PROGRAM: Staff will continue to serve as stewards of all public green space within our community. We have commenced an Integrated Pest Management (IPM) program and will continue to be proactive to ensure healthy sportsfield. A solid I PM will include the following practices: · Soil Testing · Topdressing · Aeration · Over seeding · Fertilizing · Proper Mowing 802 I:\GPA REPORTS 2006\OPD-002-06.doc; Rates and Fees.doc REPORT NO. OPD-002-06 PAGE 3 Over the past two years, we have done agronomic reports on the several fields as well as commencing good cultural practices. These include - Wall bridge, Green, Highland Gardens, Darlington Sports Complex, South Courtice and Ontario Power Generation soccer fields. Staff will continue with this process and will include the following: ~ Topdressing / Over seeding: ~ Spring Over seeding / Fertilizing: ~ Aeration: Guildwood, Westside, Highland Gardens, Wallbridge, Penfound OPG fields, South Courtice Monthly aeration of all parks FIELDS: Over the past two years the Soccer Clubs has seen their fields decreased. The loss of the fields at the former Great Lakes College, the field conditions at Newcastle Public School and the expansion of Durham Christian School have forced staff and the soccer conveners to accommodate scheduling at the last moment. Pearce Farm Park will not be ready until 2007 since Shipway Avenue will be under construction and remains unassumed by the Municipality. Staff is currently investigating the possibility of utilizing the former Great Lakes College field for soccer in 2006. If successful this will provide one regular field, two minis and a practice field. ORONO PARK: For many years, there has been a charge on weekends to access the park for parking. Even though the fee was nominal, the justification for implementing the fee was for the service and staffing provided. This park is used heavily on the weekend by mostly residents who use our swimming pool, splash pads and picnic areas. The average revenue over the years is approximately $2,900 per year. Staff are suggesting that the fees be eliminated commencing in 2006. 803 I:\GPA REPORTS 2006\OPD-002-06.doc; Rates and Fees.doc REPORT NO. OPD-002-06 PAGE 4 2006 USER FEES: The following is the recommended fees for the 2006 season: DESCRIPTION 2006 2005 Youth $ 4.00/hour $ 4.00/hour Adults $ 12.00/hour $ 10.00/hour Lights $ 22.00/hour $ 20.00/hour Tournament $ 150.00/day Adult $150.00/dav Sunday Tournament $ 40.00/hour $150.00/day Special Event $15.00/hour $ 10.00/hour Special Events - $30.00/hour $ 10.00/hour Holidavs Orono Park Picnic 0 July & August Only Bookings Cars $6.00 Motorcycles $5.00 Buses $35.00 CONCLUSION: Staff continues to meet with the sports users prior to the commencement and at the conclusion of the playing season. The purpose of these meetings is to continue providing constructive input to the sports field program, drawing on their knowledge, contacts and experience to provide input on policies and procedures and to contribute to an open consultation on our interests. Attachment #1 -Sports Field Permit Information Guide CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1 C 3A6 T (905) 263-2292 F (905) 263-4433 804 I:\GPA REPORTS 2006\OPD-002-06.doc; Rates and Fees.doc Cl!Jl-fllgton REPORT COMMUNITY SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 1 0, 2006 Resolution #: Report #: CSD-07 -06 File #: By-law #: Subject: 2006 MARCH BREAK EXTRAVAGANZA Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CSD-07-06 be received for information. Submitted by: J s P. Caruana i ctor of Community Services ReVieWedbO~~ Franklin Wu Chief Administrative Officer JPC/SM CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-5506 1001 REPORT NO.: CSD-07 -06 PAGE 2 1.0 BACKGROUND 1.1 2006 marked the twenty-third year the Municipality of Clarington has offered a March Break program to its residents. This year's version of the March Break Extravaganza included Day Camps at Rickard Recreation Complex and Courtice Community Complex for 4 -12 year olds; a Trip Camp for 8 -14 year olds which picked up participants at both locations, and, for the second straight year, we offered a Sports Camp for 8-14 year olds at South Courtice Arena. 1.2 March Break camp participants had the chance to develop their own customized camp experience through the convenience of registering for an entire week or by the day. This allowed parents the opportunity to choose between Day Camp, Sports Camp and Trip Camp each day of the week. 1.3 Program promotional flyers were distributed in the winter and spring editions of the Community Guide and 8,000 flyers were distributed through the Kawartha Pine Ridge District School Board. In addition, a letter was sent to all Summer Day Camp participants at the end of August 2005 promoting upcoming programs including the March Break Extravaganza. Program advertisements were placed on Page 2 in the Canadian Statesman. As well, several banners were placed throughout the community centres promoting the camps. 1.4 Extended hours service was once again provided by the Department to allow working parents to drop their children off at each complex as early as 7:30 a.m. and pick them up as late as 5:30 p.m. each day. Program staff was scheduled to provide on-site supervision of children accessing this service. Parents and caregivers found this service extremely helpful during the week as it was accessed on 165 occasions. 1.5 By offering the two Day Camps, Sports Camps and the Trip Camps, a total of 21 job opportunities were created for youth, all of whom are candidates for future employment in our Summer Day Camp Program. The March Break Camp had a total of 17 returning staff and four new staff. Applicants who demonstrated qualities of leadership, and were certified in Standard First Aid and CPR and provided a current satisfactory CPIC were interviewed for March Break employment. The quality of the applicants was exceptional this year, creating a pleasant dilemma in regards to hiring. 1.6 Successful staff were required to attend a training session on March 5 at the Rickard Complex. Staff were given details on how our camps have worked in the past, our philosophy and the expectations the Department has of them as Camp Counsellors. The training focused on many topics including: leadership, communication, customer service and bullying. The camp staff team proved to be of a good mix of experienced and new staff with everyone bringing their own skills and expertise to the program. With the experience the staff gained during March Break Camp, combined with a fair number of returning staff, the department has a strong foundation for an excellent team for the summer camp program. 1002 REPORT NO.: CSD-07-06 PAGE 3 2.0 DAY CAMP 2.1 The March Break Day Camp operated at the Garnet B. Rickard Recreation Complex, and the Courtice Community Complex. Each day participants took part in a variety of activities including arts and crafts, games and special events planned around the theme, as well as, swimming and skating. The feedback from our parent and participant surveys confirmed that the program was well organized and full of activities to keep everyone busy. 2.2 A comparison of 2005 and 2006 Day Camp participation is recorded on the table below. Registration at the Courtice Day Camp experienced slight growth over last year, while the Rickard Day Camp registration was down slightly. Courtice Total Courtice Rickard Total Com lex Com lex Com lex 40 83 48 43 91 44 87 48 42 90 46 92 48 45 93 50 95 49 45 94 52 97 52 43 95 TOTAL 232 222 454 245 218 463 3.0 DAY TRIPS 3.1 As with the Day Camp and Sports Camp Program, parents could chose to enroll their children in these activities for either the full week or on a daily basis. Trip destinations that were chosen provided a safe, enjoyable atmosphere for all of the participants. Monday Ontario Science Centre Tuesday CN Tower and Hockey Hall of Fame Wednesday - Air Zone and Roller Gardens Thursday Tubing at Lakeridge Ski Resort Friday Putting Edge and Cineplex Odeon Theatres Once again, the trip to Lakeridge Ski Resort was a favorite of the campers. The weather was great, the staff at the resort was friendly and the campers were able to get in many runs down the hill. 3.2 Participants had the option of choosing Courtice Community Complex or Rickard Recreation Centre as their pick up and drop off location. Parents were also able to access the extended hours services at either location, if required. 1003 REPORT NO.: CSD-07-06 PAGE 4 3.3 The registered participation in the trip camp program is recorded on the table below. To ensure the safety of each child, the maximum number of campers is capped at 40 to ensure an 8: 1 camper-counsellor trip ratio and to ensure that everyone had a seat on the bus. Rickard Total Courtice Rickard Total Com lex Com lex Com lex 19 40 23 17 40 19 40 23 17 40 19 40 22 18 40 18 40 23 17 40 18 40 24 16 40 TOTAL 107 93 200 115 85 200 SPORTS CAMP 4.0 4.1 For the second year in a row, the Municipality offered a Sports Camp for 8-14 year olds at South Courtice Arena. As with the other camps, participants had the option of registering for individual days or for the entire week. Each day had a sports-related theme and participants took part in a variety of activities including a hockey tournament, dry land swim meet, skating and a trip to The Putting Edge, Mini Putt Centre. The feedback from parents and participants confirmed that the program was well organized and fun for all participants involved. 4.2 Below is a table detailing the registration numbers for the week at Sports Camp. The maximum number of campers for this location was 30, which we reached everyday of camp. With Sports Camp quickly gaining in popularity, it may be time to move March Break Sports Camp to the Bowmanville Indoor Soccer Centre so we may accommodate a larger number of campers. Sports Camp Sports Camp 22 30 23 30 20 30 20 30 19 30 TOTAL 104 150 1004 REPORT NO.: CSD-07-06 PAGE 5 5.0 COMMENTS 5.1 A review of the March Break Camp Programs was held on March 21. Each camp supervisor and the counsellors were asked to provide their evaluation of their March Break experience. Topics ranged from staff selection, training, the facilities, uniforms, teamwork and special events. Great interactive discussions took place and many new and unique ideas were tabled in hopes of improving our future camp programs. 5.2 The Community Services Department was able to offer a variety of safe and exciting programs for our residents. With each passing year, the March Break Camp numbers are growing with the community. The 2006 March Break staff team were extraordinary. Theywere well organized everyday, and very passionate and enthusiastic throughout the week. Their ability to provide excellent customer service tended to alleviate any potential incidents and issues. 5.3 The program will continue to accommodate as many individuals in the Municipality of Clarington as possible. The Department continues to revise and improve the program each year, achieving the underlying goal of providing a quality program at a reasonable fee. 1005 Cl!Jlfflgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 10, 2006 Report #: COD -012-06 File #: By-law #: Subject: JOINT HEALTH AND SAFETY COMMITTEE - 2006 UPDATE - TERMS OF REFERENCE AND CONTINUOUS IMPROVEMENT PLAN RECOMMENDA TIONS: 1. THAT COD-12-06 be received; 2. THAT the By-law # 2004 -080, causing a Joint H & S Committee to be established be repealed and the representation and any future amendments to the Joint Health & Safety Committee and its structure, be made by amending the Terms of Reference, provided any changes are in accordance with the requirements of the Health and Safety Act; 3. THAT the revised Terms of Reference (Attachment #1) to be endorsed by the C.U.P.E., Local 74 President for Inside and Outside, the Fire Association, Local 3139 President, the two Co-Chairs of the Joint Health and Safety Committee and the Chief Administrative Officer, be endorsed by Council; 4. THAT the attached Continuous Improvement Plan (C.I.P.) (Attachment #2), inclusive of the Corporate Health and Safety Policy Statement, Health & Safety related policies, 2006 Training Schedule and Annual Health & Safety Objectives for 2006 and future years, substantially in the form of the attached, be recommended to Council for endorsement and approval; 5. THAT future amendments to the Continuous Improvement Plan and the policies, statements, or schedules contained therein, be authorized by approval of the Chief Administrative Officer; 6. THAT future amendments to the Terms of Reference be authorized by approval of the Chief Administrative Officer, in consultation with the Joint Health & Safety Committee where appropriate, provided that the intent of the attached Terms of Reference is maintained; 1201 REPORT NO.: COD-012-06 PAGE 2 7 . THAT if future recommended changes to the Terms of Reference substantially alter its intent, a report will be brought to Council for approval, and subsequently forwarded to the Ministry of Labour fOfendorsement; 8. THAT the recommendations identified by the Joint Health & Safety Committee and Staff, to prevent future injuries, outlined on the attached injury statistics summary for 2006 (Attachment #3),2005 (Attachment #4), and 2004 Neer Summary (Attachment #5) be endorsed; 9. THAT Council authorize the Health & Safety Officer to investigate and report back to Council on an incentive program to recognize efforts achieved in reducing lost time injuries, and reduction of incidents; 1 O. THAT a copy of this report with attachments be posted in each workplace. 11. THAT the Health & Safety Manual, inclusive of the C.I.P., H & S Policy Statement, and the Terms of Reference, be provided to all staff with a request to Department Heads and Managers to review in their departmental meetings; ... 12. THAT a copy of this report with attachment #1 Terms of Reference, be submitted to the Ministry of Labour for review and endorsement FORTHWITH. Submitted by0~ Marie Marano Director of Corporate Services Reviewed by : 0 Franklin Wu, Chief Administrative Officer Attach. 1 - Terms of Reference Attach. 2 - Continuous Improvement Plan (Under separate cover in Health & Safety manual) Attach. 3 & 4 & 5 - Injury Statistics 2006, 2005, 2004 1202 REPORT NO.: COD-012-Q6 PAGE 3 BACKGROUND AND COMMENT 1.0 Joint Health & Safety Committee - Representation 1.1 Section 9 (2) of the Occupational Health and Safety Act, made joint health and safety committees (JHSCs) mandatory in most workplaces with 20 or more workers. 1.2 Section 9(6) of the Act stipulates that a Joint Health and Safety Committee (JHSC) must consist of at least four persons, for a workplace where fifty or more workers are regularly employed. At least half of the members of the JHSC shall be workers employed at the workplace who do not exercise managerial functions. The members of the JHSC who represent workers shall be selected by the workers they are to represent or, if unionized, by the trade union or unions. 1.3 Report ADM-03-04 outlined the recommended representation on the Joint Health & Safety Committee included equal Non-Affiliated and Union members, with no maximums on the members or the alternates. The Terms of Reference was amended by report ADM-03-04 to reflect the JHSC representation, and it is not recommended that any change be made to the current structure which remains as follows, with no maximum: 2 Members from the Municipal Administrative Centre 2 Members from Community Services (Outside Facilities) 2 Members from Emergency Services 2 Members from Operations 2.0 Part-time Employees 2.1 It is expected that part time employees channel any health and safety concer~s through an affiliated member, whose names have now been posted on the notice boards. 3.0 Health & Safety Commitment - Council and Admil,istration 3.1 Council's Commitment to Health & Safety The 2006 budget recommends to Council, the introduction of the position of Health & Safety Officer which will be dedicated to Health & Safety for the Municipality. Council has advanced consideration of this position by approving the position of an interim Health & Safety Officer effective February 14, 2006. 1203 REPORT NO.: COD-012-06 PAGE 4 The 2006 Health & Safety budget includes increased funding dedicated to training in areas such as slips/falls, lifting, First Aid certification and Health & Safety certification. The Joint Health and Safety Committee reviewed and endorsed the budget, as recommended by the Chief Administrative Officer, for Council consideration during the annual budget deliberations. 3.2 Administration's Commitment to Health & Safety It was recommended in report ADM-03-04, that Department Heads encourage their employees to fully fulfil their role as a Joint Health and Safety Committee member. The continued support and commitment from the Chief Administrative Officer, and Department Head and Managers is evidenced by the increased focus on Health and Safety . 3.3 Health & Safety Reference/Focus in the Administrative Process A number of Corporate documents and processes under the direction and control of the Chief Administrative Officer and Department Heads, have been amended to include specific reference to, or focus on, Health and Safety matters. These efforts have been documented in the regularly scheduled Manager meetings as well as in Department Head meeting minutes. Recent initiatives include regular H & S updates and specific training sessions, provided by both Senior Management and the Worker Representative Co-chair. In addition, job postings, interview questions and employment letters now reference Health and Safety, and identify consequences for non-compliance with Health & Safety practices. 3.4 Health & Safety - Due DiliQence Policv Department Heads and Managers have incorporated specific Corporate policies over the past several years to incorporate Health and Safety into Corporate and operational responsibilities. Policy E9 - Due Diligence in Respect to Bill C-45 was developed in February 2005 following the introduction of federal legislation Bill C-45 which responded to the West ray Mine disaster. This policy was reviewed with Council, and special review sessions were provided to Managers and all staff. The policy sets out responsibilities for all levels of Management and workers regarding safe work practices. The policy was provided to Municipal Hall Boards and Museums for their reference and application as appropriate, to their operations. 1204 REPORT NO.: COD-012-06 PAGE 5 3.5 Departmental Responsibilities for Health & Safety Policy E9 - Due Diligence in Respect to Bill C-45 states that each department is responsible to develop departmental policies which will contain guidelines for safely operating within the department or facility, having regard to its particular hazards. Notwithstandi':lg the dedication of a corporate Health & Safety Officer, each Department maintains its obligations to adhere to Corporate and Departmental Health & Safety policies, practices and procedures. 4.0 Chief Administrative Officer 4.1 The Chief Administrative Officer is recognized by the Joint Health & Safety Committee as an advisor to the JHSC. Advice and direction may be sought by the JHSC, from the Office of the CAO, and the Chief Administrative Officer is invited to attend all Joint Health and Safety Committee meetings as an observer or for purposes of providing direction and guidance. 4.2 Messaoe from the CAO -Continuous Improvement. and Reducino Lost Time in 2006 The Chief Administrative Officer, jointly with both Co-Chairs, issued a message to all staff on January 12, 2006, attached to individual pay cheques. The memo referred to Policy E-1 Accident/Incident Report, and Policy E-2 JHS Policy and Procedures. It also requested assistance of all staff in striving for continuous improvement and setting a goal to reduce lost time injuries in 2006. The message also attached a Form 82 poster which identifies what to do in the event of an accident, and a friendly safety message. The Chief Administrative Office has also been very supportive of the safety tips and messages that have been attached to pay cheque envelopes on a regular basis. 5.0 Health & Safety Officer 5.1 Health & Safety Officer - 2006 Budoet The 2006 Budget provides for inclusion of a recognized full-time Health & Safety Officer. The position will be dedicated to the Corporate Health & Safety matters. Responsibilities will include, but not be limited to; assisting in accident investigations, the co-ordination of Health & Safety training, and other Health & Safety related matters for the Corporation. 1205 REPORT NO.: COD-012-06 PAGE 6 5.2 Non-Votinq Member I No Quorum Repr~sentation - Joint Health & Safety Committee The Health & Safety Officer will become a member of the Joint Health & Safety Committee as a non-voting advisory member to the JHSC. The position will not be included in the numbers required to make up a quorum for the purposes of conducting meetings. 5.3 Reportinq The position will report to the Director of Corporate Services. Health & Safety matters will be reviewed with the Director of Corporate Services, and the position will advise and co-ordinate activities with the co-chairs of the Joint Health & Safety Committee and the Human Resources Manager. 6.0 Non-Affiliated Co-chair - Commitment to Health & Safety The Non-Affiliated Co-chair is currently the Director of Emergency Services, and he has demonstrated exemplary commitment to the Corporate Health & Safety profile. He works closely with the Worker representative Co-chair and the Health & Safety Officer to effectively co-ordinate initiatives of the JHSC, and the Corporation. 7.0 Worker Representative Co-chair - Commitment to Health & Safety The worker representative Co-Chair has demonstrated a keen interest in all Health & Safety matters and works closely with the non-affiliated Co-chair to carry out the duties and responsibilities of the position. He has enrolled in a number of specific Health & Safety training and education sessions and has conducted in house sessions for both Management and 'worker groups. 8.0 Health & Safety Manual Binders 8.1 Health & Safety Manual Binders In order to provide consistent information to all staff, and ensure Health & Safety related materials are readily accessible and recognizable, Health & Safety binders, in a "gold" colour have been ordered. These binders are titled "Health and Safety Manual" and they will be considered a "one-stop" source for information. By making the colour of the binder stand out, it is expected that all employees will know exactly where to look for 1206 REPORT NO.: COD-012-06 PAGE 7 information related to Health & Safety. These binders will be circulated to all staff, both part-time and full-time, and will contain a copy of this Health & Safety Report, the prevailing policy statement and the Corporate Continuous Improvement Plan (containing all H & S policies), and the Workplace Injury Envelope (containing all forms necessary if an injury is sustained). 8.2 Continuous Improvement Plan (CIP) A Continuous Improvement Plan (CIP) has been developed and reviewed by the Department Heads, by the Joint Health & Safety Committee, and by the Health & Safety Officer for input. The CIP contains a copy of all corporate Health & Safety policies, the prevailing Health & Safety Policy Statement, Corporate Training Schedule for 2006, and the Corporate Health & Safety Objectives Program. 8.3 The Objectives Program will state annual targets for achieving results in Health & Safety programs and initiatives which will be applied on an annual basis. It will be a generic program which will set measurable and achievable targets. 8.4 The Training Schedule for 2006 will set out the timetable for corporate training programs. It will include training for required areas such as WHMIS, and it will also set timeframes for training sessions recommended by the Joint Health & Safety Committee resulting from a review of the injury statistics reported to the JHSC. 9.0 Iniury Statistics & Recommendation to Prevent Future Iniuries 9.1 Iniury Statistics 2006, 2005 and 2004 The 2006 and 2005 injury statistics are attachment # 3 & 4 (there are no names identified). The 2004 NEER Summary is attachment #5, for reference. The WSIB summary of injuries is referred to as a NEER (New Experience Rating) Statement. Under the WSIB NEER program employers are rewarded or penalized for occurrences within the rate groups. The Municipality of Clarington has received refunds under this program since it was started in 1987. In 2004 the refund was $20,593. The NEER statement is a review of injuries within a 3 year rolling average analysis, and it is prepared by WSIB and issued annually.in the fall. The 2005 and 2006 summaries are internal summaries for information purposes. The summaries include both incidents reported to WSIB, and those, only reported for 1207 REPORT NO.: COD-012-06 PAGE 8 documentation purposes that are not required to be filed with WSIB. They are presented here for Council's information and to identify to Council that attempts have been made to reduce the potential for future occurrences with the recommendations put forward by the injured employee and the JHSC. These summaries have been presented to the JHSC for consideration and to allow an opportunity for the JHSC to provide input into the recommendations to prevent future injuries/incidents. The recommendations to prevent future injuries also contain information from the comments made by the Supervisor on the incident reports and/or WSIB form 7. The summaries have also been reported to and reviewed by the Department Heads for information and to assist the Department in making changes which may help prevent future incidents or injuries. The injury statistics are now reported and reviewed monthly to both the JHSC and the Department Heads. Recommendations from both groups are reviewed and considered corporately, to assist in avoiding future injury or incidents. 10.0 Future Amendments to Terms of Reference 10.1 2006 Terms of Reference - Review Process The proposed 2006 Terms of Reference, as attached to this report, was posted in all worksites to permit the opportunity for comments and suggestions by all workers. It has been reviewed by the Joint Health & Safety Committee, CUPE, the Fire Fighters Association, and the Department Heads on behalf of the Non-Affiliated Group. 10.2 Future Terms of Reference Amendments The Terms of Reference serves as a reference document, which may be require amendment from time to time to reflect current circumstances or prevailing practices. It is recommended that future amendments be authorized by the Chief Administrative Officer. The CAO will sign the amended Terms of Reference, and forward copies to the Clerk and to the JHSC. It is anticipated that recommendations may be received from time to time by the JHSC, which will be considered by the CAO for amendment to the Terms of Reference. 1208 REPORT NO.: COD-012-06 PAGE 9 If deemed by the Chief Administrative Officer that the amendments are significant and applicable to the worker, the amended Terms of Reference will be posted in all worksites. 10.3 Substantial ChanQe Reported to Council If a substantial change as defined below is considered, at the discretion of the Chief Administrative Officer, the proposed change will be brought to Council for endorsement or approval as appropriate. If brought to Council for approval, the amended Terms of Reference will be forwarded to the Ministry of Labour, and Local Union/Associations for endorsement. Substantial change is defined to mean a change which alters the intent of the Terms of Reference, or effects major changes to a process which is fundamental to the Terms of Reference or the functions of the Joint Health & Safety Committee. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1209 ATTACHMENT #1 TO REPORT COD12-06 TERMS OF REFERENCE FOR THE STRUCTURE & FUNCTION OF A MULTI-WORKPLACE JOINT HEALTH & SAFETY COMMITTEE As Agreed Between THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND CANADIAN UNION OF PUBLIC EMPLOYEES AND ITS LOCAL 74. BOTH INSIDE AND OUTSIDE AND CLARINGTON FIREFIGHTERS ASSOCIATION LOCAL 3139 AND THE NON AFFILIATED MEMBERS OF THE CORPORATION Revised @: March 22, 2006 Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 1 0, 1 2006 Attachment to Report COD-12-06 1210 THIS TERMS OF REFERENCE IS SET OUT IN THE FOLLOWING FORMAT: A. GENERAL TERMS B. JOINT HEALTH & SAFETY COMMITTEE STRUCTURE C. JOINT HEALTH & SAFETY COMMITTEE FUNCTIONS D. JOINT HEALTH & SAFETY COMMITTEE MEETINGS A. A.LO A.1.1 A.1.2 A.1.3 A.2.0 A.2.1 . A.2.2 A.3.0 A.3.1 GENERAL TERMS AQreement of Parties Mutual Aoreement This doclJment respecting the Joint Health and Safety Committee Terms of Reference is mutually developed and agreed to by the noted workplace parties and is submitted to the attention of the Minister of labour for sanction and approval, pursuant to Section 9(3.1) of the Occupational Health and Safety Act. Ministrv of labour - Rioht to Withdraw The Minister of labour reserves the right to withdraw the sanction of this arrangement if deemed appropriate for any reason after consultation with the workplace parties. Collective Aareement - Not Aoolicable The Joint Health and Safety Committee (JHSC) will not be empowered to amend, alter, subtract from or add to, any of the terms in the Collective Bargaining Agreement(s) . Process to Address Concerns All employees will be encouraged to discuss their occupational health and safety concerns with their immediate supervisor. If unresolved, an employee may bring the matter to the attention of a Joint Health & Safety Committee member. If asked to assist in an unresolved matter, a Joint Health & Safety Committee member will ensure the factual basis of all unresolved health and safety concerns with the immediate supervisor responsible for the issue, before bringing it to the attention of the Joint Health & Safety Committee for further investigation. Confidential Information Medical or trade secret information will be kept confidential by all Joint Health & Safety Committee members. Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 1 0, 2 2006 Attachment to Report COD-12-06 1211 A.3.2 A.3.3 A.4.0 AA.l AA.2 AA.3 AAA All information discussed regarding injury claims, and any information deemed by the.JHSC to be sensitive or confidential will be maintained by all members in strictest confidence. Any violation of confidentiality may be considered grounds for removal of a JHSC member, as determined by the Co-Chairs in consultation with the Chief Administrative Officer and Local Union/Association representatives. Review and Chanaes to Terms of Reference JHSC Annual Review The Joint Health & Safety Committee shall review this document, at least annually at a regular meeting. Recommend revisions to ensure continued compliance with the Occupational Health and Safety Act and applicable legislation, will be reviewed with the Chief Administrative Officer for consideration of amendments to the Terms of Reference. Chief Administrative Officer- Authorized to Amend Terms The Chief Administrative Officer, is authorized to effect changes to the prevailing Terms of Reference, provided the intent of the Terms of Reference is maintained and changes are in compliance with applicable legislation and regulations. Where appropriate, changes to the Terms of Reference will be made in consultation with the JHSC and/or representatives of the local Union/Association, as appropriate. Posting of Change to Terms of Reference Changes made to the Terms of Reference, which are deemed by the Chief Administrative Officer to warrant notice to employees, the Terms of Reference will be posted in all workplaces noting the change and the revision date. Substantial Chanae Reported to Council If a substantial change as defined below is considered, at the discretion of the Chief Administrative Officer, the proposed change will be brought to Council for endorsement or approval as appropriate. If brought to Council for approval. the amended Terms of Reference will be forwarded to the Ministry of Labour, and Local Union/ Associations for endorsement. Substantial change is defined to mean a change which alters the intent of the Terms of Reference, or effects major changes to a process which is fundamental to the Terms of Reference or the functions of the Joint Health & Safety Committee. Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ Apri/l0, 3 2006 Attachment to Report COD-12-06 1212 8. JOINT HEALTH & SAFETY COMMI1TEE STRUCTURE 8.1.0 JHSC Membership & Selection B 1 .1 Representation The Joint Health & Safety Committee will be comprised of 50% non-affiliated and 50% affiliated (worker representatives) per the Ontario Health & Safety Act. section 9(7). B 1.2 Selection - Worker Representatives The worker representatives will be selected by the Union or Associations who are party to the Terms of Reference. The names of the worker representatives selected will be submitted to the Chief Administrative Officer. for addition to the list of members. The selection process of the worker representative will be in accordance with the Local Union/Association Bylaws and Constitutions. B 1.3 Selection - Non-Affiliated Representatives The Chief Administrative Officer will offer the opportunity to the Non-Affiliated employees to participate as members of the JHSC from time to time. Department Heads and Managers are directed by the Chief Administrative Officer to encourage Joint Health & Safety Committee membership and participation in Health and Safety matters. B 1 .4 Number of Members A minimum of 8 members will be required on the Joint Health & Safety Committee. The JHSC will be composed of 2 members from MAC. 2 members from Community Services (outside facilities). 2 members from Emergency and Fire Services, 2 members from Operations. as well as alternates. There will be no maximum restriction for members or alternates, however changes to the number of members or alternates will be authorized by the Chief Administrative Officer. B.1.5 Postinq of Names Names and telephone extension numbers of Joint Health & Safety Committee members will be posted on the Health & Safety bulleting boards. 8.2.0 Chief Administrative Officer B.2.1 The Chief Administrative Officer is recognized by the Joint Health & Safety Committee as an advisor to the JHSC. Advice and direction may be sought by the JHSC, from the Office of the CAO. and the Chief Administrative Officer is invited to Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 4 2006 Attachment to Report COD-12-06 1213 attend all Joint Health and Safety Committee meetings as an observer or for purposes of providing direction and guidance. 8.3.0 Health & Safety Officer Position B.3.1 Advisory Role The Corporation's Health and Safety Officer will be an advisor on health and safety matters in an unbiased manner. B.3.2 Non-Voting The position will be a non-voting member of the Joint Health and Safety Committee in order to maintain independence. B.3.3 Quorum - Position Not Included The position will not be included in representative members required to make up a quorum for either the worker or non-affiliated membership. B.3.4 Reoortinq The position will report to the Director of Corporate Services. Health & Safety matters will be reviewed with the Director of Corporate Services, and the position will advise and co-ordinate activities with the Co-Chairs of the Joint Health & Safety Committee. B.3.5 Resoonsibilities - Investiaations. Co-Ordination of Training & Other The Health & Safety Officer will be advised of all accidents, and will, whenever possible, attend with members assigned to investigate accidents. The Health & Safety Officer will be responsible for Corporate co-ordination of Health & Safety training, and other Health & Safety related matters for the Corporation. B.3.6 Deoartmental Trainina Departmental Health & Safety Training, and training related to safe use of equipment will be the responsibility of the Department. Departments will submit their training program annually to the JHSC, and to the Health & Safety Officer. The Health & Safety Officer will include the departmental training to the training calendar for circulation to all Department Heads for information and potential opportunity to share training amongst departments. Department training program specifics may be reviewed by the JHSC upon request by the Department involved. 8.4.0 Membership Term Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ Apri/l0, 5 2006 Attachment to Report COD-12-06 1214 BA.l The knowledge and expertise needed to carry out the functions of the Joint Health and Safety Committee is significant. Consequently it is recommended that JHSC members be appointed for a minimum 2 year term, with worker and management members being replaced during alternate years to maintain consistency. Representatives may serve on repetitive terms without limitation, provided the selection process is in compliance with the Terms of Reference selection process described above, and respective Union/Association By-laws and Constitutions. 8.5.0 Tralnlna of JHSC Members B.5.l Roles & Resoonsibilities - Training The Co-chair(s) of the Joint Health & Safety Committee will review with all new JHSC members, their roles & responsibilities. This will be done at a regular JHSC meeting, or on an individual basis as appropriate. B.5.2 Certification of JHSC Members Opportunity will be provided to the extent of the annual budget, for some JHSC members to attend basic or sector specific certification. C. JOINT HEALTH & SAFETY COMMIITEE FUNCTIONS C.l.0 JHSC Mandate C.l.l In accordance with the spirit and intent of the Occupational Health and Safety Act, the functions of the Joint Health & Safety Committee shall be: (a) Workplace H & SMatters: to identify, evaluate and recommend resolutions of all matters pertaining to occupational health and safety in the workplace to the Chief Administrative Officer or his or her designate. (b) Education & Trainina: to encourage adequate education and training programs in order that all employees. including JHSC members, .are knowledgeable in their rights, restrictions, responsibilities and duties under the Occupational Health and Safety Act. (c) Regulations: to make recommendations on matters related to the OHSA and all relevant Regulations, includingWHMIS and Designated Substances where applicable, and reports related to health and safety. Terms of Reference Joint Health & Safety Committee - Clarington - Revised @Apri/l0, 6 2006 Attachment to Report COD-12-06 1215 C.2.0 Workplace Inspections C.2.1 Inspections of Workplace by Worker Representatives In accordance with the Occupational Health & Safety Act obligations, inspections will be conducted by Worker Representatives. Joint Health & Safety Committee members who represent workers shall designate certain of their members who are trained, along with trained workers who are not part of the JHSC, to inspect the physical conditions of the workplace(s} at least once a month in accordance with a schedule established by the Joint Health & Safety Committee. Buildings that are not regularly used by workers, or where it is not practical to inspect the entire workplace monthly, must have at least part of this workplace inspected monthly, with an entire workplace inspection at least annually. Where and when possible, a management person shall accompany the worker member. C.2.2 Department Head & Manaaer Inspections/Observations Management will inspect their workplace(s} and observe worker procedures/behavior for purposes of recognizing both commendable and unacceptable practices in Health & Safety, and workplace safety, in accordance with the prevailing Corporate Policy established to provide for Department Heads and Managers to make observations and inspections. C.2.3 Inspection Records/Forms All occupational health and safety concerns raised during the physical inspection will be recorded on an appropriate prevailing workplace inspection form or logs maintained in the workplace, and copied or notice provided to the Department Head. Inspection forms will be signed by member(s} performing the inspection. The worksheets will then be reviewed by the Joint Health & Safety Committee at regular meetings. For urgent items noted during inspections, see following section. C .2.4 Uraent Inspection Items Items that are considered by members conducting the inspection urgent will be forwarded in writing with recommendations if possible, to the Department Head as soon as reasonably possible. The Department Head will respond in writing as soon as reasonably possible, but in no case will response exceed the 21 day limit for written response per section 8( 12} OHSA C.2.5 Outstandina Items Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 1 0, 7 2006 Attachment to Report COD-12-06 1216 Outstanding items, deemed by the Joint Health & Safety Committee to be significant will remain on the outstanding list, and the status will be reviewed monthly at regular meetings until resolved. C.2.6 Time Permitted to Conduct Insoections Joint Health & Safety Committee members shall be entitled to one (1) hour or such longer period of time as the Joint Health & Safety Committee determines is necessary to conduct workplace inspections. C.3.0 Accident Investiaations C.3.1 Definitions Accident - Definition: Unplanned event resulting in injury to people which requires medical attention in excess of first aid and/or potential lost time, or causing damage to property which may give rise to an insurance claim or monetary impact to repair damage. Incident - Definition: Unplanned event resulting in a "near miss" that could easily have been an accident. Near Miss Accidents/Incidents - Definition A Near Miss Accident/Incident is defined as incidents or unusual occurrences in the workplace that could have resulted in harm to persons or property if circumstances had been slightly different. C.3.2 Accident Notice to Co-Chairs and Health & Safety Officer The Co-Chairs will be advised of workplace accidents and assign member(s) who are trained, to investigate and fill in appropriate documents. The Health & Safety Officer will be advised of all accidents, and will accompany, whenever possible, members assigned to investigate. A worker representative from the Fire Association shall assist in investigation of fire incidents/accidents if investigation is required. C.3.3 Reoortina of Near Miss Accidents/Incidents All near misses must be reported on an incident report. The Co-Chairs and the Health & Safety Officer must be notified of all near misses within 24 hours of the incident. Near misses may be investigated by the Co-Chair, or trained members of the Joint Health & Safety Committee, and the Health & Safety Officer. C.3.4 Reoortina Accidents, Incidents and Critical iniurv All accidents or incidents as defined herein, must be reported to the Department Head, the Joint Health and Safety Co-Chairs and copied to the CAO (for Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ Apri/l0, 8 2006 Attachment to Report COD-12-06 1217 informational purposes), within 24 hours of the accident; as well as following Ministrv of Labour reporting requirements for serious injury accidents. C.4.0 Annual BudQet CA.l JHSC Review of Annual Budaet As noted under the training to be provided to JHSC members. the JHSC will include in its annual budget recommendations. for management consideration. an amount to provide opportunity for Health & Safety basic and sector specific certification for some of the JHSC members. Opportunities will be made available for any member to request participation in the certification. on a first come first serve basis up to the approved budget amount. The annual budget request by the JHSC will be determined by Management for recommendation to Council for approval. CA.2 The JHSC will include in the annual budget recommendations. an amount to provide corporate training opportunities for areas of concern identified by the JHSC after review of the annual injury statistics. C.5.0 Review of TralnfnQ Schedule & Oblectlves C.5.1 The JHSC will review as part of its normal business. the Corporate training schedule proposed for the current year. The training schedule will be developed by the Health & Safety Officer. The JHSC may make recommendations for inclusion of certain training opportunities. in the annual training schedule. C.6.0 Review of Iniury Statistics C.6.1 The Joint Health & Safety Committee will review as part of its normal business. regular updates of current injury statistics. prepared by the Corporation. The JHSC may make recommendations or comments to the Department where the injury occurred. to assist in preventing future injury or incidents. C.7.0 New EaulDment - Review C.7.1 The Joint Health & Safety Committee. upon request by any Department. will review Health & Safety material related to the use and care of new equipment which is unfamiliar to the Department. Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 1 0, 9 2006 Attachment to Report COD-12-06 1218 The Co-Chairs, Health & Safety Officer, and if appropriate, a representative from the Purchasing Division, may be invited to pre-inspections or training for new or unfamiliar equipment. The Co-Chairs, Health & Safety Officer, and Purchasing may request a review of new or unfamiliar equipment and the responding Department will provide at a mutually agreeable time. D. JOINT HEALTH & SAFETY COMMITTEE MEETINGS 0.1 Schedule of Meetinas The Co-Chairs will jointly create a schedule of meetings to be held during the year. The schedule will be circulated to all members. The schedule will form part of the recorded minutes of the JHSC. 0.2.0 Quorum The Joint Health & Safety Committee shall have a quorum of (50%+ 1) members or alternates present in order to conduct business. The additional one (1) must be from the worker representative. One (1) Co-chairperson must be present in order to conduct business and chair the meeting. 0.3.0 Aaenda & Items Considered 0.3.1 Aaenda The Co-chairperson will jointly prepare an agenda and forward a copy of the agenda to all Joint Health & Safety Committee members at least one (1) week in advance of the meeting. 0.3.2 Issues/Items to be Considered The Joint Health & Safety Committee may only consider such occupational health and safety issues as have been listed on the agenda or have been agreed upon in advance by the two (2) Co-chairpersons. 0.3.3 Resolutions for Recommendations Normal business items raised from the agenda in meetings will be dealt with on th.e basis of an informal consensus vote. Recommendations from the Joint Health & Safety Committee, and matters deemed by the JHSC to warrant being recorded in Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 10 2006 Attachment to Report COD-12-06 1219 the minutes will be put forward as a recorded motion which will be voted on by the JHSC and approved on the basis of majority. All items that are resolved are not required to be recorded in the minutes. 0.3.4 Unresolved / Outstandina Items from Aaenda or Meeting Unresolved or outstanding items will be reported in the minutes and will be placed on the agenda for the next meeting. 0.4.0 Lenath of Meetina Monthly Joint Health & Safety Committee meetings should not exceed 2 hours in length unless an urgent matter is being discussed, or as agreed by a majority of the members present at the JHSC meeting, or if 24 hours notice is provided in advance of the meeting. Remaining agenda items should be deferred to the next meeting. 0.5.0 Entitlement of Members 0.5.1 Comoensation All time spent in attendance at Joint Health & Safety Committee meetings or activities in relation to the function of the Joint Health & Safety Committee will be paid for at the members' appropriate rate of pay for performing work, in accordance with the Act. and the time spent is to be considered as time at work. 0.5.2 Time for Preoaration JHSC members shall be entitled to one (1) hour or such longer period of time as the Joint Health & Safety Committee determines is necessary to prepare for each Joint Health & Safety Committee meeting. These Terms of Reference are endorsed by signatures: signed at Ont., this day of 2006. FOR THE EMPLOYER (Non-affiliated) FOR THE WORKERS Franklin Wu, CAO President. CUPE Inside, Outside Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 10, 11 2006 Attachment to Report COD-12-06 1220 Co-Chair Non-Affiliated President, Fire Association, Local 3139 Co-Chair Affiliated Terms of Reference Joint Health & Safety Committee - Clarington - Revised @ April 1 0, 12 2006 Attachment to Report COD-12-06 1221 2006(Jan/Feb/Marl INJURIES Includina WSIB by DEPARTMENT with RECOMMENDATIONS TO PREVENT FUTURE INJURY ATTACHMENT#3 Report COD-12-06 _TOTAL April 4,2006 Date of In'u DEPARTMENT Incidents Reported to WSIB Yes / No Details Recommendations Type Injury First Aid Medical Aid Lost Time 1 Jan 26 Clerks No Wound to lower lip Yes No No Cat caught lower lip with paw during a move Consider temperment of animal&use protective gear 2 Feb 04 Clerks No Left arm scratched/right index finger Yes No No Movino cat,it scratched left arm,punctured right inde Take more care when handling animals clu 3 Feb 22 Clerks No Scratch on wrist Yes No No Scratched above right wrist while moving a cat Take more care when handling animals 4 Jan 22 Communtiy Services No Burned three fingers Yes No No Burned fingers lifting metal skimmer Install hook to store skimmer to prevent it heating u 5 Jan 22 Communtiy Services Yes No lost time Bum to top side of hand Yes No No Hit hand on the inside of fryer Employee to wear protective gear when cleaning fryer 6 Jan 22 Communti Services No Burned right hand Yes INo No Hand hit hot popcom kettle Employee to wear protective gear 7 Feb 24 Commuriby Services No Small cut to hand Yes INo No Small cut to hand Do not go as dose to outlets 8 Mar 17 Communtly Services No Right Shoulder No No No Skater going in wrong dir,ran into ee&ee fell down Ensure all skaters are following rules as explained 9 Mar 27 Communty Services Yes Lower centre back No Yes Yes Bent over to unlock lane rope on pool deck Use proper bending technique 10 Jan 11 Co rate Services Yes No lost time Back left side strained No Yes No Lifting payroll bags heavier than anticipated Request bags to be delivered/other employee u 11 Mar 06 Corporate Services No left ankle No No No Slipped on floor-twisted ankle Dir of Operations looking into changing finish on floor 12 Jan 16 Emergency Services No Sprained three fingers,left hand Yes No No Jammed fingers opening compartment More care to be taken opening rear compartment 13 Feb 25 Emergency Services Yes No lost time Cut right hand Yes No No Cut right hand,while breaking lass with an axe Wear protective Nuipment as prescribed 14 Mar 3 Emergency Services Yes No lost time Ri ht knee No Yes No During a training session ee.when through ice hit r.ki Rescue situation-unpredictable 15 Feb 02 En ineerin Yes No lost time Left hand fingers hit No No No Replenishing water bottle dropped on fingers Use greater care when handling water bottle. 16 Jan 11 Operations No Big toe,left foot No No No Climbing on loader slipped onto left foot Slow down entering loader;use 3 point system 17 Jan 19 Operations No Vision obstruction No No No Spark landed on inside of corrective lens Wear gogle style eye protection 18 Jan 30 Operations Yes Pulled bads muscle No Yes Yes Pulled back muscle getting out of truck Review three point dismount procedure 19 Jan 31 Operations No Left e e and face hit No No No U-channel post hit employee in the face Tie U-channel post down, pre-inspect,install new post if necessary 20 Feb 01 Operations Yes(No lost time) Right eye irritated No Yes No Cutting tree particals irritated right eye Wear new safety goggles 21 Feb 10 Operations Yes Repetitive strain No Yes No Right wrist sore due to the control operation of equip Employee to advise supervisor if sore,change assi nments 22 Feb 16 O rations No Lower Back No No No Truck slid off icey road employee twisted back Hard to prevent due to weather conditions 23 Mar 3 operations No Shins-left and right No No No Struck in the shins when removing trees with an ee Cut branches into smaller pieces/corn with other ee 24 Jan 11 O rations/Mntce Yes No lost time Lower Back No No No Moving copier had to lift over lip of bedliner Observe proper lifting ractices/don't lift heavy objects 25 26 27 28 29 SUMMARY OF,IN�IDENTS'�2006 WSIB Claims (Janll"eblMaC} 10 Lost Time 2 30 Non-WSIB re rts 14 Medical Aid 7 31 Total Incidents 24 32 TOTAL 2005 INJURIES Including WSIB by DEPARTMENT with RECOMMENDATIONS TO PREVENT FUTURE INJURY ATTACHMENT S 4 Report CODA 2-06 April 4,2006 f INJURY REPORTED TO a RECOMMENDATIONS BY H 8 S and INCIDENT Date of injury DEPARTMENT WSI WSIB Type of Injury IFIrst Ai Medical Aid Lost TIm0 Details REPORT SHEETS 1 June 03/05 Building 1 Aug.09/05 Clerks Feb.07/05 Clerks June 15/05 Clerks May 22/05 Clerks 2 Nov.24/05 Clerks 1 Nov.24/05 Clerks jApr.27/05 Community Services Aug.07/05 Community Services Aug.17/05 Community Services Dec 12/05 Community Services 3 Feb.22/05 Community Services Jul 06/05 Community Services June 29105 Community Services 4 May 04/05 Community Services 5 May 10/05 Community Services 6 Oct.09/05 Community Services Oct. 17/05 Community Services Oct.29/05 Community Services Dec 17/05 Community Services Apr.21/05 Corporate Services 7 Gradual over time Corporate Services 8 Sept 26/05 Corporate Services Dec 12/05 Engineering 9 Oct.04105 Finance Apr.12/05 Fire 10 Apr.25/05 Fire Aug.10/05 Fire 11 Aug.24/05 Fire 12 Dec 05/05 Fire 13 Dec 13/05 Fire Jan.01/05 Fire 14 Jan.06/05 Fire 15 Jan.06/05 Fire Jan. 13/05 Fire 16 Jan.16/05 Fire 17 Jan.21/05 Fire 18 Jul 03/05 Fire 19 Jul 04/05 Fire 20 Jul 15/05 Fire 21 Jul 19/05 Fire 22 June 27/05 Fire May 07/05 Fire May 23/05 Fire 23 Nov.007/05 Fire 24 Oct.01/05 Fire 25 Oct.05/05 Fire Oct.06/05 Fire Mar.24/05 Fire 26 May 20/05 Fire 27 Dec 18/05 Fire Apr.21/05 Operations Aug.23/05 Operations 28 Dec 09/05 Operations Dec 09/05 Operations Feb.20/05 Operations 29 Feb.21/05 Operations .Ian 191n.1; Onerations 30 Yes Back/Neck No Yes No Car Accident 1 Information on proper placement of car he es 2 No Right hand Cut Yes No No Cut finger while scooping cat food 2 Instruction on use of equipment 3 No Left Wrist Scratch Yes No No Cat Scratched her Instruction on handling of animals 4 No Yes No No Liftin Boxes 3 Liftin instruction/seminar 5 Yes Left Thumb No Yes No Puffin do back in ca a Instruction on handlin of animals 6 No Sore neck No No No Car Accident 1 Information on proper placement of car headres 7 No Sore neck No No No Car Accident 1 Information on proper placement of car headres 8 No Left Thumb Yes No No Cut finger on Chain Link 2 Instruction on use of equipment 9 No Shin Yes No No Fell off Life Guard Chair 2 Instruction on use of equipment 10 No Left ankle Yes No No Po ed ankle playing on rollerblade 2 Instruction on use of equipment 11 Yes Left Ankle No No Yes Fell on ice surface 4 Sli s/Tri s Seminar 12 No Head/Neck Yes No No Hit head on door Instruction-general safety 13 No Choked Yes No No I Choked on doughnut Instruction-general safety 14 Yes Foot No Yes No I Kicked wall Instruction-ge eral safety 15 Yes Right Jaw No Yes No Hit by big Water Jug 2 Instruction on use of equipment 16 Yes Right Lea No Yes Yes Not sure Instruction-general safety 17 No I Left Back No No No Training Instruction-general safety 18 No Upper Back No No No Lifting hockey Net 3 Lifting instruction/seminar 19 No Left Eye Yes No No Scooping Hot Fries 2 Instruction on use of equipment 20 No Cut Hand No Yes No Hand slipped while sharpening skate 2 Instruction on use of equipment 21 Yes Right Tricep No Yes No Lifting 5 gallon pail of sand 2 Instruction on use of equipment 22 Yes Right arm,wrist No Yes No Too much writing Use laptop or other methods to record info 23 No Wrist,Knee,Ankle No No No ipping and Falling 4 Slips/Trips Seminar 24 Yes elbow/knee/hand/chip No Yes No Sli ed on icy ground 4 Slips/Trips Seminar 25 No Right Side No No No Lifting boxes 3 Lifting instruction/seminar 26 Yes Finger No Yes No Cut fingers on 38mm Hose 2 Instruction on use of equipment 27 No Right Arm Yes jNo No Lifting Heavy Patient 3 Lifting instruction/seminar 28 Yes Left Arm No lYes Yes Cut muscle tendons Punching Glas Instruction-general safety 29 Yes Left Groin No Yes No Lifting patient 3 Lifting instruction/seminar 30 Yes Middle lower back No Yes Yes Lifting motorboat 3 Lifting instruction/seminar 31 No Right shoulder/neck Yes No No Slipped on icy ground 4 Sli s/Tri s Seminar 32 Yes Lower Back No Yes Yes Reoccurance of previous back in'u 3 Lifting instruction/seminar 33 Yes Right Elbow No Yes No Pulling Hose 3 Lifting instruction/seminar 34 No Left Elbow Yes No No Hit Elbow off Window Sill Instruction-general safety 35 Yes Head/Neck No Yes No , Hit head on Fire truck cab roof Instruction-general safety 36 Yes Right hand Knuckles Yes Yes No Punched out Window Instruction-general safety 37 Yes Back No Yes Yes Fell down Stairs 4 Slips/Trips Seminar 38 Yes Left Ribs Back No Yes Yes Hose Knocked him off his feet Instruction on use of a ui ment 39 Yes Left Eye No Yes No Hydraulic Fluid in Eye 5 Instruction-general safety-eye 40 Yes Lower back/Right hip No Yes No Pickin u heavy tents 3 Lifting instruction/seminar 41 Yes Left foot No Yes No Nail in foot Examine boots-possible change in type 42 No Fin ers Yes No No Bit by dog while petting Instruction on handling of animals 43 No Left Ankle No No No To much walking on uneven ground Instruction-general safety 44 Yes Left Knee No Yes No Kneeling on Zodiac 2 Instruction on use of a ui ment 45 Yes Left foot Yes No Yes Nail in foot Examine boots-possible change in type 46 Yes Finger No Yes Yes Dislocated Finger I Instruction-general safety 47 No Left Hand Yes No No Burned Hand on hot tin roof trying to entl Instruction-general safety 48 No Lower Back Yes No No Lifting Patient 3 Lifting instruction/seminar 49 Yes Right Eye No Yes No Vision Suddenly Changed Not directly related to work rocedure 50 Yes Lower Back No Yes No Getting out of fire truck 2 Instruction on use of a ui ment 51 No elbows No No No Slipped on ice pulling down garage d 4 Slips/Trips Seminar 52 No Back No No No Lifting 45 Gallon Barrel 3 Lifting instruction/seminar 53 Yes Lower Left Back No No No Fell in Ditch 4 Slips/Trips Seminar 54 No No injury at this time No No No Vehicle hit large metal plate on road No injury recorded 55 No Right Knee Yes No No Tripped on curb 4 Slips/Trips Seminar 56 Yes Cut Right Finger No Yes No Wrench slipped and cut finger 2 Instruction on use of equipment 57 No Sore back No No No Sli ed on Ice 4 Slips/Trips Seminar FR Yes Riaht Shoulder No Yes No Fell on ice 4 Slips/Trips Seminar 59 Jan.Lti/U5 uperations Jut 07/05 Operations 31 Jul 27/05 Operations June 21/05 Operations Oct.11!05 Operations 32 Set 16/05 Operations 33 Set 19/05 Operations 34 Jan.19/05 Operations Jul 27/05 Operations Mar.01/05 Operations Apr.04.05 Planning Services June 22/05 Planning Services No 113ack Yes No No I Pulled Muscle In Back 3 Lifting instruction/seminar 60 Yes Eye No Yes No Rust in eye while fi)dng Exhaust Syst 5 finstruction-general safety-eye 61 No Left Hand Yes No No Lifting Catch basins onto truck 3 Lifting instruction/seminar 62 No Eye No No No Silt degreaser in eye 5 Instruction-general safe -eye 63 Yes Lower Left Back No Yes Yes Pulled back stepping into truck Instruction-general safety 64 Yes Shoulder/neck No Yes No Removing Spindle 3 Lifting instruction/seminar 65 Yes Right shoulder No No No Picking up tables 3 Lifting instruction/seminar 66 No IRight Leg Yes No No Fell on ice and hurt leg 4 Sli slrri s Seminar 67 No E e Yes No No Installing Culvert 5 Instruction-general safety-eye 68 No Head/Neck No No No Hit head Instruction-general safety 69 No �No Thumb Yes No No Door slammed on her thumb Instruction-general safety 70 Right Shoulder No No No Over Extended Shoulder Instruction-general safety O aims i Ct EN 8 34 :a Lost Time 10 SUMMARY OF REPEAT INJURIES #Incidents RECOMMENDED ACTION 1 Proper Placement of Car Headrest 3 Department Instruction on vehicle safe &proper placement of headrest re orts 36 Medical Aid 31 2 Instruction.on Use of E ui ment 12 Dea artment rovide instruction on s eclfic hazards of a ui ment involved VLtn-WSIB idents 70 3 Lifting 15 SEMINAR recommended by H&S and will be provided in 2006 4 Slips/Trips/Falls 11 SEMINAR recommended by H&S and will be provided in 2006 5 Eye Injury 4 Department-provide instruction on eye safety. to N N .2004 , "� ,`NEER��1!l17;CGSt $i t @117 @tl = "- ATTACHMENT#5 Report COD-12-06 Claim# z e �EAR71111E(!1)F' k Accident Date Claim Type *,L It NO Sfiiftsk Lost Injury Detail RE OMMENDATIONS i Discounted WSIB Limited ACTIONS TAKEN F Past proms Claim Costt($V costs ma=Medical Aid Only z hand-dog bite 205 fingers It.hand-hot water burn It1�tdrtsafe�hattdling 96 knee-dislocated-skateboard demo p.t.staff) S1EF�4d ce Glagxt 90° 5432 hand-cut-picking up garbage Insctfam8afe handlings; 96 whoo in cough-exposed b child at day came 4 179 back-lifting luggage at conference SEijilltAREtfttngo-�2Q04k 107 finger injury-ge tin on truck 96 elbow-truck hit bum -elbow hit door handle 55 twisted ankle removing ice from hydro box SEMiaN2 T SIi s 21)04 p "; 120 elbow-pulling on fire hose stuck on a rock Review safetjrrrocedtares 428 groin pull-lifting generator iifkin SEfuIINAR`X004 107 knee-bumped on truck step 110 eye-fluids blew-applying absorball to spill 96 back-tripped on strap of equipment RoVtew safety pimdd W.j qresF1, 266 head-fell from push by another employee MandatOry-M er Mgms I � 40 forearm-pulling hose through wooded area-11i safety procedures 418 back-liftin m ba at end of shift Gfttn SEMINAR 2004 1333 back-liftin atient onto stretcher LtfGri ClNilJgron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, April 10th, 2006 Report #: COD-015-06 File #_ By-law # SUBJECT: CO-OPERATIVE TENDER W02-2006, SUPPLY, DELIVERY AND APPLICATION OF CALCIUMI MAGNESIUM CHLORIDE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-015-06 be received; 2. THAT Miller Paving Limited, Markham, Ontario, with a total bid price of $60,775.00 (plus applicable taxes), for the Municipality of Clarington's requirements for liquid magnesium chloride (Section I) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2006, be awarded the contract to supply and apply approximately 325,000 litres of liquid magnesium chloride, as required by the Municipality of Clarington Operations Department; 3. . THAT Morris Chemicals Ltd., Lakefield, Ontario, with a total bid price of $3,025.20 (plus applicable taxes), for the Municipality of Clarington's requirements for flaked calcium chloride (in 20 or 40 kilo bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2006, be awarded the portion of the contract to supply and deliver approximately 6,000 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; 4. THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second year; and , 5. THAT the funds expended be drawn from the approved budget allocation for Operations Road Maintenance. 1226 REPORT NO.: COD-015-06 PAGE 2 Submitted by: ~- Marie Marano, H.B.Sc., C.M.O. Director of Corporate Services " .~-'.'~ " rvath, RDMR, RRFA, f Operations MM\NT\FH\LAB\LM\km Reviewed by: 6~~ Franklin Wu, Chief Administrative Officer 1227 REPORT NO.: COD-015-06 PAGE 3 BACKGROUND AND COMMENT The Municipality of Clarington participated with the Durham Purchasing Co-operative Group to tender for the supply, delivery and application of calcium/magnesium products. The current tender specifications has been expanded from previous years and now includes the option to provide pricing for magnesium chloride (both liquid and flaked). Prior to being added as an approved product, the performance of this product was tested by representatives of the various participating agencies. Upon completion of this testing period, it was agreed that magnesium chloride (both liquid and flaked) met the required specifications and was to be included as an approved product in the tender document. With the inclusion of this new product, it is the intent of the Co-operative Group to award the tender on the basis of the low bid for each participating Agency's section. In doing so, Clarington is recommending the award to the low bidders for both magnesium (liquid) and calcium (flaked) chlorides. Subsequently, bids were received and tabulated as follows: Miller Paving Markham, Ontario Morris Chemicals Ltd. Lakefield, ON Glen Chemicals Ltd. Scarborou h, ON TOTALSECTION.1- (Clarington Requirernents 325,000Iitres) LIQUID CALCIUM/MAGNESIUM CHLORIDE No Bid (calcium) $454,904.61 ma nesium $507,449.75 (calcium) No Bid ma nesium No bid . TOTAL SECTION 2 - (Clarinflton Requirements. 6,000 kg) . FLAKE CALCIUM/MAGNESIUM CHLORIDE BIDDER No bid Of the total bid amounts indicated for Sections I and II, the Municipality of Clarington requirements amount to $60,775.00 and $3,025.00 (plus applicable taxes) respectively. A tender was also received from Eco-Solutions for Corn Enhance Lignin, which is an organic dust control agent. Their bid could not be considered for acceptance as it is an alternative product that does not meet the tender specifications and is currently not recognized as a standard dust suppressant with the Ministry of Transportation. 1228 REPORT NO.: COD-015-06 PAGE 4 After review and analysis of the bids by Purchasing and Operations, it was mutually agreed that the bid from Miller Paving Limited, Markham, Ontario, be recommended for the contract for liquid magnesium chloride (Section I) and that Morris Chemicals Ltd., Lakefield, Ontario, be recommended for the contract forflaked calcium chloride in 20 or 40 kilo bags (Section II). The Finance Director has reviewed the funding requirements~and~c0RcUrs-witR~the~-n------ recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. The tendered prices from Miller Paving Limited, Markham, Ontario and Morris Chemicals Ltd., Lakefield, Ontario, reflect approximately a 2.75% increase and 3.5 % increase respectively over those tendered in 2004. Miller Paving Ltd. has previously performed satisfactorily for the Municipality of Clarington. Although Morris Chemicals Ltd., has not previously performed work for the Municipality of Clarington, they have provided satisfactory service for the City of Kawartha Lakes, City of Ottawa and Prince Edward County. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169 1229 , CI!Jl.-ilJgtnn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 1 0, 2006 Report #: COD-016-06 File#_ By-law # Subject: Tender CL2006-5, HVAC Upgrades at Garnet B. Rickard Recreation Complex Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-016-06 be received; 2. THAT Crozier Mechanical Inc., Orono, Ontario with a total bid in the amount of $55,250.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-5, be awarded the contract for the HVAC Equipment Upgrade at Garnet B. Rickard Recreation Complex as required by the Community Services Department; 3. THAT the total funds required in the amount of $55,250.00 (plus GST) be drawn as follows: a) $30,000.00 from 2005 Capital Budget Account # 110-42-421-84215-7401; b) with the remaining funds in the amount of $25,250.00 being transferred from the 2004 Capital Budget Skylight Replacement at Garnet B. Rickard Recreation Complex project #7000-8650-04404; and 4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the n ssary agreement be approved. Submitted by: ./ Reviewed. by: ~---~ Franklin Wu, Chief Administrative Officer 1230 REPORT NO.: COO-o16-o6 PAGE 2 BACKGROUND AND COMMENT Tender specifications were provided by Durham Energy Specialists for the upgrade requirements of the HVAC equipment at Garnet B. Rickard Recreation Complex as required by the Community Services Department. Tenders were advertised in local papers, as well as electronically. Subsequently, tenders were received and tabulated as per Schedule "B" attached. The total project cost will be provided from the accounts specified in the recommendations of this report. As the total funds required from this equipment upgrade exceeds the available funds of $30,000.00 in account 110-42-421-84215-7401, it is recommended that additional funds required in the amount of $25,250.00 (plus GST) be transferred from the 2004 Capital Budget - Skylight replacement at Garnet B. Rickard Recreation Complex project number 7000- 8650-04404. The skylight replacement at Garnet B, Rickard Recreation Complex has been cancelled. Though the low bidder has not worked with the Municipality of Clarington on any previous projects their references from previous projects of this nature and size are good. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Community Services. After further review and analysis of the bids by the Community Services, Durham Energy Specialists and Purchasing, it was mutually agreed that the low bidder, Crozier Mecanicallnc., Orono, Ontario, be recommended for the contract for the HV AC Equipment Upgrade at Garnet B. Rickard Recreation Complex. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 1231 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Crozier Mechanical Inc., Orono, Ontario, to enter into agreement for the HVAC Upgrades at Garnet B. Rickard Recreation Complex THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Crozier Mechanical Inc., Orono, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and 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 1232 Appendix B . Clw:ilJgton Municipality of Clarington BID SUMMARY TENDER Cl2006-5 MECHANICAL INSTAllATION, HVAC EQUIP. REPlACEMENT,GBRRC BIDDER TOTAL BID TOTAL BID AS PEiR (Excluding GST) ADDE~DUMtl2 (ExqludingGSn Air Con Systems $58,040.00 $58,040.00 Whitby, ON Crozier Mechanical Inc. $55,250.00 $60,152.00 Orono, ON J. Carlson Mechanical Ltd. $55,920.00 $67,944.00 Oshawa, ON Newmarch Technical Systems $63,882.00 $63,882.00 Stouffville ON Service Experts $68,322.50 $81,845.86 St. Catharines, ON Dalray Contracting Inc. $76,700.00 $76,700.00 Oshawa, ON Certified Heating & Air Conditioning $78,030.00 $78,030.00 Pickering, ON 1233 Cl~mgton MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: April 7, 2006 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - APRIL 10, 2006 PRESENTATION PRESENTATION Please be advised Bruce Taylor, Interim Health & Safety Officer, will be providing a Presentation in regards to Report COD-012-06 - Joint Health and Safety Committee- 2006 Update, Terms of Reference and Continuous Improvement Plan. The Presentation will commence at 11 :30 a.m. Following the Presentation, a luncheon will be provided for Members of Council and Department Heads. Patti L. arrie, A.M.C.T. Municipal Clerk cc: F. Wu, Chief Administrative Officer Department Heads CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 Tennisco, Cheryl From: Ashton, Susan Sent: Wednesday, April 05, 20068:30 AM To: Tennisco, Cheryl Subject: FW: Newtonville manse rezoning Hi Cheryl, I received this from the applicant of ZBA2005-0050. Their last date of appeal for their zoning amendment was March 21,2006 and he would like a copy now of the approved by-law, the notice of passing and the final and binding notice. Can you please forward this to him and myself at your earliest convenience. Mr. Bob Martindale Martindale Planning Services 23 Elizabeth Street Ajax, Ontario L 1T 2X1 Thanks, Susan Ashton -----Original Message----- From: Bob Martindale [mailto:martplan@sympatico.ca] Sent: Wednesday, March 29, 2006 10:13 AM To: Ashton, Susan Subject: Newtonville manse rezoning Susan, Could you either fax or mail a copy of the by-law as passed by Council for my records, since I didn't get one from the Clerk's Dept.? Thanks. Bob 4/5/2006