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HomeMy WebLinkAbout10/02/2006 l1Larl!Jgron GENERAL PURPOSE AND ADMINISTRATION Cm1MITTEE DATE: TIME: PLACE: OCTOBER 2, 2006 9:30 A.M. COUNCIL CHAMBERS 1. ROLL CALL 2. DISCLOSURES OF PECUNIARY INTEREST . 3. MINUTES (a)" Minutes of a Regular Meeting of September 18,2006 301 4.(a) PRESENTATION I. . ~ (i) Dave Hardy of Hardy Stevenson and Associates Ltd. - Clean Up Criteria - Port Granby (ii) Bunny Lockett of the Regional Municipality of Durham - DurhamNork Residual Waste Study (b) DELEGATIONS (i) Kevin Tunney, Tunney Planning - proposed Amendment to Draft Approved Plan of Subdivision and Rezoning Applications ZBA2006-0015, SC-2001-001 and 18T -89059 (ii) Hannu Halminen - Proposed Amendment to Draft Approved Plan of Subdivision and Rezoning Applications ZBA2006-0015, SC-2001-001 and 18T -89059 (iii) Linda Jansma - Pesticide Reduction in Clarington (iv) Ken Ranney - Pesticide Reduction in Clarington (v) Tom Barrie, Clarington Agricultural Advisory Committee - Pesticide Reduction in Clarington (vi) Cameron Mountenay - Amendment to Foster North Neighbourhood Design Plan Proposed Amendment to Draft Approved Plan of Subdivisions and Relating Rezoning CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 62~-337! G.P. &A. Agenda -2- October 2, 2006 5. PUBLIC MEETINGS (a) Proposed Responsible Pet Owners By-law Report: CLO-G22-G6 (b) Proposed Kennel By-law Report: CLO-G22-G6 (c) Application to Amend the Zoning By-law 84-63 Applicant: Gertrude Tomina Report: PSO-10S-G6 6. PLANNING SERVICES DEPARTMENT 501 501 502 (a) PSD-105-06 - Rezoning to Permit an Indoor Golf Dome Facility 601 And Club House as Permitted Uses at 2735 Hancock Road in Courtice Applicant: Gertrude Tomina (b) PSD-106-D6 - Municipal Acceptance of Clean-Up Criteria for the 609. Port Hope Area Initiative (c) PSD-107-D6 - Monitoring of the Decisions of the Committee 625 of Adjustment for the Meeting of September 14, 2006 (d) PSD-108-D6 - Application for Removal of Holding Symbol 631 Applicant: CCCC Glen Abbey Limited (e) PSD-109-Q6 - Amendment to Foster North Neighbourhood 637 Design Plan Proposed Amendment to Draft Approved Plan of Subdivisions and Relating Rezoning Applicant: Foster Creek Developments, 2083302 Ontario Limited and Robert J. Stephenson (f) PSD-110-06 - Amendment to Draft Approved Plan of 672 Condominium Application Applicant: Port of Newcastle Developments Inc. (g) . PSD-111-06 - Amendment to Conditions of Draft Approval for a 678 Draft Plan of Subdivision for 70 Dwelling Units, Bowmanville Applicant: Headgate Developments Inc. ", " G.P. & A. Agenda -3- October 2, 2006 7. ENGINEERING SERVICES DEPARTMENT (a) EGD-033-06:" Westlake Subdivision, Solina, Plan 40M-1897 701 'Certificate of Acceptance' and 'Assumption By-law', Final Works including Roads and Other Related Works (b) EGD-045-06 - Monthly Report on Building Permit Activity 706 for August, 2006 (c) EGD-046-06 - Appointment of Building Inspector 711 (d) EGD-047-06;... Auburn Lane Land Divisions, Courtice, 714 LD 127/2002 to LD 136/2002, 'Certificate of Acceptance' Final Works including Boulevards and other Related Works (e) EGD-049-06 - Courtice Millennium Trails - Collaborative Agreement 717 8. OPERATIONS DEPARTMENT (a) OPD-011-06- Pesticide Reduction in Clarington 801 9. EMERGENCY AND FIRE SERVICES DEPARTMENT No Reports 10. COMMUNITY SERVICES DEPARTMENT No Reports 11. CLERK'S DEPARTMENT (a) CLD-021-06 - Bill 128 - Marijuana Grow Operations 1101 and the impact on Municipalities (b) CLD-022-06 - Proposed New Responsible Pet Owner By-law and 1104 Kennel By-law (c) CLD-023-06 - Animal ServiCes Assistance Agreement with the 1146 City of Pickering - Request for Six-Month Extension G.P. & A. Agenda . -4- October 2, 2006 12. CORPORATE SERVICES DEPARTMENT , , (a) COD-059-06 - Co-op Tender T06036 The Supply of Pool Chemicals and Supplies 1201 (b) COD-060-06 - Co-operative Tender TC1161-06, Co-Op Armoured 1204 Car Services 13. FINANCE DEPARTMENT No Reports 14. CHIEF ADMINISTRATIVE OFFICE (a) ADM-006-06 - Repeal of By-Law 2001-141 15. UNFINISHED BUSINESS 1401 (a) Addendum to Report PSD-080-06 - Use of Poppy Symbol on Street Signs 1501 (b) Addendum to Report CLD-019-06 -Animal Services Quarterly Report - 1507 April to June, 2006- Corrections 16. OTHER BUSINESS 17. ADJOURNMENT CJNjugton General Purpose and Administration Committee Minutes September 18, 2006 Minutes of a meeting of the General Purpose and Administration Com'nittee held on Monday, September 18, 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, Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Director of Operations, F. Horvath Director of Corporate Services, M. Marano Deputy Treasurer, Lori Gordon Director of Emergency & Fire Services, G. Weir Deputy Clerk, A. Greentree Clerk II, Barb Boffey Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #GPA-336-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the minutes of the regular meeting of the General Purpose and Administration Committee held on September 5, 2006, be approved. CARRIED Mayor Mutton spoke concerning the allegation of funds stolen from the Gamet B. Rickard Arena as reported in a recent statement in the Orono Times. The CAO confirmed with the Durham Regional Police Services that there was no proof of theft at 301 General Purpose and Administration Committee Minutes September 18, 2006 any of the arenas. Mayor Mutton stated the matter was in the hands of the Solicitor for . action. . ~ Mayor Mutton further stated the Solicitor went through the historical minutes and found the Municipal Clerk has not made any errors in judgement concerning matters considered by Council in "closed. sessions, and all rules prescribed in the Municipal Act have been followed. PRESENTATION Patrick Puccini, URS Canada Inc. - Consultant Project Team addressed Council in regards to an update on-the Highway 35 Four-Lane Planning and Preliminary Design Study. Patrick Puccini provided a brief history of the Preliminary Design Study indicating it started in May, 2000. He noted the main area of study consisted of Highway 35 with a connection to Highway 115. Patrick Puccini stated the study had consisted of many public information sessions and the recommended alternative was 5- 5A widening of.4 lanes and inclusion of a concrete barrier in the southbound lanes of Highway 35, realignment of Highway 7A, across Highway 35 with a Parlco interchange, providing access to residents and easy movement of agricultural equipment. Mr. Puccini stated the preferred alternative was to connect Highway 7 A to Highway 35 which would accommodate a large volume of traffic. Environmental impacts to this alternative would consist of fringe impacts to the Oak Ridges Moraine. Patrick Puccini stated all consultations with Council were complete and next steps were external agency meetings, finalization of preliminary design and development of a transportation environmental study report. DELEGATIONS There were no Delegations considered under this section of the Agenda. Councillor Schell chaired this portion of the meeting. PUBLIC MEETING (a) Subject: Applicant: Report: Application to Amend the Zoning By-law 84-63 James Tosswill PSD-097 -06 Susan Ashton, Senior Planner, appeared before the Committee and provided a verbal report supported by a Powerpoint presentation pertaining to Report PSD-097-06. Paul Fitze, neighbour, presently residing to the west of the subject lands, appeared before the Committee to speak in opposition to this applicant and stated the horses have become a nuisance and his family has seen an increase in flies, wandering horses, bad smells and horse manure left blocking access to their mailbox. Paul Fitze further stated ther:e are two acres of land available which does not supply enough food .2. 302 General Purpose and Administration Committee Minutes September 18, 2006 to support seven horses. He believes the owner needs to develop a plan on how to deal with the manure that is running along the slope to the south and drains from the paddock into the creek causing surface water contamination and potential contamination of the two wells on his property. No one spoke in support of Report PSD-097-06. (b) Subject: Application for Draft Plan of Condominium Approval Applicant: St. Stephen's Estates Inc. . Report: PSD-G9S-G6 Bob Russell, Planner, appeared before the Committee and provided a verbal report supported by a Powerpoint presentation pertaining to PSD-098-06. David Poole, a local resident, spoke in opposition to the. application. He stated the subdivision needs more than one entranceway and requires regular garbage pick up. Mr. Poole advised that flies and odours have been a problem. No one spoke in support of Report PSD-098-06. John Perdue, Legends Consulting, representing the property owner, advised that the owner concurs with the report and requested Council to support it also. PLANNING SERVICES DEPARTMENT ZONING BY-LAW AMENDMENT TO REZONE FROM RURAL CLUSTER AGRICULTURAL ZONE APPLICANT: JAMES TOSSWILl AND EMilY WATSON Resolution #GPA-337-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Report PSD-097-06 be received; THAT the application be referred back to Staff for further processing and a subsequent report; and, THAT all interested parties listed in Report PSD-097 -06 and any delegation be advised of Council's decision. CARRIED - 3. 303 General Purpose and Administration Committee Minutes September 18,2006 APPLICATION FOR A PLAN OF CONDOMINIUM APPLICANT: ST. STEPHEN'S ESTATES INC. Resolution #GPA-33S-06 Moved by Councillor Foster, seconded by Mayor Mutton THAT Report PSD-098-06 be received; THAT the Draft Plan of Condominium application, submitted by St. Stephen's Estates Inc. be approved and the Director of Planning Services be .authorized to issue Draft Approval under The Planning Act, subject to the conditions as contained in Attachment 2 to Report PSD-09S-06; THAT a copy of Report PSD-09S-06 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-09S-06 and any delegations be advised of Council's decision. CARRIED APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: 2044356 ONTARIO LIMITED . Resolution #GPA-339-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report PSD-100-06 be received; THAT the request for removal of Part Lot Control with respect to Lots on 40M-2~16 be approved and that the Part Lot Control By-law attached to Report PSD-100-06 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-100-06, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. . CARRIED -4. 304 General Purpose and Administration Committee Minutes September 18, 2006 SOPER CREEK SUBWATERSHED MANAGEMENT PLAN STUDY AND DARLINGTON MillS SUBDIVISION ENVIRONMENTAL IMPACT STUDY , - Resolution #GPA-340-Q6 Moved by Mayor Mutton, seconded by Councillor Foster THAT Report PSD-101-06 be received; THAT the Planning Services Department be authorized to proceed with the Soper Creek Subwatershed Study as outlined in Report PSD-101-06 be used as background information for the Clarington Official Plan Review; and . THAT Council resolve that the Future Development lands in north and east Bowmanville proceed by Secondary Plan subsequent to the completion of the Clarington Official Plan Review. CARRIED DECLARATION AND SALE OF SURPLUS PROPERTY Resolution #GPA-341-Q6 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report PSD-102-06 be received; and THAT Council declare, by By-law, the property identified as 3289 Trulls Road, Part lot 30, Concession 3, former Township of Darlington, as surplus and offered for sale. CARRIED CONFIDENTIAL REPORT REGARDING A PROPERTY MATTER Resolution #GPA-342-06 Moved by Mayor Mutton, seconded by Councillor Robinson THAT Confidential Report PSD-103-06 be referred to the end of the agenda to be considered in a "closed" meeting. CARRIED -5- 305 General Purpose and Administration Committee. Minutes September 18, 2006 CLARINGTON GREEN COMMUNITY STRATEGY Resolution #GPA-343-06 Moved by Councillor MacArthur, seconded by Mayor Mutton THAT Report PSD-104-06 be received; THAT Council endorse a Community Committee appointed by Council for the development of a Green Community Strategy; . THAT staff and the Clarington Board of Trade be authorized to prepare detailed Terms of Reference and conduct a community survey as outlined in Report PSD-104-06; and THAT the Municipality match the contribution of $2,500 from The Clarington Board of Trade to complete the Survey. CARRIED ENGINEERING SERVICES DEPARTMENT There were no Reports considered under this section of the Agenda. OPERATIONS DEPARTMENT There were no Reports considered under this section of the Agenda. Councillor Ping Ie chaired this portion of the meeting. EMERGENCY & FIRE SERVICES DEPARTMENT MONTHLY RESPONSE REPORT - JUNE TO SEPTEMBER 2006 Resolution #GPA-344-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report ESD-009-06 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. -6- 306 General Purpose and Administration Committee Minutes September 18, 2006 CLERK'S DEPARTMENT SHORTAGE OF JUSTICES OF THE PEACE WITHIN DURHAM REGION Resolution #GPA-345-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report CLD-018-06 be received for information. CARRIED ANIMAL SERVICES QUARTERLY REPORT - APRIL TO JUNE 2006 Resolution #GPA-346-06 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report CLD-019-06 be received; and THAT a copy of Report CLD-019-06 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. CARRIED QUARTERLY PARKING REPORT Resolution #GPA-347-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Report CLD-020-06 be received; and THAT a copy of Report CLD-020-06 be forwarded to the Bowmanville Business Centre for their information. CARRIED .7. 307 General Purpose and Administration Committee Minutes September 18, 2006 Mayor Mutton chaired this portion of the meeting. . CORPORATE SERVICES DEPARTMENT JOINT HEALTH AND SAFETY COMMITTEE - REVISED TERMS OF REFERENCE FOR THE STRUCTURE & FUNCTION OF A MULTI-WORKPLACE JOINT HEALTH AND SAFETY COMMITTEE Resolution #GPA-348-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Report COD-Q49-06 be received; THAT the revised Terms of Reference (Attachment #1 to Report COD-049-06) to be endorsed by the C.U.P.E. Local 74 President for Inside and Outside;lntemational Association of Fire Fighters Local 3139 President, the two Co-Chairs of the Joint Health and Safety Committee and the Chief Administrative Officer, be endorsed by Council; THAT future amendments to the Terms of Reference be authorized by approval of the Chief Administrative Officer, in consultation with the Joint Health and Safety Committee where appropriate, provided that the intent of the attached Terms of Reference is maintained; 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 for approval; and THAT a copy of Report COD-049-06 with Attachment #1 Terms of Reference, be submitted to the Ministry of Labour for review and endorsement. CARRIED. OMERSSUPPORTFUND Resolution #GPA-349-06 Moved by Councillor Trim, seconded by Councillor Foster THAT Report COD-050-06 be received; THAT the Municipality of Clarington agree to the Association of Municipality of Ontario's (AMO) request to provide financial support to AMO for the purpose of responding to issues arising out of the changes to the OMERS system; and THAT AMO, and the Durham Region Area municipalities, be advised of Council's decision. . CARRIED -8- 308 General Purpose and Administration Committee Minutes September 18, 2006 2006 TREE MAINTENANCE AND STUMP GRINDING CONTRACT Reselutien #GPA-350-06 Meved by Ceunciller Schell, seconded by Ceunciller Rebinsen THAT Repert COD-051-06 be received; THAT Cressman Tree Maintenance & Landscaping Ltd., Cebeurg, Ontarie, with a tetal bid ameunt .of $43,565.00 (excluding G.S.T.), being the lewest respensible bidder meeting all terms, conditiens and specificatiens .of the Request fer Quetatien, be awardee;! the contract fer the 2006 Tree Maintenance and Stump Grinding Centract; and THAT the funds expended be provided frem the Parks Maintenance - Centract Account #100-36-325-10115-7163, FORTHWITH. CARRIED TENDER CL2006-49, PORT OF NEWCASTLE WATERFRONT TRAIL Reselutien #GPA-351-06 Meved by Ceunciller Trim, secended by Ceunciller Rebinsen THAT Repert COD-052-06 be received; THAT Rutherferd Centracting Ltd., Germley, Ontarie with a tetal bid in the ameunt .of $323,499.65 (Plus G.S.T.), being the lewest responsible bidder meeting all terms, conditiens, and specificati.ons .of Tender CL2006-49, be awarded the contract fer the Pert .of Newcastle Waterfront Trail as required by the Engineering Department; THAT the tetal funds required in the am.ount .of $455,000.00 ($323,499.65 tender, plus centract administrati.on, c.ontingencies ~nd previeusly committed (Bluff Seeding, CL2006-22) be drawn from Engineering 2006 Capital Account #110-32-325-83304- 7401; and THAT the attached By-law marked Schedule "An te Rep.ort COD-052-06, autherizing the Mayer and the Clerk t.o execute the necessary agreement, be approved. CARRIED -9- 309 General Purpose and Administration Committee Minutes September 18, 2006 TENDER CL2006-50, ASPHALT RESURFACING, VARIOUS STREElTS, CONTRAC:r 2 . Resolution #GPA-352-o6 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report COD-053-06 be received; THAT Miller Paving Limited, Whitby, Ontario with a total revised bid in the amount of $664,~60.23 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-SO, be awarded the contract for the Asphalt Resurfacing, Various Locations, Contract 2, as required by the Engineering Department; THAT the total funds required in the amount of $767,000.02 ($745,856.05 less Ken Hooper Fire Hall Parking Expansion, plus contract administration, contingencies and soils) be provided from the following 2006 Capital Budget Accounts: Station Street Top Lift, Orono Asphalt Resurfacing, Contract 2 110-32-330-83260-7401 110-32-330-83212-7401 $ 74,000.00 $693,000.00; THAT the remaining funds from Parts A, C and D of Tender CL2006-50, be re-allocated to Part E (Station Street Top Lift, Orono); and THAT the attached By-law marked Schedule "A" to Report COD-053-06, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. CARRIED CL2006-52, ACCESS CONSTRUCTION - STRATHAVEN L1FECARE AND 280 KING STREET EAST DRIVEWAY IMPROVEMENTS, BOWMANVILLE Resolution #GPA-353-06 Moved by Councillor Ping Ie, seconded by Councillor Trim THAT Report COD-054-06 be received; THAT Ron Robinson Limited, Bowmanville, Ontario with a total bid in the amount of $71,825.25 (Plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-52, be awarded the contract for the Access Construction, Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville, Ontario as required by the Engineering Department; -10. 310 General Purpose and Administration Commi~ Minutes September 18, 2006 THAT the funds required in the amount of $267,000.00 ($71,825.25 tender, plus traffic signals above and below ground infrastructures, driveway closure and administration) be drawn from the Engineering 2006 Capital Account # 110-32-330-8::S277-7401; THAT additional funds required in the amount of $1,530.00 be provided from the Road Contribution Reserve Fund and $15,470.00 from the Development Charges Road and Related; and THAT the attached By-law marked Schedule "A" to Report COD~054-0e, authorizing the Mayor and the Clerk to execute the necessary agreement, be approved. CARRIED FINANCE DEPARTMENT There were no Reports considered under this section of the Agenda. CHIEF ADMINISTRATIVE OFFICE DURHAM STRATEGIC ENERGY ALLIANCE Resolution #GPA-354-Qe Moved by Councillor Schell, seconded by Councillor Robinson THAT Report ADM-005-06 be received; and THAT Council confirm Clarington's membership with the Durham Strategic Energy Alliance and the membership fee be drawn from Account No. 21-211-X-7200 (Unclassified Admin Membership Account). CARRIED UNFINISHED BUSINESS There was no Unfinished Business considered under this section of the Agenda. -11 - 311 General Purpose and Administration Committee Minutes September 18, 2006 OTHER BUSINESS PRESENTATION - PATRICK PUCCINI, URS CANADA INC. Resolution #GPA-355-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Patrick Puccini, URS Canada Inc., Consultant Project Team be thanked for his update presentation regarding Highway 35 Four-Lane Planning and Preliminary Design Study. CARRIED Councillor MacArthur stated that in the Friday, September 15th edition of Clarington This Week, an excellent article was written on how Durham Region Municipalities are serving . their constituents and that Clarington received top marks. Councillor MacArthur congratulated staff and praised the paper for conducting this study. Resolution #GPA-356-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be .closed" to allow for consideration of a confidential property matter. CARRIED . The meeting resumed in .open" session at 10:49 a.m. RATIFY ACTIONS Resolution #GPA-357-06 Moved' by Councillor Schell, seconded by Councillor Trim THAT the actions taken at the .c1osed" meeting be ratified. CARRIED -12. 312 General Purpose and Administration Committee Minutes September 18, 2006 ADJOURNMENT Resolution #GPA-358-06 . Moved by Councillor Foster, seconded by Councillor MacArthur THAT the meeting adjourn at 10:51 a.m. CARRIED DEPUTY CLERK MA VOR -13 - 313 PUBLIC MEETING REPORT # CLD-022-06 PUBUC MEETING KENNEL LICENSING BY-LAW The Council of the Municipality ofClarington is considering enacting the following by- laws: · to license, regulate, and govern kennels within the Municipality of Clarington, and · to license, regulate and prohibit certain. animals or classes thereof. Anyone wishing to address the General Purpose and Administration Committee of . Council on these issues may do so by attending a public meetiitg scheduled for: Monday, October 2, 2006 9:30 am Council Chambers, Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario Details of the proposed amendments can be obtained by contacting the Municipal Clerk's Department at the above address or by calling (905) 623-3379, Ext. 239. '501 PUBLIC MEETING . REPORT #PSD-IOS-06 '06SEP06 PM 1 ~~l!: TOMINA Clwmgron CORPORATION OF THE MUNICIPAUTY OF ClARlNGtON NOTICE OF PUBLIC MEETING DEVELOPMENT APPLICATION BY: GERTRUDE TOMINA AN APPLICATION TO AMEND THE ZONING BY-LAW ~ TAKE NOTICE that the Council of llie Corporation of the Municipality of Clarington Will consider. a proposed Zoning By-law Amendment, under Section 34 of the Planning I'd., 1990,.as amended. APPLICATION DETALS The proposed Zoning By-law Amendment submitted by Gertrude Tomina would rezone the lands at 2735 Hancock Road to permit an indoor golf dome facility and club house as permitted uses. The subject property is located on the north-east comer of Highway #2 and Hancock Road (Part Lot 26, Concession 2, former TOwnShip of Darlington - as shown on reverse). Plimning File No.: ZBA20Q6.0Q18 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: Monday, October 2. 2006 TIME: 9:~O a.m. PLACE: Council Chambe.... 2M Floor, Municipal Administrative Centre, 40 Temperance St., Bowmanvllle. 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 commerices. If you cannot attend the Public Meeting on this application YOU can make a deputation to Council at their meeting on Monday, October 16, 2006, commencing at 7:00 p.m. Should you Wish to appear before Council, you must register with the Clerks Department by Wednesday noon, October 11, 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 ado~n of the proposed Zoning By-lsw Amendment, you must submit a written request to the Clerk's Department, 2 Floor, 40 Temperance Street, BowrnanvlUe, 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, ard Floor, 40 Temperance Street, Bown1anvllle, Ontario L 1C 3A6, or by calling Carlos Salazar at (905) 623-3379 extension 353 or bye-mall atcsalazar@clarington.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 rney dismiss all or part of the appeal, !cipality Of Clarington this 5'" day ct September, 2006. Davl rome, M.C.I.P., R.P.P. Director of Planning Services Municipality of Clarington 40 TemperanceStntet Bowmanville, Ontario L1C 3A6 502 ! " i . " 1 I II. - i i . s J .. ~ :IE " ,Q ... C coz..i E ;.w ~ E - .o:lii 0 '0 ~ .cC ~.. co~ co. -3 ~:s g~ ~ . N c · :;~. <.!! l:). N a.lL ;.: Zl:) (1)1 · i z '" 0 2 ~ \ ~ I I ' .~ 503 CI!JlmglOn REPORT PLANNI"~G SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 2,2006 . Report #: PSD-105-06 File #: ZBA 2006-0018 . By-law #: Subject: REZONING TO PERMIT AN INDOOR GOLF DOME FACILITY AND CLUB HOUSE AS PERMITTED USES AT 2735 HANCOCK ROAD IN COURTICE APPLICANT: GERTRUDE TOMINA RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: . 1. THAT Report PSD-1 05-06 be received; 2. THAT the application to amend the Zoning By-law submitted by Gertrude Tomina be referred back to Staff for further processing; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Da Dire J Crome, M.C.I.P., R.P.P. r of Planning Services ReviewedbP~~ Franklin Wu, Chief Administrative Officer. GF ICOSIDJC/df/jd 25 September 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-105-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner/Applicant: Gertrude Tomina 1.2 Rezoning: from "Agricultural Exception (A-76)" to an appropriate zone to permit the addition of an indoor golf driving range (Golf Dome) and . club house facility. 1.3 location: 2735 Hancock Road, Courtice, Part lot 26, Concession 2, former Township of Darlington 2.0 BACKGROUND 2.1 On May 24, 2006, Ms. Gertrude Tomina submitted a rezoning application to permit the construction of an indoor golf driving range and clubhouse building at 2735 Hancock Road in Courtice. There is an existing outdoor golf driving range on the property as well as a single-detached residential dwelling. The application was deemed complete on August 28, 2006. 2.2 The Applicant has also submitted a related site plan application (SPA 2006-0014). 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 400 metres of the subject property and public notice signs were installed by the Applicant on the Hancock Road and Highway 2 frontages. 3.2 At the time of writing this report, Staff has not received any objections to the proposal. 4.0 SITE CHARACTERISTICS AND SURROUNDING AREAS 4.1 Site Characteristics located on the northeast corner of Hancock Road and Highway 2, the lands are currently occupied by a single-detached residential dwelling and an outdoor golf driving range facility. A significant portion of land on the east side of the site (approximately 3.65 hectares according to the Ministry of Transportation) contains land identified as the "Previously Technically Preferred Route" for a Highway 407 to Highway 401 link interchange. There is also a telecommunications tower on the site just to the west of the "Previously Technically Preferred Route." There is also a significant woodlot on the northeast corner of the property. . 602 REPORT NO.: PSD-105-06 PAGE 3 4.2 Surrounding Uses: North: East: South: West: Agricultural, Rural Residential Woodlot; Service Station Commercial, Rural Residential Agricultural Environmental Protection, Urban Residential Figure 1.0 - Existing golf driving range, residential dwelling, shed, and telecommunications tower. 5.0 PROVINCIAL POLICY 5.1 Provincial Policv Statement The Provincial Policy Statement (PPS) indicates that development offering recreational, tourism and other economic opportunities are to be promoted. The proposal for an indoor golf driving range and club house building should be viewed as a. significant recreational and tourism-related opportunity for the Municipality given that it would be just the second such facility available to the public in the eastern-end of the Greater Toronto Area. 5.2 The PPS requires that development be appropriate to the infrastructure which is planned or available and effort must be made to avoid the need for unjustified and/or uneconomical expansion of the existing infrastructure. This proposal is outside of the Courtice settlement area and therefore the extension of municipal water and sewer services is not permitted. The Applicant has advised Staff that the proposed development will be on private sewer and water services. 5.3 The PPS indicates that development and site alteration shall not be permitted in significant wetlands and significant woodlands, among other natural features. In addition, development and site alteration is not permitted unless the ecological function 603 REPORT NO.: PSD-105-06 PAGE 4 of the "adjacent lands" has been evaluated and there are no negative impacts. This analysis has not been completed. 5.4. Places to Grow - Growth Plan This proposal is not required to conform to the Growth Plan for the Greater Golden Horseshoe because the application was made prior to the Plan coming into effect on June 16, 2006. 5.5 Greenbelt Plan The property is located within the Natural Heritage System of the Protected Countryside and is therefore subject to a number of rural area policies set out in the Greenbelt Plan. Specifically, the proposal is considered to be a non-agricultural, recreational use as defined in the Plan. A major recreational use are those recreational uses which require large-scale modification of terrain, vegetation or both and usually also require large- scale buildings or structures. Non-agricultural recreational uses are permitted in the Greenbelt provided they are not located in a Prime Agricultural Area as defined in the Clarington Official Plan. Proposed non-agricultural uses must demonstrate that the use is appropriate in the rural area, that proposed water and sewer servicing is appropriate, that no negative impacts on key natural heritage features or hydrologic features are generated by the use, and that the biodiversity and connectivity of the Natural Heritage System is not disturbed. The proposed indoor golf driving range and club house building must demonstrate that each of the above requirements has been met. 6.0 OFFICIAL PLAN CONFORMITY 6.1 Durham Reaional Official Plan The Durham Region Official Plan designates the lands as "Major Open Space." Recreational activities are to be permitted in these areas as long as every effort is made to preserve ecological features inCluding groundwater resources, habitats for plants, fish and wildlife, flood and erosion control, and scenic and recreational values. Provided this is demonstrated to be the case by the Applicant, this. proposal would conform to the Durham Regional Official Plan. 6.2 Clarinaton Official Plan 6.2.1 The Clarington Official Plan designates the lands at Hancock Road and Highway 2 in Courtice as "Green Space." Lands designated as such are to be used primarily for conservation and active or passive recreational uses. This proposal to add an indoor golf and club house facility is considered to be an active recreational use provided that the nature and extent of the uses proposed in the "club house" are recreational in nature. 604 Ii REPORT NO.:PSD~105-06 PAGE 5 6.2.2 An Environmental Impact Study is triggered by the fact that the property is located on the designated "Lake Iroquois Beach" as shown in Map C1 of \re Clarington Official Plan, as well as by the fact that the property contains identified \~ignificant woodlands and is within the Greenbelt. . I' 6.2.3 Staff requested the applicant to prepare draft Terms of Reference and will authorize the work at such time as the Terms of Reference are received and approved. 7.0 ZONING .BY-LAW CONFORMITY 7.1 The subject lands are currently zoned Agricultural Exception (A-76), which is a temporary use by-law which limits the use of this property to one residential dwelling and a golf driving range facility. The temporary use expires on October 10, 2008 The proposal to build an indoor golf driving range and club house building has resulted in this rezoning application. 8.0 AGENCY COMMENTS 8.1 At the time of writing this report, several agencies have yet to provide comments on the circulated materials. These agencies include Central Lake Ontario Conservation, Clarington Community Services and Enbridge Gas Distribution. 8.2 Clarington Building Services commented that the proposed development presents several water and sewage issues. Adequate water supply to the building for fire-fighting purposes and a suitable sprinkler system for the air-supported structure are both required. The proposed septic system will also be subjected to an approval process at the Durham Region Health Department or Ministry of Environment, depending on the capacity of the proposed system. Clarington Building Services also noted that development charges would need to be paid to the Municipality, Region and the two school boards prior to the issuance of any building permit for this development. 8.3 Clarington Emergency Services commented that water supply for fire fighting purposes is required in accordance with the Ontario Building Code. These connections must also comply with Clarington Fire standards. Further to this, fire routes are to be a minimum of 6 metres wide with a centreline turning radius of 12 metres. 8.4 Clarington Accessibility Committee has commented that the Applicant be advised that six handicapped parking spaces will be required for this type of development. The current site plan submission for conceptual purposes only showed the provision of three handicapped parking spaces. 8.5 The Ministry of Transportation commented that the proposed development should take place entirely outside the previously identified envelope for the 'Previously Technically 605 REPORT NO.: PSD-10S-06 PAGE 6 Preferred Route" associated with the link and extension between Highway 407 and Highway 401. For these reasons, the Ministry of Transportation also commented that the existing entrance. from Hancock Road be used for access to the proposed development. . . . 8.6 Durham Region Health Department has advised that approval on this application be withheld until appropriate information is rEiceivedregarding sewage flow rates from all the buildings and sewage disposal design, including 100% replacement area. 9.0 STAFF COMMENTS 9.1 Staff requires clarification from the Applicant on the details of the proposed building that is to be attached to the indoor golf driving range. The plan submitted and circulated indicates a 20,000 square foot building but the applicant has recently advised the building will not exceed 4,400 square feet. The attached building must be designed and used for land uses which are accessory to the principal use. This application must meet the definition of "major recreational use" to comply with the Greenbelt and Official Plan policies. . . 9.2 The proposed development will not result in the loss of prime agricultural land and it is not currently being farmed. 9.3 . The applicant has been requested to demonstrate how the private septic system and water supply will adequately service the site. Adequate water supply for fire fighting purposes and appropriate sprinkler systems, must be accommodated on the property appropriate for the size and scale of the proposed development. 9.4 As of the time of writing this report, Staff has not yet commenced the required EIS Report, awaiting draft Terms of Reference from the Applicant. There are several circulated agencies which have yet to respond with their comments on the proposal. As a result, we are unable to comment fully on this development proposal at this time. 10.0 CONCLUSION 10.1 It is respectfully recommended that Council refer this application submitted by Gertrude Tomina back to Staff for further processing. Attachments: Attachment 1 - Key Map Attachment 2 - Site Plan Concept 606 T Attachment 1 , 0 ReporIPSD-105-06 , 1 " I "C . D ~ E ~ - It ::E " i t ~ !z W ~ IDD ....Z nW 'Y~ U)CC ~! <> mal NCJ z z 2 ~ ',"" ~,...., -, I"'''''''''' '. ~ ,....,',..... '.',- t,-" '.'.' "...,]'.""" ' I "j"'" )' S ',': ;' f. '....... ' I '-, ",-', . " ..... " .,.. ....., ~ (>y .).. ~l ~. :c I g Q ... o .. ...1 .... E Q'U Ii' c: U) · g~ Nc: <.I Q.a. CI)~ en ~ .. c: E ~ . 'U ~ . CJ ;.: . ~ 607 II !lli~m~ i i l!~ ~II~ 9 ! ~!!i!;111 !m ~rmiiilm 1111 tf;\.! li~ ~~I "I~ II DODD W ~~~. I, I 1111 e~ l!m!J I 01100 ~ ~!, .~~ I ~ Attachment 2 To ReP9rt PSD-105-06 . . I I ! II " ~ Ua ii I JL-.JI . ] I ] l LOT 25 ~ .... <> ~ I "I I ~'ld..11 I 11I1Ii1l1l1l I I" &11011I11 $?~"'!1II."! I~ I ~ ~i ."i!IIIHs II'" till"I' ;.,,",;1 ~ !i Ii ggiliil ill !I 1:If j II ~ i-L-I 608 CI~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 2,2006 Report #: PSD-106-06 File #: PLN 33.4 By-law #: Subject: MUNICIPAL ACCEPTANCE OF CLEAN-UP CRITERIA FOR THE PORT HOPE AREA INITIATIVE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-106-06 be received; 2. THAT Council concur with the Municipal Peer Review Team's conclusions with respect to the Clean-up Criteria Document for the Port Hope Area Initiative; 3. THAT Council authorize the Municipal Peer Review Team to sign the Comment and Disposition Form for the Clean-up Criteria Document on behalf of the Municipality of Clarington; 4. THAT a copy of Council's decision be forwarded to all interested parties indicated in this report. Reviewed b"-) ~~ Franklin Wu Chief Administrative Officer JAS*FL *DJC*df 21 September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830 609 REPORT NO.: PSD-106-06 PAGE 2 1.0 PURPOSE OF REPORT 1.1 The purpose of this report is to present to Committee and Council, the results of the . Municipal Peer Review Team's review of the "Clean-up Criteria Document for the Port Hope Area Initiative" as it pertains to the Port Granby Waste Management Facility. 2.0 BACKGROUND 2.1 The Port Hope Area Initiative, which consists of the Port Granby Project and the Port Hope Project, is intended to clean-up and provide for the safe long term management of the historic low level radioactive waste originating from the processing of radium and uranium at the former Eldorado plant in Port Hope. These materials were deposited at the Port Granby Waste Management Facility in Clarington, and in various locations throughout the Municipality of Port Hope, including the former Township of Hope. The preferred options for each Project involves excavating the waste and storing it in a new engineered storage mound located in each respective Municipality. The waste includes both radioactive and non-radioactive contaminants. 2.2 The Legal Agreement between the Government of Canada, Clarington and Port Hope, does not detail the specific criteria that would guide the clean-up of the contaminated sites, including the existing Port Granby Waste Management Facility. Rather, the Agreement states that "Canada shall clean up properties contaminated with Historic Low-Level Radioactive Waste so that all such properties will be able to be used for all current and foreseeable unrestricted uses." 2.3 At the time the Agreement was signed, it was intended that the clean-up criteria for the Port Hope Area Initiative would be based on criteria to be developed by the Canadian Nuclear Safety Commission (CNSC) that would form the basis for all regulatory decisions in regard to radioactively contaminated sites in Canada. However, the CNSC subsequently clarified that the Commission would not develop the clean-up criteria, but would review and, as appropriate, approve the criteria. Accordingly, the signatories to the Agreement agreed on a co-operative process to develop specific clean-up criteria for the Port Hope Area Initiative. This process primarily involved the Low Level Radioactive Waste Management Office (LLRWMO) and the two municipalities, with significant input also being provided by Natural Resources Canada, Health Canada, the CNSC, and the Ontario Ministry of the Environment. 2.4 The public was also consulted on the development of the clean-up criteria.. An information session on clean-up criteria and human health and safety was held at the Newtonville Community Hall in November 2004. Additional information sessions were also held in Port Hope. Information on the human health and safety effects of the Port Granby Project, which is directly related to clean-up .criteria, was presented to the public at an Open House in January 2005, and through the presentation of the draft Environmental Assessment Study Report at an Open House in February 2005. These Open Houses were all held in Newtonville. 2.5 Due to the highly technical nature of the clean-up criteria discussions, the Municipalities relied heavily on the technical expertise provided by the Municipal Peer Review Team led by Hardy Stevenson and Associates. From January 2004 to June 2006, the Peer 610 REPORT NO.: PSD-106-06 PAGE 3 Review Team reviewed many drafts of the Clean-Up Criteria Document. Their comments, as well as the LLRWMO's responses, are itemized in the Peer Review Comment and Disposition Form. 2.6 The Peer Review Team has prepared a report for the Municipality in which they advise that they are satisfied with the Clean-Up Criteria Document for the Port Hope Area Initiative as it pertains to the Port Granby Waste Management Facility. They are prepared to sign the Comment and Disposition Form for the Clean-up Criteria Document. By signing this document, the Peer Review Team will be indicating that it agrees with the LLRWMO's disposition of their comments and with the proposed clean- up criteria for the Port Hope Area Initiative. 2.7 A copy of the Peer Review Team's report forms Attachment 2 to this report. The Comment and Disposition Form is available for review in the Planning Services Department. 3.0 STAFF COMMENTS 3.1 The report prepared by the Peer Review Team, as well as their presentation to Committee, will provide details regarding the process by which the clean-up criteria were developed, what the criteria mean for the environment and the health and safety of area residents. and how the criteria will be applied in the actual excavation of the waste. However, it is appropriate in the staff report to highlight a number of issues that were key to the process of developing the clean-up criteria for the Port Hope Area Initiative, including the Port Granby Project. 3.2 Passive Recreational End Use 3.2.1 As noted earlier, the Legal Agreement requires contaminated sites to be cleaned-up so that they may be used for all foreseeable future uses. Determining the end uses for the Port Granby site once the waste has been removed is an important issue in the development and application of appropriate clean-up criteria. 3.2.2 In 1999, at the time Council endorsed the original concept for the long term management of the Port Granby wastes, Council's resolution indicated that "appropriate portions of the Port Granby site should be designed for natural heritage and passive recreational purposes possibly including the Waterfront Trail...". Given Council's position and the fact that the site will remain under licence from the CNSC for an undetermined period of time, the use of the remediated site for passive recreational purposes was assumed in the development and application of criteria. 3.3 Extent of Clean-Up of the Port Granbv Waste ManaQement Facilitv 3.3.1 The protection of human health and safety and the natural environment were paramount considerations in the development of the clean-up criteria. In this regard, the clean-up of the existing Port Granby waste facility is intended to restore the site to a condition that is safe for use as publicly-accessible open space. Criteria to achieve this use were developed for both radioactive and non-radioactive contaminants. 611 REPORT NO.: PSD-106-06 PAGE 4 3.3.2 The criteria for radioactive contaminants in soil are based on nationally and internationally accepted standards and were derived from a maximum total incremental dose constraint of 0.3 mSv/year above background. This dose limit will apply to public exposure during and after the construction phase of the Port Granby Project, and represents 30% of the regulated dose constraint of 1mSv/year developed by the CNSC . for licensed nuclear facilities. (A mSv (milliSievert) is a measure of equivalent or effective dose of radiation used at low doses or dose rates). The typical annual dose equivalent for residents of Clarington from all sources (natural and man-made such as dental x-rays) is 2.6 mSv/year, while the Canadian average is 3.0 mSv/year. Based on this dose criterion, concentration criteria for radionuclides in soil were developed in two categories - sites without development constraints and sites with developments constraints. The Port Granby site would fall into the latter category for reasons discussed earlier. 3.3.3 The criteria for non-radioactive contaminants developed for the Port Hope Area Initiative are for the most part based on criteria developed by the Ontario Ministry of the Environment for two land use conditiollS (residential/parkland/institutional and industrial/ commercial/community land uses). The proposed clean-up criteria represent total values inclusive of background levels to ensure that the criteria for non-radioactive contaminants fall below total concentration thresholds for ecological and human health effects. 3.3.4 A number of factors are to be considered in determining the appropriate level to which the existing Port Granby waste facility should be cleaned up. These include the intended end use (passive recreational with no residential uses permitted), the fact that the site will remain under the control of the Government of Canada for an undetermined length of time, and contamination migration at the site. 3.3.5 Given these factors, it is considered that clean-up criteria for radionuclides based on the "site with development" assumption and for non-radioactive contaminants based on the Ministry of Environment's criteria for industrial/commercial/community land uses would ensure that ecological and human health would be protected while permitting the remediated site to be used for passive recreational purposes. As such, the application of these clean-up criteria would achieve Council's objective of creating publicly- accessible open space while minimizing the impact on the local community. 3.4 Flushina of Residual Contamination in Groundwater 3.4.1 Most of the significantly contaminated groundwater plumes at the existing Port Granby site will be remediated through the removal of the waste. Experience has shown that some areas of residual groundwater contamination will remain after the waste has been removed. 3.4.2 The contaminated groundwater in the plumes will be treated over time through a flushing process and the operation of facilities to collect and treat the contamination. The period of groundwater flushing .is undetermined but may extend over several decades. These measur~s are not expected to immediately remediate gr{)undwater quality to permit the use of the groundwater for domestic purposes. However, this is not expected to cause any difficulties given that groundwater from the site is not expected to be used for residential purposes. 612 REPORT NO.: PSD-106-06 PAGE 5 4.0 CONCLUSIONS 4.1 The development and acceptance of the clean-up criteria marks a key milestone in the Port Hope Area Initiative, and represents the culmination of many years of co-operative effort by the Municipalities of Clarington and Port Hope and tre LLRWMO. In this regard, the Municipal Peer Review Team played a critical role in ensuring that the Municipality's interests and the health and safety of its residents are protected. 4.2 It is also important to note that both Port Hope Council and CNSC staff have accepted the clean-up criteria. Attachments: Attachment 1 - Attachment 2 - Glossary of Terms Municipal Peer Review Team Report List of interested parties to be advised of Council's decision: Sharon Baillie-Malo Glenn Case Michael Ayer & Julie Jones Vito Binetti Wayne Boucher Ray Coakwell and Frances Brooks Walter Burman Rosemary Cooper Marion and Stuart DeCoste Frederic DeSourdy Robert Edgar Mel Edwards Wilma Entwisle Gord and Penny Ewington Betty and Stephanie Formosa Paulette Gerber Lori Graham Frank Hart Luanne Hill and Mike Mamonko Susan Kinmond Maria Kordas - Fraser Jane Lawrence Brian Layng Eric Leeuwner Gerry Mahoney and Bonnie McFarlane Andrew McCreath Joanne McNamara Rupert McNeill Lorri and Stuart Munro Tim and Laurel Nichols Dora Nichols C'arole Owens Garfield Payne James B. Robertson Linda and Paul Ryerse Sarwan Sahota Ken Shrives Barb Spencer John Stephenson Brian and Penny Stripp Rob & Kim Studt Midori Tanabe Harvey Thompson Rosemary Tisnovsky Stan Tisnovsky Julie Tutla Richard Walker Mary and Harry Worrall 613 AltaCnment 1 To. Report PSD-106-06 GLOSSARY OF TERMS CNSC LLRWMO Canadian Nuclear Safety Commission Low Level Radioactive Waste Management Office mSv MiIIiSievert - A unit of equivalent or effective dose of radiation at low doses. 614 Attachment 2 To Report PSD-106-06 HARDY STEVENSON AND ASSOCIATES SUBJECT: PEER REVIEW TEAM CONCLUSIONS REGARDING THE PROPOSED CLEANUP CRITERIA FOR THE PORT HOPE AREA INITIATIVE Recommendation That Council concur with the Municipal Peer Review Team's [mdings with respect to the Port Hope Area Initiative Cleaoup Criteria Document as it pertains to the Port Graoby Waste Maoagement Facility, aod with the Peer Review Team's intent to sign the Comment aod Disposition Form for that document. Purpose of Report The purpose of this report is to provide Clarington Council with the results of the Municipal Peer Review Team's review of the Cleaoup Criteria Document as it pertains to the Port Graoby Waste Maoagement Facility, aod to. obtain Council's concurrence prior to the peer review team signing the Comment I Disposition form for the Cleaoup Criteria Document. By signing the Comment I Disposition Form, the peer review team will indicate that it agrees with the Low-Level Radioactive Waste Maoagement Office (LLRWMO) disposition of the peer review team's comments aod the proposed cleaoup criteria for the Port Hope Area Initiative. Background Cleaoup criteria are required for the Port Graoby waste maoagement facility so that it could be remediated aod used for passive recreational uses consistent with Council's resolution from 1999, while minimizing the impact on the local community to the extent possible. This resolution recommended to the federal government "that appropriate portions of Port Graoby site be designed for natural heritage aod passive recreational purposes possibly including the Waterfront Trail...". This objective has been the key consideration in the development of the cleaoup criteria for the Port Graoby site. Peer Review Team Conclusions - Cleanup Criteria Page 1 615 Cleanup criteria are also required for the Long-Term Waste Management Facility to ensure that it meets end use requirements. Cleanup criteria are used:to identify waste materials, areas of contamination and waste volumes and thus establish the level of cleanup of soils and groundwater for the Port Granby Project. The criteria have been developed through a co-operative effort of the LLRWMO, the Municipalities of Port Hope and Clarington, members of the public, and various government agencies (particularly Ontario Ministry of the Environment, Natural Resources Canada, Health Canada and the Canadian Nuclear Safety Commission) and are summarized in the cleanup criteria document. The criteria apply to various contaminants of potential concern (COPCs) for low-level radioactive waste relevant to the Port Hope Area Initiative including the Port Granby Waste Management Facility. The Legal Agreement (Schedule 2) anticipated that the Canadian Nuclear Safety Commission (CNSC) would establish the cleanup criteria for the Port Hope Area Initiative in consultation with the LLR WMO and the Municipalities. Subsequent to the signing of the Legal Agreement, the CNSC clarified that the Commission would not develop these criteria for cleanup; rather the Commission would review and, as appropriate, approve the criteria. The LLR WMO entered into discussions with the Municipalities of Port Hope and Clarington to reach agreement on cleanup criteria. The LLRWMO conducted specific scientific analysis to determine human health and ecological risk resulting from specific criteria where standards currently do not exist. The CNSC and other federal and provincial agencies have reviewed and conimented on the criteria proposed by the LLRWMO. The Peer Review Team has also reviewed the cleanup criteria and has had numerous discussions with the LLRWMO on the criteria and their application. The Peer Review Team's focus was to ensure that: . The cleanup is done 'right' for now and for the future; . The Cleanup Principles (See Attachment I) will be achieved; . The Port Granby site will be available for recreation and related purposes after the cleanup is completed; and . There will be municipal oversight during the cleanup. The Legal Agreement does not require the consent of the Municipalities regarding the cleanup criteria. However, consultation with the Municipalities is required and the LLRWMO, as the Project proponent, is to address any concerns of the Municipalities before the document is submitted for final review by the relevant authorities. Peer Review Team Conclusions - Cleanup Criteria Pagel 616 The Principles In September 2004 the Municipalities and the LLRWMO (with the concurrence of Natural Resources Canada) reached agreement on Principles to Guide the Process and to guide the development of cleanup criteria. These Principles were distribt\ led to the public and received support. A copy of the statement of Principles is attached (Attachment 1). The. general principles used in guiding the development of cleanup criteria are: . Properties contaminated with historic low-level radioactive waste shall be cleaned up to permit full enjoyment and use of these properties. Such uses include vegetable gardens, play areas, recreational uses and home construction. . Cleaned up properties can be used for all current and foreseeable unrestricted nses. . The Legal Agreement shall be adhered to through,out the development and application of cleanup criteria for the Port Hope Area Initiative. . Cleanup criteria shall meet or exceed the requirements of Canadian regulators (e.g. Canadian Nuclear Safety Commission, Ontario Ministry of the Environment, etc.). . Consultation with the public, the municipalities, and federal and provincial agencies shall be conducted during the development of cleanup criteria. . Cleanup criteria shall consider all pathways to human health and the environment. Under the general principles, several special circumstances are listed for consideration and the following are of interest to Port Granby Waste Management Facility. . Specific cleanup criteria will be developed to reflect anticipated (foreseeable) future land uses for certain properties within the scope of the Port Hope Area Initiative. Existing Port Granby site is cited as an example of this circumstance. . Cleanup criteria shall reflect special groundwater circumstances. The completion of the cleanup at some sites could require continued environmental monitoring and treatment of groundwater for a period of time before conditions are such that the foreseeable unrestricted use for particular site would come into effect. This circumstance will also apply to the existing Port Granby site. . The Port Hope and Port Granby Long-Term Waste Management Facilities shall continue to be monitored and will remain under the care and control of Canada for the long-term (i.e. hundreds of years). Design and development of long-term waste term waste management facilities will focus on community-defined end-uses. Therefore, site-specific cleanup criteria should apply to their sites in accordance with their end-use (e.g. passive/active recreation, etc.). Peer Review Team Conclusions - Cleanup Criteria Page 3 617 The Port Granby site cleanup will take into consideration these special circumstances, particularly over the long term as time will be required to complete flushing of groundwater contaminants at the existing site. The Cleanup Criteria The LLRWMO developed cleanup criteria for the historic low-level radioactive waste (LLRW) cleanup in Port Hope and Clarington and the cleanup of specified industrial waste sites in Port Hope. Specific criteria were developed which are suitable for special circumstances as well. The historic LLRW includes all of the wastes arising from the processing of radium and uranium by Eldorado until 1988, which were deposited at the Port Granby waste management facility (from 1955 to 1988) and various sites in Port Hope (until 1955). During the initial years of operation radioactive wastes and marginally contaminated soils were deposited at the west end of the East Gorge. Industrial waste, including scrap equipment, rubble, drums and mixed soils from remedial works were dumped in the West Gorge. After the I 960s the majority of the wastes were buried in trenches on the plateau area between and to the north of the two gorges. Based on extensive analysis of soil samples, historic LLRW is known to invariably consist of certain key elements (uranium, arsenic, thorium-230 and radium-226) which provide a 'waste signature' by which the presence ofLLRW contamination can be identified. By cleaning up the four contaminants associated with Eldorado waste, other contaminants of potential concem in the LLR W will also be captured. Verification will include a complete sweep of COPCs in the LLRW. Criteria for radioactive contaminants in soils are based on a project-applied dose constraint of 0.3 mSv/aabove background. A mSV (milli-Sievert) refers to one- thousandth of a Sievert, a unit of equivalent or effective radiation dose. This dose constraint is considered protective of human health as it represents 30% of the I mSv/a dose limit set by the CNSC for the protection of members of the public. The dose constraint provides a target for deriving radionuclide concentration criteria for soil. In addition to specific regulatory requirements, the LLRWMO is committed to cleaning up the site to an As Low As Reasonably Achievable ("ALARA") condition, social and environmental factors taken into account. Cleanup of soils to meet the criteria will almost certainly result in incremental doses that are much below 0.3 mSv/a, and will generally approach zero because the excavated soils will be replaced with clean fill. Staff and the Peer Review Team have also reached agreement with the LLRWMO that additional soils that are below criteria will be removed, where practical and necessary, enhancing the cleanup. For non-radioactive COPCs, the recommended criteria for soils affected by LLRW are generally determined on the basis of the Ontario Ministry of the Environment (MOE) generic soil standards for residential land use as provided in Soil, Ground Water and Sediment Standards for Use Under Part XV.I of the Environmental Protection Act. In locations where constraints will prevent residential development from occurring in the Peer Review Team Conclusions - Cleanup Criteria Page 4 618 future (e.g., the proposed long term waste management facility site in Port Granby), the MaE generic soil standards for industrial /commerciallanduse will apply. Based on the considerations discussed above, the cleanup criteria will ensure that: . The remediated sites (the Long-Term Waste Management Facility site and the Port Granby Waste Management Facility site) will be safe for recreational use and safe for non-human biota; . They are consistent with Council's objective that the sites could be used for passive recreational uses; . Volumes of material to be moved would not be unnecessarily excessive, minimizing impact on the local community such as in terms of construction time and transportation; and . Council's objective of keeping the impact on the local community to a minimum would be met. The proposed soil criteria for radioactive and non-radioactive COPCs are based on a detailed scientific information base developed by the Ministry of the Environment and the LLRWMO and are considered protective of both human and ecological receptors. Table 1 provides Proposed Criteria for certain primary Contaminants of Potential Concern in Soil for key radioactive contaminants (radium-226 and thorium-230), uranium and arsenic for circumstances where development constraints will apply, such as will occur at the existing Port Granby Waste Management Facility. The cleanup criteria document provides comprehensive tables of cleanup criteria for radioactive and non- radioactive COPCs required for Port Granby including soil, groundwater and surface water, radon and criteria for decontamination of contaminated objects and materials encountered in the project. Radium 226 (Bq/g) Thorium 230 (Bq!g) Arsenic rn Uranium (pprn) 0.92 (above background) 4.62 (above background) 40 76 Note: Bq signifies a standard international unit of radioactivity equal to one radioactive disintegration per second. The remediation of any groundwater contamination in Port Granby will be accomplished by the removal of the contaminated soils (the source of the groundwater contamination) and natural attenuation. Contaminated groundwater will be treated during remediation Peer Review Team Conclusions - Cleanup Criteria Page 5 619 where the contaminated soils are located below the water table. The Port Granby site will need to be monitored however over a number of decades to confirm that flushing of contaminants is adequately achieved and any restrictions on groundwater use can be removed. At the existing Port Granby site, the foreseeable use is recreational. The peer review team acknowledges that cleanup to residential criteria or background levels is not necessary for this site which would result in larger community impacts in terms of construction and transportation. The cleanup of the existing Waste Management Facility involves the excavation and relocation of approximately 430,000 m3 of waste. After being cleaned up it will take several decades for contamination to dissipate or flush from the groundwater at the existing Waste Management Facility following the removal of this waste, during which time some uses of the site will be restricted. The site will continue to be under the control of the Government of Canada even after the cleanup has oCcurred. Because the LLRWMO is excavating and relocating the waste at the existing Waste Management Facility to the Long Term Waste Management Facility, it does not intend to stabilize the shoreline at the existing site. Depending on the rate of regression of the bluffs, there may be exposure to contaminants in soils that are left in place after the cleanup is done., While there will continue to be limited access to the bluffs, and minimal opportunities for exposure to these soils, the MPRT expects to see further analysis to confirm that there is no health risk to individuals who are walking along the bluffs. As suggested above, this analysis should occur before the remedial work is undertaken since the outcome of such analysis could influence measures taken for the long term monitoring of the bluffs. Supporting Documents for Cleanup Criteria The LLR WMO is preparing a series of supporting documents for the Cleanup Criteria Document that provide additional details about how all of the Port Hope Area Initiative sites including the Port Granby site will be remediated. These documents include: . Waste Excavation Management Plans, which outline the methodology for remediating the site, including mitigation and monitoring measures . . Application of ALARA, which describes the decision-making process to extend remediation beyond safe residual levels . Environmental Management Plans for avoiding or minimizing impacts to air I water I soil at each site and for monitoring for COPCs . Property files, which describe the results of the physical survey, gamma radiation survey, contamination survey, and indoor radon analysis. Pur Review Team Conclusions - Ckanup Criteria Page 6 620 . Operational Criteria, which establish concentrations of contaminant limits to workers and the public at the Long Term Waste Management Facilities and excavation sites . Verification Methodology, which involves a resurvey scrt;ening of properties and a statistical review of residual concentrations on completion of remediation . Outline of municipal and community monitoring I oversight in the cleanup process. Key Accomplishments from the Peer Review and Municipal Involvement The peer review of the draft documents and discussions with the LLR WMO have resulted in a better Understanding of the federal government approach and municipal requirements pertaining to cleanup criteria. The review was conducted over a period of two years and entailed a review of a number of research documents and regulatory standards and technical sessions with the LLRWMO culminating in a Comment Disposition Form ("CD Form"). The CD Form documents the detailed discussions arid agreements (Attachment 2). Next Steps The LLRWMO is preparing various supporting documents discussed above which will address how the cleanup criteria are to be applied. The Peer Review Team will review these documents when they are available over the next few months to ensure that the application ofthe criteria will be consistent with the Principles and review any special circumstances and Municipal consideration required with regard to the application of the criteria. Key Conclusions of the Peer Review The LLRWMO has finalized the cleanup criteria for the Port Hope Area Initiative, including the existing Port Granby Waste Management Facility. These criteria are proposed for guiding remediation work with respect to radioactive and non-radioactive contaminants of potential concern in soil, ground water and surface water at the contaminated sites: The Peer Review Team is satisfied that the criteria proposed are protective of human and ecological receptors and are compatible with an end use that permits recreational uses. The peer review team concludes, based on its review of the Cleanup Criteria Document and discussions with the LLRWMO that the document and the cleanup criteria proposed therein for the Port Granby site are appropriate and consistent with the Council objectives and the Principles. The Peer Review Team is satisfied that the extent of remediation (i.e. Peer Review Team Conclusions - Cleanup Criteria Page 7 621 special circumstances consideration) is adequate in meeting Council objectives and Principles and minimizing community impacts from construction and transportation. Taking into account special circumstances and provisions pertaining to the Long-Term Waste Management Facility and the existing Port Granby Waste Management Facility site, these sites will be cleaned up to allow current and foreseeable uses consistent with their anticipated end use and long-term care and control. Peer Review Team Conclusions - Cleanup Criteria Page 8 622 AIfI Pone- PRoJECT September 2006 Cleanup Process: From Principles to Practice rhe Govemmeltt of Canada and the municipalities are committed to the long-tem. protection of the eltl'lronmt!llt and the ',ealth and safety of the residents of Clarington and Port Hope. Under the Port Hope Area Initiative, historic low-level radioactive waste management facilities and all properties contamioated with low-level radioactive waste as a result of historic radium and uranium processing operations io Port Hope will be cleaned up. The waste and contamioated soils will be safely managed io new long-term above-ground mound facilities for hundreds of years. Existiog low-level radioactive waste management facilities io both Port Hope and Clariogton will be relocated and safely managed io new facilities for hundreds of years ioto the future. The clean-up and loeallong-term management of historic low-level radioactive waste now found io the Municipalities of Clariogton and Port Hope was addressed io a legal agreement fmalized io March 200 I, between Canada and the municipalities. As part of the Port Hope Area Initiative, the Low-Level Radioactive Waste Management Office (LLRWMO) has undertaken detailed environmental studies of the proposed Port Granby and Port Hope Long-Term Low-Level Radioactive Waste Management Projects, on behalf of the federal government. Criteria for the clean-up of contamioated sites are fundamental to the Port Hope Area Initiative. These criteria address the question, "When is a property clean?ll Priociples to guide the cleanup proeess were developed joiotly by the municipalities and the federal government. The Priociples recognize the ioherent differences io the Port Hope and Clariogton projects and consider the "special circumstances" related to the proposed new above-ground mound facility io Clariogton and the potential future uses of the existiog Port Granby Waste Management Facility once remediation is complete. The purpose of the Port Granby Long-Term Low-Level Radioactive Waste Management Project is to clean up and provide appropriate, safe, local long-term managememfor historic low-level radioactive waste and contaminated soils in the Municipality ofClarington. WHAT ARE CLEANUP CRITERIA? Criteria are requirements that direct the clean-up of radioactive and non-radioactive contamioants of potential concern (COPCs) found io low-level radio- active waste and soil, io harbour sediments, io water and groundwater. Criteria also apply to radon levels in houses. The COPCs present io low-level radioactive waste io the Port Hope area are all natural elements in soils, therefore the term "contaminant" only applies at concentrations above criteria considered to be safe for humans and the environment. Contaminants associ- ated with low-level radioactive waste are mainly radium-226, thorium-230, uranium and arsenic. Cleanup (excavation) will meet or go beyond these criteriato ensure the long-term safety of the public and the environment. Low-Level Rad"wactiveWa5te ManagernentOfflce .*. Ressources naturelles Canada NalwaI Resources Canada ~ AECL F.A(L N' ~~ ..=t3'.. Canada 623 September 2006 Doing the clean-up right, once andfor aU... Principles to Guide the Process The following Principles set the direction for development of the clea"..up criteria. The Principles /tave been developed Ihrough consullation wil111he municipalilies and Ihe public. The Principles shull be considered to be comprehensIve, mutuaUJI reinforcing, and intentionally linked. No individual principle may be considered septJrately. General Princinles . Properties contaminated with historic low-level radioactive waste shall be cleaned up to permit full enjoyment and use of these properties. Such uses include vegetable gardens, play areas, recreational uses and home construction. . Cleaned up properties can be used for all current and foreseeable unrestricted uses. Future land uses can be anticipated for most properties within the scope of the Port Hope Area Initiative. Examples are small-scale properties, municipal properties, the Centre Pier, Port Hope landfill and inner harbour. . The Legal Agreement shall be adhered to througbout the development and application of clean-up criteria for the Port Hope Area Initiative. Performance criteria, approval process and methodologies are defined in the legal agreement (Article 3 and Schedule 2) between the municipalities and the federal government (March 2001). . Clean-up criteria shall meet or exceed the requirements of Canadian regulators (e.g., Canadian Nuclear Safety Commission, Ontario Ministry of Environment, etc.). Development of clean-up criteria will follow the direction provided by applicable international, national and provincial standards (International Atomic Energy Agency, International Commission on Radiological Protection, Health Canada, Canadian Council of Ministers of the Environment are examples). . Consultation with the pu blie, the municipalities, and federal and provincial agencies shall be conducted during the development of clean-up criteria. . Clean-up criteria shall consider all pathways to human health and the environment. Cootaminants in air, water, soil and other environmental media will be considered when developing clean-up criteria Special Circumstanees Under the general principles, special circumstances shall be considered, for example: =} Specific cleanup criteria will be developed to reflect anticipated (foreseeable) future land uses for certain properties within the scope of the Port Hope Area Initiative, including the existing Port Granby and Welcome Waste Management sites, the Centre Pier, inner harbour and the Port Hope landfill and certain roadways. These specific clean-up criteria shall be developed in accordance with the recommended end-use (e.g. passive/active recreational, no residential, etc.) =} Clean-up criteria for the inner basin of the Port Hope harbour will be developed so that future dredging activities will not be affected by historic low-level radioactive waste. The harbour clean-up should alleviate any concern among the public about use of the harbour and during future dredging no special care shall be required to address historic low- level radioactive waste in the dredged material. =} Clean-up criteria shall reflect special groundwater circumstances. The completion of the clean-up at some sites (for example, the existing Port Granby facility site in Clarington and the Highland Drive landfill and Highland Drive South Ravine in Port Hope) could require continued environmental monitoring and treatment of groundwater for a period of time before conditions are such that the foreseeable unrestricted use for a particular site would come into effect. =} The Port Hope and Port Granby Long-Term Waste Mauagement Facilities shall continue to be monitored and will remain under the care and control of Canada for the long-term (Le. hundreds of years). Design and development of these new long term waste management facilities will focus on community defmed end-uses. =} Designated industrial waste in Port Hope will be cleaned up in accordance with Schedule I Part B of the legal agreement between Canada and the municipalities. 624 Cl!Jlillgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, October 2,2006 Report#: PSD-107-06 File No's: A2006-0016, A2006-0029 and A2006-0030 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 14, 2006. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-107-06 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on September 14, 2006 for applications A2006-0016, A2006-0029, and A2006-0030 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services 'Reviewed bY:O ;.-e--e.J2 - ~ Franklin Wu, Chief Administrative Officer PW/CP/DC/sh/df 22September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 625 REPORT NO.: PSD-107-06 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. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JULY 20, AUGUST 3 AND AUGUST 17 2006 tember 14, 2006 A2006-0016 A2006-0029 A2006-0030 Tabled A rove A rove licant 1.2 Application A2006-0016 was filed to permit the construction of an above-ground swimming pool within the Environmental Protection (EP) zone. Committee had earlier approved a variance for this property to permit the expansion and reconstruction of a legal non-conforming detached garage (original decision dated May 11, 2006). The variance was amended to include the construction of an above ground swimming pool in an Environmentally Protected (EP) Zone which was discovered during investigation into the original variance request. This second part of the variance was then tabled on May 11 for a period of three (3) months to give time for the applicant to discuss the matter with Planning Staff. The variance was scheduled to be reheard on September 14, 2006. The signage and mail-out notice for the September 14, 2006 meeting, were not distributed in conformity with the Planning Act. Staff,. therefore, requested that Committee TABLE the application until the next meeting to be held on September 28, 2006. 1.3 Application 2006-0029 was filed to permit the expansion of an existing legal non- conforming building by permitting a 16.8 m2 (180 tr) addition to the primary dwelling. The applicant's home lies on the flood plain of the Foster Creek meaning the home is completely within an Environmentally Protected (EP) Zone. The purpose of the variance was to allow the expansion of an existing 10' x 14' room into a 16' x 20' room. None of the commenting agencies had any objections to the expansion. 1.4 Application A2006-0030 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 8 metres to 6 metres. 626 REPORT NO.: PSD-107-06 PAGE 3 Prior to the meeting, it was brought to Staffs attention that the applicant had not legally taken possession of the property prior to submitting his application for minor variance. The applicant was advised to bring authorization from the owner to the Committee meeting in order to legitimize his application. Being unable to provide a copy of such authorization the applicant requested that his application be tabled to the next available meeting. This request was approved by Committee. 2.0 COMMENTS 2.1 Staff has reviewed the Committee's decisions and are satisfied that applications A2006- 0016, A2006-0029, and A2006-0030 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2006-0016, A2006-0029, and A2006-0030, is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 627 Attachment 1 To Report PSD-107-06 Cl!J!!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJU5TMENT APPLICANT: OWNER: BERNIE KATONA BERNIE KATONA PROPERTY LOCATION: 14 ANN STREET, BOWMANVILLE PART LOT 11, CONCESSION 1. FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0016 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ABOVE-GROUND SWIMMING POOL WITHIN AN ENVIRONMENTAL PROTECTION (EP) ZONE. DECISION OF COMMITTEE: TO TABLE THIS APPLICATION UNITL SEPTEMBER 28,2006. DATE OF DECISION: September 14, 2006 LAST DAY OF APPEAL: October 4,2006 628 . .1 :.. ClwJggron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHEILA PETHICK WENDY COUCH PROPERTY LOCATION: 68 NORTH STREET, NEWCASTLE VILLAGE PART LOT 29, CONCESSION 2 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2006-0029 PURPOSE: TO PERMIT THE EXPANSION OF AN EXISTING LEGAL NON-CONFORMING BUILDING BY PERMITTING A 16.8 M2 (180 FT2) ADDITION TO THE PRIMARY DWELLING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR SUBJECT TO STAFF BEING NOTIFIED THAT ALL GRCA CONDITIONS HAVE BEEN MET. DATE OF DECISION: September 14, 2006 LAST DAY OF APPEAL: October 4, 2006 629 .~.. CI!J!mgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: OVIDIO SBRISSA ARCHITECT INC GREG POTTER PROPERTY LOCATION: 132 COVE ROAD, BOWMANVILLE PART LOT, CONCESSION FORMER TOWN (SHIP) OF BOWMANVILLE A2006-0030 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 8 METRES TO 6 METRES. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL OCTOBER 12,2006. DATE OF DECISION: September 14, 2006 LAST DAY OF APPEAL: October 4, 2006 B30 Clw:il1gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 2, 2006 Report #: PSD-108-06 File #: ZBA 2006-0025 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: CCCC GLEN ABBEY LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-108-06 be received; 2. THAT the application submitted by CCCC Glen Abbey Limited to remove the Holding (H) symbol be APPROVED for Parts 1-6 on Plan 40R-24278, the Amenity Centre in the Port of Newcastle development; 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: U ~-~ Da Creme, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer JW/CPIDJC/df 22 September, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 631 REPORT NO.: PSD-108-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 1.2 1.3 Applicant: Rezoning: Location: CCCC Glen Abbey Limited Removal of "Holding (H)" symbol Part of Lot 28, BFC, former Township of Clarke (Attachment 1) 2.0 BACKGROUND 2.1 On September 19th, 2006, Staff received an application from CCCC Glen Abbey Limited for the removal of the "Holding (H)" symbol on Parts 1 to 6 as shown on 40R-24278. Removal of the holding symbol will permit the construction of the Club House/Amenity Centre building for the Port of Newcastle development. 3.0 STAFF COMMENTS 3.1 Site Plan Approval was granted on April 7, 2006, and the applicant has entered into a development. agreement with the Municipality. Provisions within the agreement require the developer to ensure that sufficient financial guarantees are provided to the Municipality for the completion of all works on the site. 3.2 The subject property is presently zoned "Holding-General Commercial Exception ((H) C1-23)". Policies within the Municipality's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: . Services and municipal works; . Measures to protect natural area; . Measures to mitigate the impact of development; . Submission of technical studies; . Execution of appropriate agreements; and/or . Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: . The development is consistent with the orderly and phased development of the Municipality; . The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard, and; 632 REPORT NO.: PSD-10B-06 PAGE 3 . The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan have been satisfied. 3.3 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 3.4 The Finance Department has advised that taxes on the site are current. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of "Holding (H)" symbol List of interested parties to be advised of Council's decision: Kelvin Whalen, The Kaitlin Group Ltd. 633 Attachment 1 To Report PSD-108-06 ~ I - Q. to :& c 0 ;: to U 0 ...J ~ It s e 8 II. . w := z w o ~ - ~ <( A=.4 ..387. 30N3^ 'tJ A'tJMdIHS o ~ r--., I- 2 W :E _ C gj 11)2; NW_ O:E 0 C?cC:I: ~3:o OSiii N . > ~ ~ ~ r:a C) CD N2~ Z 2 ~ j ~ c CD a u u u u ;.: CD C ~ 634 Attachment 2 To Report PSD-108-06 CORPORATION OF THE MUNICIPALllY OF CLARINGTON BY-LAW NO. 2006- being a By-law to amend By-law 84-63, the Comprehensive Zoning By,law for I the Corporation of the former Town of Newcastle I WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2006-0025; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "5" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: "Holding-General Commercial Exception ((H) C1-23)" to "General Commercial Exception (C1-23)" 2. Schedule "A" attached hereto shall form part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY -LAW 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 635 This is Schedule "A" to By-law 2006- , passed this day of . 2006 A.D. '" [ ] id [Ii! ] [ .7 ~ Zoning Change From "(H)C1-23" To "C1-23" w ~ z ~ >- ~ II. % II) [ ] John Mutton. Mayor Patti L. Barrie. Municipal Clerk 636 Cl!J!mgron REPORT PLANNING 3ERVICES Meeting: General Purpose and Administration Committee Meeting Date: Monday, October 2, 2006 Report #: PSD-109-06 . File #': 18T-89059, S-C-20001001 and ZBA 2006-0015 By-law #: Subject AMENDMENT TO FOSTER NORTH NEIGHBOURHOOD DESIGN PLAN PROPOSED AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISIONS AND RELATED REZONING APPLICANT: FOSTER CREEK DEVELOPMENTS, 2083302 ONTARIO LIMITED AND ROBERT J. STEPHENSON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-109-06 be received; 2. THAT the revised Foster North Neighbourhood Design Plan bounded by the Foster Creek Valleylands, King Avenue West, Rudell Road and the St. Lawrence & Hudson (Canadian Pacific) Railway be received; 3. THAT the application for the proposed Amendment to Draft Approved Plans of Subdivision 18T-89059 and S-C-20001001 and related Zoning By-law Amendment, submitted by Foster Creek Developments, 2083302 Ontario Limited, and Robert J. Stephenson be APPROVED as per Attachment 2, subject to the conditions of Draft Approval, as contained in Attachment 3; 4. THAT the application for Zoning By-law Amendment, submitted by Foster Creek Developments, 2083302 Ontario Limited, and Robert J. Stephenson be APPROVED as per Attachment 4; 637 REPORT NO.: PSD-109-06 PAGE 2 5. THAT the Mayor and Clerk be authorized by By-law to enter into an agreement with the Owners and the By-law be forwarded to Council at such time the Owners are prepared to proceed with this development; 6. THAT a By-law to remove the "Holding (H)" Symbol be forwarded to Council at such time as the Owners have entered into a subdivision agreement with the Municipality; 7. THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and 8. THAT all interested parties listed in this Report and any delegations be advised of Council's decision. Submitted by: \~ /,.....,. Reviewed by: C) ) - <<;"'L^-..J '<. D i . Crome, M.C.I.P., R.P.P. Franklin Wu Director, Planning Services Chief Administrative Officer BRlCP/DJC/dfljd 27 September 2006 CORPORA nON OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 638 REPORT NO.: PSD-109-06 PAGE 3 1.0 APPLICATION DETAILS 1.1 Applicants: FosterCreek Developments, 2083302 Ontario Limited, and Robert J. Stephenson 1.2 Proposed Amendment to Draft Approved Plan of Subdivision: Total units 15 m sin Ie detached 13.5 sin Ie detached 12 sin Ie detached 10 sin Ie detached 9.0 link dwellin On-street townhouse units Medium densit units Elementa School Nei hbourhood Park Stormwwater Pond o n S ace Lands 540 389 39 20 o 4 6 82 2.43 ha 2.16 ha 1.26 ha 5.03 ha 665 145 o 211 224 o o .85 2.43 ha 2.21 ha 1.26 ha 5.06 ha 1.3 Rezoning: Appropriate to permit the Proposed Amended Plan of Subdivision 1.4 Plan Area: 49.99 hectares (123.52 acres) 1.5 Location: The subject lands are generally located west of Foster Creek, south of the St. Lawrence & Hudson Railway, east of the alignment of Rudell Road and north of Given Road 2.0 BACKGROUND 2.1 On May 2, 2006, the Planning Services Department received from Foster Creek Developments, 2083302 Ontario Limited, and Robert J. Stephenson, the subject applications to amend the Draft Approved Plan and the Zoning By-law. 2.2 The subject applications deal with two draft approved plans of subdivision. The larger draft plan of subdivision - 18T-89059 was draft approved for 501 units on March 24, 2004. It surrounds the smaller draft plan of subdivision S-C-2000-001 which was draft approved for 39 units on March 26, 2004. The proposed Amended Draft Approved Plan for 18T~89059 incorporates the area of Draft Approved Plan S-C-2000-001. 2.3 The proposed Draft Plan of Subdivision was submitted May 2, 2006, and circulated to agencies. It initially proposed a total of 702 units. Following discussions with staff, the proposal was modified. At the pubic meeting September 5 GPA meeting, 639 REPORT NO.: PSD-109-06 PAGE 4 the revised proposal under consideration proposed a total of 676 units. Other minor adjustments to the plan included road realignments, elimination of the walkway east of the park and the increase in the frontage of the park from 10 metres to 16 metres on Street "K". Following the public meeting the proposed draft plan was further revised to address some of the concerns raised at the meeting. All on-street townhouse units were eliminated and replaced with 10 metre and 12 metre minimum frontage single detached dwelling lots. The application now proposes a total of 665 units. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands are mostly agricultural with some of the land being vacant. One dwelling is located on the subject lands. 3.2 The surrounding land uses are as follows: North: St. Lawrence & Hudson Railway and Highway 35/115 and beyond, rural, mostly agricultural lands. South: A nursing home and existing single detached dwellings. East: Foster Creek and existing single detached dwellings on North Street and Remi Court. West: Two dwellings arid agricultural lands. Rudell Road is only partially opened along the west property limit. 4.0 PROVINCIAL POLICY STATEMENT 4.1 The policies of the Provincial Policy Statement (PPS) consider Newcastle Village a settlement area. Settlement areas shall be the focus of growth. Land use patterns within settlement areas shall be based on densities and a mix of land uses which efficiently use land and resources, infrastructure and public service facilities. The housing policies of the PPS require the Municipality to maintain, at all times, the ability to accommodate residential growth for a minimum 10 years through lands designated for residential use and/or redevelopmentlintensification opportunities; as well as land with servicing capacity sufficient to provide at least a 3 year supply through draft approved/registered subdivision plans and/or lands that can facilitate redevelopment/intensification. The PPS states that planning authorities shall support energy efficiency and improved air quality. The proposed revised plan of subdivision is consistent with the PPS. 640 REPORT NO.: PSD-109-06 PAGE 5 5.0 OFFICIAL PLAN CONFORMITY 5.1 Durham Reaional Official Plan The lands are designated as Living Area and Major Open Space. The Living Area designation permits the development of communities with defined boundaries, incorporating the widest possible variety of housing sizes, types and tenure. The Major Open Space designation incorporates the Foster Creek valley lands. These lands are not proposed for development. The applications conform. 5.2 Clarinaton Official Plan The lands are designated Urban Residential Area and Environmental Protection Area in the Newcastle Village Urban Area. The lands are within the Foster Neighbourhood. The north-east portion has an approved Neighbourhood Design Plan in accordance with Council-adopted policies. Medium density residential symbols are at the northeast corner of the King Avenue West and Rudell Road intersection and northwest of where Foster Creek intersects with King Avenue West. The lands also contain a public elementary school and a neighbourhood park designation. An east - west collector road is designated from Regional Road 17 to west of Rudell Road. This will form a continuation of the existing Grady Drive across the Foster Creek providing access to the neighbourhood other than from King Ave. North - south collector roads are designated from King Avenue West at both Rudell Road and the extension of Massey Drive. The Foster Creek valley is designated Environmental Protection and is identified as a significant valleyland. An Environmental Impact Study was undertaken previously and this development does not negatively impact the environment. The applications conform. 6.0 FOSTER NORTH NEIGHBOURHOOD CONCEPT PLAN 6.1 Council considered the Foster North Neighbourhood Design Plan prior to draft approval of the original plans of subdivision. The plan was approved for the area bounded by Rudell Road to the west, Highway 35/115 and the railway to the north, the Foster Creek Valley to the east and King Avenue to the south. The current amendment to draft approval and rezoning requires amendments to the Plan in terms of number of units, lot location and street pattern. The plan contained in Attachment 2 is the revised neighbourhood design plan which will be approved by the Director of Planning Services and the Director of Engineering Services. 641 REPORT NO.: PSD-109-06 PAGE 6 7.0 ZONING BY-LAW COMPLIANCE 7.1 Within Comprehensive Zoning By-law 84-63, the lands are zoned to implement the two previously approved draft plans of subdivision. Revisions, as envisioned in the proposed amended draft plan of subdivision plan, necessitate some revisions to the zoning for the subject lands, hence, the rezoning application. 8.0 PUBLIC SUBMISSIONS 8.1 Public Meetina and Resident Issues 8.1.1 A Public Meeting for the Rezoning and proposed Amendment to Draft Approved Plan of Subdivision was held on September 5, 2006. Nine (9) objectors spoke at the meeting. The first objector filed CI petition signed by area residents in opposition to the Grady Drive bridge and related extension of Grady Drive. Other issues highlighted included increased traffic volumes and noise, potential accidents at the intersection and impact of the bridge construction. Other issues raised during the public meeting included: . Increased traffic including along Grady Drive extension . traffic "shortcutting" . road improvements anticipated to be required at Grady Drive as it intersects with Manvers Road and North Street . environmental impacts on Foster Creek . smaller lot sizes in the subdivision . loss of "Village appeal" . loss of farmland . "bridge" becoming a "hang-out" and being subjected to graffiti . maintenance of municipal infrastructure . "lack of sidewalks" on North Street . stormwater management pond monitoring and maintenance 8.1.2 One resident stated she had not received notification. That resident lives 220 metres from the closest point in the subject lands, outside of the 120 metre notification area. However, for this reason, signs were posted on the property to provide additional notification. 8.1.3 One resident inquired, over the phone, whether there would be fencing at the east end of the property by the Foster Creek valley lands. They were advised of the Municipality's requirement for a 1.2 metre (4 foot) chain link fence along the rear yards of new residential properties. 642 REPORT NO.: PSD-109-06 PAGE 7 8.1.4 One letter of objection was received from a resident stating concern with Grady Drive, the bridge and the extension, the traffic flows they would create, and the need they would create for traffic signals at the North StreeUK,ng Avenue West and the Grady Drive IManvers Road intersections. 8.2 Public Information Centre 8.2.1 A public information centre was held on Tuesday September 19, 2006 at 7:00 p.m. in the Newcastle Community Hall. Approximately 50 people attended the meeting. Staff provided an overview of the application as revised, as well as an overview of the Clarington Official land use designation and transportation requirements for the subject lands. 8.2.2 At the Public Information Centre, a number of issues were raised. Paramount was the question of traffic impacts, particularly on the existing Grady Drive, North Street and Manvers Road. The King Avenue WesUNorth Street intersection was widely considered to be already dangerous, particularly with the intersection sight lines and the nearby GO bus stop. Some residents asserted, parking violations are common in the area, and if By-Law Enforcement cannot keep up with existing problems now what will they do when this subdivision is built? There was much criticism of the proposed amendment's additional 125 units and the related smaller lot areas and frontages. There were concerns that there would not be real architectural controls in place and that smaller lots were not part of the character and identity of Newcastle Village. The reduction in 15 metre lots from the 2004 draft approved plans was strongly opposed. Claims were made that Newcastle Village lacked the infrastructure to support such a development given that it has a volunteer fire department and existing roads tha~ will have to be upgraded including the addition of sidewalks on streets such as North. The proposal was also considered by some to be detrimental to existing property values. In short, it appeared the large majority of attendees would accept only the draft approved plan. 9.0 AGENCY COMMENTS 9.1 The applications were circulated to various agencies and other departments by Planning Services. 643 REPORT NO.: PSD-109-06 PAGE 8 9.2 Veridian Connections noted electricity is available on King Avenue West and extensions to the subject lands are to be underground. Existing Veridian infrastructure on Rudell and Given Roads may have to be relocated/replaced at the Applicant's cost, and the Applicant must obtain the Corporation's specific approval for the electric service arrangements which includes the signing of a construction agreement. Other comments were the granting of a standard occupation easement, registered on title, for switchgear; and warning to provide for construction worker safety and the security of the electrical system. Veridian Connections has no objection to the proposed development but electrical drawings are required six months before the electrical servicing date, and if the development is constructed in phases, then an overall servicing plan must be prepared to identify future servicing. 9.3 Emergency & Fire Services noted turning access is to be provided for dead-end streets greater than 90 metres. 9.4 The comments of Clarington Engineering Services are summarized as follows: 9.4.1 Phasina Plan A revised phasing plan will be required from the Owner.. The revised phasing plan must address the existing dwellings on Given Road, and demonstrate how the various road accesses to each property will be accommodated at each phase of development. 9.4.2 Street A (Massev Drive Extension) The intersection of King Avenue West and Street 'A' (Massey Drive Extension) must be reconstructed including the installation of traffic signals prior to the issuance of any building permits within that phase of the proposed development that requires access via the Massey Drive extension. 9.4.3 Gradv Drive Extension The future phase, which requires the construction of the Grady Drive Bridge, cannot proceed until the Municipality has approved the expenditure of funds for the construction of the crossing. 9.4.4 Rudell Road A portion of Rudell Road is an unopened road allowance. The portion located south of Grady Drive extension is designated as a collector street in the Official Plan. The applicant will be responsible for 50% of the cost of Rudell Road infrastructure to a municipal local standard for the length which provides frontage to the lots on Rudell Road. The phase of the development which requires access from Rudell cannot proceed until the Municipality has approved the 644 REPORT NO.: PSD-109-06 PAGE 9 expenditure of funds for the construction of Rudell Road. Should the development proceed prior to the approval of funds by the Municipality the developer will be responsible for 100% of the cost of the construction of Rudell Road. The Owner must provide a functional plan that accommodates future traffic signals at the above intersection. . The west side of Rudell Road must be fully serviced with water, sanitary sewer and storm sewer for any future lots which may front onto this street, and any other streets that may intersect with this street must be "stubbed" for water, sanitary sewer and storm sewer to the satisfaction of the Director of Engineering Services. 9.4.5 Given Road The ultimate development scenario may see portions of Given Road legally closed in the future and conveyed into private ownership. It will be necessary to resolve numerous issues pertaining to Given Road prior to final approval for development. Any proposed road closures must be'approved by Council. The applicant will be responsible for 100% of all costs, financial and otherwise, needed to meet this requirement. The subject development will necessitate the physical closure of Given Road at Street 'A' (Massey Drive Extension) to create a cul-de-sac. Any portions of Given Road that are designated to remain open as a travelled road may require upgrades or improvements. 9.4.6 Westerlv Townhouse Block 581 No development of Block 581 or other adjacent land will be permitted until such time as the applicant has acquired all of the lands necessary for the entire medium density development. The townhouse blocks must be developed with private intemal road accesses. 9.4.7 Stormwater ManaQement The Owner must submit a stormwater management implementation plan which provides for the ultimate development of the development's west end. The Owner agrees that stormwater drainage works and facilities necessary for this development must be constructed in accordance with the Foster Creek Subwatershed Planning Study, dated March 2001, The Owner will be responsible for 100% of the cost stormwater management facilities and a monitoring and maintenance program for same facilities. 9.5 The Public School Board requests the school site remain as a 6 acre lot and that it is understood the adjacent lot is for a 5 acre park. 645 REPORT NO.: PSD-109-06 PAGE 10 9.6 The Ganaraska Region Conservation Authority noted they had conditions of draft approval. They included: that prior to final approval and to any site grading taking place, the Owner must prepare a detailed Storm water Management Report in accordance with the Foster Creek Subwatershed Planning Study and the 2003 MOE Stormwater Management Planning and Design Manual, to the satisfaction of the Authority; the Owner must detail in a report the means whereby erosion and siltation will be minimized and contained on site both during and after the construction period, to the satisfaction of the Authority; the Owner must prepare an Environmental Assessment to assess potential hydrological and biological impacts of the west pond draining to a tributary of Wilmot Creek and develop mitigative measures, monitoring requirements and potentially, compensatory works, to the satisfaction of the Authority; the Owner shall agree in the subdivision agreement to implement the recommendations and measures contained within the above reports and study; the Owner shall agree in the subdivision agreement to maintain all erosion and siltation control devices in good repair during construction, in a manner satisfactory to the Authority; and the Owner shall obtain all necessary Authority permits. 9.7 The Separate School Board noted they operate St. Francis of Assisi Elementary School on Rudell Road South and that many of the subdivision's future residents will utilize the school and therefore, the Board requires accessible sidewalks with curb cuts be constructed on at least one side of each new street. 9.8 Durham Region comments note requirements for archaeological resources preservation, a revised acoustic report, and site contamination clearance including the requirement for a Record of Site Condition (RSC). The subject lands can be serviced by connection to the existing watermains on King Avenue West, Massey Drive and Rudell Road. A 400mm watermain will be required through the subject lands from the existing 400mm watermain on King Avenue West at the east limit of the Plan to the existing 200mm watermain at the Rudell Road/King Avenue West intersection. A minimum 6m wide easement will be required through proposed Block 582 for the required 400mm watermain. Remaining watermains within the development are to be sized to meet maximum day flows and fire protection. A minimum 300mm watermain will be required to service institutional and commercial land uses. The Foster Creek trunk sewer system is under construction on Edward, Church, Baldwin and North Streets and when completed reserve capacity will be available for the subject lands. The development must connect to the existing 300mm sanitary sewer on King Avenue West, to the west of Foster Creek. A small area in the southwest quadrant is tributary to the Rudell Road sanitary sewer and this area must be minimized with reasonable sewer depths draining to the Foster Creek trunk sewer system. The subject lands may be dependent upon a further extension of the Foster Creek trunk sanitary sewer southwesterly from Highway 401 to the 646 REPORT NO.: PSD-109-06 PAGE 11 existing Wilmot Creek Water Pollution Control Plant. The project is tentatively scheduled for construction from 2011 to 2015 subject to Council approval of the Capital Budget in preceding years. A minimum 9.0 m wide .easement will be required, depending on sewer depth, through Block 582 to service the subject lands with sanitary sewer. The allocation of reserve plant capacity for the development may be required in phases given the development's magnitude and will be allocated through a Durham subdivision servicing agreement. 9.9 The Ministry of Transportation - Ontario (MTO) has confirmed their 2002 comments still apply. The Ministry had two conditions of draft approval: that prior to final approval, the Owner shall submit to the Ministry for approval, a copy of an illumination plan and calculations; and that a 0.3 metre reserve extending across the Highway 35/115 frontage be conveyed by deed to the Ministry. 9.10 Durham Region Transit (DRT) remarked that it does not currently service the area; although future service would likely be on King Avenue West. There will be consideration for the introduction of fixed route service within the development on designated collectors, if necessary to achieve the 400m coverage of DRT service standards; the development of lands abutting King Avenue West should accommodate transit services including bus bays at major intersections; and the public secondary school site plan should have road allowance bus bays for "school specials.. 9.11 St. Lawrence & Hudson (Canadian Pacific) Rail did not comment. 10.0 STAFF COMMENTS 10.1 The current application has been revised several times since its submission in late April. The most recent revision deleted the street townhouses and replaced them with 10 metre and 12 metre single detached lots. The table below shows revisions in terms of the unit type and numbers. ""7([.(;':::",,:;-. "._-..-,' ....,.- '''-~g.ii:;;''"i1>''4~r~~;,' '~-.. . -- "0 -. . h=' "'"'''' _ . '0 A\,;."I.!&!;;'..;>;i. ~""~. _,;:.;:[=~ ~~=--- ~- -- ~---~-- -~~~--~~---.--.~------ --- - - - -- - -- - --- )ilSiF:~?~l~'~I:: i~TIijil ~~~e ~ ~~Wri;"l\-~IV ~~3<,,'~';-~~liJf~~ "- -""-'-...... --- ~ ,";~~& ~"''''''"y~~ v'r~"';::: ~ -..,A, ~,.,,;~<':;~ :.;J!l}1 ~~i: I~~~:~t: ~~9'2.:1.:.:",- ~J:: 15.0 m sin 12.0 m sin 10.0 m sin Street Townhouse Medium Densi Blocks Total Units 141 204 222 28 141 206 216 28 145 211 224 o 107 702 85 676 85 665 647 REPORT NO.: PSD-109-06 PAGE 12 10.2 A primary concem of residents has been the change in the type of single detached dwellings within the draft plan of subdivision. The number of units proposed for this. development is within the housing targets for this Neighbourhood as contained in the Clarington Official Plan. Furthermore, the density is similar to Dunbury development in Newcastle Village, south of King Avenue and east of Mill Street. The residential density for the subject lands is 15.11 units per gross hectare whereas the density of the Dunbury Subdivision at 14.95 units per gross hectare. 10.3 Since the original draft approval of the two plans within the Foster Neighbourhood, the Municipality has acquired land for a Community Park, south of King Ave and west of Rudell Road, also within the Foster neighbourhood. The Municipality acquired more land than was originally planned for the Community Park. Therefore, although the population target for the neighbourhood has not changed, the amount of vacant designated residential land is less than previously expected. This has allowed an increase in the overall density on the vacant residential land in the neighbourhood from that previously approved. 10.4 The revised proposal has a greater variety of lot sizes. Healthy, inclusive communities have a broad range of housing types and tenure opportunity. The increased number of 10 m frontage lots provides greater opportunity for first time home buyers than was originally possible with a plan based on a higher concentration of 15 m frontage lots. The revised proposal also provides for a better use of existing and planned infrastructure consistent with the Provincial Policy Statement and closer to conforming with the Places to Grow Growth Plan. Reducing sprawl and minimizing the loss of agricultural lands requires, as a minimum, building at higher densities. 10.5 Many concerns have been raised about the planned Grady Drive crossing of the Foster Creek. This crossing was contained in the Town of Newcastle Official Plan dating back to the early 1980's. The crossing is shown in the current Clarington Official Plan and the Foster North Neighbourhood Design Plan. A road allowance has been reserved in the existing plan of subdivision which comprises the existing segment of Grady Drive and Remi Court. The crossing was considered and supported through the Foster Creek Subwatershed Study and Environmental Impact Study. From a transportation perspective the crossing is required to link the Foster North Neighbourhood with a north-south collector road and provides alternatives to King Avenue West for future traffic movements. Multiple access points to the lands west of Foster Creek north of King Ave allows traffic to disperse rather than focus on one road. It is also important for students and school buses to access the future school. 10.6 The Owner will be required to pay for a traffic study that will assist in determining appropriate traffic calming measures as well as upgrades and improvements to the existing road network that the development will connect with. The intersection of Manvers Roadl North Street/Grady Drive will be reviewed in this light. In addition traffic signals will be installed where warranted as traffIC from the development 648 REPORT NO.: PSD-109-06 PAGE 13 increases in the area. The ccnditions of draft approval require the developer to seek input from area residents on the results of the traffic study and proposed traffic calming measures at a public information centre. Staff WJJuld participate in this process. 10.7 Residents have expressed concern that approving the proposed development with a reduced number of 15 m frontage lots, from that which was originally draft approved, will take away from the 'Village" character. The village character was not specifically identified beyond lots with larger frontages. However, the residential character of the Newcastle Village which is typically considered most attractive is ccntained in the older part of Newcastle Village, an area defined by grid streets with interesting streetscapes and large trees; houses with varied architectural style; and civic or institutional focal points. Lots that provide a minimum 15 m frontage, but do not have interesting streetscape, large trees and varied architecture and alth9u9h part of the village do not specifically add to the village character. 10.8 Conditions of draft approval require the Owner to submit for approval by the Municipality, in addition to the typical landscape plan, a plan detailing the subdivision's visual themes for the development. In addition, rather than the Municipality's generic architectural design guidelines, the Owner will be responsible for the cost of Architectural Design Guidelines specific to this development which ensure the development is consistent with character of Newcastle Village. These documents will assist in developing the public and private realms of this development to the highest standards and incorporate elements that build on the village character. 10.9 A new condition has been added requiring the developer to prepare an energy management plan addressing the proposed energy conservation features in the development. 10.10 Clarington Finance advises that for the subject lands all taxes have been paid. 11.0 CONCLUSIONS 11.1 The proposal has been reviewed in consideration of the comments received from area residents, the circulated agencies, Provincial Policy, and the Clarington Official Plan. Based on the comments provided in this Report, staff respectfully reccmmend that staff be authorized to approve the modifications to the Foster Creek Neighbourhood Design Plan; that the proposed amendment to draft approved plan of subdivision 18T-89059, which incorporates draft approved plan of subdivision S-C-2000-001, be approved subject to the conditions of draft approval contained in Attachment 3; and the zoning by-law amendment as contained in Attachment 4, be APPROVED. 649 REPORT NO.: PSD-109-06 PAGE 14 11.2 The proposal has been reviewed in consideration of the comments received from area residents, the circulated agencies, the Clarington Official Plan, Zoning By-law 84-63 and the Foster Neighbourhood Design Plan. 11.3 Based on the comments provided in this Report, staff respectfully recommends that the proposed amendment to draft approved plan of subdivision 18T-89059 which incorporates draft approved plan of subdivision S-C-2000-001, the conditions of draft approval contained in Attachment 3 and zoning by-law amendment as contained in Attachment 4, be APPROVED. Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Attachment 4 - Revised Neighbourhood Design Plan Site Location Key Map and Revised Subdivision Plan Revised Conditions of Draft Approval Zoning By-law Amendment Interested parties to be notified of Council's decision: Hannu Halminen Mike Dome Dennis Rudman Wylma Allin Melody Austin-Wood Kevin Tunney David and Pearl Rickard Bill Creamer Grant van Dyken Sherri Farrell Cameron Mountenay Richard Wichett Tracy Howe Jim Barchard Mabel Low Chris Barber Larry Brunt Randy Hancock Dan Sturrock Arlene Malcolm Bob and Daniele Stephenson Peter De Jong Don and Nancy Marks David and Shirley Lee Margaret Maskel Lynn Helpard David Rochon John and Suzanne Tigwell Mr. and Mrs. Verburgh Pete and Ann Thome L. 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The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-89059, prepared by Tunney Planning Inc. identified as project number TUN 562-1, and drawing number DP-4, dated September 2006 as further relined revised, which illustrates 580 single detached dwelling units, two medium density blocks for a total of 85 units, a park block, a school block, open space blocks, road widenings and 0.3 m reserves. FINAL PLAN REQUIREMENTS 3. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 4. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. 5. The Owner shall convey a 6.0 metre road widening, Block 605, across King Avenue West frontage of the draft plan of subdivision to the Region of Durham for the purpose of road widening. 6. The Owner shall convey a 4.0 metre road widening, Block 606, across Given Road frontage east of Street "A" of the draft plan of subdivision to the Municipality of Clarington for the purpose of road widening. 7. The Owner shall terminate any dead ends and/or open sides of road allowances created by this draft plan in 0.3 metre reserve{s) to be conveyed to the MuniCipality of Clarington. 8. The Owner shall convey the 0.3 metre reserve shown as Blocks 601 to 603 inclusive, as well as a 0.3 metre reserve as red lined revised on the draft plan of subdivision north of the Given Road widening to the Municipality of Clarington. 9. That all land dedications, easements, sight triangles and reserves as required by the Municipality for this development must be granted to the Municipality free and clear of all encumbrances and in a form satisfactory to the Municipality's Solicitor. 653 REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT 10. The Owner agrees to prepare a revised phasing plan that will be subject to the approval of the Director of Engineering Services and Director of Planning Services and that Conditions of Draft Approval 11, 12, 18,26,27, 31, 33, 34, 36, 37,43,47 and 57 inclusive, are provided based on the approved version of the above-mentioned phasing plan. A copy of the approved version of the above-mentioned phasing plan shall be provided to the Durham Regional Works Department. 11. The Owner agrees that the Phasing Plan for development must address the existing dwellings on Given Road. The Plan must demonstrate how the various road accesses to each property will be accommodated at each phase of development. 12. The Owner agrees the phasing of this draft plan will be restricted by the number of external road accesses that are available. Full development of the draft plan will require all external accesses to be constructed that a collector road connection shall be constructed for each phase of development prior to issuance of the 1st permit for each phase. The specific lots available for building permits in any single phase of the development will be further reviewed at the engineering stage and shall be at the sole discretion of the Director of Engineering Services. 13. The Owner shall, apply to the Municipality of Clarington and obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 14. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plan shall reflect the design criteria of the Municipality as amended from time to time. 15. The Owner shall submit a deta.i1ed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be r~moved until such time as this program has been approved except as authorized by the Municipality. 16. The Owner shall ensure that Blocks 583 to 594 inclusive and Block 600 are maintained in accordance with Municipal standards until they are either full building lots, exchanged and/or sold to adjacent property owners. 17. The eastern boundary of Block 582 has to be re-aligned to ensure that the straightened boundary represents a balancing of the areas of the land exchanges between "Environmental Protection (EP) Zone" and "Holding-Urban Residential Type Three ((H)R3) Zone". 18. The Owner shall prepare a traffic report to the satisfaction of the Director of Engineering Services and Director of Planning Services that addresses the issue of traffic management, including traffic calming, improvements to existing streets and intersections impacted by the development as a whole and individual phases. The Conditions of Approval- 1ST -89059 Page 2 654 Owner shall be responsible to conduct a public information centre to discuss and obtain input from residents regarding the traffic report and road design. 19. The Owner shall prepare a plan, to the satisfaction of Director of Planning Services and Director of Engineering Services, which details the subdivision's visual themes to enhance the identity of the neighbourhood. This includes upgraded streetscapes, the use of strategically located entrance features, valley land tree planting, and the development of a neighbourhood trail system. 20. The Owner agrees, prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. REQUIREMENTS TO BE INCLUDED IN THE SUBDIVISION AGREEMENT 21. The Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. 22. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 23. The Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 24. The Owner shall provide and install roads, sidewalks, storm sewers, street lights, . temporary turning circles etc. as per the Municipality's standards and criteria. 25. The Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be buried underground. 26. The phase of development which requires the construction of Street "An between King Avenue West and Street "B" cannot proceed until the Owner has acquired the lands for the construction of Street "An between King Avenue West and Given Road. 27. The Owner must ensure the intersection of King Avenue West and Street "An are reconstructed including the installation of traffic signals prior to the issuance of any building permits within that phase of the proposed development that requires access from King Avenue West and Street "An. The Owner will be required to submit a detailed engineering plan for the intersection and the future configuration of Street "A". The south side of the intersection must also be included. The future intersection on Street "A" at King Avenue West will be subject to the approval of the Region of Durham. 28. The road allowance for Street "A" must have a minimum width of 23.0 metres as previously approved. Conditions of Approval-18T-89059 Page 3 655 29. The Owner is responsible for securities (100%) being provided to the Municipality for the land acquisition and road construction to a collector standard for that portion of Street. "A" between King Avenue West and Given Road. 30. Grady Drive must be constructed to a 23m road allowance width. 31. The future phase which requires the construction of the Grady Drive and the crossing of Foster Creek cannot proceed until the Municipality has approved the expenditure of funds for the construction of Grady Drive and its crossing of Foster Creek. 32. The collector street portion of Rudell Road must have a minimum road allowance width of 23.0 metres. A 1.5 metre road widening to be dedicated to the Municipality will be required on Rudell Road between King Avenue West and Grady Drive, as shown on the plan. 33. The phase of the development which requires access from Rudell Road cannot proceed until the Municipality has approved the expenditure of funds for the construction of Rudell Road. 34. This development may proceed at such time the Municipality has approved the expenditure of funds for the construction of Rudell Road from King Avenue West to the St. Lawrence & Hudson (Canadian Pacific) Railway. The Owner will be responsible for 50% of the cost of Rudell Road infrastructure to a municipal local standard for the length which provides frontage to the lots on Rudell Road. The required improvements shall include any sidewalk improvements deemed necessary by the Director of Engineering Services to service and connect to the overall neighbourhood. Should the development proceed prior to the approval of funds by the Municipality the Developer will be responsible for 100% of the cost of the construction of Rudell Road to a collector standard from King Avenue West to Grady Drive. 35. The Owner will be responsible to provide any sight triangles or other lands deemed necessary by the Region of Durham at the intersection of King Avenue West and Rudell Road for the reconstruction of Rudell Road to an urban standard once those lands have been acquired by the Owner. The Owner must provide a functional plan that makes accommodation for the future installation of traffic signals. at the intersection of King Avenue West .and Rudell Road. 36. All portions of Given Road designated for legal closure under the ultimate development scenario must be identified. The Owner must coordinate any road closures that are deemed necessary to facilitate development within the subject neighbourhood. Any proposed road closures must be approved by the Council of the Municipality of Clarington. The Owner will be responsible for application for road closure and 100% of all costs, including land value, financial and otherwise that are necessary to meet this requirement. 37. The subject development will necessitate the physical closure of Given Road at Street "A" during the phase that requires the construction of Street "A" and its intersection with King Avenue West. The Owner will be responsible for 100% of the cost of any works or facilities deemed necessary by the Director of Engineering Services to construct a new dead end of Given Road immediately to the east of the intersection. This work may Conditions of Approval-18T-89059 Page 4 656 include land acquisition, road construction, turning circles, urbanization, storm sewers, drainage work, barricades etc. This work must be completed prior to public access to Street "A", between King Avenue West and Street "F". 38. Any portions of Given Road that are designated to remain open as a traveled road may require upgrades or improvements. The necessary upgrades or improvements associated with the construction of the turning circle may include but not be limited to property dedication (road widenings, sight triangles etc.), pavement widening, reconstruction, storm sewers, urbanization, sidewalks, illumination etc. The Owner will be responsible for 100% of the works deemed necessary by the Director of Engineering Services. 39. No development of Block 581 or other adjacent land will be permitted until such time as the Owner has acquired all of the lands necessary for the entire medium density development. No partial development will be permitted. All development of Block 581 and any associated lands not included within this draft plan must be developed with private internal road accesses. 40. The Owner shall convey Block 596 to the Municipality of Clarington for park or other public recreational purposes in accordance with the Planning Act. 41. The Owner shall provide a cash-in-Iieu of parkland dedication for any under-cledication of park land, as prescribed by the Planning Act. 42. For the purpose of parkland development, the Owner is required to undertake preparation of a conceptual park plan including proposed grading to demonstrate that the proposed park size, configuration and topography will allow for the construction of park facilities to the satisfaction of the Municipality. In addition, the Owner is required to provide the park site graded in accordance with the park concept plan including storm water servicing. . The park site must be fenced and seeded with a minimum cover of 200mm of topsoil. Servicing such as hydro, sanitary sewer and water should be stubbed at the property line along the park frontage. 43. The Owner must provide the park dedication in Phase I and rough grade the park and surrounding area within 150 mm of final grade. It will be necessary to design Grady Drive in this area in order to complete the rough grading. 44. The Owner must submit a stormwater management plan which provides for the ultimate development of the west end of this development. This plan must address all previous grading, drainage and stormwater management comments satisfactory to the Director of Engineering prior to final plan approval. . 45. The Owner agrees that storm water drainage works and facilities necessary for this development must be constructed in accordance with the Foster Creek Subwatershed Planning Study, dated March 2001, prepared by Gartner Lee Ltd. and as finally approved by the Director of Engineering Services. 46. The Owner's engineer must submit a Preliminary Engineering Plan that identifies the watershed areas that are tributary to each of the proposed storm water management facilities. The report must assess the major and minor flow systems, identify the pre Conditions of Approval- 18T -89059 Page 5 657 and post construction volumes and assess depths, velocities, points of discharge and proposed methods of outlet treatment. The required report must demonstrate that all blocks or locations designated for storm water management facilities have been adequately sized for all storm events in terms of quantity, frequency and duration up to and including the regional storm. A Preliminary Engineering Plan must be provided that demonstrates this requirement can be satisfied. The required Plan must illustrate that all of the road widenings required under the ultimate need for the neighbourhood have been accommodated and must illustrate the effect of any road widenings on the size of any storm water management facilities. The Plan must demonstrate that the facilities can be constructed with a minimum 5:1 side slopes and a 6.0 metre buffer strip. The Plan must also indicate the level of groundwater and the proposed range for the permanent water levels. The Plan will be subject to the approval of the Director of Engineering Services and the Ganaraska Region Conservation Authority. 47. The Owner must provide the Engineering Services Department with a stormwater management construction plan which provides for the sequential construction of all stormwater management works which reflect the phasing of the development. 48. The Owner agrees that the outfall location for each storm water management facility will . be subject to the approval of the Director of Engineering Services. Specifically the outfall of the proposed facility at Given Road and Rudell Road must be shown to not have an adverse effect on adjacent private property and that the outfall location is suitable. The size, location, design and specific detail for any proposed storm water management facilities will be subject to the approval of the Municipality of Clarington and the Ganaraska Region Conservation Authority prior to final approval of this plan. 49. The Storm Water Management Facility north of King Avenue West and west of Rudell Road has to be designed solely to act as infrastructure for the proposed Amended Draft Approved Plan of Subdivision 18T-89059, described in Condition 2 and the lands required for this facility must be acquired by the developer(s) of the above-mentioned subdivision and deeded to the Municipality of Clarington prior to approval of the final subdivision plan. 50. The Owner agrees to provide a Landscaping Plan for all stormwater management facilities to the satisfaction of the Director of Engineering Services. This may include input from adjacent property owners. 51. The Owner will be responsible for 100% of the cost of all amenities such as signs or fences that are deemed necessary by the Director of Engineering Services for any storm water management facilities. 52. The Owner must provide a monitoring and maintenance program for any proposed stormwater management facilities located within the subject neighbourhood. The required program must detail the obligations of the developer during the subdivision maintenance period and also detail a perpetual monitoring and maintenance plan. 53. The Owner agrees to provide an erosion and sediment control plan to the satisfaction of the Director of Engineering Services. Conditions of Approval- 1ST -89059 page6~8 54. The Owner agrees that temporary turning circles will be required on Street "E". Access to the Medium Density Bloqk, Block 581, may be restricted or prohibited depending upon the specific nature of the proposed development for this block. All other lots to be "frozen" will be determined at the engineering review stage at the sole discretion of the Director of Engineering Services. No development of any "frozen" lots will be permitted until the construction of Street "E" has been fully completed. 55. The Owner agrees that the west side of Rudell Road must be fully serviced with water, sanitary sewer and storm sewer for any future lots which may front onto this street, and any other streets that may intersect with this street must be "stubbed" for water, sanitary sewer and storm sewer to the satisfaction of the Director of Engineering Services and the Director of Planning Services.. 56. That prior to the issuance of building permits, access routes to the subdivision must b~ provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 57. This development cannot proceed until such time that the Municipality has approved the expenditure of funds for the provision of the construction of any works that have been included in the Municipality's Development Charge By-Law and that are deemed necessary by the Director of Engineering Services to service this development. 58. All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By-Law and all applicable legislation and to the satisfaction of the Director of Engineering Services. 59. The Owner must meet all the requirements of the Engineering Services Department, financial or otherwise. 60. The Owner shall be 100% responsible for the construction of a 1.8 m high wood privacy fence along the south property line of the subject lands, east of Street "A", where such property line abuts a lot with an existing residential dwelling. 61. The Owner shall be 100% responsible for the cost of Architectural Design Guidelines specific to this development, as well as 100% of the cost for the "Control Architect" to review and approve all proposed models and building permits, to the satisfaction of the Director of Planning Services. The Architectural Design Guidelines shall ensure that the development is consistent with the character of Newcastle Village. 62. The Owner agrees that no residential units shall be offered for sale to the public on said plan until such time architectural control guidelines and the exterior architectural design of each building has been approved by the Control Architect and the Director of Planning Services. Conditions of Approval-18T-89059 Page 7 659 63. The Owner agrees that no building permit shall be issued for the construction of any building on any residential lot or block on said plan, until the architectural control guidelines for the development and the exterior architectural design of each building and the location of the building on the lot has been approved by the Municipality of Clarington. 64. The Owner agrees that where the well or private water supply of any person is interfered with as a result of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. 65. The Owner shall provide the Municipality with unconditional and irrevocable Letters of Credit acceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 66. The Owner shall pay to the Municipality, the development charge in accordance to the, Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the Owner. , 67. The Owner will be required to establish a geodetic benchmark in the vicinity of the intersection of Rudell Road and King Avenue West that will serve as vertical control for the proposed development. The Owner will be responsible for 100% of the cost of establishing this benchmark. The required benchmark must be installed prior to the issuance of any building permits for the subject development. 68. That the Owner supply on disk, in a CAD format acceptable to the Municipality a copy of the proposed Plan of Subdivision as Draft Approved and the 40M-Plan. 69. The Owner.shall submit an Energy Management Plan to the satisfaction of the Director of Planning outlining various means that the Owner will implement to support energy conservation. 70. The Owner agrees to acquire the land necessary on the west side of Rudell Road for the proposed roundabout at the intersection of Rudell Road and Grady Drive. 71. Prior to final approval, the Owner is required to submit a signed Record of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt of the RSC by the MOE. 72. Prior to final approval, the Owner shall engage a qualified professional to carry out to the satisfaction of the Ministry of Citizenship, Culture and Recreation, an archaeological assessment of the entire property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation Conditions of Approval- 18T -89059 Page 8 560 confirming that all archaeological resource concerns have been met including licensing and resource conversation requirements. 73. Prior to the commencement of any' on-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Ganaraska Region Conservation Authority for reports, consistent with the recommendations of the Foster Creek Sub-watershed Study and Environmental Impact Study prepared by Gartner Lee, and with the 2003 MOE Storm Water Management Planning an.d Design Manual, describing the following: a) a detailed Storm Water Management Plan which outlines the intended means of controlling storm water runoff in terms of quantity, frequency and duration of all events up to and including the regional storm; b) the intended means of conveying stormwater flows from the site, including the location and design of water quality and quantity controls using storm water management techniques outlined in provincial guidelines; c) an assessment of the major and minor flow system, identifying pre and post construction volumes, depths, velocities, points of discharge and proposed methods for outlet treatment; d) an Erosion and Sedimentation Control Report and Plan detailing the means by which erosion and sedimentation and their effects will be minimized and contained on the site both during and after construction in aCcordance with the provincial guidelines.. The report and plan must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries Act; e) site grading details, including pre-development, staged and final scenarios: f) requirements for the long-term maintenance of all proposed erosion and storm water facilities and construction details relating to these conditions; and g) an Impact Assessment be carried out to assess potential impacts of the west pond draining to a tributary of Wilmot Creek. This study would need to consider hydrological, and biological impacts .and develop mitigative measures, monitoring requirements and potentially compensatory works. 74. The Owner agrees, through the subdivision agreement, to carry out or cause to be carried out the recommendations and measures contained within the documents approved under the previous condition (Condition No. 73). 75. The Owner agrees, through the subdivision agreement, to maintain all erosion and siltation control devices in good repair during the construction period in a manner satisfactory to the Ganaraska Region Conservation Authority. 76. The Owner agrees to obtain all necessary Ganaraska Region Conservation Authority permits. . Conditions of Approval-18T-89059 Page 9 661 77. The Owner agrees that detail design of the stormwater management system west of Rudell road must include erosion indexing and potential downstream issues to the satisfaction of the Ganaraska Region Conservation Authority. 78. The Owner shall enter into a written agreement with the Kawartha Pine Ridge District School Board which provides for the future acquisition of the school site, shown as Block 595 on the draft plan, to the satisfaction of the School Board. The agreement shall, among other matters, require; a) Block 595 to be available as part of Phase 1 ofthe development:; b) Block 595 to be rough graded; c) The approved final grading plans for the surrounding lands to be provided to the School Board d) All municipal services provided to the site; and e) The installation of a 1.8 metres high chain link fence on the perimeter of Block 595 where it abuts proposed or existing residential lands. 79. The Owner shall agree in the Municipality of Clarington Subdivision Agreement. to implement the recommendations of the report, entitled Traffic Noise and Rail Vibration Impact Study Draft Plan of Subdivision 18T-89059, Part Lots 29 and 20, Concession 2, Newcastle, Ontario, prepared by HGC Engineering, dated October 11, 2002, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda) and shall include any required warning clauses identified in the study. 80. The Owner shall provide for the extension, of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 81. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional services. 82. That prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval, a copy of an illumination plan and calculations. 83. That prior to final approval, a 0.3 m reserve extending across the Highway 35/115 frontage be conveyed by deed to the Ministry of Transportation. 84. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: Conditions of Approval- 1ST -89059 Page 10 tl62 a) The Owner agrees that the display and marketing materials to be used for this development shall be submitted to the Director of Planning Services and the Director of Engineering Services for approval. Said plans and materials must receive approval prior to issuance of a building permit for a sales facility of model home to be constructed on any Part of the Lands. b) The Owner agrees to fulfill the requirements of the Mastu Drainage Study as they apply to this site to the satisfaction of the Director of Engineering Services. c) The Owner agrees to carry out the works referred to in Conditions 73 to 77 inclusive, to the satisfaction of the Ganaraska Region Conservation Authority. d) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the Ganaraska Region Conservation Authority. e) The Owner agrees to advise the Ganaraska Region Conservation Authority 48 hour~rior to commencement of grading or the initiation of anyon-site works. f) The Owner agrees to place the following in all agreements of purchase and sale between the Developer and all prospective home buyers: i) "Due to the proximity of this plan to 35/115 Highway and the (Canadian Pacific) St. Lawrence & Hudson Railway purchasers should be aware that traffic noise may interfere with some activities ofthe dwelling occupants." Ii) "Despite the noise control features implemented within the development and/or within the individual dwelling units, noise levels from the adjacent 351115 Highway and the (Canadian Pacific) St. Lawrence & Hudson Railway may occasionally interfere with some activities of the dwelling occupants." Hi) "Purchasers and tenants are warned of the existing of (Canadian Pacific) St. Lawrence and Hudson Railway's operated right-of-way; the possibility of alterations to or an expansion of its rail facilities thereon in the future, including the possibility that the Railway may expand its operation, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the Railway's use of its facilities and/or operations." iv) "Purchasers and tenants are notified that the berm, fencing and other noise attenuation measures are not to be tampered with or altered and further that the Owner shall have the sole responsibility for -and shall maintain these measures to the satisfaction of the (Canadian Pacific) St. Lawrence & Hudson Railway." Conditions of Approval-18T-89059 Page 11 6S3 g) The Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operation in good repair during the construction period, in a manner satisfactory to the Director of Engineering Services and the Ganaraska Region Conservation Authority. h) Owner agrees to implement those noise control measures recommended in the Noise Report required in Condition 79. i) The Owner agrees to install a noise attenuation barrier and/or a fence along the mutual property line with the Railway right-of-way to the satisfaction of the (Canadian Pacific) S1. Lawrence & Hudson Railway. j) The Owner agrees to obtain prior concurrence from the (Canadian Pacific) S1. Lawrence & Hudson Railway and to provide a drainage report to the satisfaction of the (Canadian Pacific) S1. Lawrence and Hudson Railway for any proposed alterations to the existing drainage pattern affecting (Canadian Pacific) S1. Lawrence & Hudson Railway property. k) The Owner agrees to construct a 1.83 metre high chain link fence along the common property line of the (Canadian Pacific) S1. Lawrence & Hudson Railway and the subdivision. The Owner shall also agree to include a covenant running with the lands, in all deeds obliging the purchasers of the land to maintain the fence in a satisfactory condition at their expense. 85. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality shall be advised in writing by: a) The Reaional Municipality of Durham, how Conditions 4, 5, 27, 71, 72 and 79 to 81 have been satisfied; b) The Ganaraska Reaion Conservation Authority, how Conditions 73 to 77 have been satisfied; c) The (Canadian Pacific) S1. Lawrence Hudson Railwav, how Conditions 84 i) and 84 j) have been satisfied; d) The Kawartha Pine Ridae District School Board, how Condition 78 has been satisfied; e) The Ministrv of Citizenship. Culture and Recreation, how Condition 72 has been satisfied; f) The Ministrvof Transportation, how Conditions 82 and 83 have been satisfied; g) The Ministry of the Environment, how Condition 71has been satisfied. Page 12 664 Conditions of Approval - 1ST -89059 NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within six years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be. CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 2. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. In consideration of the number of conditions which require the developer to up front servicing and transportation infrastructure which benefits adjacent land owners, the Municipality will entertain the preparation of a front-end agreement, at 100% the expense of the Owner, in accordance with the Development Charges Act. All costs associated with the preparation of the agreement to be borne by the proponent. 4. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 5. Where agencies' requirements are required to be included in the local municipal subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. Conditions of Approval-18T-89059 Page 13 665 Attachment 4 To Report PSD-109-06 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement application ZBA 2006-0015; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 12.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE ONE (Rl) ZONE" is hereby amended by adding thereto, the following new Special Exception 12.4.67 as follows: "12.4.67 URBAN RESIDENTIAL EXCEPTION (Rl-67) ZONE Notwithstanding Section 12.2 d) i) and ii) those lands zoned Rl-67 on the Schedules to this By-law shall also be subject to the following zone regulations: a) Yard Requirements (minimum) i) Setback from the SI. Lawrence & Hudson Railway Right-of-Way 30.0 metres ii) Front yard 4.5 metres minimum 7.5 metres maximum iii) Exterior side yard 4.5 metres minimum 7.5 metres maximum b) All Garage Doors must be setback a minimum 0.5 metres in relation to the front wall or exterior side wall of the dwelling. In no case shall the garage door be closer than 6.0 metres from the front lot line or exterior side lot line." 2. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.44 as follows: "13.4.44 URBAN RESIDENTIAL EXCEPTION (R2-44) ZONE Notwithstanding Sections 13.2 a), b), c) ii), and iii); and h) those lands zoned R2- 44 on the Schedules to this By-law shall also be subject to the following zone regulations: a) b) Lot Area (minimum) 300 square metres c) Lot Frontage (minimum) i) Interior lot ii) Exterior lot Yard Requirements (minimum) i) Setback from the SI. Lawrence & Hudson Railway Right-of-Way 10.0 metres 13.3 metres 30.0 metres 666 - 2 - ii) Exterior side yard 6.0 metres to private garage or carport and 4.5 metres to dwelling iii) I nterior side yard with attached private Jarage or carport 1.2 metres on one side and 0.6 metres on the other side; without an attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side d) Garage Requirements i) All garage doors shall be located no closer to the street line than the dwelling's front wall or exterior side wall or covered porch projection; II) The outside width of the garage shall be a maximum of 40% of the width of the lot frontage". 3. Section 13.4 "SPECIAL EXCEPTION - URBAN RESIDENTIAL TYPE TWO (R2) ZONE" is hereby amended by adding thereto, the following new Special Exception 13.4.45 as follows: '13.4.45 URBAN RESIDENTIAL EXCEPTION (R2-45) Notwithstanding Sections 13.2 c) ii) and iii) and g) those lands zoned R2-45 on the Schedules to this By-law shall also be subject to the following zone . regulations: a) Yard Requirements (minimum) i) Setback from the SI. Lawrence & Hudson Railway Right-of-Way 30.0 metres II) Exterior side yard 6.0 metres to private garage or carport and 4.5 metres to dwelling with attached private garage or carport 1.2 metres on one side and 0.6 metres on the other side w~hout an attached private garage or carport 3.0 metres on one side and 0.6 metres on the other side Iii) . Interior side yard b) All garage doors shall be located no closer to the street line than the dwelling's front or exterior side wall or covered porch projection." 4. Schedule "5' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from: 'Urban Residential Exception (R1-20) Zone" to 'Holding-Urban Residential Exception ((H)R2-44) Zone"; 'Urban Residential Exception (R1-20) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; 'Urban Residential Exception (R2-5) Zone" to 'Holding-Urban Residential Exception ((H)R2-44) Zone"; 667 - 3 - "Urban Residential Exception (R 1-43) Zone" to "Holding-Urban Residential Exception ((H)R2-44) Zone"; "Urban Residential Exception (R2-13) Zone'" to "Holding-Urban Residential Exception ((H)R2-44) Zone"; "Urban Residential Exception (R1-43) Zone" to "Holding-Urban Residential Exception ((H)R2-44) Zone"; "Urban Residential Exception (R1-43) Zone" to "Holding-Urban Residential Exception ((H)R2-4) Zone"; "Urban Residential Exception (R 1-43) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; "Urban Residential Exception (R2-13) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; "Urban Residential Exception (R2-13) Zone" to "Holding-Urban Residential Exception ((H)R2-45) Zone"; "Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; "Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban Residential Exception ((H)R2-44) Zone"; "Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban Residential Exception ((H)R2-45) Zone"; "Urban Residential Exception (R2-12) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding-Urban Residential Exception ((H)R2-45) Zone"; "Holding - Urban Residential Type One ((H)R1) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; "Holding - Urban Residential Type Three ((H)R3) Zone" to "Holding-Urban Residential Exception ((H)R2-45) Zone"; "Urban Residential Exception (R2-32) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; "Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban Residential Exception ((H)R1-67) Zone"; "Urban Residential Type Two (R2) Zone" to "Holding-Urban Residential Exception ((H)R1-3) Zone"; "Holding - Urban Residential Type Two ((H)R2) Zone" to "Holding-Urban Residential Exception ((H)R1-3) Zone"; "Urban Residential Exception (R2-32) Zone" to "Holding-Urban Residential Type Two ((H)R2-45) Zone"; "Urban Residential Exception (R2-32) Zone" to "Holding-Urban Residential Type Three ((H)R3) Zone"; . "Environmental Protection (EP) Zone" to "Holding-Urban Residential Type Three ({H)R3) Zone"; and 668 - 4 - "Holding-Urban Residential Type Three ({H)R3) Zone" to "Environmental Protection (EP) Zone". 5. Schedule"N attached hereto shall form part of this By-law. 6. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of 2006 2006 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 669 This is Schedule passed this II A"" to day of By-law 2006- , 2006 A.D. , J -===f John Mutton, Mayor NEWCASTLE Patti L Borrie. Municipal Clerk 70 Schedule "A" Zoning Legend ~ . _ Zoning To Remain "R1" _ Zoning To Remain "(H)R1" _ Zoning Change From "(H)R2" To "(H)R1-3" _ Zoning To Remain "R1-42" 88888l Zoning Change From "(H)R1" To "(H)R1-67" tfO-V:O'1 Zoning Change From "R1-20" To "(H)R1-67" ~"\l Zoning Change From "R1-43" To "(H)R1-67" ~ Zoning Change From "(H)R2" To "(H)R1-67" . 1~~ii7:~~q Zoning Change From "R2-12" To "(H)R1-67" ~zoning Change From "R2-13" To "(H)R1-67" ~d Zoning Change From "R2-32" To "(H)R1-67" _ Zoning Change From "R1-20" To "(H)R2-44" _ Zoning Change From "R1-43" To "(H)R2-44" _ Zoning Change From "(H)R2" To "(H)R2-44" _ Zoning Change From "R2-S" To "(H)R2-44" _ Zoning Change From "R2-13" To "(H)R2-44" _ Zoning Change From "(H)R1" To "(H)R2-4S" _ Zoning Change From "R1-43" To "(H)R2-4S" .. Zoning Change From "(H)R2" To "(H)R2-4S" _ Zoning Change From "R2-13" To "(H)R2-4S" _ Zoning Change From "R2-32" To "(H)R2-4S" _ Zoning Change From "(H)R3" To "(H)R2-4S" _ Zoning To Remain "(H)R3" _ Zoning Change From "R2-32" To "(H)R3" _ Zoning Change From "EP" To "(H)R3" _ Zoning To Remain"EP" _ Zoning Change From "(H)R3" To "EP" 671 C!Ylil1glOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, October 2,2006 Report #: PSD-110-06 File No.: C-C 2003-002 By-law #: Subject: AMENDMENT TO DRAFT APPROVED PLAN OF CONDOMINIUM APPLICATION APPLICANT: PORT OF NEWCASTLE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-11 0-06 be received; 2. THAT the Amendment to Draft Approved Plan of Condominium application, submitted by Port of Newcastle Developments Inc. be APPROVED and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3; 3. THAT a copy of Report PSD-110-06 be forwarded to the Durham Region Planning Department; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed bQ ~-=... ~ Franklin Wu, Chief Administrative Officer ..... D i J rome, M.C.I.P., R.P.P. Director of Planning Services CS*CP*DJC*df 26 September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 672 REPORT NO.: PSD-110-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Port of Newcastle Developments Inc. 1.2 Amendment to Draft Approved Plan of Condominium Application: To permit condominium tenure of 2 buildings. containing a total of 36 residential units. 1.3 Site Area: 1 .2 hectres 2.0 LOCATION 2.1 The subject lands are located at 375 & 385 Lakebreeze Drive in Newcastle Village (Attachment 1). The property is contained within Part Lot 29, Broken Front Concession in the former Township of Clarke. 3.0 BACKGROUND 3.1 In November 2004, the applicant received site plan approval for three (3) three- storey residential buildings, each containing 18 units for a total of 54 units. The owner submitted an application for condominium approval to the Municipality of Clarington to permit condominium tenure of the first building. Draft approval for the first building was issued by the Director of Planning Services on June 20, 2005. The condominium was registered in January 2006. In November 2005, the applicant requested an amendment to draft approval for the remaining two. buildings. Building permits for the two remaining buildings have been issued and construction is near completion. 4.0 OFFICIAL PLAN POLICIES 4.1 The lands are designated "Living Area" within the Durham Region Official Plan. The goal of the Living Area designation is to provide a full range of housing. 4.2 The Clarington Official Plan, designates the subject lands Urban Residential with a Medium Density Symbol. Medium Density development shall proceed at 31-60 units per net hectare. The amendment to. draft approval of the Plan of Condominum is for the remaining two buildings and conforms to the policies. 673 REPORT NO.: PSD-110-06 PAGE 3 5.0 ZONING BY-LAW CONFORMITY 5.1 The subject lands are currently within the "Urban Residential Exception (R4-15) Zone" The R4-15 zone permits the proposed development and conforms to the zoning provisions. 6.0 STAFF COMMENTS 6.1 A site plan agreement with the Municipality of Clarington detailing the location of buildings and landscaping features is presently registered. on title. The site plan agreement also covers financial matters, including development charges and performance guarantees for landscaping and engineering works. The appropriate Letters of Credit were obtained from the Owner for these performance guarantees. This property is also within a registered plan of subdivision and the appropriate parkland d.edication was made through the plan of subdivision. Staff has no objections to the approval of the application for amendment to Draft Approved Plan of Condominium. 6.2 The Owner is aware that the Municipality shall require a site plan amendment to implement the conditions of draft approval contained in Attachment 2 of this report. 7.0 CONCLUSIONS 7.1 Based on comments contained in this report it is respectfully recommended that revisions to the Plan Condominium be APPROVED, subject to the attached conditions of draft approval contained in Attachment 2. Attachments: Attachment 1 - Condominium Plan Attachment 2 - Conditions of Draft Approval Interested parties to be notified of Council and Committee's decision: Port of Newcastle Developments Inc. 674 C III CDU - it -c -- t E =.l!l N ::I ~i i 0 c 0 E CDE q Za, z C") 0 '0.2 Q, 0 -g CD . 0 0 t:t :Ii ~ U ~Q c 0 / ~ c ;.: i u .s CD III C 0 ! c ~ ...I 'C ~ III 8- U e IL Attachment 1 To Report PSD-110-06 ~ I Q $ ~ IH ~ :r ~ S' ~ I:t t:J ~ Sr '< ~ 675 Altacnmem L- To Report PSD-110-06 AMENDMENT TO CONDITIONS OF DRAFT APPROVAL PART LOT 29, BROKEN FRONT CONCESSION FORMER TOWNSHIP OF CLARKE FILE NO.: C-C- 2003-002 J \ 1. The Owner shall have the final plan prepared on the basis of approved Draft Plan of Condominium C-C-2003-002 prepared by J.D. Barnes Limited identified as job number 02-25-260-00 dated September 14, 2002 and revised September 26, 2006, which illustrates two three~storey buildings containing 36 residential units and parking facilities. 2. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall include, among other matters, the execution of an Site Plan Agreement between the Owner and the Municipality of Clarington concerning such matters as follows: compliance with the Municipality's approved site plan in terms of refuse collection, snow storage, driveway entrance maintenance and common ownership elements. 3. Prior to final approval of this plan of condominium for registration, the Director of the Planning Services for the Municipality of Clarington shall be advised in writing by: a} Durham Region Planning Department, how Condition 1 is satisfied. NOTES TO DRAFT APPROVAL 1. As the Owner of the proposed condominium, it is your responsibility to satisfy all of the conditions of draft approval in an expeditious manner. The conditions to draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval may be withdrawn at any time prior to final approval. 2. All plans of condominium must be registered in the Land Titles system within the Regional Municipality of Durham. 3. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. 4. At such time as the draft approval is in effect, the Owner is required to provide digital copies of the draft approved plan and conditions of draft approval to the 676 Region of Durham Planning Department and the Municipality of Clarington Planning Department,. 677 Cl!1lmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 2, 2006 Report #: PSD-111-06 File #: 18T-89044 By-law #: Subject: AMENDMENT TO CONDITIONS OF DRAFT APPROVAL FOR A DRAFT PLAN OF SUBDIVISION FOR 70 DWELLING UNITS, BOWMANVILLE APPLICANT: HEADGATE DEVELOPMENTS INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-111-06 be received; 2. THAT the Amendment to Conditions of Draft Approval for Draft Approved Plan of Subdivision 18T 89044, Headgate Developments Inc. be APPROVED, as shown on Attachment 2; 3. THAT the by-law to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has entered into a subdivision agreement; 4. THAT the attached by-law to authorize the Mayor and Clerk to execute a subdivision agreement between the Owner and the Municipality of Clarington be PASSED; and 5. THAT the Region of Durham and all interested parties listed in this report and any delegation be advised of Council's decision. "\ . U~ Reviewed by: ~ Franklin Wu Chief Administrative Officer CS/CP/DJC/df 25 September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379F (905)623-0830 678 REPORT NO.: PSD-111-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Headgate Developments Inc. 1.2 Application: Amendment to Conditions for Draft Approved Plan of Subdivision 18T-89044 containing 70 dwelling units comprised of: . 21 single detached lots, . 14 semi-detached lots (28 units), and . 3 blocks for street townhouses (21 units). 1.3 Site Area: 3.8 hectares (9.38 acres) 2.0 LOCATION 2.1 The lands subject to the amendment are located east of Scugog Street and south of Concession Road 3, being. Part Lot 12, Concession 2 in the fonmer Town of Bowmanville. (see Attachment 1). 3.0 BACKGROUND 3.1 On February 26, 1990 Council recommended draft approval of Plan of Subdivision 18T- 89044 subject to a number of conditions. Subsequently, on September 19, 1990, the Region of Durham issued Draft Approval. The lands at the time of draft approval were owned by 807877 Ontario Limited. The lands are now owned by Headgate Developments Inc., who have requested Staff to prepare a subdivision agreement. . 3.2 In reviewing the Conditions of Draft Approval, approved by Council 16 years earlier, Staff noted that a number of conditions are no longer applicable and a number of new standard conditions of draft approval are now required. As such, an amendment to the existing Conditions of Draft Approval are required to clearly define what conditions need to be fulfilled and the appropriate agencies to clear those conditions. 4.0 STAFF COMMENTS 4.1 Since September 1990, the time when the Draft Plan was approved by the Region of Durham, a number of new conditions of draft approval have been added to the Municipality of Clarington standard conditions, to implement Architectural Control Guidelines, review marketing material, change the delegated approval authorities between the Region. of Durham and the Municipality of Clarington and change the delegated approval authority between various ministries and agencies. 4.2. Specific changes to the Conditions of Draft Approval are required to accommodate among other things, new road design standards and financial contributions, specifically: 679 REPORT NO.: PSD-111-06 PAGE 3 i} An increase in size of road widenings on both Concession Road 3 and Scugog Street from 3.0 metres to 5.0 metres; ii) An increase in the size of the site triangles on Street A and Scugog Street; iii) The addition of a site triangle atScugog Street and Concession Road 3; iv) Deleting Condition 11- which required the Developer to pay development Charges at the time of execution of the subdivision agreement. Development charges are now required prior to issuance of building permits. v) Deleting Conditions 21, 22, 23 and 24 - which required the Developer make monatary contributions to the reconstruction of Concession Road 3 and Scugog Street (Middle Road). Contributions to road reconstruction projects are no longer required if a project has been identified in the Development Charges By-law and if the development does not directly front onto the affected road. vi). Adding a new condition to require the Developer to contribute to front ending payments. 4.3 There is no change to the layout or number of units in the proposed Plan of Subdivision. 5.0 CONCLUSIONS 5.1 The applicant has been made aware of the required revisions to the existing Conditions of Draft Approval. It is respectfully recommended that the Amended Conditions of Draft Approval be APPROVED as shown on Attachment 2. That the By-law to authorize the Mayor and Clerk to execute the subdivision agreement as shown on Attachment 2 also be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - Amendment to Conditions of Draft Approval Attachment 3- Authorization By-law List of interested parties to be advised of Council's decision: A. Anderson Region of Durham Planning 680 Attachment 1 To Report PSD-111-06 :! c.i ~ .E .. C ~ I . E . '1:1 E lD GO c Q. - ~ IS 0 Q. II) · E .. o E :lE 0- C7l.!! ,< c: C7l . 0 GO~ Q ;0 ''1:1 GO III fd rl to~ >"T CD >. .9 ....0 Qal al '1:1 ~ al III C . !. c :I: e is .: 0.. . C ~ ~ (uIoHs 'H 1 dI ....... ..- " JD1 - == Lt lClO1lI ~ ,-=- ! ! I i. i!! . ,,'iIiir1O --~- .: or lClO1lI - :t :l 8l33l1lS I !' ... ., - ~ " II i!! ~I I l! , I It. It-m ..'lliilIo l: I I- e I . IIll11 ,., ~ '" ~I i i!! I ~ , ~ I . - 'I !!! ,I ! II ~ - - ~ - SIi R :\ " 1,1 II I . III I ;:; '. ~ ... . - 4. -. ... r , ., . I Ol33lllS ~ I ~ - - . !' - I N II I:; II !3 ot :l t:I It I ~ 1&or == -- ;lJ. ttlClO1ll " lClO1lI -- - - "_IIIIln~..-rYW'" .l33llI.S llOOn:lS S't' NMONlI 681 . Attachment z To Report PSD-111-06 AMENDMENT TO CONDITIONS OF DRAFT APPROVAL For Draft Approved Plan of Subdivision 18T-89044 Part Lot 12, Concession 2, Former Town of Bowmanville Dated: October 2, 2006 REVISED CONDITIONS OF DRAFT APPROVAL The Conditions of Draft approval issued by the Region of Durham, dated October 6, 1990 are hereby deleted in their entirety and are replaced with these new amended conditions of draft approval as follows: . PLAN IDENTIFICATION . . The Owner shall have the final plan prepared on the basis of approved draft plan of subdivision 18T-89044 prepared by Templeton Lepek limited identified as job number 492 dated revised and dated October 6, 1989, showing 70 dwelling units consisting of 21 lots for single detached dwellings, 14 lots for semi-detached dwellings (28 units), 3 blocks for street townhouses (21 units) and various road widenings and reserves subject to the revisions as contained in the revised conditions of draft approval. FINAL PLAN REQUIREMENTS 1. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. . 2. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the Municipality of Clarington. REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT. 3. The Owner shall submit plans showing the proposed phasing to the Region and the Municipality of Clarington for review and approval, if this subdivision is to be developed by more than one registration. . 4. The Owner shall, if necessary, apply to the Municipality of Claringtonand obtain area municipal approval of the zoning for the land uses shown on the approved draft plan in accordance with the provisions of the Planning Act. 5. The Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Engineering Services and the Director of Planning Services for review and approval. The Landscaping Plah shall reflect the design criteria of the Municipality as amended from time to time. 682 6. The Owner shall submit a detailed tree preservation plan to the satisfaction of the Municipality of Clarington. No trees shall be removed until such time. as this program has been approved except as authorized by the Municipality. 7. Priorto entering into a subdivision agreement; the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT 8. That the Owner shall enter into a Subdivision Agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's standard subdivision agreement, including, but not limited to, the requirements that follow. 9. The Owner shall convey the 0.3 metre reserve shown. as Block 41 to 45, inclusive on the draft plan, to the Municipality of Clarington. 10. The Owner shall convey 5.0 metre road widening for the purposes of widening both Scugog Street and Concession Road 3 respectfully, to the Municipality of Clarington. 11. The Owner shall convey, to the satisfaction of the Director of Engineering Services, appropriately sized site triangles at the intersection of Street 'A' and Scugog Street and at the corner of Scugog Street and Concession Road 3. 12. The owner agrees to construct a temporary turning circle at the east limit of Street "An. Building permits for Lots 14 and 15 will not be issued until such time as development proceeds easterly beyond the limits of the subdivision. 13. The Owner shall prepare to the satisfaction of the Director of Planning Services a house siting plan for Lot 28, which takes into consideration the regulations in the applicable zone and ensures the rear yard is an acceptable amenity area. 14. The Owner agrees and acknowledges, as a condition of the Subdivision agreement to make front ellding payments to the Municipality of Clarington for the amount specified in the following front ending agreements: 1) Halloway HoldingsNaliant Front Ending Agreement 2) Carruthers Front Ending Agreement. The subdivision agreement will contain appropriate clauses regarding the timing and amount of the required front end payments. Payments shall be determined in accordance with the provision of the Development Charges legislation to the satisfaction of the Municipality of Clarington. . 15. The Owner agrees to contribute to the storm sewer oversizing on Scugog Street . north of. Bons Avenue to Street 'A'. The subdivision agreement will contain appropriate clauses regarding the timing and amount of the required contribution. Payments shall be determined in accordance with the subdivision agreement and to the satisfaction of the Director of Engineering Services. . 683 16. The Owner shall convey land to the Municipality of Clarington for park or other' public recreational purposes in accordance with the provisions of the Planning Act. Alternatively, the municipality may accept cash-in-Iieu of such conveyance. 17. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time. .18. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 19. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 20. That the Owner shall cause all utilities, including hydro, telephone, Cable TV, etc. to be buried underground. 21. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet Subsection 3.2.5.2(e) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agrees that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire Code, sforage of combustible waste be maintained as per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 22. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogeologist Report to the Director of Planning Services to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. . 23. The Owner agrees that where the well or private water supply of any person is . interfered with as a result of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well . or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. . 24. That the Owner shall provide the Municipality with unconditional and irrevocable, Letters of Credit !,\cceptable to the Municipality's Treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. ' 25. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charge by-law as amended from time to time, as well as payment of a portion of front end charges pursuant to the Development Charge Act if any are required to be paid by the. O~ner. 26. The Owner shall be 100% responsible for the costs of any architectural design guidelines specific to this development, as well as 100% of the costs for the 684 "Municipality's Control Architect" to review and approve all proposed models to the satisfaction of the Director of Planning Services. I 27 The Owner shall amee in the Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required fpr telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Camida facilities or easements, the Owner/Developer shall be responsible for, the relocation of su~h facilities or easements / 28. The Owner shall be required to enter into an agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality. ' 29. The Owner shall supply on disk, in a CAD format acceptable to the Municipality, a copy of the proposed Plan of Subdivision as shown as an, amendment to Draft Approval. ' 30. Prior to final approval" the Owner is required to submit a signed Record, of Site Condition (RSC) to the Regional Municipality of Durham, the Municipality of. Clarington and the Ministry of Environment (MOE). This RSC must be to the satisfaction of the Region, including an Acknowledgement of Receipt ofthe RSC by the MOE. 31. Prior to anyon-site grading or construction or final registration of the plan, the Owner shall submit and obtain approval from the Municipality of Clarington, and the Central Lake Ontario Conservation Authority for reports describing the following: a) the intended means of conveying stormwater flow from the site, including use of stormwater techniques which are appropriate and in accordance with the provincial guidelines. The stormwater management facilities must be designed andim'plemented in accordance with the recommendations of the Northwest Bowrnanville Area Master Drainage Plan; . b) the anticipated impact of the development on water quality, as it relates. to fish and wildlife habitat once adequate protective measures have been taken; , c) the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction in accordance With the provincial guidelines. The report mU,st ()utline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site or other related works, to comply with the Canada Fisheries , Act; and ' d) on-site groundwater conditions and contributions to the baseflow of the creek, and necessary measures to maintain these contributions. 32.' The OWner shall obtain all necessary permits from the Central Lake Ontario Conservation Authority under Ontario Regulation 42/06 prior to the registration of the plan. 685 33. The Owner has submitted to the Municipality of Clarington, for review and approval, (preliminary) noise report prepared by J.E. Coulter Associates Engineering dated July 6, 1989 and as revised by letter of May 11,1990 and November 23, 2005, an acoustic engineer. 34. The Owner shall agree in the Municipality of Clarington subdivisi,," agreement to implement the recommended noise control measures. The agreement shall contain a full and complete reference to the noise report (i.e. author, title, date and any revisions/addenda thereto) and shall include any required warning clauses identified in the acoustic report. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan.. 35. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 36. The Owner shall satisfy all requirements, financial and otherwise, of the Municipality of Clarington. This shall inClude, among other matters, the execution of a subdivision agreement between the Owner and the Municipality of Clarington concerning the provision .and installation of roads, services, drainage and other local services: 37. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other regional. services. . . 38. Draft approval of this. plan of subdivision may be withdrawn and servicing capacity reassigned to other areas within the Municipality of Clarington in the event that this plan of subdivision is not registered within three years of draft approval. 39. The subdivision agreement between the Owner and the Municipality of Clarington shall contain, among other matters, the following provisions: a) The Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. b) The Owner agrees that no filling, grading or alteration to the water course shall occur on the property without the prior written approval of the Conservation Authority. 686 c) The Owner agrees to carry out the works referred to in Condition 30 and Condition 31 to the satisfaction of the Central Lake Ontario Conservation Authority . d) The Owner agrees to maintain all stormwater management and erosion imd sedimentation control structures operating and in good repair until the site is stabilized, in a manner satisfactory to the Central Lake Ontario Conservation Authority. e) The Owner agrees to advise the Central Lake Ontario Conservation Authority 48 hours prior to commencement of grading or the initiation. of anyon-site works. . 1) The Owner agrees to place the following in all agreements of purchase and sale between t/le Developer and all prospective home buyers: "Notice to Parents" Students from this development may have to attend existing schools. Although a . school site has been reserved within an adjacent plan of subdivision, a school may not be constructed for some time, if at all, and then only if the School Board authorizes funding and construction of this required school. That the Owner agrees to post the "Notice to Parents" in all sales office centres. 40. The owner. acknowledges and agrees to provide the display and marketing materials to the Director Planning Services and the Director of Engineering for approval. Said plans and materials must receive approval prior to issuance of the first building permit for any building and structure, including sales office and model home to be constructed on any part of the lands. 41. Prior to final approval of this plan for registration, the Director of Planning Services for the Municipality of Clarington shall be advised in writing by: a) Region of Durham how Conditions have 2, 3, 7 30, 35 and 37 been satisfied; . b) Central Lake Ontario Conservation Authority, how Conditions 31, 32, 39b), c), d) and e) have been satisfied; c) Bell Canada, how Conditions 27 and 28 have been satisfied.. NOTES TO DRAFT APPROVAL 1. If final approval is not given to this plan within three years of the draft approval date, and no extensions have been granted, draft approval shall lapse and the file shall be CLOSED. Extensions may be granted provided valid reason is given and is submitted to the Director of Planning Services for the Municipality of Clarington well in advance of the lapsing date. . 687 2. As the Owner of the proposed subdivision, it is your responsibility' to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 3. All plans, of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 4. Where agencies' requirements are required to be included in the local municipa! subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final, approval of this plan. The addresses and telephone numbers of these agencies are: a) Central Lake Ontario Conservation Authority, 100 lNhiting Avenue, Oshawa, Ontario, L1H 3T3 (905) 579-0411. . b) Regional Municipality of Durham, 605 Rossland Road East, P.O. Box 623, Whitby, Ontario L 1 N 6A3. c) Bell Canada, Right-of-Way, 100 Borough Drive, Floor 3, Scarborough, On M1 P 4W2. 688 Attachment 3 To Report PSD-111-Qa CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to authorize entering into an agreement with the Owners of Plan of Subdivision ,18T-89044 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T -89044 WHEREAS the Council approved an amendment to Draft Approved Plan of Subdivision 18T-89044 located in Part Lot 12, Concession 2, former Town of Bowmanville and authorized the execution of a subdivision agreement wtth the Owner; AND WHEREAS the Owner(s) of the draft Plan of Subdivision 18T-89044 is now ready to proceed to finalize the 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 Cieri< are hereby authorized to execute, on behalf of the Municipality of Clarington and seal with the Corporation's seal, a~ Agreement between the Owners of Plan of Subdivision 18T -89044. 2. That the Mayor and Cieri< 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 Cieri< 689 ClwigglOn REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 2, 2006 Resolution #: Report #: EGD-33-06 File #: D.06.25.001 By-law #: Subject: WESTLAKE SUBDIVISION, SOLlNA, PLAN 40M-1897, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAW, FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-33-06 be received; 2. 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-1897; and 3. THAT Council approve the by-law attached to Report EGD-33-06, assuming certain streets within Plan 40M-1897 as public highways. R~ Submitted by: A.S. Cannella Director of Engineering Services ~--'= ~ R . ed by: Franklin Wu Chief Administrative Officer ASC/NAC/dv September 21, 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~3-06 Page 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered May 27,1997, with 821010 Ontario Limited to develop lands by plan of subdivision, located in Solina and described as Plan 40M-1897 (Attachment 1). The agreement required the developer to construct all roadworks, including hot-mix paving, sodded drainage ditches, streetlights, and a stormwater management facility, hereinafter referred to as the Works'. 1.2 The Subdivision Agreement provides for the separation of the Works into four (4) stages: a) Initial Works; b) Street Liahtina Svstem; c) Final Works; and d) Stormwater Manaaement System 1.3 The Initial Works. Street Liahtina Svstem and Stormwater Manaaement System were issued 'Certificates of Completion' and subsequent 'Certificates of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated September 30, 2003. This initiated a one (1) yearmaintenance period, which expired on September 30, 2004. The Works have been re-inspected and all deficiencies have now been rectified to the satisfaction of the Director of Engineering Services. 1.5 It is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the 'Certificate of Acceptance' for the Final Works. 1.6 Further to the issuance of a 'Certificate of Acceptance', a by-law is requir~d to permit the Municipality to assume certain streets within Plan 40M" 1897, as public highways (Attachment 2). 702 Report #EGD-33-06 Page 3 Attachments: Attachment 1 - Key map Attachment 2 - Proposed By-law 703 Plan 40M-1897 Westlake Su division - rn 5l. s- Ol ~ ;u c ~ ;; ~ -.-J "- Ii" ::;: :t:f- ~ ~ t-,/~. ~ I-- ,ij;... L- ;u ""'1~""'1- 121- .. f- ~I ~ - I:t: rConC'Rd 6 FTlIii. '- I conCR~~I~ 1'1 ~ ~ TI L C U -L -l I =H;;1~~( '/I L- ~ ...... \ ~ ~ a SOLINA Ii" ~ i ~ P I r cbne. L ~ = - 1-1 - I I Rd. 7 \ ~ II bU Uf-r -.J v ft{ .,; W)!.E 1= r air-- ~a:: = C) = Subject ....9 - ...r: ~. 0 C) F- a:: ::I = Site CJ (f) == 2. [ h"O ~ S = r 0 c en f- I f-- !'-Cone. Rd. ~~ . ~ ~ r- "- ~- -" . DRAWN BY: E.L. . I DATE: Seplember21, 2006 ... ~ r L F=' I L 1I c ~ REPORT EGD-33-06 ~ .,. ~ I KEY MAP ATTACHMENT NO.1 ~4 IL I r "I I I G:\Attachments\ stlake .mxd ., . , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to assume certain streets within the Municipality of Cia ring ton as public highways in the Municipality of Clarington.. The Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT the Streets shown on Plan 40M-1897, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Eagle Court Bice Court Dorset Street Westlake Street Odium Street Limmiman Court BY-LAW read a first and second time this xx!" day of xxxxxxxx 2006. BY-LAW read a third time and finally passed this xx!" day of xxxxxxxx 2006. John Mutton, Mayor 705 Clw:mgton REPORT ENGINEERING SErtVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 2, 2006 Resolution #: Report #: . EGD-45-06 File#: By-law #: Subject: MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR AUGUST, 2006. Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-45-06 be received for information. Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services R. db?\~-~- eVlewe f.:::::::!... Franklin Wu Chief Administrative Officer ASC*RP*bb September 18, 2006 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-1824 706 REPORT NO.: EGD-45-06 PAGE 2 1. BACKGROUND: 1.1 With respect to the Building Permit Activity for the month of August 2006, Staff wish to highlight the following statistics for the information of Committee and Council. MONTH OF AUGUST 2006 Permits Issued VALUE OF CONSTRUCTION Residential Industrial Government Commercial Institutional Agricultural TOTAL YEAR TO DATE 2006. 705 % CHANGE OF VALUE YTD 06- 05 -15.7% YEAR TO DATE 2005 $106,418,964 $5,555,666 $1,905,000 $1,908,005 $3,299,871 $623,010 $119,710,516 5.3% -83.4% 471.2% -74.5% 828.0% -83.3% -18.3% The following is a historical comparison of the building permits issued for the month of "AUGUST' and "YEAR TO DATE" for a three year period. Historico' Doto for Mo_ of "AUGUST" $50,llllll,[Ol $40,000,000 $30,000,[01 $20,000,000 $10,llllll,[Ol $0 2000 2005 2IllM 8V81ue $11,566,423 $44,D67,B48 $9,29B,228 Historico' Doto "YEAR TO DATE" $1 BO,llOO,llllll $1 BO,OllO,ooo $14D,llllll,000 $120,000,000 $100.000,000 SBO,oOO,[Ol $SO,ooo,llllll S4D,ooo,OOO $20,000,000 so 20DB 2OD5 2IllM 119,710,516 146,463,447 159,311,736 707 REPORT NO.: EGD-45-06 PAGE 3 The following is a comparison of the types of dwelling units issued for the month of "AUGUST" and ''YEAR TO DATE", . ..... DEr ACHED 5. Dwelling Unit TYPe "AUGUST 2006" a ;,PAFrI'M!NT .. . SINGLE DETACHED 38 Iil SEMI DETACHED 2 I<lI TOWNHOUSE 0 lDAPARTMENTO D TDVNtDJIf .. .. TO'WNHDUR .. 15 .EMI DET ACH<D ... Dwelling UnltType 'YEAR TO DATE 2006" .., SINGLE DETOCHfII 5.. . SINGLE DETACHED 307 ISlSEMI DETACHED 75 o TOWNHOUSE 22 III APARTMENT 203 708 REPORT NO.: EGD-45-06 PAGE 4 MONTH OF AUGUST 2006 2006 2005 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 73 $10,647,757 59 $6 138 804 Industrial 4 $381,666 2 $33100000. Government 1 $15,000 0 $0 Commercial 5 $351,000 8 $4,251,450 Institutional 6 $171,000 4 $322 100 Aaricultural 0 $0 1 $255,494 Demolition 9 $0 1 $0 TOTAL 98 $11 566,423 75 $44,067 848 YEAR TO DATE 2006 2005 BUILDING NUMBER OF VALUE OF NUMBER OF VALUE OF CATEGORY PERMITS CONSTRUCTION PERMITS CONSTRUCTION Residential 587 $106,418,964 749 $101 022878 Industrial 17 $5,555,666 9 $33,533,600 Government 6 $1,905,000 6. $333,500 Commercial 36 $1,908,005 35 $7,480,112 . Institutional 15 $3,299,871 6 $355 600 Aoricultural 10 $623,010 15 $3737,757 Demolition 34 $0 16 $0 TOTAL 705 $119.710516 836 $146,463447 Attachment #1 - Monthly Building Permit Activity ReporUHistorical Comparison of Building Permit 709 Municipality of Clarington Building Services - Monthly Activity Re ortAUGUST 2006 PERMIT FEES August $108,409 2006 Year to Date $1,004,510 August $149.1'25 2005 Year to Date $824,427 TOTALS August 666 394 1060 2006. Year to Date 3939 3240 7179 August 677 591 1268 2005 Year to Date 5729 4490 10219 Building Inspections Plumbing Inspections 2006 2005 August Year to Date August Year to Date Single Detached 38 307 15 245 Semi-Detached 2 75 6 232 Townhouse 0 22 0 49 Apartments 0 203 1 57 TOTALS 40 607 22 583 YEAR: 2006 AREA (to 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 month) Bowmanvilie 403 307 587 468 345 312 188 184 313 423 217 Courtice 113 241 173 180 133 129 231 296 254 295 331 Newcastle 67 202 191 123 131 76 110 78 4 5 3 Wilmot Creek 4 15 25 29 38 24 19 21 33 21 16 Orono 1 1 2 1 1 Darlington 4 14 15 13 17 47 102 31 14 20 17 Clarke 10 13 10 16 15 9 17 17 12 20 10 Burketon 1 1 1 1 1 1 2 Enfield 3 Enniskillen 1 1 1 2 5 7 6 3 7 3 Hampton 3 1 1 1 2 1 2 2 Haydon 1 1 2 Kendal 1 3 2 1 Kirby 1 Leskard 1 1 Maple Grove 1 Mitchelis Corners 1 Newtonville 2 4 5 3 3 3 1 2 Solina 2 3 3 3 1 1 Tyrone 3 9 3 TOTALS 607 802 1015 843 701 609 679 640 636 801 601 Attachment #1 - Monthly Building Penni! Activity Report/Historical Comparison of Building Pennn 710 Cl~mglOn REPORT ENGINEERING SERVICr:S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 2, 2006 Resolution #: Report #: EGD-46-06 File#: By-law #: Subject: APPOINTMENT OF BUILDING INSPECTOR RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report EGD-46-06 be received; 2. THAT John Tresise be appointed as Inspector for the Municipality of Clarington effective October 2, 2006 and that his name be added to Schedule 'A' of By-Law 2005-145; and 3. THAT the appropriate by-law be forwarded to Council. Respectfully by, c)~ ~~ Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A. S. Cannella, C.E.T. Director of Engineering Services ASC/RP/dv September 20, 2006 CORPORATION OF THE MUNICIPAUTY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3AB T 905-623-3379 F 905-623-9282 711 REPORT NO.: EGD-46-06 PAGE 2 1.0 REVIEW AND COMMENT 1.1 Mr. Tresise has been hired as a Plumbing/Heating Inspector by the Municipality of Clarington. His starting date is October 2, 2006. Mr. Tresise has had an Inter-Provincial Plumbing licence for 22 years as well as a licence for Backflow Tester and Installer. He has also been a self-employed Plumber for 12 years and has experience as a Plumbing Foreman of large construction sites. Attachments: Attachment 1- Proposed By-Law amendment 712 ATTACHMENT NO.: 1, REPORT NO.: EGD-46-o6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006-XXX Being a By-law to amend By-law 2005-145, a By-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors. WHEREAS the Council of the Municipality of Clarington has approved the recommendations contained in Report EGD-46-06. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Schedule 'A' to By-Law 2005-145 is hereby amended by adding the following thereto: Column 1 "Inspector" Column 2 "John Tresise" This By-law shall come into effect on the date of passing hereof. BY-LAW read a first and second time this _It> day of XXXXXX, 2006. BY-LAW read a third time and finally passed this _It> day of XXXXX, 2006. John Mutton, Mayor 713 CI~-ilJgton REPORT ENGINEERING SERVICr:S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 2, 2006 Resolution #: Report #: EGD-47 -06 File#: 0.02.34.015 By-law #: Subject: AUBURN LANE LAND DIVISIONS, COURTICE LD 127/2002 TO LD 136/2002 'CERTIFICATE OF ACCEPTANCE' FINAL WORKS INCLUDING BOULEVARDS AND OTHER RELATED WORKS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-47-06 be received; and 2. THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include boulevards and other related Works, constructed within LD 12712002 to LD 136/2002. Respectfully by, 0' <-CI~~ ~ k Reviewed by: Franklin Wu Chief Administrative Officer Submitted by: A. S. Cannella Director of Engineering Services ASC/NAC/dv September 25, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905~23-3379 F 905-623-9282 714 REPORT NO.: EGD-47-06 PAGE 2 1.0 BACKGROUND 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement, registered October 11, 2002, with Ashton Development Corporation to develop lands by plan of subdivision, located in Courtice and described as LD 127/2002 to LD 136/2002 (Attachment 1). The agreement required the developer to construct all valley restoration works, valley planting, fencing, and street trees, hereinafter referred to as the Works'. 1.3 The Initial Works were issued a 'Certificate of Completion' and subsequent 'Certificate of Acceptance' by the Director of Engineering Services, as per the maintenance requirements set out in the Subdivision Agreement. 1.4 The Final Works were issued a 'Certificate of Completion' dated October 1, 2005. This initiated a one (1) year maintenance period, which expired on October 1, 2006. The Works have recently been re-inspected and are to the satisfaction of the Director of Engineering Services. 1.5 There are no roads associated with these land divisions and therefore, no by- laws to pass. However, the Subdivision Agreement requires Council approval prior to the issuance of a 'Certificate of Acceptance'. Therefore, it is now appropriate to issue a 'Certificate of Acceptance' for the Final Works. Attachments: Attachment 1 - Key Map 715 v \ .' Auburn la~/ i , r ~ land Divisions L q"e (lD 127/2002 to . ~ ~"eE ~ - \ f- LD 136/2002) ..... r.:.. / J ~ 8 , 1 ~ ~ I .S ~ - € A #. I. ~~ U ......... ,. Auburn Lane ( ....., I - (.Iov. / ~ / ~C ): r Ov. '/1 I Hemmingway Drive / / J / I I- \ --- \ \ u~ IJ L /1.<1 It{ s,+~iI I - W~E .- ~--' ~ CD - " :r , 1: ::I -- 0 s I (J II 'ti =:l _f "I- ~J ~~ r .. ::I e 'l- .. I DATE: September 19, 2006 I- DRAWN BY: E.L. mites; Go Bloo~~t. '=1 -Ii m;~rl '-11 I REPORT EGD-47-06 J r1lcouRT,CE '-- t KEY MAP ATTACHMENT NO.1 7 6 !!!Ii-II -c;; , G:\Attachments\A.UbumLand!ivlSions.mxd ClNilJgton REPORT ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 2, 2006 Report #: EGD-49-06 File#: By-law #: Subject: COURTICE MillENNIUM TRAilS -COllABORATIVE AGREEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-49-06 be received; 2. THAT Council authorize the Mayor and Cle"rk to execute the Collaborative Agreement; and 3. THAT all partners in the Collaborative Agreement be advised of Council's action. Respectfully by, o~~~ Submitted by: Anthony Cannella, C.E.T. Director of Engineering Services Reviewed by: Franklin Wu Chief Administrative Officer ASC/PW/dv September 26, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 717 REPORT NO.: EGD-49-06 PAGE 2 1.0 BACKGROUND The Courtice Lions Club will be applying for an Ontario Trillium Foundation grant to make improvements to the Courtice Millennium trail project. The original Courtice Millennium trail project was constructed in 2000 and included wood chip walkways, interpretive signs, benches and boardwalk. The project is located primarily on municipal land. The trails link the Courtice High School, the Courtice Recreation Complex and North Courtice Public School to surrounding residential areas. 2.0 ONTARIO TRILLIUM GRANT APPLICATION The grant application is focused on the following improvements; -improve the accessibility of trails by converting all trails to a limestone surface -create a bridge over the Black Creek to make a direct connection to Highway 2 -construct additional boardwalk and move the trail away from wet areas -install additional interpretive signage and benches As part of the Trillium Grant application the Lions are forming a collaborative agreement with other organizations that have an interest in the project. Most of the work will occur on Municipal property and the largest single element of the project is the construction of a pedestrian bridge over the Black Creek. Since it will be constructed on municipal property it must be tendered through the municipality's Purchasing and Supply Services Division. The municipality will also provide assistance with the overall project direction, design, and ordering of materials. 718 REPORT NO.: EGD-49-06 PAGE 3 3.0 COLLABORATIVE AGREEMENT The collaborative agreement prepared by the Courtice Lions Club is attachment NO.1 to this report. It outlines the roles and responsibilities of the collaborative partners as well as the process for making decisions. The Municipality will be responsible for all aspects of bridge planning and construction using funds from the Trillium Grant. A small entry feature at the Highway 2 trail access point will also be part of the project and would also be eligible for Trillium funding. Attachments: , Attachment 1 - Collaborative Agreement 719 ATTACHMENT NO.: 1 REPORT NO.: EGD-49-06 Updated Version Sept 28.06 Courtice Lions Millennium Trail Project COLLABORATIVE AGREEMENT Between The Courtice Lions Club (Lions) Friends of Second Marsh ("Friends") Ontario Power Generation (OPG) Clarington Accessibility Committee Courtice High School Central lake Ontario Conservation Authority (ClOCA) Durham land Stewardship Council (Stewardship Council) Municipality of Clarington Project Background Millennium Trail incorporates approximately 4.8 acres of early successional meadow, a mature woodlot, a valley and floodplain associated with the Black Creek and 1.5 to 2 kilometers of trails. It is located in the Municipality of Clarington, between Nash Road and Highway #2 to the north and south and Courtice and Trulls Roads to the. east and west. Refer to location Map, Figure 1 in the proposal. Within this block are the Courtice High School, Courtice North Public School, the Courtice Community Complex which includes a library, pool, fitness centre and dance academy, Parkwood Village and Nantucket Condominiums of an estimated 300 residential units. There are more than 1500 students attending the schools. A skateboard park may be added to the Courtice Community Complex in 2007. There have been significant impacts to the trails and the natural heritage features of this area from vandalism and misuse by some members ofthe community. This has reduced confidence of the local community in using this important resource for walking, wildlife viewing and passive recreational purposes. Improved amenities, accessibility, environmental enhancement and education, community stewardship and safety issues will be addressed through the Courtice Lions Millennium Trail Project. Name of Collaborative The Courtice Lions Millennium Trail Project Collaborative Names of Member Groups 1. The Courtice Lions Club (Lions) 2. Friends of Second Marsh ("Friends") 3. Ontario Power Generation (OPG) 4. Clarington Accessibility Committee 5. Courtice Secondary High School 6. Central Lake Ontario Conservation Authority (ClOCA) 7. Durham Land Stewardship Council (Stewardship Council) 8. Municipality of Clarington 720 Purpose The Collaborative was formed to assist the Lions with the implementation of The Courtice Lions Millennium Trail Project to enhance the existing trails for; - improved accessibility by an additional entrance and pedestrian bridge over Black Creek linking an existing parkette on Highway #2 to the trail system, - improved access to public transit on Hwy 2 - enhance the health of Black Creek and its surrounding landscape through an environmental community stewardship program, - provide opportunities for healthy lifestyle choices that reduce the use of cars to access community facilities. - incorporate environmental interpretive signage and trail amenities like benches and garbage receptacles. - Improve surface of trails to make wheel chair accessible. A new bridge, well defined entrances and improved accessibility of the trail to wheelchairs, strollers and the general public will encourage community residents to use this area to access existing facilities as well as provide passive recreational opportunities. The interpretive signs will present a variety of environmental messages, incorporating the curriculum requirements of adjacent schools and involving the students in their creation and installation. . Students, families and youth groups will also be involved in trail, creek and restoration activities in the area, including cleanups, plantings, habitat creation, trail construction and the incorporation of trail amenities. By engaging the community in hands-on activities, we will develop a stronger stewardship ethic and ownership of this area to reduce vandalism activities. Outcomes of this project will result in a dramatic increase in the public enjoyment of the environmental and recreational features of the trail and the surrounding area. Decision Making Process The total project could encompass multiple years. This first Trillium Application will be for a single year 2007 and the collaborative agreement will be revisited after the first grant is completed and all reporting requirements have been met by the Courtice Lions Club. Eight organizations make up the committee, the quorum number is five. In order to assure that a quorum is always at a meeting the regular attendees will arrange for a substitute from their organization if they are unable to attend. If this is not possible they will call the Courtice Lions Club. 721 If any decision cannot be made with a 'consensus process: it will be necessary to reach a decision by a majority vote. In order to reduce meetings the Courtice Lions Club may poll the members or the Collaborative Committee, by internet, on any item that requires authorization of the Collaborative Committee. If a unanimous vote cannot be recorded a meeting will be called. The Courtice Lions Club will only apply for grants if so directed by the majority of the Collaborative Committee. Roles and Responsibilities of Collaborative Members 1. The Courtice Lions Club will be the lead applicant, taking responsibility for the management of the project and speak publicly on behalf of the committee. The Lions Club will sign the Letter of Agreement, accept the funds and assume responsibility for fiscal accountability and all reporting. . All expenditures and revenues will be recorded and invoices paid only if authorized by another organization of the Collaborative. Cheques written on the Lions Trillium Account will require two signatures, designated by the Lions Club. . Monthly progress reports will be issued. . To actively assist Courtice High School to achieve their documented responsibilities. . . To form a committee with Courtice High School, Durham Land Stewardship Council, C.L.O.C.A. to enhance Black Creek water flow . and bank improvements. 2. Friends of Second Marsh will be responsible for the direction of the programs. 3. Ontario Power Generation will be responsible for the direction of the programs. 4. Clarington Accessibility Committee will ensure all possible steps are taken to improve handicap accessibility. 5. The Courtice High School will be responsible for all aspects of the Trail improvement, signs, benches', material purchasing, equipment rental, etc. as authorized by the Committee. Serve on Black Creek Enhancement Committee. 6. Central Lake Ontario Conservation Authority (CLOCA) - will ensure all regulatory and permit requirements under the Conservation Authorities Act are met for projects related to creek restoration and the bridge installation. Additional technical advice will be provided to support terrestrial and aquatic enhancement projects and designated staff will participate on the Black Creek Environmental Enhancement Committee. 7. Durham Land Stewardship Council will chair Black Creek Enhancement Committee and will assist in local publicity for community events and provide supportive educational materials. 8. The Municipality of Clarington will be responsible for bridge planning and construction plus the entrance from Hwy 2 as authorized by the Committee. 722 Signatures of authorized members of each group and Municipality: The Courtice Lions Club (Lions) Friends of Second Marsh ("Friends") Ontario Power Generation (OPG) Clarington Accessibility Committee Courtice Secondary High School Central Lake Ontario Conservation Authority (CLOCA) Durham Land Stewardship Council (Stewardship Council) John Mutton, Mayor Patti Barrie, Municipal Clerk 723 ClNJlJgfDn II REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: OCTOBER 2, 2006 Report #: OPD-011-06 File#: By-Law #: Sllbject: PESTICIDE REDUCTION IN CLARINGTON %' RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-011-06 be received; 2. THAT Council direct staff to facilitate consultation sessions to involve residents in the development of a program that could minimize the use of pesticides; 3. THAT the Municipality champion a Pesticide Education Program in consultation with all interested stakeholders focusing on sustainable horticultural practices as an alternative to chemical pesticides; and 4. THAT Council request the Federal Minister of Health to expedite and expand programs dealing with the reduction of cosmetic use of pesticides in residential and commercial eas. Submitted by: ReviewedbQ ~ - ~f'k Franklin Wu. Chief Administrative Officer FHlwc CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 263-2292 F (905) ~3 801 REPORT NO. OPD-011-06 PAGE 2 1.0 BACKGROUND: On June 28, 2001, the Supreme Court of Canada released its decision with regard to the banning of pesticides in Hudson, Quebec. In its decision, the court upheld a municipal by-law enacted by the Town of Hudson, Quebec to restrict the cosmetic use of pesticides in that community. The decision is important because it confirms the authority of municipal governments to regulate matters that involve the general welfare of the residents. The Town of Hudson enacted By-law 270, a by-law to restrict the use of pesticides within the town limits in 1991. The Supreme Court also found that the by-law did not conflict with federal or provincial legislation. The issue of pesticides is complex with diversity in public opinion and programs being used. There is no simple answer. Many municipalities have adopted programs that have reduced the use of pesticides on public land. The Integrated Plant Health Program targets not the pests, but the health of the plants and the soil using preventative techniques aimed at ensuring healthy, rigorous plants that are less susceptible to pest infestation utilizing pesticides as a last resort. A pesticide is defined as a chemical or other substance used to control plants and animal pests. Cosmetic use of pesticides is the application of pesticides for aesthetic or appearance reasons only. Pesticides include weed killers, slug pellets, fungicide sprays and animal repellant insecticides. It should be noted combined fertilizers such as weed and feed would be considered a pesticide. Pesticides are controlled and regulated by Health Canada and the Ontario Ministry of Environment. These bodies, using risk-based analysis, 802 I:GPA Reports 2006\OPD-011.Q6\Pesticide Reduction in Clarington REPORT NO. OPO-011-Q6 PAGE 3 determine if products can be used in Canada and subsequently the Province of Ontario. Through the Ontario Ministry of Environment, they regulate by establishing a number of pesticide categories specifying application and vendor requirement. 2.0 PEST MANAGEMENT REGULATORY AGENCY The Pest Management Regulatory Agency (PMRA) regulates the import into, sale, and safe use of pesticides in Canada at the Federal level. The Pest Management Information Service is a Federal Government initiative to provide information on pesticide regulation and registered pesticides. The service has been available to Canadians since 1984 and operates under the PMRA. A team of Information Officers is available to respond to inquiries about the federal pesticide registration process in Canada, federal regulations, Canada's initiatives in the area of pesticides and pesticide labeling and safety precautions. On September 27,2000, PMRA announced the priority evaluation of the eight most commonly available lawn pesticides. This re-evaluation uses modem scientific standards to determine their continued acceptability for registration and whether any changes need to be made to the conditions of registration of these chemicals. The re-evaluations are completed for four of the lawn pesticides: Insecticides chlorpyrifos, diazinon, malathion and racemic mecoprop are being phased out. The re-evaluation reviews for 2-40 was released on February 17, 2005, and the two remaining herbicides dicamba, MCPA are targeted for 2006. When evaluating a pesticide, the PRMA has access to the available scientific information on that product including laboratory, epidemiology I:GPA Reports 2006l0P0-011-oo\Peslicide Reductioo in Clartngton 803 REPORT NO. OPD-011-06 PAGE 4 toxicology studies, scientific reports and more. No other group or organization currently has access to all of that infonnation. This allows PMRA to conduct thorough scientific assessments to determine if a product is safe for use or not when used according to label directions. The PRMA also detennines allowable uses, doses and other label instruction for each pesticide product. It also should be noted that PMRA conducts specific risk assessment for sensitive sub-populations including children and takes their unique physiological characteristics and behaviour into account. A new piece of federal legislation Bill C-53, The Pest Control Product Act, came into force in July, 2006. Under the new Act, the Federal Minister of Health is now obligated to initiate a special review of pesticides that contain active ingredients which have been banned by other member nations of the Organization for Economic Cooperation and Development. due to health or environmental concems. Once the Minister initiates a review, the onus is on pesticide manufacturers to provide evidence that their products are not harmful. It is important that Council request the Minister to expedite and expand programs dealing with the reduction of cosmetic use of pesticides in residential and commercial areas. 3.0 REGION OF DURHAM HEALTH DEPARTMENT The Region of Durham Health Department addressed pesticide regulation in their correspondence to the Health and Social Services Committee March 29, 2001. The Region felt, at that time, and concurs with those today, that a comprehensive legal framework already exists to regulate the manufacture, sale and use of pesticides. In general, environmentally concemed municipalities continue to take voluntary action to curb or stop the use of pesticides to control weeds in part by adopting an Integrated Pest Management approach. 804 I:GPA Reports 2006\OPD-011.{)6\Pesticide Reduction in Clarington REPORT NO. OPD-011-06 PAGE 5 It should be noted that none of the area Durham municipalities are considering a municipal pesticide ban. Scugog recently approved an integrated pest management policy which has been in effec1 in 2006. 4.0 LINK BETWEEN PESTICIDES USED FOR ORNAMENTAL PURPOSES AND CANCER Studies in peer review journals indicate that there may be a link between exposure to some components of pesticides and an increased risk of some types of cancer. Studies have also linked occupational exposure to certain pesticides with prostate cancer, kidney cancer, brain cancer and lung cancer. However, scientific research has not established a firm link between environmental exposures to pesticides in individuals. According to Health Canada, it should be noted that only pesticides that are proven not to pose unacceptable risk of cancer in humans are registered. Health Canada, in partnership with the Public Health Agency of Canada, continues to monitor, identifying the trends and the risk factors, developing programs to reduce cancer risks, and undertaking research to evaluate risks from the environment and behaviours. The Ontario College of Family Physicians is strongly recommending that people reduce their exposure to pesticides wherever possible after releasing a comprehensive review of research on the effects of pesticides on human health. According to one of the authors, many of the health problems are linked with pesticide use are serious and difficult to treat, and they are advocating reducing exposure to pesticides and prevention of harm as the best approach. The College's overall message to patients is to avoid exposure to all pesticides whenever and wherever possible. 5.0 IMPLICATIONS OF A PESTICIDE BAN As Council is aware, the implications of a pesticide ban are challenging. Many people take great pride in maintaining a green lawn and residents could be impacted by a by-law restricting their ability to deal with I:GPA Reports 2006\OPD.Q11-ll6\Pesticide Reduction in Clarington 805 REPORT NO. OPD-011-06 PAGE 6 maintenance ontheir own property. Pesticides are legal products and a ban may drive usage underground. If a by-law is brought into place, the By-Law Enforcement Division would require additional training as well as staff to enforce such a by-law. As municipalities are struggling to limit the use of pesticides for beautifying home lawns and gardens, the question of voluntary measures such as education and marketing is being considered over an outright ban. It is important to note that according to a "Best Practices Review" by the Canadian Centre for Pollution Prevention, education and outreach programs alone, while more popular, are far less effective in reducing cosmetic pesticide use. By-laws supported with public education result in a greater reduction in residential pesticide use than education programs alone. The Clarington Agricultural Advisory Committee has expressed a concern about a possible municipal pesticide ban. They understand that under most municipal by-laws dealing with pesticides, that the furtherance of a normal farm practice carried on as part of an agricultural operation would be exempt. They however are concemed about buffers between farm and urban areas, as well as the fact that the Canadian regulatory system is the most rigorous in the world. Farmers are constantly innovating to minimize pesticide use and crop protection products are usually professionally applied. Correspondence from Ted Watson (Attachment No.1) is attached for information, including articles on good healthy plant life. The impact of non-pesticide use in the Municipality has been mainly on non-turf areas, but will become a concern once a full turf restoration program comes into effect. At present, staff clear weeds in BIA areas and parking lots two and three times a year. If herbicides were used, this 806 I:GPA Reports 2006\OPO-011-OO\Pesticide Reduction in Claringlon REPORT NO. OPD-011-06 PAGE 7 . could be reduced by over one half. The use of a sealer in the interlock section might reduce the weed growth by twenty per cent, but the main concentration of weeds is still in the expansion joints betweE'n sidewalk slabs and between curbs and concrete\asphalt. At the present time, sport field conditions are adequate. Our restoration program is underway which includes regular aeration, topdressing and overseeding the fields and this will have a positive effect in crowding out many weed species, such as dandelions, plantain, and chickweed etc. The problem this will produce is providing a fertile bed for the most persistent weeks such as field bindweed and clover black medic, which grow in the high traffic areas like goal mouths and centre fields. The use of alternatives has been tried numerous times. Aquacide\hot water is safe for the soil environment; however, it is extremely slow because each individual weed has to be burned. Beet juice and com gluten is a fairly decent fertilizer. but puts a formidable barrier for grass seed making the process of overseeding a waste of time and money. 6.0 EDUCATIONAL PROGRAM The Operations Department has information on the Clarington Website for professionals and landowners. This includes the following: . Best Practices for Lawn and Garden Care . Lawn Alternatives . Frequently Asked Questions . Organic Lawn Care The Municipality must take the lead role on increased public education on the need for or use of pesticides and alternatives to their use. The Operations Department will be exploring the following for 2007 and 2008 pending budget approval: 1. Seminar - Healthy Lawns, Healthy Gardens 2. Healthy Lawns and Garden Guide 3. Healthy Lawns Seminar with Commercial Vendors 2007 2007 2007 I:GPA Reports 2006\0PD-011-061Pestidde Reduction In Clarington 807 REPORT NO. OPD-011-06 PAGE 8! 4. Easy Lawn and Garden Care Natural Alternatives to Pesticide 2008 5. Update Information on the Clarington Website ongoing 7.0 DEVELOPMENT OF A MUNICIPAL PESTICIDE PROGRAM In order to develop an overall pesticide strategy for Clarington, it is suggested that the consultation process include the following: . Media Releases . Website Update and Feedback Forum . Inviting Focus Groups to Comment . Review of Feedback and Recommendations from the Public No Later Than December, 2006 . Report to Council with Results and Recommendations by February, 2007 8.0 CONCLUSION There is a growing movement by residents to demand higher expectations for those managing pesticide. Staff continues to incorporate alternative products and methods into their Plant Care Program. The blanket application of spraying parks and trees is long gone. Integrated Pest Management is an environmentally friendly approach using cultural, biological, physical and mechanical methods. In the end, we may have to adjust our mindset on what we think is green and healthy and less reliant on chemical products, but better to resist damaging pests and unwelcome weeds. Attachments: Attachment #1 - Letter July 24,2006 from Mr. Ted Watson 808 I:GPA Reports 2006\0P0-011-o6\Pesticide Reduction in Clarington .~.~ '. ATTACHMENT NO.: 1 REPORT NO.: OPO-011-06 I\GENO~ Ted Watson 1683 Maple Grove Road Bowmanville. ON LIC 3K3 905-623-4934 ,,.:v '- -~ L;1 ...., Mr. John Mutton, Mayor ofClarington 40 Temperance Street Bowmanville, ON LI C 3A6 .LARlkGlON ... ~. OFFICE Dear John As I mentioned the other day that it concerns me greatly when decisions are made based on public opinion and not good science. I am referring to the council decision to have staff review the use of cosmetic pesticides when there is probably no person either on council or on staff has the expertise necessary to make this recommendation The Pesticide Management Review Agency or PMRA for short is the federal agency responsible for registering all pesticides. They review exhaustive studies to ensure that the pesticide is safe to both humans and the environment and effective as a pesticide before a new product is released. In addition they periodically review previously registered products to ensure safety. PRMA has a call line at 1-800-267-6315, which will answer any questions or concerns. It is not my position that concerns should be ignored as every once and a while product restrictions are changed for safety reasons. These decisions should be made by experts who are properly qualified. In my humble opinion concerned individuals should be directed directly to this agency not dealt with by local councils. Unfortunately many people look at only one side of the equation and as a result miss the benefits of a good healthy plant life. I have included several articles on this matter. While talking with PMRA on buffers between farms and urban areas I talked to Shawn Develin at PMRA. I believe his expertise has to do with human effects and his direct line is 613-736-3849. He might be worth a call. Another source of information for staffmight be Jackie Fraser, Executive Director of AGCare in Guelph. I am told she has talked to councils and staff with regards to this issue, She can be reached at 519-837-1326 or ifraser@a2care.onz Please make this decision based on good science not public opinion. Yours truly, Ted Watson Cc Gord Robinson Jim Schell 809 Ur,.:Jr-1 ~ Ii:'. r,oo-rLAftl r;VUUCIS 7939632 T-U2 P.D/lts F-554 A SCIENTIFIC VIEWPOINT: Dr. Thomas L. Watschke . I Turfgrassesl CaR Safel, Clean Our Water Supplies , FiDdIDIl: w_ I1IIlIlini of!: or pusilI& throUib . well lIlID8Setl IaWll Is lJCIIllkr:I1 Ul be of signifiAlllly lower qu!WIy_dIe lap w.... .vaDoh1c ill _;dtieo. J'1DdiD12: Most dlemicIl& aWIled tJ IUd. pus are trapped wilbiD 1bf: 1h.-:II aDd rooI2ollO ...... of lbc pI&Dt IIIIjl do IIOt oem- __ ........ supp\loL I FID.... 3: La...... _....+ wi1h _ pus sod 8ft up '" IS ~ moR efleo- ~w iD <lOIlIn>IIiDI nmolfj dIaD .- ..lablisbcd Ia....... ""OIl ~ dueo ;y-.. Fears of IddiDJ 10 ow ~ _ from bomDowDcr or COlIIIIJOrF:iaI \awDcare arc IfC8l!y IIIlfounded over_'*' based OlIlbc RSUIa of. -y_ mKIy or....., quality lmpacl . 1110 PCll1ll:YIv.... Sale U . . 10 lice. ... rcsuIu ibow _...u lIIIf_ lIave wry UUIa nmolf vInuaJIJ DO polCIIdaI too c:bemicaI . . =:..-~-..'" --:: very prl>IIlisq. 1'lmded III IarJc IIICU bIlhc u.s. OcoioJllcal-..,,1bia -- ill 1986 '" eummc tho ... quaH\y im- pact otpcsdddcs aDd ...m la ... wt>aD JaIld" "1'1, A Illall 9 _ pIals. wilb oIopco rangiDa from 9 14 perc:aIll ...OR ~ Iilr die SIIId)I W.ter NIIll1r and laacbaIe npplq IDCaSUriJII cleviocs _ iDstaUed OIl plol, f0l- lowed by Ibo ......n..w. of . c:aI it:rlp- 1illII1)'IWIII aad aol1 .~ A so- pbioticalecI anay of~ ~ ODd --'.H.... <OJDPIIICJ ~ wac -1I;I1IlOIlilo:tlD8~"'- .= ucI ~ ...bat .....1I!kiDI pIao:e ... cscb _ pIor. I -. 1bnc of 1M pIoU """" l.eeded _ . lIlix..... 01 Kcaau:ty bl....b.tp... ... rycpaIftIIc fIsl:ac. ~ .... ~ wore seeded wIlIl . ..~.. mb eI llIlII1IaI r;yc, _ ~ bIuop-. IUlII croepiDa red fcscac. 'IIIlc fiDaI tine ItS pIoIs were "",,"red w!dl irbree-ycar~ aufJrass ood JrOWIl from ~ bImI qlloo pcrcaIl ccnified ~Ibloc:" HI. Tbe pIoII ...... ~ wcckI1 . . hei8bt of two iIx:IlasaDd JIvioa- -.sa! """--ofpcati~iD .c:cordancc wIlb Iabd ......... Alta ~ lnipIlila...... oppIiad ollly wbao !be Ileed III ...... n.:4I_ ocb_ (lWO days _!tIIc ~....... bid beea appIIed). i ! 1luDG<< It..... To exammc ... ~I effc<:ls ofllllf 011 __ quaIily U . _ fill lWlOfI, . Pcml StalIt .....,..,.,.,.. uood . canfaIIy CODttOIIcd irripIioG .y....., III unIfonDIy 1fPI1__ot_tollle_ ..... Alrt:c faiIiq '" obtaiD _ lIla .u,-. amouaI fill NDDIf Iiom !be ood- ded _ wilb inipIioa Ww..ov- equal '" . 3-1Ddl per haar ... doe lIY*m _ revamped to ...... . ~_ per -.. 0lSI- pill iD ordw to be able to _ _ from sodded sIq>c:o for <boo1i",,1 malysia. ~ 10 niDfaIJ pnlbabililJ dill. . siz-iDdl par hour IIIOIIIl ill -.J ...... a;ylvaala II DOl Jikdy III. ever o<:cw. CBAllT J: Rt.lNOFF. ... l*I .ppIIId 21 ~ 10 pmIJ I . I . 5 8.1 o a..- ClIftIoOI.'I .. (4.._ t..... t( rJJN#"""'''' .. .."".. COM'.~f'q1PV ........ Tbe IOddod _ pIoa provod to .. 15-IImes.we eft'ocdva dwt eitIlo!r of die aaeded pIoa at CllIIIIIdIIDa III1IIIIf. 0alJ 0.'" of all fill... _ applied ..... coJ. _ _ _ _ lIIe __ .... wbila 13.'" laD 011 .. .. --" padc 8ClClIod ... ODd 11.6" .... off Ibc __ -. ne 15-fdcI_ nmoIf CHART D: 00II11'01 IdvomaJc for Ibo sodded sIopa bu .iJllific:aDt U1Viroamclllal ImpUcadoos -...., __ wauIol aIoo be_likcIihoocI _ dlc w_ ...,.,)d c:oallllll iipUlcua __ of le<Iimcal. cbcmi..Js or oIber polaltiaI pon_ Lead1aIe coIkctioa c!cvk:es were olIO aoed to captUh w.... pcrcolam.& lbroUJb Ibc aol1 to doIamiDc ill cbomicaI COllI> ~. CIou Raaolf Diocovared WbelI UIlIIyzlDa lbc _ aad leach... al ODe pan par biIIioa (aqualto ODO ..... JX>OII of IIIpI' ill 1,3 milliaIl pIIoas of cof. r...), racan:bcn fOlllld aImoot DO detect. able IIlIOUIIlI of !be eiJb' peallciclea IIId alllriculll!tat Ilad been applied ID the Nrf. 10 faa.1II& VISI ~oril1 of !be _, tile """''''a1, _ DOl evetl deMcted or wan bcIoor IIlc fedcraI dritlIaac -1I&IH\ant (.... Out 11). WIlIle _ arc DO fecIenI driIlId.a8 .......1IIIDdanIo to< _ of lIIe cbemic:als Qnd......... IIil<M by Nt 10). IIlc nmoff aDd IcacbaIC saqIes JCIlCnIIY _'-' less potU...... .... Ihc IrrlptioD ..._ lba was 1I8IIlI.. TbllsecmslO funbor m_ Ibc If" pIaol', ~lty to Inp alId bold maay of tbc~l. dial . SOUDd IIsrf ~_ oc:baoc would require. It is also ~ IlId to I ~ilW- r \~, chat. the water l8lIlJl!ea &IIIIyzed were YirtuaIIy conected in. shuadon ::~ ID "auHlde". 10 . 'lnaJ-Jifen CDDSidenbIe I1IDOtf' ... fnlID llIIIar __ would already be ill tbc _ wtic:h WOIIIclIelDll ill aipifi. ... ~ of a1reIdy low ..o....e..b.odOlll of 010-.." .......... Ap,- 'L.. elllD..... W'b-. , A. -I wiIb .. GIber baWD I'i__ FecJonI NlmdIar eI N...... eI Da1aa IIeIow ~QA- ~ Sample Daaa Hat DrtDIdtiB WaIm' Pilei. W_ LlasM Dataa Dat8cUIlIa LImII NfIme.N 10 JlIIIII 29 1 21 1.4-D 100 .... 24 10 20 p. ~ 110 ". 2A . D. ~p MIA 2!1 9 N1A PIlws..... HI" 29 1 NtA ....... ......1. MIA 24 Z4 N1A 2.4-DP NlA Z4 J2 N1A OIo.I'Z- HI... Z4 24 HIA 1 810 02-A.r-ll 12:12 ~r....PlANr PlOT/leTS 7!I39631 anr.'bu1eS of lUrlgrass 8UC~ as COIlvmioo kl5a II COlISII'UCtioo OQ, fimn fickb IIIlI of parbon dio1.ide 10 Oll)'ieJI, c:ooIiJls ef- Ilipway riibla-d-""" fccts. cntrapncol of parrlcw- polluliaa WhiJc additioaoJ raun:h ia reqaiJa!1o aM reductioD of _ * sJ-n. rurf'. de1ermiae lbe surDce uas of tarfpass wllC:l' filrerina ""P"cilies jmab it . Vf1rY ~ III boa &eM ill pwpooea CD good candidart for addiIioDaJ ... u~ vanClll ooiI Iypco, JI'adcs wi JIIIlInl! improvemem projeca. ! IUJllIff amoums, <08Sidmb1l: propsa Is Direcrml urbul nmotr wa/ctI """'" beiDc made ill recosrUziaIlbe IDUI)' UIIique IUrf and pow'bly iIIIo ~ coven:d basiaa capabilities of 1hc aocminaJy simple IIUI could provide JIOl OII1y . f"'" ....._01"1 pIam. effect, b.ll aIJo BSSisI iD: I What baa boa! riP. oDder ou feel fm .. flood <OIll1OI UKI dicrcby . rclaled maD1 years iJ bql.u';"11o be ncopized reduction of wUte ..Iller lr_ fadli. for !be COll1ributiom II = mab II .. ly requiremeau;! proviDa our OIlvirollOJODL lwI.. it is lIIIlII b. poDutiOD control rJ.m parkiDllol wOO ia l:RIIIiDc coviroamemal problema, and/or llIlimaI feecIIor ~tf _; ..... it wi11 be., II> _ II> _ ......~ c. reducliOll of ailtatiPa IlId 1OpIOII and properly UIC lbc toola of ....;."'-C4l .i1furfgr~~!~~s ~ ~~~~.. / , THE CtXiLING EFFECT OF ABOUT 70 TONS OF AIR CONDITIONING-THE AVERAGE HOUSE-SfZE CENTRAL AIR UNIT HAS A 3 70 .. TON CAPACITY. T-132 P.D8/01 0-564 improvtllllllll we bBvc 8v8llablc III III, p.1lI'- licWarl)r "'fa.. ".. -~_D..n- 'LII'_...~ .,..llu.Pw_o1S7M 1'<IfIIS'Jl_ .fmw (1nl- '"'""" t-.-.,. Pm. 1'<IfIIS'Jl_11I1rr/w Dirn2Nqfl1ae {-~J~_ ~. . UllftGrUlcI&l RcUllrdt . ~... c".",., ...". At UIIII'- - "'" ...- ... "-D(~tr-~.. ........ ".... CdItt,. t( ~ 111 ". puI-p .,1~ 1f"".VtJrd- ~,. 1'''' ~ -..,. -' - .... <f"'" 7lo1.It- llivUIoft qf1lot.-...-.I'oriof)'.,..~b._.. "" -... -' ...- ....,..,...a.'Ib1u at P_ SIaN. ""... _ taII...,u. _u.."", rIw 1ob/<cI.,.......Md.". in... ..~_ GRASS BLADES TAKE IN CARSON DIOXIDE ANO THE WORST . ATMOSPHERIC f'OU..UTANTS TO GIVE BACK PURE OXYGEN. GRASS AND SHRUB8 AI.CWG INTERSTATE HIGHWAYS Rl!UASE ENOUOH OXYGEN VIA PHOTOSrnTHES/S 70 SUPPORT THE NEEOS OF 22 . MII..LJON PEOfOI..E. 2 811 u~-A'r-l' It:1l9 <,oo-PL'./H PlOllLCTS rSl9E31 T-lll P or 1=-554 In Praise of that Darned Grass (that Always Needs Cutting)! As one of Nbrth America's fastest growing hobbies, gardening bears greater fruit than simply theFc\peutic relaxation that is fun tor the whole family. Does that mean there is more to garjjening than lawns, flowers, trees, fruit and vegetables? You bet! G8rdening1. one of the few pastimes that actually improves the world in which we live. Hobbies a generally selfish pursuits, usually enjoyed by individuals and their immediate 'ends and family. How many hobbies can legitimately claim to improve the environme~ and indeed the countryside? Gardening certainly can. Gardening!provides exercise and has a therapeutic effect on the mind: As a form qr physical exercise, gardening is good for the body. Whetf1ef pushing a lawn mower, digging a vegetable garden, weeding the fIooNers or raking a lawn, vigorous . physical aqvity is involved. Furthermore, the activity usually lasts for more than a few minutes ~n~ of course, the activity Is outside, surrounded by fresh air. There is also mental sti~lation. One normally thinks or the task at hand, Instead or the problems earlier that !:lay. Think about It You may be stressed after a long day at work, but after twenty mlnVles in the garden, you don't really think of the problems of the workday. Once in the! garden, the mental and physical stress levels drop significantly. Gardens tend to help the healing process: Some rese~rch indicates a strong correlation to a shortened recovery time after an operation, fpr patients whose rooms overlook a park with lawns and trees. The 5tudies compared l/1e recovery time of patients who underwent the same operation. in the same hospital. TtlOse with a View of the park. recovered laster than mose WltIIOut a view. Nursing hol"es are also using gardening as an activIty for the elderly. Gardening Is not necessarily! an outdoor activtty. Those involved with the gardening programmes often appeared l1' better enjoy their lot in life and looked foIward to the ac:livity. It gives them Ii sense or ~rpose and accomplishment. Studies also show that mental stimulation is an important ~clor in helping to minimize the effects of conditions often associated with old age. I There are Important sociological benefits to gardening: There are numerous examples of inner-city gardening projects such as The Oakland Tree Task foroe in Oakland Calif. and the Philadelphia Green programme. In Oakland. local resid;:ts were Org. anized to plant trees in the neighbourtlood, with aid coming frOm a local. citiz group. Much or the work was performed by residents. Not only did It help to beautify e community, but It brought people together. Now there was a sense of communityJ or shared ownership and commitrn<<lt. Other inner'reity projects have had a simHar impact on their cities. Gardening projects, tree planting. painting, 01 fix-up parties give the residents a sense of community 812 01-Aor-11 11:UO .rOO-PlANT P~OJCTS TE39E3Z r-Z32 P.Dl/08 "-55~ involvemeni. The resultins community pride and sense of well-being helped to transform the otherwise depressed neighbourhood into a vital community. Lawns and turf provide a soft playing surface and help to reduce sport injury: Lawns and playing surfaces that are well designed and maintained are. safer t<;> p~y on. The turf prqvides a firm. level surface for the foot. It also helps to cushl'')Il the Jarnng to feet. ankles) and legs. Better footing and traction are to be found on gOOd turf. Bare spots a~ slfppery when wet and harder to land on when someone falls. Numerous studies show that a dense. well maintained turf playing field contributes to fewer sports injuries tha? synthetic playing surfaces and improperly maintained fields. One study ~howed that when a dozen eggs were dropped eleven feet and landed on a dense, 2-inCh high grass playing field, none broke. Two thirds of a dozen broke, when dropped frq'm the same height onto thin turf. All the eggs broke when dropped from just 18" onto an all-wealher track. Lawns areloxygen generators: A healthy Iclwo. commonly measuring SO' x 50'. generates a significant amount of oxygen. T.h~ better the condition of the turf. the more oxygen the lawn will produce. Collecti~,. these lawns can be a considerable generator of oxygen. In the United States, it iSleatimated that the grass and trees which ijne the interstate highways. produce e~ugh oxygen to support 22 million people. One acre ~ trees supplies enough oxygen to meet the needs of 18 people. According to the Americ;1n Forestry Association, a mature tree can generate enough oxygen for a family of fojlr. . They also l::ool our cities and reduce our energy costs: . The COOlin~ effect of lawns and trees has been a well documented fact for some time. The front ~s alone, of just eight average homes, can have the same cooling capacity as 70 tons~air conditioning. The average houSEHlize central air conditioner is 3 to 4 tons in the .S. were temperatures are slightly warmer than in Canada. By the same token. a Is e tree can have the same COOling capaCity as fifteen room-size (4000 BTU) air oonditiohers. . This cooll~ effect can be demonstrated in many ways. On a hot day, the surface temperatu" of a lawn remains at approximately 750 F, while the temperature on the sideWalk Of street can be wetl OVef' 100 0 F. It is not hard to see why it is much cooler to welk on a I~wn than on pavement, on a hot summer day. Oinect com~risons to air conditioners are not the only cooling benefit to be enjoyed. Ene~y sa 'ng~ ~f 18 to 50 perce~t ~n be ~alized when trees are planted dose to air condItion . budcbngs. ThIS reduction II'l cooling costs is realized most, when the trees stan to fin .put. at the age of 15 to 20 years. This reduCfion In energy usage may also have a direct impact on the carbon dioxide 813 or-~or-II 12:10 . F'....Pl.\fjT P;(I(;!.CTl 7!39!31 T-ll~ P OJ/OS ~-~a4 levels in the atmosphere, depending on how electricity is generated. By the same token, trees plante<l around buildings act as a wind break. Reduced heating costs of 4 to 22 percent hav~ been observed due to the reduction of wind speeds around buildings. Using less heating fuel in winter months also lessens the atmospheric levels of carbon dioxide and ;Other greenhouse gases. Lawns redQco noise pollution: Lawns. treel; and ornamental shrubs have a noticeable effect on noise levels in our environmen*. Blades of grass and leaves of different shapes, sizes and densities act as filters to a~ the sound around us. In one study, a particular variety of bluegrass was rated better at absorbing sound than a heavy carPet on a fell pad. Another study shows that grass planted on an upward slope, Ieadi/1g away from a freeway, can reduce the noise levels from 8 to 10 decibels. A row of treeS 100 feet wide will similarly reduce noise levels by a to 10 decibels. Trees and 'awns absorb ponutants from the air: Plants a~rb carbon dioxide during the process of photosynthesis. Simply stated, the leaf uses t~ carbon and releases the oxygen. It is estimated that one acre of trees will annually remove 5 tons of carbon dioxide form the atmosphere. According to the American irestry Association, a mature tree absorbs 26 pounds of carbon dioxide annually. T at is roughly equal to the pollution created by a car driving 11,000 miles. Age and v' our of the tree is an important factor. Comparing healthy trees, a 50 year old sugar mapl will annually absorb 120 times more carbon than one that is 10 years old. It is therefo~ critical, to property care for trees so that they can reach the mature stages qf tneir ute pyae. Dust and dirt released into the atmosphere by cars and industry are trapped by grass and leaves iof other plants. These trapped particles get washed off the leaf surface by rain and ~ter condensation. They faU to the soil surface where they can re-enter the living soil. I Lawns acti as a walllr filter: There haVE! been many studies conducted on runoff water from lawns and turf. Interestingl~, these studies report that there are few contaminants that IeI!Ich out of turf. In fact. IaWfls act as a sponge and actually hold the water that faUs as rain or is applied through a ~prinkler. According '0 research by Dr. Thomas L Watschke, Professor of Turfgrass Science at The Pennslflvania State University, fears of pollution from commercial or home owner lawn maint~lnanca are unfounded. During the studies. it was difficult to get any runoff from the tult, until the rate of irrigation was increased to simulate a 6 inch par hour relnfaU. /'oJ. this rate of watering, the runoff contained almost no detectable levela of the nutrients o~ pesticides that were used on the turf. They also found that the runoff water of a well managed lawn is fairly comparable to the tap water of many cities. The thatch layer and tJi,e root zone of the lawn trapped the chemicals Ihat had been applied and 814 .. -~. . "'"'' . "u",^, I ~ '539632 r-23~ p.a5!08 F-554 they did no~ conlarr.inate the water. Lawns havEt proved to be far superior to most other forms of vegetation in preventing runoff and fpr holding the soil. Maintaining a healthy turf is one of the best methods of preventing '!vater and wind erosion. Furthermore, the roots growing in the soil are one of the best wars of conditioning the soil. So even while the grass is prevbnling rtlnoff and soii erosion~ the roots continue to improve the soil in which it grows. Healthy turflhas many other important attributes such as its ability to reduce glare and reflected lig!1t. " is therefore easier on the eyes and less fatlguing for drivers, which in turn makes bur highways safer. A good fawn is a natural fire retardant. It even djscourage~ small pests and rodents from living next to houses. These examples are only a few q'f !he other benefits of a good lawn. This short~' icle is by no means comprehensive. It cannot possibly do justice to the attributes 0 a good lawn, nor the exhaustive studies that have been carried out by research p fesslonals over the years. HopefuUy. it will cause us to be more appreciative of the gree~ carpet that not only beautifies our homes, but improves our living environmenf at 1he same time. So feed your lawns and gardens. Take gOOd care of them and e~joy them both in the process. If the rest of, the family is lucky, ... perhaps... just maybe, _won't complain so much the next tlrr+ we have to cut the grass. . 815 . ,_, ........., 'r:'l.UlllAol,) 7!19f3Z T-Z1Z p.o6lOa ,-534 References Beard, Jam~ B. Even Tan or Brown Lawns Benefit the Environment. Intemational Spor1$ Turf Institute, College Station Tx. Beard, JamEis B. ScienCe Shows Turf Can Save Our Water Resoun::es. Texas A & M University, College Station, Tx. Crop Proteqion Institute. Pesticides: Home and Garden Use. Backarounder. Hull, Richarc! J. Psychological & Physiological Benefits of Greenspace. SDOrts Turf Newsletter December, 1994. Originally from Golf Course Manacement. August 1994.1 Based on an. address by Prof. Hull 10 the TUrfgress Section of lhe Crop Science Society of America Conference, San Antonio, Tx. October 1990. Pirone, P. Pj Tree Maintenance, 5th edition. New York: Oxford University Press , 1978. p. 3-4~ RISE. Pest;qides in Your Environment. Washington, D.C.: Responsible Industry for a Sound Environment. Roberts, Eliot C. & Roberts, Beverly C. Lawn and Sports Turf Benefits. Pleasant Hill, Ten~ssee: The Lawn Institute, 1987. . National ArbPrist Association & International Society of Arboriculture. The Importance of LalJ1ei Tree Maintenance in Mitigating Globa' CHmate Change. October, 1991. p.2-~. WatSChke, lihomas L. Turfgrass Can Safely Clean Our Water Supplies. The Penn~y1vania State University, University Park, Pennsylvania. Dave Watsoh Plant Prod,,- Co. Ltd. June 26,19~. 81'6 ___u. -.,.- ---........ ~'a..v.., I W' '" UilfUen lID pl'lU8e 01 tIlat darned grass. . ., IlGRI ' ~o ,.. /J~ :, ""L\ .~ "" ~ V.J I ., .Ii> ' "Oc,,.''''' l , \'\ -.J ...::,. ~~-~..t'... ",~i; ;........ - :'~ ~ ...~..... . <..~.:~f:i.~:~~<; '.:,;.;;/ .~;,. :;;;_"'~.::\~...i~:'_ -.: _-" '~:rx~t.~:." " . "- ~":..~. .~ , .. ..::.~.m< . i.:: : .',.,-"~::>' . .~... ---..;,. ,...~' ~.:-" ~~..~ ~.~ ~~~...... .~' a o a b Turf 6- Ga-vde-vv In praise of that cilarned grassl If you take a stroll ithrough your neighbourhood on a Saturday morning in the spring or summer, you'll see homeowners busy trimming or fusSing over the gr~en carpets of turf around their homes. Why do we tie ourselves to th~se seasonal chores? What do our lawns give back? Exerc;lse and rela'xatlon As a form of exerci~e, gardening is good for the body, whether you are pushing a lawn mo~er, raking the lawn, or weeding the ftowerbeds. Caring for your law.n keeps you outside and involved in physical activities. It's also ~ great way to switch your mental focus by concentrating on your gardening tasks instead of the stresses of the day. I . Green gardens h.lp healing Just a view of the garden may be all we need to feel better. Some research shows a ~rong correlation between wellness and a scenic view. Patients in the sarrje hospital, recovering from the same operation, recovered more qU'ckly when their rooms overlooked a park. Nursing homes also use gatdening programs, both Indoors and outdoors, to help residents retain a ~ense of purpose and accomplishment, and to provide the same mental c~allenges that appeal to gardeners of all ages. Please plav on t~e grass Lawns and turf pia Ing surfaces that are well designed and properly maintained help to reduce sports InJUries. The turf provides a firm, level surface for the foo . It also proVides better traction, and helps to cushion the impact on athl~tes' feet, ankles and legs. In one American st\Jdy, a dozen eggs were dropped from a distance of 11 feet onto a denSe 2 Inch thick playing field. NOne were broken in the fall. When a second dozen was dropped from the same height onto a thin turf, two-third$ of the eggs were broken. When a third dozen was dropped from a height of 1.5 feet onto an all-weather track, all of the eggs were broken i~ the fall. Lawns are oxyge" generators A hgalthy lawn, commonly m~asurjng SO feet by 50 feet (iSm by iSm), generates a slgnlflejant amount of oxygen, and the better the condition of the turf, the mo~e oxygen It will produce. The trees and grass that line the Interstate t;lghways in the US produce enough oxygen for 22 million people. i http://www.oabaon.j:a!praise.html Page I of2 4/1112002 817 - -0-- - --..""'-.... ~ ...................""'uvu I .l u.u. u. \JWUCU I w praise 01 mm aarnea grass. ~ ,') lawns are air purifiers, too. Dust and dirt released into the atmosphere by cars and industry are trapped by grass and leaves of other plants. These trapped par1!icles are washed off the leaf surface by rain and water condensatiorit, and return to the living soli. Staying cool! . On a hot day, the ~urface temperature of a lawn remains at approximately 750jF (240C), while the temperature of the Sidewalk or street may be well 'over 1000F (38 oC). It's not hard to see why It is I . , much cooler to wal" on a lawn than on pavement on a hot summer s day. The front law~s of just eight average homes will cool as much outside air as 70 tqns of air conditioning, or about 18 to 20 average- sized central air cohditioners. Lawns reduce nj'se pollution . Lawns, trees and 0 namental shrubs have a noticeable effect on noise levels In our envi nment.. Blades of grass and leaves of different shapes, sizes and densities act as filters to absorb the sound around us. In one study, one .J.arlety of bluegrass was shown to be better lit absorbing sound t~an a heavy carpet on a felt pad. Another study showed that grass /planted on an upward slope, leading away from a freeway, can reducje the noise of traffic from eight to 10 decibels. Lawns filter wa~r lawns act as a spol1ge, and actually hold the water that falls as rain or is app. lied through a~rinkJer. According to research done by Dr. Thomas . l. Watschke, profe or of turfgrass science at Pennsylvania State University, turf ca absorb all applied water until It was applied at a rate of six Inches per h ur. Even at this extre,.e rate of precipitation, the runoff contained almost no detectable level~ of the nutrients used to fertilizer the turf. The thatch layer and ~ root zone of the lawn trapped the fertilizer that had been applied, and revent It from being washed away. Based on this evidence, Dr. Wa hke concluded that fears of water pollution from careful commercial or home owner lawn maintenance are unfounded. His studies showe*hat the chemical analysis of the runoff water from II healthy and well- alntalned lawn is generally equal to that of the tap water of many citi . Maintaining a healt/:1y turf Is one of the best methods of preventing water and wind erosion, and while the grass is soaking up water, the roots are condltlo~ng the soli below. Fertilizing your lawn, follOWing label directions on he product package, will provide the nutrients your lawn needs to gro at a healthy rate and resist disease. A lush green carpet of healthy turf not only beautifies our homes, but It Improves our living/ environment. Feed your lawns and gardens; take care of them and ehjoy them, and try not to complain so lOUdly when It's time to cut that dal-ned grass. . . again. I _I http://www.oaba.on.l:afpraise.html rage L ot :l 4/11/2002 818 CfNillgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 2, 2006 Report #: CLD-021-06 File#: By-law #: Subject: Bill 128 - Marijuana Grow Operations and the impact on Municipalities RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-021-06 be received for information. Submitted by: ()~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLBILDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1101 REPORT NO.:CLD-021-06 PAGE 2 BACKGROUND On December 15, 2005 Bill 128, being the Law Enforcement and Forfeited Property Management Statute Law Amendment Act, 2005 received Royal Assent. The purpose of the Bill is, in part, to support a province-wide strategy combating the spread of indoor marijuana grow operations and the threat they pose to community safety. Highlights of the Act The Act affected seven different provincial laws. Generally speaking, the Legislation speaks to the following: . the maximum fines for offences were doubled to $50,000 for an individual and $100,000 for a corporation on conviction for a first offence under either the Building Code Act, the Electricity Act, 1998 or the Fire Protection and Prevention Act. . the Electricity Act, 1998 was further amended to allow distributors to shut off electricity to a property without prior notice if they have reason to believe that there is a condition in respect of the property that threatens or is likely to threaten the safety of any person or the reliability of the distribution system. . There were also changes to the Crown Attorneys Act, the Prohibiting Profiting from Recounting Crimes Act, 2002 and the Remedies for Organized Crime and Other Unlawful Activities Act, 2001 . The most extensive changes were to the Municipal Act 2001. The amendments to the Municipal Act 2001 came into effect on August 1, 2006. The Act requires municipalities to take action to deal with marijuana grow operations when the police discover them in residential buildings. Those officers or inspectors who are assigned to deal with the buildings must inspect them and take corrective action to make the building safe and to protect the public. The inspection must be conducted within a reasonable time. The Act is, however silent on what is to be considered a reasonable time. The Ontario Police College is in the process of working with the Municipal Health & Safety Association of Ontario regarding development of training protocols for both police and municipal officers. Staff recently had the opportunity to preview and comment on the initial training that MHSA is developing. As the protocols and procedures continue to be developed, staff will access the training courses and equipment provided. The Ministry has developed a draft document for the Notification Protocol in accordance with the notification requirements of the Act, to be used by the police in securing the premises and advising the municipality of the presence of a marijuana grow op in the community. This will help to ensure that, once police complete their investigation of a grow operation property, municipalities are notified and necessary steps are taken to have the building made safe for the public. 1102 REPORT NO.: CLD-021-06 PAGE30F3 Durham Regional Police are currently reviewing the Protocol template to develop their own agreements and protocols with the municipalities within Durham Region. Parties entering into the protocol can customize the template to meet their specific needs. Once the Notification Protocol has been finalized by the Regional Police, a further report will be provided to Council. In the meantime staff are continuing to review our procedures and pursue any and all training options available. 1103 ClN:,.4Jgron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 2, 2006 Report #: CLD-022-06 File#: By-law #: Subject: PROPOSED NEW RESPONSIBLE PET OWNER BY-LAW AND KENNEL BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report CLD-022-06 be received; 2 THAT if no major objections are expressed at the Public Meeting the draft Kennel by- law be forwarded to Council for approval; and 3 THAT if no major objections are expressed at the Public Meeting the draft Responsible Pet by-law be forwarded to Council for approval; and 4 THAT Animal Alliance of Canada, the Animal Advisory Committee, and all currently licensed Kennel owners/operators be advised of Council's decision and forwarded a copy of the by-laws. Submitted by: . Q~~~~ Reviewed by: anklin Wu, Chief Administrative Officer CAG*PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1104 REPORT NO.: CLD-022-06 PAGE 2 BACKGROUND AND COMMENT By-law 99-90, commonly referred to as the Responsible Pet Owner By-law, was enacted by Council on June 28, 1999 for the purpose of promoting the humane treatment of animals and responsible pet ownership. This by-law set forth rules respecting dog licensing and registration, cat licensing and registration, animals running at large, vicious dogs, restrictions on number of pets allowed, noise as it relates to animals, licensing and operation of kennels, impoundment of animals, minimum animal care requirements, adoptions, and all applicable service fees. Since its enactment, By-law 99-90 has been amended to adjust the fees, to appoint the Manager of Municipal Law Enforcement to conduct Hearings relating to Orders to Restrain, and to repeal Section 5 'Vicious Dogs" and replace it with a new Section 5 "Order to Restrain". On March 7, 2005 Council received Report CLD-011-05, detailing the Public Safety Related to Dogs Statute Law Amendment Act, 2005. (See Attachment 1 to this Report.) At that time, the Bill, which amends the Dog Owners' Liability Act (DOLA) had not been proclaimed. However, the Act came into effect on August 28, 2005. The amendments to DOLA primarily deal with the following two issues: restrictions on pit bulls, and it expands the authority to commence proceedings against an owner of a dog to include situations where the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals. Given that our prevailing By-law 99-90, as amended, is inconsistent with the requirements of DOLA, as amended, staff conducted a thorough review of the by-law. Input on this matter was provided by members of the Clarington Animal Advisory Committee, the Solicitor for the Municipality, and the Animal Alliance of Canada. In addition to reviewing the by-law for consistencies with DOLA, staff also capitalized on this opportunity and reviewed our other policies and procedures. A telephone survey of various municipalities was conducted respecting their animal services practices and service fees. The findings of this review concluded that the services and the fees for these services offered by our Animal Shelter are similar to the other comparable sized shelters in Ontario. The Responsible Pet Owners by-law is a regulatory by-law primarily enforced by the Animal Services Officers. The Kennel By-law will be a licensing by-law that will be primarily enforced by the Municipal Law Enforcement Division with the exception of the requirements dealing with care of animals and condition of pens which will be enforced primarily by the Animal Services Officers. Attachment 2 to this Report details the most significant proposed amendments to our existing Responsible Pet Owners By-law. These proposed amendments include: the inclusion of special requirements for pit bulls, the division of Kennel Licensing requirements from Responsible Pet Ownership, the inclusion of at large requirements in parks, the adjustment of the fee structure, and the provision for penalties under DOLA in addition to those under the Provincial Offences Act. 1105 REPORT NO.: CLD-022-06 PAGE 3 Attachment 3 to this Report details the most significant proposed amendments to our existing Kennel licensing and operation regulations. These proposed amendments include: classifying and defining kennels into Commercial Boarding, Commercial Breeding and Hobby Kennels; expanding on the licensing regulations to clarify kennel structure requirements, clarify licensing application requirements, and to authorize the right to inspect the kennels. The licensing fees for Kennels has been amended to more appropriately reflect the administrative costs associated with kennel licensing and enforcement (increase of $100 for Commercial Boarding and Breeding and an increase of $60 for Hobby). A copy of this Report and its attachments has been provided to all interested parties listed in this Report. Recommendation Due to the number of changes required, and to clearly differentiate between the regulatory activities of the Responsible Pet Owners By-law and the Licensing activities of the Kennel Licensing, it is recommended that the existing Responsible Pet Owners By-law #99-90 be repealed and that the attached By-laws marked Attachment 3 and Attachment 4 be forwarded to Council for approval. Attachments: Attachment 1 - Copy of Report CLD-011-05 Attachment 2 - Summary of Proposed By-law Changes - Responsible Pet Ownership Attachment 3 - Summary of Proposed By-law Changes - Kennel Licensing Attachment 4 - Proposed new Responsible Pet Owners By-law Attachment 5 - Proposed new Kennel By-law 11 06 REPORT NO.: CLD.Q22.Q6 PAGE 4 Interested Parties to be advised of Council's decision: Ms. Liz White Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 Animal Advisory Committee Michael Clay - Country Lane Kennels Brian O'Connor John Sheppard Amidi Sarkis Tim Tufts - Kendal Hill Game Farm and Kennel Beverley Wiggans Christine Nicholson Catherine Bolahood Wolfram Klose - Havelberg Dog Academy Robert King Don & Cynthia Prout John Palmer Kathy Asling Catherine Ivany Douglas and Karin Aird Ari Rotman Keith and Lance Crago Peter Lauder James Rossiter Dale McGiII- Tagamar 1107 , ... ATTACHMENT I \ TO , REPORT I t\::t>- O<.,-DlA> C!iJ!}Qgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 7, 2005 Report #: CLD-11-05 Flle#: 'J JI' ': ;');} I' )..,.."..,'- hec,?k ' ~f'f' ".... I t..__ By-law #: Subject: Public Safety Related to Dogs Statute Law Amendment Act, 2005 RECOMMENDATIONS: II is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-11-05 be received for information. Submitted b : ~ 4..ef2-4s7.... Reviewed by: ranklin Wu. Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE'ffWIO L 1 C 3A6 T 905-623-3379 F 905-623fr~ , " REPORT NO.:CLD-11.Q5 PAGE 2 BACKGROUND On Monday, March 1, 2005 Bill 132, being An Act to amend the Dog Owners' Liability Act to increase public safety in relation to dogs, including pit bulls, and to make related amendments to the Animals for Research Act, received ard Reading by the Legislative Assembly of Ontario. The Short title of this Act is the Public Safety Related to Dogs Statute Law Amendment Act, 2005. Generally speaking, the Legislation speaks to the following: · Expands authority to commence proceedings against an owner of a dog to include situations where the dog has behaved in a manner that poses a menace to the safety of persons or domestic animals; or against a person who contravenes the Act, regulations made under the Act or a court order made under the Act. . Courts have been granted the authority to order that a dog be neutered or spayed. · Mandatory destroying of a pit bull where the court finds that the pit bull has bitten or attacked a person or domestic animal or has behaved in a manner that poses a menace to the safety of persons, or where the owner of the pit bull has contravened the Act. . Bans the owning, breeding importing, transferring, abandoning and training to fight of a pit bull. Provides a grandfather clause for pit bulls owned at the time the Act comes into force or bom within 90 days of the Act coming into force (ie. restricted pit bulls). . Provides for controls on pit bulls. · Grants search and seizure authority to Municipal Law Enforcement Officers, and others, in specified circumstances. · Increases fines for individuals, on conviction, to a maximum of $10,000 or imprisonment for a term of not more than six months, or both. Sets fines, for corporations, on conviction, to a maximum of $60,000. · Provides for matters relating to proof as to whether a dog is a pit bull for the purposes of prosecutions. Recognizing that this Legislation will significantly impact our Animal Services protocol and administrative procedures, it is Staff's intention to review the neW requirements with the Animal Advisory Committee and representatives of other shelters and report back to Council on this matter. At the time this report was written, the Lieutenant Govemor had not yet proclaimed the Act into force. 111U 1109 Attachment 2 Summary of By-law Changes Regulations concerning kennel licensing and operations has been removed from the Responsible Pet Owners By-law and has been included in its own Kennel By-law. Res onsible Pet Owners B -law 2. New definitions for: Clarington. Enclosed Property, Municipal Clerk, Muzzled Dog, Order to Restrain, Restricted Pit Bull. Shelter, Special Needs Dog, Unrestricted Animal. Zoning By-law. 3. , Revised definition for: Leash. Muzzle, Owner. Redemption period, Running At Large, Under Control. Deleted definition for: Kennel. Residentiall Zoned Lands. Schedule B - Design and content of Order To Restrain shall be determined through procedures rather than the by-law. Schedule D - Locations for licence sales shall be at the discretion of the Municipal Clerk. Schedule E - Removed from this b -law. Sections 2.5 and 3.4 - New - authorizes the Municipality to collect information for Iicensin database. Lifetime tags will no longer have a year of issue stamped on them. The original lifetime tag issued shall remain on the animal throughout the life of the animal. Re lacement ta s will be available if necessa . Section 4 - Animals Running at Large - This section has been divided to separate out the specific requirements for pit bulls to ensure that the re uirements set out in DOLA are ex ressl stated. Section 4.14 - Addresses Animals in Parks - This was formerly in the Parks B -law and was removed to be included in this b -law. Section 5 - Aggressive Behaviour - This section was formerly entitled "Order to Restrain". With the new requirements of DOLA which speak to animals that "behave in an aggressive manner....". this section was expanded to require staff to address aggressive behaviours of pit bulls. Where a dog is a pit bull and behaves in a manner as defined in DOLA. the matter shall automatically be handled throu h DOLA. Section 6 - Restriction on Number of Pets Allowed - This section has been ex anded to reflect the restrictions on it bull ownershi . Former Section 7 - Noise - This section has been removed from this by-law. Noise issues relating to animals shall be enforced through the Municipal Noise B -law 89-184. Former Section 8 - Kennels - This section has been removed from this by-law and a se arate b -law has been drafted for the Iicensin of Kennels. Section 7 - Impoundment - This section has been expanded to grant authority to seize and destroy animals demonstrating aggressive behaviour or where the owner of the restricted pit bull has not complied with the by-law and/or DOLA. Section 7 has also been ex anded to s ecificall state what is re uired b an 4 5. 6. 7. 8. 9. 10. 11. 12. 1110 I Attachment 2 owner before regaining possession of a dog or cat from the Clarington Animal Shelter Sections 7.8 and 7.9 . 13. Section 8 - Surrender I Disposition - New - This section clearly defines under what conditions an animal may be surrendered to the Shelter. The dis osition clause Section 8.3 remains unchan ed. 14. Section 9 - Ado tions - New - Sets out the conditions for ado tion. 15. Section 10 - Stoop and Scoop - This section expands on the requirements for the owner to ick u after the animal. Provides exce tions for workin do s. 16. Section 11 - Enforcement and Penalties -In addition to penalties provided for under the Provincial Offenses Act, penalties may also be provided for under DOLA. . 17. Section 12 - Exemptions - This section has been expanded to address visiting it bulls and do shows. 18. Schedule A - Fees Increases in fees are proposed to more accurately reflect the administrative costs for administering the service and/or the product. Licensina - The proposed licensing fee schedule is intended to simplify the process. Where the existing fee structure sets a licensing fee and then offers rebates for microchipping, spaying and neutering, and rabies, the proposed fee structure sets out four rates for dogs and four rates for cats. This will make it easier for pet owners to understand what the fees are. As well, We anticipate it simplifying the door-to-door sales process. The new fee structure has maintained current rates, for the most part, with some minimal increases. As the Health Department insists that all cats and dogs have a current rabies vaccination, we are no longer offering a rebate for this. · Staff are recommending that the lifetime license for dogs be increased (from $30.00 to $40.00 and for cats be increased from $20.00 to $40.00) to more accurately reflect the administrative fees involved in tracking these licenses. · Discounts for early purchase are currently offered up to March and staff are recommending that these discounts be only offered for licenses purchased during the month of December in the year immediately proceeding the licensing year. This discount will not be offered for lifetime licenses. Adootions - Staff are recommending a $10 increase in the fees for dog adoptions. Imooundments - Staff are recommending a change in the fee structure for impounded animals. If the animal is licensed with a current licence or is microchipped and if they are returned within 24 hours, and it is the first occurrence, there is no fee (this is new), but for subsequent occurrences the fee would be $75.00 (up $10 from current rates). Daily care rates are recommended to increase to $15/day from the current $ 121day. Transfers - Staff are recommending a $10 increase in the fees for transferring ownership of a dog or litter brought into the animal shelter (from $45 to $55). Attachment 2 Trap Rentals Staff are recommending a $10 increase in the trap deposit, which is fully refundable upon return of the trap, and a $2.CJ increase in the daily rental rate (from $3 to $5). 19. Schedule B - Exceptions - Item (g) has been added to exempt 'on the remises of or under the authorit or control of a law enforcement a enc ." 1112 Attachment 3 2. 3. 4. 5. 6. -law Regulations conceming Kennels has been removed from the Responsible Pet Owners By-law and has been included in its own Kennel By-law. Definitions. Kennels have been defined into two categories to differentiate between Commercial Boardin / Breedin and Hobb Kennels. Section 2.0 Licensing . Only property owners are eligible to apply for the licence. . Hobby and Commercial Breeding Kennels must provide proof of active membership. . Owner must supply proof that they have never been convicted of an act pertaining to animal cruelty. . Exemptions available for dog tags and the three dog limit as set forth in the Responsible Pet Owners' By-law. Inspections - the Municipal Clerk, or designate, shall be authorized to inspect the Kennel at an reasonable time. Kennel Regulations . Requirement for the structure to be built in accordance with the Ontario Building Code. . . No part of the kennel shall be used for human habitation or human sleeping purposes. . Requirement for technical monitoring devise. . Established standards for animal enclosures more detailed than existing b -law re uirements. Schedule A - Fees Increases in fees are proposed to more accurately reflect the administrative costs for administering the service and/or the product. 1113 mACHMENT , 4 10 REPCml CL'h-O'l"1-o'" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- Being a by-law to repeal By-law 99-90, as amended, and to amend By-laws 91-20 and 93-161, as amended, a by-law to licence, regulate and Prohib~ certain a"nimals or classes thereof ~in the Iim~ of the Municipal~" of Clarington, or defined areas therein. WHEREAS Sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended ("Municipal Act?, confer the power to pass by-laws regulating or prohibiting animals to II lower-tier municipality; AND WHEREAS Section 9(3)(b) of the Municipal Act confers the power upon a municipal~, in exercising ~ powers to regulate and prohibtt respecting a matter, to provide for a system of licences, perm~, approvals or registrations respecting the matter, and to impose conditions as a requirement of obtaining, continuing to hold or renew a licence, perm~, approval or registration; AND WHEREAS Section 103 of the Municipal Act confers the power upon a munlcipal~ to pass a by-law to provide for the seizure and impounding of animals being at large or trespassing and the sale of impounded animals under certain conditions; AND WHEREAS Section 105 of the Municipal ACt requires Councilor a Committee of Councilor an animal control officer of the municipal~ to hold a hearing on "whether to exempt an Owner in whole or in part from muzzling requirements of a dog, when so requested by the dog Owner; AND WHEREAS Section 391 of the Municipal Act authorizes the municipal~ to pass by- laws imposing fees or charges on any class of Persons for services or activities provided or done by or on behalf of it; AND WHEREAS Section 396 of the Municipal Act provides that a by-law passed under Section 391 may provide for fees and charges that vary on any basis the municipal~ considers appropriate and specifl8S in the by-law, and for different classes of Persons and deal w~h each class in a different way; AND WHEREAS the Dog Ownets' Uability Act., R.S.O. 1990, c.D.16, as amended, provides for controls on p~ bulls and other dog breeds as defined in the Act; 1114 Page 2 AND WHEREAS the Pounds Act, R.S.O. 1990, Chap. c.P.17 authorizes a municipality \0 impound animals found At Large; AND . WHEREAS the Corporation of the Municipality of Clarington promotes and advocates the humane treatment of animals and responsible pet ownership; AND WHEREAS the Corporation of the Municipality of Clarington deems K desirable \0 pass such a by~aw to reflect the requirements set out in the Dog Owners' Uabl1Hy Act. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: SECTION 1 . DEFINITIONS AND INTERPRETATION 1.1 SHORT TITLE: This By-law may be eKed as the "Responsible Pel Owners By- law". 1.2 For the purposes of this B~aw, unless stated otherwise or the context implies a different meaning: ALTERED . shall mean a male or female animal that has been sterilized by a licensed veterinarian. In the case of a female animal, "AKered" shall be where the animal has been spayed or otherwise operated on \0 prevent conception, and in the case of a male animal, "AKered" shall be where the animal has been neutered or castrated. ANIMAL. shall mean any member of the animal kingdom excluding humans. WKhout IimKation, "Animal" shall include mammals, dogs, cats, birds and reptiles. ANIMAL SERVICES DIVISION - shall mean the division responsible for the enforcement of this By~aw and any related animal legislation in the Municipality of Clarington. ANIMAL. SERVICES OFFICER - shall include any Person employed by the Municipality of Clarington \0 enforce the provisions of this By~aw. AT LARGE - shall mean any Animal found in any place other than the property of the Owner of the Animal and not under the control of any Person by keeping it enclosed in a pen or other enclosure in such a manner as \0 prevent the Dog from leaving the property and to prevent contact wKh people and othar Animals. 1115 Page 3 CAT - shall mean a feline of any breed of domesticated carnivore of the species felis familiaris that is over 12 weeks since birth. CLARINGTON - shall mean the geographic area of the Munici, 18lity of Clarington. COUNCIL - shall mean the duly elected Council of the Municipality of Clarington. DOG - shall mean a domesticated carnivore of the species canis familiaris that is over 12 weeks of age. ENCLOSED PROPERTY - shall mean a pen or other enclosure such that prevents the Animal from leaving the property and prevents contact with people and other Animals. HOUSEHOLD - shall mean any house, mobile home, dwelling unR or legal apartment unR, occupied as a single housekeeping unR for residential purposes and includes any outdoor space or accessory buildings associated with the Household. LANDS ZONED AGRICULTURAL - shall mean those tands designated as Agricultural (A) Zone and defined in the Municipality's Zoning By-law. LEASH - shall mean a strap, cord or chain which is designed to restrain the breed of Animal R is controlling. MANAGER OF MUNICIPAL LAW ENFORCEMENT - shall mean the Person appointed by Council to manage the duties and responsibilities of the Municipal Law Enforcement DMsion wRhln the Clerk's Department. MUNICIPAL CLERK - shall mean the Person within the Municipality's administration who fulfils the function of municipal clerk as required by the Municipal Act, 2001, as amended, or delegate. MUNICIPAL PROPERTY - shall mean all property owned, leased or under the control of the Municipality, and wRhout IimRation, this term shall Include all parks, open space, opened or unopened road allowances, sidewalks, footpaths or bicycle traUs. MUNICIPALITY - shalf mean The Corporation of the Municipality of Clarington. 1116 Page 4 MUZZLE - shall mean a humane device designed to fit over the mouth of a Dog and well- filled enough to prevent the Dog from biting, without interfering with the breathing, panting or visi~n of the Dog or the Dog's ability to drink. MUZZLED DOG - shall mean a Dog wearing a Muzzle in the manner anticipated by the manufacturer of the Muzzle. ORDER TO RESTRAIN - shall mean the Order issued by an Animal Services Officer in accordance with the provisions of this By-law. OWNER - shall mean a Person or their authorized agent who possesses, keeps or harbours one or more Animals within Clarington, and where the Owner of the Animal is a minor, the Person responsible for the custody of the minor and "own", "owns" and "owned" shall have corresponding meanings. PERMANENT IDENTIFICATION - means an electronic microchip encoded with identification information which has been implanted in an Animal. PERSON - indudes an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate and a natural person. "Persons" shall have a corresponding meaning. PIT BULL - means a dog as identified in the Dog Owners' Uab17ity Act, R.S.O. 1990, c.D.16. REDEMPTION PERIOD - is a period of five (5) days exdusive of the impound day and any day the Animal Sheller is closed, during which time the pet shall be eligible to be redeemed by the Owner. RESTRAINED - Where "RESTRAINED" is used in connection with a Dog which is the subject of an Order lo Restrain at its Owner's Household, II shall mean: 1. kept indoors in a manner respectful of its environmentel needs which prevents the said Dog from having contact with Persons who have not consented to contact; or 2. kept in a pen or other endosure respectful of its environmental needs which prevents the Dog which is the subject of an Order to Restrain from: I) leaving the Owner's Household, and ii) coming into contact with Persons and other Animals who have not consented to contecl. 1117 Page 5 R!,STRAINED - Where "RESTRAINED" is used in connection with a Dog which is \he subject of an Order to Restrain at a place other than its Owne(s Household, tt shall mean the said Dog will be Muzzled, leashed with a Leash no longer !han 1.8 metres (6 feet) in length and under the care and control of a Person who is at least 16 years of age. RESTRICTED PIT BULL - shall mean a Dog identified as restricted pit bull under the Dog Owners' Uability Act., R.S.O. 1990, c.D.16, as amended. SHELTER - shall mean the Clarington Animal Shelter and shall include any yard ~ enclosure maintained by the Municipality for the safe-keeping of Impounded Animals. SPECIAL NEEDS DOG - shall mean the registered Dog whose purpose is to assist a disabled Person with their daily activities. TRANSFER - shall mean the change of ownership of a Dog/Cat to the Municipality or to another eligible Person. UNALTERED - shall mean either a male or female Animal that has not been sterilized. UNDER CONTROL - shall mean a Dog that is at all times, while the Dog Is off its Owner's property, on a Leash held by a Person over the age of 16 years or otherwise physically Restrained in such a manner as to prevent the Dog from biting or attacking a Person or domestic Animal and to prevent contact with people and other Animals. UNRESTRICTED Animal - shall mean the breeds of domesticated Dogs that are not a Pit Bull. ZONING BY-LAW - shall mean \he Municipality's By-law #84-63, as amended, and as may be further amended or replaced from time to time. 1.3 All words and personal pronouns relating to words contained in this By-law shall be read and construed with the appropriate number and gender of \he Person or Animal referred to in each case. 1.4 In the event any of the provisions of this By-law are deemed invalid or void, in whole or in part, by any court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 1.5 Schedules A, and B, attached to this By-law form an integral part of it 1118 Page 6 Schedule A - Licence Fee Schedule Schedule B - Exceptions 1.6 Reference to legislation within this By-law shall be deemed to include such legislation, as amended, including successor legislation. 1.7 Hereinafter the Dog Owners' Liability Act, R.S.O. 1990, c.D.16, as amended, shall be referred to as "the Ad". SECTION 2. DOG LICENSING AND REGISTRATION 2.1 This section applies to all Dogs. 2.2 Every Owner of a Dog shall obtain an annual licence for such Dog by registering the Dog with the Animal Services Division and paying the prescribed fees as set out in Schedule A. The licence may be purchased from locations as deemed appropriate by the Municipal Clerk. 2.3 No Person shall become an Owner of a Dog within Clarington without having obtained a licence for the Dog and registering the Dog with the Municipality for the current year and shall obtain a licence thereafter on an annual basis. 2.4 Every licence issued pursuant to section 2.1 shall expire on December 31 of the calendar year for :Nhich n was issued. 2.5 To obtain a dog licence under this By-law, the Owner of the Dog shall provide to the Municipality such information as the Municipal Cieri< may require, including but not limned to: Owner name, Owner address, Owner home and business telephone number, Animal breed, Animal unique mari<ings, Animal name, and Animal rabies information. 2.6 Upon providing the requined information and upon payment of the licence and registration fee, the Owner of a Dog shall be fumished with a tag for each Dog and shall ensure that the said tag shaH be kept securely affiXed to the Dog at all times. The tag shall consist of a metallic plate or such other material approved by the Municipal Cieri< and shall indicate the licence number under which the Dog is registened and the period for which the licence was issued. 1119 Page 7 2.7 The licence shall bear a number corresponding to the number under whiCh the Dog is registered and a record shall be kept by the Animal Services Division showing the name and address of the Owner, a description of the Dog, the number of the licence and the date on which tt was issued. 2.8 No Owner shall affix or permtt to be affixed a tag issued by or on behalf of the Municipaltty to any Dog other than the Dog for which the licence was issued. 2.9 The Municipal Clerk, at his/her discretion, may refuse to issue a Dog licence to any Person. 2.10 Notwithstanding Section 2.6, above, a lifetime tag will not indicate the licensing period. SECTION 3. CAT LICENSING AND REGISTRATION 3.1 Every Owner of a Cat shall obtain an annual licence for such Cat by registering the Cat with the Animal Services Division and paying the prescribed fees as set out in Schedule A. The licence may be purchased from locations as deemed appropriate by the Municipal Clerk, or designate. 3.2 No Person shall become an Owner of a Cat within Clarington without having obtained a licence for the Cat and registering the Cat with the Municipaltty for the current year and shall obtain a Iicience thereafter on an annual basis. 3.3 Every licence issued pursuant to section 3.1 shall expire on December 31 of the calendar year for which tt was issued. 3.4 To obtain a Cat licence under this By-law, the Owner of a Cat shall provide to the Municipaltty such information as the Municipal Clerk may require including but not limtted to: Owner name, Owner address, Owner home and business telephone number, Animal breed, Animal unique markings, Animal name, and Animal rabies information. 3.5 Upon providing the required information and upon payment of the licence and registration fee, the Owner of a Cat shall be fumished with a tag for each Cat and the said tag shall be kept securely affIXed to the Cat at all times. The tag shall consist of a metallic plate or such other material approved by the Municipal Clerk and shall indicate the licence number under which the cat is registered and the period for which the licence was issued. 1120 page 8 3.6 The licence shall bear a number corresponding to the number under which the Cat is registered and a record shall be kept by the Animal Services Division showing the name and address of the Owner, a description of the cat, the number of the licence and the date on which n was issued. 3.7 No Owner shall affix or permn to be affixed a tag issued by or on behalf of the Municipalny for any Cat other than the Cat for which the licence was issued. 3.8 The Municipal Cieri< may, at hislher discretion, refuse to issue a Cat licence to any Person. SECTION 4 - ANIMALS AT LARGE 4.1 This subsection applies to all Animals as govemed by this By-law, with the exception of Restricted pn Bulls. 4.1.1 No Person shall permn or allow an Animal to be At large within the limns of the Municipalny. 4.1.2 No Owner of an Animal shall permn such Animal, whether leashed or unleashed, to enter private property without the consent of the Owner or OCaJpanl 4.1.3 Every Owner of a Dog or Person having control of a Dog shall control such Dog on a leash when this Dog is away from ns Household. 4.1.4 Notwithstanding the generalny of 4.1.1, while in any park, no person shall: (a) allow any Animal to be At large, except in a designated area; and (b) permn any animal to enter any beach, pond, swimming area, farm area, garden, landscaped area, playground or sports field. 4.2 This subsection applies only to Restrided pn Bulls. 4.2.1 No Person shall permn or allow a Restricted pn Bull to be At large wnhin the limns of the Municipalny. 1121 Page 9 4.2.2 Every Owner of a a Restricted PR Bull shaH ensure that the Restricted PR Bull is equipped with a Muzzle and secured by a Leash when the Restricted PR Bull is not within Enclosed Property occupied by the Owner of the Restricted PR Bull or not wRhin Enclosed Property occupied by a Person who consents to the Restricted PR Bull being off Leash or off Muzzle. 4.2.3 Where a Restricted PR Bull is required to be Muzzled and secured by a Leash, every Owner of a Restricted PR Bull shall ensure that the Muzzle and Leash comply with the following rules: (a) the Restricted PR Bull shall be frtted wRh a collar or hamess that is properly fitted to and placed on the Restricted PR Bull. (b) the movemem of the Restricted PR Bull shall be controlled by a Person by means of a Leash atlached to the collar or hamess on the Restricted PR Bull. (c) the Leash shall not be more than 1.8 metres in length and shall be atlached to the collar or hamess. (d) the collar or hamess, the Leash and the atlachmem between the Leash and the collar or hamess are all strong enough to prevent the Restricted PR Bull from breaking any of them. (e) the mouth of the Restricted PR Bull shall be covered by a Muzzle that is humane and that is strong enough and well-frtted enough to prevem the Restricted PR Bull from bRing, without interfering with the breathing, panting or vision of the dog. SECTION 5 - "AGGRESSIVE BEHAVIOUR" 5.1 The Animal Services Officer shall investigate any incident of aggressive behaviour which has been reported to the Durham Region Health Department, Durham Regional Police Services, or to the Animal Services Division. 5.2 Order to Restrain - This section applies to all Animals as govemed by this By-law wRh the exception of Restricted PR Bulls. 1122 Page 10 5.2.1 Where an Animal Services Officer has investigated and is satisfied . that a Dog has placed a Person or domestic Animal at risk of physical hann, the Animal Services Officer shall issue an Order to Restrain to the Owner of the Dog. 5.2.2 Where an Animal Services Officer has investigated and is satisfied that a Dog has bitten or attacked a Person or domestic Animal, the Animal Services Officer shall issue an Order to Restrain \0 the Owner of the Dog. 5.2.3 Where an Order \0 Restrain has been issued under this By-law, the Dog Owner will be served with a copy of the written Order \0 Restrain in the fonn detennined by the Municipal Clerk. Service shall be effected by delivering the . Order to Restrain personally \0 the Owner of the Dog or by leaving n for the Owner at the Owne(s last known or usual place of abode with an inhabnBnt thereof who appears \0 be at least 16 years of age or by registered maR to the Owne(s last known address. Service is deemed to be effected five (5) days after mailing. 5.2.4 Nothing contained in this By-law shall derogate from the authority of a peace offICer or an Animal Services Officer under the Act. 5.2.5 Where an Order \0 Restrain has been issued under this By-law, the Dog Owner may apply \0 the Municipalny for a hearing 'as to whether or not the Order to Restrain, in whole or in part, should be revoked or amended. An application for a hearing by the Manager of Municipal Law Enforcement shall be filed, in writing, by the Dog Owner or the Dog Owne(s agent, with the Municipal Clerk of the Municipalny at 40 Temperance Street, Bowmanville, Ontario, within ten (10) business days (excluding Saturdays, Sundays and Statutory Holidays) of the date the Order \0 Restrain is served upon the Owner. As soon as practicable after receipt of the appeal, the Municipal Clerk of the Municipalny shall notify the Dog Owner and any other Persons having an Interest In the incident leading to the issuance of the Order to Restrain, of the date, time and location of the hearing. If an Owner fails \0 appear at such hearing, the Order to Restrain shall be deemed to be in full force and effect as if no appeal had been filed. It shall be understood that between the date of service of the Order and the date of the Hearing, the Owner shall comply with the Order \0 Restrain by leashing and muzzling the dog. 5.2.6 An Order \0 Restrain shall include the following requirements: 1123 Page 11 (a) licence and register the Dog with the Municipality within seven (7) days and have the Dog permanently identified by microchip implantation, at the Owner's expense, within twenty-one (21) days of receipt of the Order to Restrain. The Owner shall provide proof of such registratior. and implantation to the Animal Services Division within thirty (30) days of receipt of the Order to Restrain; (b) Notify the Municipal Clerk, or designate, immediately upon relocating the Dog or upon a Transfer of ownership of the Dog; (e) Restrain the Dog at all times, while the Dog is on the Owner's own property, by keeping it enclosed in a pen or other enclosure in such a manner as to prevent the Dog from leaving the Owner's property and to prevent contact with people and other Animals; and (d) Restrain the Dog at all times, while the Dog is off the Owner's own property, with the use of a Muzzle and a Leash no longer that 6 feat, and under the care and control of Person who is sixteen (16) years of age or old!!r. 5.2.7 Where an Order to Restrain has been issued under this By-law, all requirements must be complied with effective immediately upon service, with the following exceptions: (a) The Dog Owner shall have the Dog, which is the subject of the Order to Restrain, licensed and registered, at the Owner's expense, within seven (7) days of the service of the Order to Restrain. (b) Where an Order to Restrain has been issued under this By-law, and no appeal has been filed, the Dog Owner shall have the Dog, which is the subject of an Order to Restrain, permanently identified by microchip implantation, at the Owner's expense, within twenty-one (21) days of the service of the Order to Restrain. (c) Where an Order to Restrain has been issued under this By-law, and the Owner files an appeal in accordance with section 5.2.5 of this By-law, the Dog Owner shall have the Dog, which is the subject of an Order to Restrain in compliance with the terms of the Order to Restrain as may be amended by the Chair of the Hearing, within seven (7) days of the date the hearing is held. 1124 Page 12 5.2.8 A Dog Owner who is required to licence, register and identify by microchip implantation a Dog which is the subject of an Order to Restrain issued under this By-law shall provide proof thereof to the Shelter within thirty (30) days of . service of the Order to Restrain when no appeal has been filed and within fifteen (15) days of the date of the hearing, when an appeal has been filed. 5.2.9 Every Owner of a Dog that is subject to an Order to Restrain issued under this By-law, upon relocation of his or her residence, or that of the said Dog, or upon ceasing to own the said Dog, shall be required to immediately notify the Shelter of the change of address, or the name and address of the new Owner or the new location of the said Dog, as the case may be. 5.2.10 Every Owner of a Dog that is the subject of ari Order to Restrain issued under this By-law, who fails to comply with that Order to Restrain is guilty of an offence. 5.3 .PROCEEDING UNDER THE ACT" - Provisions of this section in no way derogate from or limit the applicability of the Act as it relates to all Dogs. 5.3.1 Where an Animal Services Officer has conducted an investigation and is satisfied that an incident invoMng a Pit Bull (Restricted or otherwise), constitutes a violation under the Dog Ownem' UabHity Act., R.S.O. 1990, c.D.16, as amended, the Animal Services Officer shall commence a proceeding against the Owner(s) of the Pit Bun, in accordance with the Dog Ownem' LiabiHty Act., R.S.O. 1990, c.D.16, as amended. SECTION 6 - RESTRICTION ON NUMBER OF PETS ALLOWED 6.1 Cats 6.1.1 A Person shall be allowed to own or keep up to five (5) cats if all cats have been Altered, permanentiy identified with a microchip implantetion and are kept in an Enclosed Property. 6.1.2 No Person shall own or keep more than three (3) Unaitered cats. 6.1.3 Notwithstanding the limits selforth in Sections 6.1.1 and 6.1.2, there are no restrictions on the number of Cats permitted on Lands Zoned Agricuitural. 1125 Page 13 6.2 Dogs 6.2.1 No Person shall own or keep more than three (3) Dogs. 6.2.2 Notwithstanding the limll set forth in section 6.2.1, there. are no resliictions on the number of Dogs permllled on Lands Zoned Agricultural. 6.3 Resliicted PII Bulls 6.3.1 No Person shall own a PII Bull unless II is Resliicted PII Bull and they are eligible under the Ad. 6.3.2 No Person shall breed a Restricted PII Bull. 6.3.3 No Person shall Transfer a Restricted PII Bull unless the Transfer is effected in accordance with the Ad. SECTION 7 . IMPOUNDMENT 7.1 This section applies to all Animals as governed by this By-law. 7.2 Every officer of the Durham Regional Police Services and every Animal Services Officer shall have the power to seize and destroy, whether before or after impounding, any Dog if: (a) The Dog has on one or more occasion demonstrated aggressive behaviour. (b) An Owner of the Dog has on one or more occasion failed to exercise reasonable precautions to prevent the Dog from demonstrating aggressive behaviour. (c) The Animal is a Restricted Pit Bull and an Owner of the Resliicted PII Bull has on one or more occasions failed to comply with one or more of the requirements of the By- law or the Ad. (d) There is reason to believe that the Resliicted PII Bull may cause harm to a Person or domestic Animal. 1126 Page 14 7.3 Every officer of the Durham Regional Police Services and every Animal Services Officer shall have the power to seize and impound any Animal found At Large within the limits of the Municipality contrary to the provisions of this By-law. 7.4 When an Animal has been found At Large contrary to the provisions of this By-law, has been seized by an Animal Services Officer and taken to the Claringlon Animal Shelter, such Animal shall be impounded and held for the duration of the Redemption Period. 7.5 If any Animal so seized and impounded is not claimed on or before the last day of the Redemption Period, the Animal Services Officer may, at that Officer's discretion and subject to the Animals for Resaarch Act, R.S.O. 1990, Chap. A.22, destroy or sell the Animal. Nothing in this By-law shall prevent an Animal Services Officer from destroying an Animal which is suffering illness or injury and, in the Officer's opinion, will not humanely sustain life. 7.6 The Animal Services Division shall keep a record of all Animals seized and impounded pursuant to this By-law. 7.7 Any Owner claiming an Animal which has been seized and impounded shall pay to the Animal Services Division of the Municipality the administration fees as set out in Schedule A of this By-law. 7.8 No Person, resident in Clarington, shall regain possession of a Dog or Cat from the Clarington Animal Shelter without first obtaining a licence for the Dog or Cat for the current year and shall pay any related administration fees incurred, including but not limited to: licence fee, impound fees and any necessary health care costs while the animal was under the care of the. Shelter. In the event the Person hes already registered and licensed the Dog or Cat for the current year, or is a resident of another municipality, the Person shall provide sufficient proof thereof by producing the tag or. licence to the Animal Services Officer or proof of residency outside of Clarington, and shall be exempt from paying the licence fee. 7.9 . No Person, resident in the Province of Ontario, shall regain possession of a Restricted Pit Bull from the Shelter without first providing proof that the Restricted Pit Bull complies with all requirements under the Act. Where proof cannot be provided, the necessary steps shall be taken by the Animal Services OfflC8r to ensure that the requirements of this By-law and the Act are mel The Owner of the Restricted Pit Bull shall pay any related administration fees incurred, including but not limited to: licence, 1127 Page 15 impound fees, and any necessary health care costs while the Animal was under the care of the Animal Shelter. SECTION 8 - SURRENDER I DISPOSITION 8.1 This section applies to all Animals as governed by this By-law. 8.2 The Anlmai Services Officer shall accept the Transfer of mvnership of a Dog or Cat from an Owner to the Municipality upon: (a) receipt of a written request from the Owner accompanied by payment of the appropriate fee prescribed in Schedule A of this By-law; (b) determination by the Animal Services Officer that the Animal can reasonably be expected to be placed in a new home; (c) receipt of any other information the Animal Services Officer requests; and (d) space being available within the Shelter. 8.3 Any Animals destroyed under this By-law shall be disposed of in such a manner as may be determined from time to time. SECTION 9 - ADOPTION 9.1 This section applies to all Animals as govemed by this By-law. 9.2 A Person may adopt an Animal from the Animal Services Division, upon demonstrating to the satisfaction of the Animal Services Officer that the Person is capable of providing proper care to the Animal and otherwise meets the requirements of this By-law. 9.3 A Person adopting an Animal from the Animal Services Division shall pay the appropriate adoption fee as set out In Schedule A. 9.4 If the Animal to be adopted is a Dog or a Cat, the Person adopting the Animal shall obtain a licence at the time of adoption, as per Section 2 of this By-law. 9.5 The Shelter shall take all necessary steps to ensure that all Restricted Pit Bulls comply with the requirements under the Act prior to adopting the Restricted Pit Page 16 SECTION 10 - STOOP AND SCOOP 10.1 . Every Owner of an Animal shall immediately remove and dispose of, in a hygienic manner, all excrement left by the Animal on any property, other than the Animal Owner's or agent's property, within Clarington. 10.2 Section 10.1 does not apply to a handler of a Special Needs Dog, where the handler is unable to remove the excrement left by such Special Needs Dog due to a physical disabHity or impediment 10.3 Section 10.1 does not apply to a blind or visually impaired handler of a Special Needs Dog if the faeces were left while the Special Needs Dog was off the premises of the handler and during the course of fulfiliing its duties. 10.4 Every Owner of a Dog shall remove from his or her premises, in a timely manner, excrement left by such dog, so as not to disturb the enjoyment, comfort, convenience of any Person in the vicinity of the premises. SECTION 11. ENFORCEMENT AND PENALTIES 11.1 The Council shall appoint one or more Animal Services Officers who shall investigate Animal-related complaints and enforce the provisions of this By-law. 11.2 Animal Services Officers shall provide all services as required by this By-law.. 11.3 Every Person who contravenes any provision of this By-law unless otherwise stated Is guilty of an offence. 11.4 Every Person or corporation found guilty of an offence under this By-law, Is liable to a penalty or fine as provided for In the Provincial Offences Act, which maximum penalty shall not restrict the penalty or fine provided for offences prosecuted pursuant to the Dog Owner's liability Act SECTION 12 . EXEMPTIONS 1129 Page 17 12.1 "REGISTERED SPECIAL NEEDS DOG(S)": Every Person who owns a registered special needs dog, shall license such Dog pursuant to the licensing requirements of this by-law, as applicable. Upon presentation of the applicable certificate from the registering agency, the dog's Owner will be exerr pled from payment of the Page 18 .' 12.2 "VISITING ANIMAL(S) 12.2.1 NOT PIT BULLS Where the Owner of the Animal is a non-resident of Clarington. and his or her Animal will not be kept within Clarington for a time period longer than thirty (30) days in anyone (1) calendar year, lis Owner shall not be required to comply with the licensing requirements of this By-lilw if the Owner can provide proof of current registration from the Animal's goveming authority for the Owne(s Household. 12.2.2 RESTRICTED PIT BULLS: Where the Owner of a Restricted P~ Bull is a non-resident of Clarington. and his or her Restricted P~ Bull will not be kept w~hin Clarington for a consecutive time period longer than thirty (30) days in anyone (1) calendar year, lis Owner shall not be required to comply with the licensing requirements of this By-law if the Owner can provide proof of current registration from the Restricted ~ Bull's govemlng authority for the Owner's Household and proof that the Restricted ~ Bull is compliant with the requirements under the Act. 12.2.3 PIT BULLS: P~ Bulls are prohib~ from entering C1arington, unless the P~ Bull is a Restricted P~ Bull. 12.3 "VETERINARIAN(S)": A licensed Veterinarian shall not be considered an Owner of an Animal for the purpose of this section where the Animal has been brought upon his or her premises for care or treatment 12.4 "DOG SHOWS". All restricted Animals brought into the Municipal~ for the purpose of a "dog show" as defined in O. Reg. 157/05, must comply with all requirements of the Act. SECTION 13 . MINIMUM ANIMAL CARE REQUIREMENTS 13.1 This section applies to all Animals as govemed by this By-law. 13.2 Every Person who owns an Animal w~in the Municipal~ shall provide the Animal or cause ~ to be provided with sullsble food. potable water and veterinary care as required to maintain the health and wel~ing of the Animal. 1131 Page 19 13.3 Where an Animal is customarily kept out-of-doors, the Owner shall at all times provide for the use of the Animal a structurally sound, weatherproof, insulated enclosure with off-the-ground 1I00rine. 13.4 Whenever an Animal is tethered on the Owne(s premises, the tether shall allow for the suffICient exercise for the Animal. 13.5 Every Person who owns an UnaRered female Animal shall, durine each period that the Animal is in heal, keep it confined in a manner that wlll not alll'act other Animals. 13.6 Every Person who maRreats or neglects or is found to be cruel to any Animal and every Person who contravenes any of the provisions of Section 13 of this By- law may be reported, by the Officer, to a chapter of the Ontario Humane Society or the Ontario Society for the Prevention of Cruelty to Animals or other society associated therewith. SECTION 14 - MISCELLANEOUS 14.1 Notwithstandine any other provision of this By-law it shall not apply in respect of Animals owned by any Person which are kept on any premises listed in Schedule B. Notwithstanding the above, the premises listed in Schedule B must comply with the rules of this By-law as they relate to restricted Animals. 14.2 By-laws 99-90, 2000-154, 2001-170, and 2002-136, 2004-193 (collectively the Preceding By-Law") are hereby repealed. 14.3 Schedule B of By-law 93-161 is hereby amended to add the followine immediately following the Reference to Domestic Dogs: "(with the exception of those breeds of dogs as restricted under the Dog Owners Liability Act, R.S. O. 1990, c.D.16, as amended, which shall only be permitted as per the rules set out in the Act.)". 14.4 All fees payable under this By-law shall be made in cash, by credit card or debit. 14.5 None of the provisions in this By-law are intended to or shall be deemed to derogate from the provisions of By-law 93-161, as amended. 1132 Page 20 14.6 This By~aw shall come into effect on the date of passing with the exception of Schedule A. 14.7 The fees set for in Schedule A of this b~aw shall come into effect January 1, 2007, and shall apply to any licences sold before January 1, 2007 for the licensing period beginning January 1, 2007. 14.8 All licences issued on the Preceding By-law shall remain in force and effect. 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. MAYOR MUNICIPAL CLERK 1133 SCHEDULE A TO MUNICIPALITY OF CLARINGTON BY-LAW 171 EFFECTIVE - JANUARY 1, 2007 Adoption FHa . .. .. . .. .. . . .. Details . ... Fee Doas $85.00 Cals $120.00 (All cals are Altered prior to adoption unless Cat is loa young or too small at time adoption. in which case the Owner is offered a rebate upon proof of alterinll cat.) Licence .F... ., .. ... .. .......... .... .... .... : . ... . .... . , Detailll .. .. ... : .. . .: FH. .. 1. Doa . microchipped & spaved or neutered $10.00 2. DOll - spaved or neutered or microchiooed $20.00 3. Doa - Unaltered $35.00 4. Doa - lifetime (must be altered & microchippedl $40.00 5. Cat - microchipped & spaved or neutered $10.00 6. Cat - spaved or neutered or microchiooed $20.00 7. Cal - Una~ered . $25.00 8. Cat -lifetime (must be altered & microchiopedl $40.00 NOTE: There is a 10% discount for licences purchased before January 1"of the Iicensino vear. . Impoundmer!t Administl'ation Fees. .. . . :.' .. . . .... Detsllll .. . I Fee . Impoundment of dog/cat wearing current licence or who Is mlcrochipped 1. First occurrence Free (if retumedlpicked up within 24 hours) Otherwise . $50.00 2. Second or subseouent occurrence $75.00 3. Daily care fee $15.ooJday (every Dog impounded is subject to an addnional charge for every day or part of a day after the day the Animal is broullht into impoundment. f Impoundment of doglcat NOT wearing current licence or NOT microchlpped 1. First occurrence $50.00 2. Second or subseQuent occurrence $75.00 3. Daily care fee $15.0OJday (Every Dog impounded Is subject to an addnional charge for every day or part of a day after the day the Animal is brouoht into imooundment.)' 4. In addition to the fees detailed above, every Owner of a Varies, in accordance Dog not licensed for the current year who is a resident of with Clarington's the Municipalny is also required to pay the licence fees in licensing fees addnion to the impoundment fees 1134 Page 2 Transfer F_ Details Fee 'The Animal Services Division can only accept surrendered Animals if they can reasonably be expected to be placed in a new home. Animals will not be accepted for euthanasia. Pets are screened carefully to avoid placing problem Animals in new homes 1. Transfer of ownership of a Dog or litter, brought into the $55.00 Animal SheRer 2. Transfer of ownership of a dog, picked up by the Animal $65.00 Services Officers, during normal working hours (excluding Sunda and Holida 3. Transfer of ownership of a dog, picked up by the Animal $90.00 Services Officer outside re ular business hours. Trap RentalF... refundable on return of tra Fee $45.00 $5.00 I da 1135 SCHEDULE B TO MUNICIPALITY OF CLARINGTON BY-LAW??? EXCEPTIONS a) on the premises of the Bowmanville Zoo, the Orono Cat World, and any other facility accrediled by the Canadian Association of Zoological Parks and Aquaria (CAZA); b) on the premises of the Ontario Society for the Prevention of Cruelty to Animals (O.S.P.C.A.); c) in a veterinary hospital under the care of a licensed veterinarian; d) on the premises of any television or film studio where such Animals are being, kept temporarily for the purpose of a television or film production; e) on the premises of the Corporation of the Municipality of Clarington; f) on the premises of Pet Shops; g) on the premises or under the authority or control of a law enforcement agency. 1136 ATTACHMoo t S tV REPORT' i'L~-f'l"2'2.-bt.o THE CORPORATION OF MUNICIPALITY OF CLARINGTON BY-LAW 2006- Being a By-law to license, regulate and govem kennels in the Municipality of Clarington WHEREAS section 150 of the MunicipalAct, S.O. 2001 authorizes CouncD to license and regulate a variety of businesses and events. The authority includes: the power to issue licences on condnion, revoke licences, suspend licences, to regulate or govem the place used in carrying on of businesses, and many other matters; and WHEREAS the Council of the Corporation of the Municipality of Clarington deems n necessary and desirable to license certain businesses carried on in the Municipality of Clarington to promote the health and safety of residence, provide nuisance control, and ensure t:onsumer protection, . NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1.0 DEFINITIONS: For the purposes of this By-law; ANIMAL - shall mean any member of the animal kingdom of living beings, excluding humans. Withoutlimnation, "ANIMAL" shall include mammals, Dogs, Cats, birds, and reptiles. ANIMAL SOUND - shall mean any sound emitted from an animal which. is audible at a point of reception. This term includes: barking, whimpering, whining, howling, and yelping. ANIMAL SERVICES OFFICER - shall include any Person employed by the Municipality of Clarington to enforce the provisions of this By-law. APPLICANT - shall include a person seeking a licence, or renewal of a licence or a person whose licence is being considered for revocation or suspension. BOARDING - shall mean the taking in of domestic animals for a period of time for financial gain. BOARDING FACILITY - shall mean a facility that takes in domestic animals for a period of time for financial gain. BREEDING - shall mean the generating of offspring resulting in a quality of bloodlines as in purebred. BUSINESS - shall Include a trade that requires a licence pursuant to this By-law, whether or not a licence has been issued or maintained for that business. BY-LAW - shall mean this By-law as n may be amended from time to time. The Recitals to and the schedules attached to this By-law are considered integral parts of n. CHIEF BUILDING OFFICIAL - shall mean the person wnhin the Municipality's administration who fulfills the function of chief building official as required by the Ontario Building Code Act, 1992, or his or her delegate. 1137 CLERK - shall mean the person within the Municipality's administration who fulfills the function of municipal clerk as required by the Municipal Act, 2001 or his or her delegate. COUNCIL - shall mean the elected municipal council for the Municipality of Clarington. DOG - shall mean a domesticated carnivore of the species canis familiaris that is over 12 weeks of age. KENNEL - shall mean any building, structure, dog run or other facility or part thereof, where: a) dogs are kept for breeding or show purposes; or b) dogs are kept solely for the purpose of routinely entering into dog sled or other similar races; or c) hunting dogs are kept for hunting purposes. (I) COMMERCIAL BOARDING kennel or COMMERCIAL BREEDING kennel - shall mean any kennel used for the keeping of eight (8) or more dogs but does not include a veterinarian clinic. (II) HOBBY KENNEL - shall mean any kennel used for the keeping of more than three (3) but less that eight (8) dogs, but does not include a veterinarian clinic. In addition to the maximum number of dogs set out above, a maximum of two litters of pups, per bitch, up to sixteen (16) weeks of age may be permitted in any licensing year. LICENCE - means a licence to operate a trade issued pursuant to this By-law. LICENSING OFFICER - shall mean a Municlpallaw Enforcement Officer appointed by Council for the purpose of processing and issuing licences under this By-law and enforcing the provisions of this By-law. MUNICIPALITY - shall mean the Corporation of the Municlpality of Clarington. MUNICIPAL LAW ENFORCEMENT OFFICER - shall mean a person or persons appointed by Councll for the purpose of animal control or appointed as a Municipal law Enforcement Officer. OPERATOR - shall mean a person with care and control of a business at any given point in time, with authorization of the owner of the business. The terms "operate", "operation", and words of like import or intent have corresponding meaning. OWNER - shall mean the person who owns, possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the dog. POINT OF RECEPTION - shall mean any geographic location at which a sound can be heard, excluding the premises from which the sound originates. PROPERTY OWNER - shall mean the person who is the registered owner of the property on which the kennel or boarding facility Is located. PUREBRED - shall mean any dog that is registered or eligible of registration with an association incorporated under the Animal Pedigree Act (Canada). 1138 2.0 2.1 TRADE - shall mean and include business, calling or occupation and "carrying on a trade" includes any act of: a), selling any goods or services; or b) soliciting business or offering or exposing goods or services for sale or hire. ' LICENSING 2.2 No person shall own, operate, manage, control, supervise or have any kennel, or boarding facility without a licence issued by the municipality. Only the Property Owner may apply for and be issued a licence. A licence issued to the Property Owner is not transferable to any new Property Owner. ' 2.3 Every Property Owner who applies for a licence shall do so in writing on the form provided by the Municipality. 2.4 Hobby and Commercial Breeding Kennel applicants shall supply the following: 2.4.1 In the case of a Kennel for Purebred Dogs, proof of active membership in the Canadian Kennel Club or any other association incorporated under the Animal Pedigree (Canada); or 2.4.2 In the case of a Kennel for sled Dogs, proof of active participation or registration in dog sled or similar races within the previous or impending 12 months as may be deemed acceptable by the Licensing Officer; or 2.4.3 In the case of a Kennel for hunting dogs, (a) proof of active membership in the Canadian Kennel Club for registered hunting dogs; or (b) proof of active membership in an association for the purpose of hunting dogs training or trailing; or (c) a hunting Dog Licence for each dog issued by the Ministry of Natural Resources within the previous 12 months; or (d) such other proof of hunting activities in the previous or Impending 12 month period as may be deemed acceptable by the Licensing OffICer. 2.4.4 In all cases written clearance from the Municipality of Clarington assuring compliance with the Zoning By-law, with any associated costa borne by the applicant; and 2.4.5 In all cases a site plan, drawn to scale showing the location of all buildings or structures on the subject property, including the location of all buildings or structures to be used for Kennel purposes. The site plan must also specify the distance which separates the Kennel from all property lines and all buildings, including any residential buildings situated on the adjacent properties; and 2.4.6 In all cases, a list of all Dogs to be kept at the subject property, including both Purebreds and non-Purebreds, and verification of current rabies vaccination for each dog; and 2.4.7 In all cases, the Hobby Kennel Licence Fee or Commercial Breeding Kennel Licence Fee as set out in Schedule "A" of this By-law; and 1139 2.4.8 A swom declaration by the Owner or agent that he/she have never been convicted under Section 446 of the Criminal Code of Canada pertaining to animal cruelty or a similar offence in another country, and for which the applicant has not received a pardon. 2.5 Every Owner applying for a licence for a Commercial Boarding Kennel shall su bmtt the following documentation: 2.5.1 Written clearance from the Municipaltty of Clarington assuring compliance .with of the Zoning By-law, with any associated costs bome by the applicant; and 2.5.2 A stte plan drawn to scale showing the location of all buildings or structures on the subject property, including the location of all buildings, structures, dog runs or faciltties to be used for a Boarding Faciltty. The stte plan must also specify the distance which separates the Facility from all property lines and all buildings, including residential buildings sttuated on the adjacent properties; and 2.5.3 Commercial Boarding Kennel licence Fee as set out in Schedule "A" of this By-law; and 2.5.4 A swom declaration by the Owner that they have never been convicted under Section 446 of the Criminal Code of Canada pertaining to animal cruelty or a similar offence in another country, and for which the applicant has not received a pardon. 2.6 Retusalof Licence 2.6.1 The licensing Officer shall refuse any licence application which does not meet wtth all of the requirements of this By-law. 2.6.2 In the event that a licence is refused, the licensing Officer shall give Notice in wming to the Property Owner by registered mail or personal delivery. 2.6.3 The Property Owner may apply to the Licensing Officer in writing within . twenty (20) days from the date of notice for a hearing before Council. 2.6.4 Upon receipt of a request for a hearing, the Licensing Officer shan arrange for such hearing at a Council Meeting and a notice of the date, time, and location of the hearing shall be given to the Property Owner in writing by registered mail or personal delivery not less that seven days prior to the hearing. 2.6.5 Council shall review the application for licence together with the licensing Officer's reasons for refusal and/or recommendations for conditions to be placed on any licence and shall hear the Property Owner's or agent's verbal or wmten submissions .as to how the application fulfills the requirements of this By-law. 2.6.6 Council, upon reviewing and hearing these submissions confer on the matter and shall render its decision and reasons therefore. In accordance wtth Section 239 of the Municipal Act, Council may confer in Closed Session on the matter but shall render Its decision and reasons therefore in Open Session. 2.6.7 Council may, in rendering Its decision, place special conditions on the licence for a specified time period. 1140 . 2.6.8 The Licensing Officer shall give written Notice of Council's decision to the Owner in writing, by registered mail or personal delivery, within ten (10) days of the decision. 2.6.9 Council's decision shall be final and not subject to further review. 2.7 Licensina Deriod 2.7.1 Licences are valid from the date of issue and expire on March 31" of each year. 2.7.2 Notwithstanding Section 2.7.1 above, the Licensing Officer shall suspend or revoke any Licence issued under the authority of this by- law where the Licensing Officer deems it desirable and necessary. 2.7.3 The provisions of Section 2.6; with necessary modifICations, apply to the suspension or revocation of a License. 2.8 Exemotion from 000 Taos and Three (31 000 Limit 2.8.1 Upon the issuance of a Licence under this By"law, the Property Owner,shall be exempt from the purchase of licenses under the prevailing Responsible Pet Owners By-law for the Dogs in a Commercial Breeding Kennel or dogs in a Hobby Kennel. 2.8.2 Notwithstanding 2.8.1, the Property Owner of a Commercial Boarding Kennel shall not be exempt from the purchase of licenses, under the prevailing Responsible Pet Owners By-law, for Dogs or the three Dog limit in respect to any Dogs owned by the Property Owner unless the Property Owner holds a valid Hobby Kennel Licence for the SUbject property. 2.8.3 Where the total number of Dogs owned and boarded on a particular property does not exceed the number of Dogs permitted under the prevailing Responsible Pet Owners By-law or the Dog OWII8I8 Uability Act, a Kennel Licence is not required under this By-law. 2.8,4 No licence shall be required for the following operations: a) an animal shelter operated by or on behalf of a public authority; b) a veterinary hospital or clinic; c) a publicly funded educational institute; or d) amy facility in which animals are placed for care pursuant to the Pounds Act. 2.9 Licence Display 2.9.1 Each Kennel Licence, when issued, shall be posted in a conspicuous place on the licensed premise. 2.10 Inspections of Premises 2.10.1 The Municipal Clerk, or designate, may, at any reasonable time, inspect the premises of the Owner or Operator of a Kennel and the equipment, and .other personal property used or kept for hire in the carrying on of the Business. 1141 . 2.11 Kennel Regulations - No Property Owner or Kennel Operator shall construct or use a Kennel except with the following provisions: 2.11.1 No Kennel or part thereof shall be used for human habitaflOn or human sleeping purposes nor shall any Kennel or part thereof be structurally connected w~h a dwelling. 2.11.2 The construction of any Kennel shall conform to the requirements of the Ontario Building Code. 2.11.3 No Kennel shall be used unless the following standards are met: a) Dogs shall be housed in individual enclosures, except in the case of puppies less than 6 months of age with or without the b~, unless the pet owner expresses a specific wish for their pets to be. housed together and would not be deemed inhumane to do so. b) Each enclosure shall be large enough to perm~ any Dog enclosed therein to move freely and in particular shall permit each animal confined therein to: i) stand normally to its full height ii) tum around easily iii) move about easily for the purpose of posture adjustments Iv) lie down in a fully extended position v) enable species-appropriate contact vi) provide bitches with nursing puppies an additional 10% space per nursing puppy vii) provide for the social and behavior needs of the Dog. c) Floors shall be of dense concrete or similar light material and shall be adequately sloped to drains. d) Walls shall be non-porous, watertight and easily cleaned and sanitized. Inside surfaces shall be smooth, durable and impervious to facilitate cleaning. e) Where floors are on grade, suitable bedding shall be provided in the form of a raised wood, fibreglass or similar platform, large enough for the Dog to lie on. t) Roof coverings, fastened to sheathing 'or direcUy to the roof joists shall be laid so as to prevent the entrance of rodents and vermin into the facility, and covered w~ suitable materials in order to eliminate leakage and exposure of the dogs to adverse weather cond~ions. g) Ceilings and walls shall abut closely to prevent crevices which can lead to rodent infestation. h) Comers of ceilings, walls and partitions shall be caulked and painted so as to be completely washable. i) Proper air circulation shall be ensured to prevent respiratory disease and to avoid the spread of contaminants, viruses, bacteria and molds. j) The temperature for an indoor facility shall be maintained at a minimum of 150C with a maximum of 270C. Temperatures shall be suitable to the breed, coat length, age and condition of the dogs housed in the Kennel. 1142 f) Outside exercise facilities shall be provided which shall be fenced and maintained in such a manner as to keep the Dogs securely enclosed. Outside exercise funs shall be large enough for Dogs to break into a trot and provide protection. The exercise running surface must be safe and not slippery, and free from debris that could cause injury or damage to the Dog. Each Dog shall be placed in such facilnies at least twiCe in every 24-hour period for not less than 30 minutes each period. The outdoor exercise facility shall be kept in a sannary manner. g) No Dog shall be placed in such facility in inclemen! weather. 2.12 Every Kennel Operator shall maintain the Kennel in a clean and sannary condnion at all times. In particular the Kennel Operator shall ensure that. all excrement, refuse and other objectionable material is removed from the cages and Kennel area at least twice in every 24 hour period including weekends and from the premises once per week for garbage collection. The Animals shall be removed from the cages and Kennel area while area is being cleaned. 2.13 Every Kennel Operator shall ensure that all Dogs are provided wnh an adequate source of clean, fresh drinking water available to them at all times, and adequate, nutritional and contaminant-free food capable of maintaining the Dog in full health and vigor is provided. Food storage bins must be covered, vermin proof and property marked. Food dishes and utensils shall be stored in a clean and protected area. 2.14 The whelping area shall be separated from the individual and/or group kennel enclosures housing other Kennel Dogs, thereby providing the whelping bnch privacy. 3.0 KENNEL MANAGEMENT 3.1 Every Kennel Operator shall provide adequate, regular supervision and efficient knowledgeable health care controls to ensure no harm comes through the association wnh incompatible dogs, sick Dogs or other adversarial animals or vermin. . 3.2 Every Operator of a Boarding Kennel shall maintain Kennel records for each dog boarded at the Kennel. The record shall include: the Dog's name; tattoo or microchip number, the owner's name, address and contact number; and emergency contact number; a daily health record of the Dog including any meds or other health issues; documentation respecting any behaviour incidents. These records shall be maintained for a minimum of 6 months from the date of the stay at the Kennel. 3.3 Every Operator of a Breeding Kennel shall maintain records including: breed, sex, date of birth, the sire and dam, tattoo or microchip number, colour and markings. Individual records shall be developed by the time the Inter is weaned and shall include medications, vaccinations, and examinations for intemal and external parasnBs and the results thereof. 3.4 Every Kennel Operator shall have a established rapport wnh a local veterinary hospnal to deal with emergencies that may arise from time to time. 1143 3.5 Every Kennel Operator shall maintain written dog care procedures and such procedures shall be readily available to all kennel personnel at all limes. These procedures shall include method of handling kennel sickness. injury or death, back-up transportation, and a list appropriate phone numbers for the Clarington Animal Services. humane society, and the veterinarian. 4.0 PENALTIES AND CONDITIONS 4.1 Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction shall be liable to a fine as set out in the Provincia/ Offences Act, R.S.O. 4.2 In the event any provisions of this By-law is deemed invalid or void. in whole or part, by any court of competent jurisdiction. the remaining tams and provisions shall remain in full force and effect. 4.3 Kennel Licenses issued under the Preceding By-law shall remain in force and until the expiry of the licence. 4.4 Kennel Owners/Operators operating under the Preceding By-law that do not meet all the requirements this by-law shall be granted one year, from date of passing of this by-law. to make all necessary changes necessary to comply with this by-law. 4.5 This By-law shall come into full force and effect immediately upon its final passing by Council. Read a first time this day of . 2006 Read a second time this day of . 2006 Read a third time and finally passed this day of ,2006 Mayor Municipal Clerk 1144 Schedule A Fee Schedule Licence Type First Time Renewal Commercial Boarding Kennel $200.00 $150.00 Commercial Breeding Kennel $200.00 $150.00 Hobby Kennel $150.00 $100.00 1145 . ClNJl1gron REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 2, 2006 Report #: CLD-023-06 File#: By-law #: . Subject: ANIMAL SERVICES ASSISTANCE AGREEMENT WITH CITY OF PICKERING - REQUEST FOR SIX-MONTH EXTENSION RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 THAT Report CLD-023-06 be received; 2 THAT Council approve the City of Pickering's request to extend the current agreement to end June 30, 2007; 3 THAT the by-law attached to this report authorizing the Mayor and Clerk to extend the Term of the Agreement with the City of Pickering for a further six month period, to June 30, 2007 be approved; and 4 THAT the City of Pickering be advised of Council's Decision. Submitted by: ()~-~ Reviewed by: Franklin Wu, Chief Administrative Officer CAG*PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1146 REPORT NO.: CLD-022-G6 PAGE 2 BACKGROUND AND COMMENT At. it.s meeting of December 12, 2005, Council passed By-law 2005-237 authorizing the Mayor and the Clerk to execute, on behalf of the Municipality of Clarington, a contract between the Municipality of Clarington and the Corporation of the City of Pickering to provide feed, care and sheltering services to the animals from Pickering on an interim basis. The Term of the Agreement was for six months commencing January 1, 2006 with an option to extend to December 31, 2006. The extension option was invoked. Since January 2006, the Clarington Animal Shelter has taken in a total of 27 cats and 47 dogs from the City of Pickering. Revenues collected from the City of Pickering for our services are approximately $2700 (for the period ending July 31, 2006). Our Animal Services Officers have developed a positive working relationship with the Pickering Animal Control Officers and have adapted well to the increase in activities resulting from this Assistance Agreement. That being said, however, there have been a number of issues identified over the past eight months that supports the notion that sheltering for another municipality is not an optimum long-term scenario. While each municipality is committed to the welfare of their residents and their pets, our priorities and policies are not necessarily consistent. During the Term of the Agreement, the City of Pickering has been working to establish a more permanent solution for the feed, care and sheltering of the animals in Pickering. On September 26, 2006 we received a request from the City of Pickering to extend our Assistance Agreement for a six month Term (expiring June 30, 2007). . Further to the written request for extension, staff have discussed the matter with the Clerk of the City of Pickering and are confident that this six month term should be sufficient time for the City of Pickering to conclude its third party negotiations and would not unduly impact our Animal Shelter. Staff, therefore, recommend that the Assistance Agreement with the CitY of Pickering be extended fora further six month period, to June 30,2007. Recommendation That the draft by-law extending the Term of the Assistance Agreement with the City of Pickering, included as Attachment 2 to this Report, be forwarded to Council for approval. Attachments: Attachment 1 - By-law 2005-237 Attachment 2 - Draft by-law to extend the Term of the Contract Attachment 3 - Request for Extension 1147 ATTACHMENr I l :ro IlEPOIlTI(\:l:>.t'V<:-D(Q THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005- 237 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering, to enter into agreement for the services for the feed, care, and sheltering of animals from the City of Pickering on an interim basis. WHEREAS the Corporation of the City of Pickering requires assistance on an interim basis for the feeding, caring, and sheltering of animals from Pickering; and WHEREAS the Council of the Corporation of the Municipality of Clarington deems n appropriate to providing to the Corporation of the City of Pickering, feed, care and sheltering services to the animals for animals from Pickering on an interim basis; NOW THEREFORE BE IT ENACTED: 1. THAT the Mayor and Cieri< are hereby authorized to executa, on behalf of the Corporation of the Municipality of Clarington, a contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering; 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 12" day of December 2005. By-law read a third time and finally passed this 12" day of December 2005. 1148 THIS AGREEMENT is made as of January 1, 2006 BETWEEN: THE CORPORATION OF THE CITY OF PICKERING ("Pickering") -and- THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON ("Clarington") WHEREAS Pickering has requested that Clarington feed, shelter and care for animals from Pickering on an interim basis and Clarington has agreed to provide such services on the terms and conditions set out in this Agreement NOW THEREFORE Pickering and Clarington agree as follows: Definitions 1. In this Agreement, (a) "Pickering Animals" means the stray dogs and cats delivered by Pickering steff to the Shelter; and (b) "Shelter" means the Clarington Animal Shelter located et 33 Lake Road, Bowmanvllle, ON, that is owned and operated by the Municipality of Clarington. Services 2. Subject to section 4, Clarington shall feed, shelter and care for aU Pickering Animals. 3. Pickering shall provide to Clarington eight cages to provide shelter to Pickering Animals. Pickering shall maintein ownership of these cages. 4. Pickering acknowledges that If the Shelter, including the eight Pickering cages, Is full, it will be Pickering's responsibility to find an altemative place to feed, sheller and care for any additional Pickering Animals. Pickering shall develop a contingency plan for such an event. 5. Clarington shall be the pound-keeper for Pickering and shall feed, shelter and care for all Pickering Animals In accordance with its animal control by.. laws and its approved policies and procedures. 1149 Animal Control Al!feement PlllZe2 6. Pickering shall be responsible for any transfer of any Pickering Animals that require veterinary care to a veterinary clinic. 7. As pound-keeper for Pickering and pursuant to the provisions of the Health Protection and Promotion Act, R.s.a. 19S c. H.7, Pickering Animals shall be quarantined for a period of ten day~ on an order issued by the Durham Region Health Department. 8. Pickering's written approval must be obtained prior to any Pickering Animal is euthanized. After receiving approval from Pickering, Clarington shall contact a veterinary clinic to arrange such euthanasla. S. Redemption dates for all Pickering Animals shall be in accordance with Clarington's policies and procedures. Surrendered Peta 10. Clarington shall only accept surrendered pets from Pickering if space is available in one or more of the eight Pickering cages In the Shel1er. A waiting list shall be established for surrendered pets from Pickering if there is no such space avaUable. Term 11. The term of this Agreement shall be 6 months commencing January 1, 2006. . 12. Pickering shall have the right to extend the term of this Agreement for two further 3-month periods on the same terms and conditions provided it has given notice to Clarington at least 30 days prior to the expiration of the initial term or the first extension period, as the case may be, AND Clarington gives Pickering written notice that it consents to such extension. This Agreement shall not be extended beyond December 31, 2006 without the consent of both parties. Fees 13. For every Pickering Animal, Pickering shall pay to Clarington a $40.00 intake fee. Clarington shall invoice Pickering monthly for all such fees. 14. Pickering shall be responsible for all veterinarian costs and any other costs related to Pickering Animals as are deemed appropriate by Clarington and agreed to by Pickering including, but not limited to, any costs of euthanizing a Pickering Animal and providing veterinary care to a Pickering Animal. Pickering shall be invoiced directly for all such senrices. 2 1150 Animal Control Aoreemenl Paee3 15. In order to ensure consistency, Pickering shall impose the same the impound fees and apply the same impound policies as Clarington. 16. Fees for other animal services provided by Clarington to the public (e.g. adoption fees) shall be in accordance with Clarington's approved fee schedule. Adoption 17. Surrendered or stray animals may be placed for adoption in accordance with the policies and procedures of Clarington. 18. All adoption fees respecting Pickering animals shall be shared equally between Pickering and Clarington. If any Pickering Animals remain at the Shelter for more than 3 months, Claringtonshall be entitled to such larger share of the adoption fee respecting such animals as the Clerks of Clarington and Pickering agree upon. Boarding 19. Pickering acknowledges that Clarington does not offer boarding services. All requests for such services received by Pickering shall be referred to local veterinarians and kennels. Hours of Operation 20. The hours of operation for Pickering's animal control services shall mirror Clarington's hours of operation to ease the co-ordination of shelter services. The scheduled hours are 7:00 a.m. to 6:00 p.m. Monday to Friday and 7 a.m. to 3 p.m. on Saturdays. 21. For shelter requirements outside of normal opereting hours (emergency services), Pickering staff shall contact the designated Clarington on-call staff to make the necessary arrangements to enter the Shelter. Clarington shall invoice Pickering monthly for all on-call services provided to Pickering. Recorda 22. In accordance with the Pounds Act: R.S.O. 1990, P.17, Clarington shall be responsible for maintaining accurate records on behelf of Pickering. If requested, Clarington shall provide copies of all such requests to Pickering. 3 1151 Animal Control Al!reemcnt Pa2e 4 Default 23. If at any time Pickering is in defauR In the performance of any of its obligations under this Agreement and such default continues for 15 days after the receipt by Pickering of notice from Claringlon setting out the particulars of such default, Clarington shall have the right to terminate this Agreement General 24. Pickering shall not assign Ihis Agreement without prior approval from Clarington. 25. Pickering staff shall have the right at all reasonable times to enter the Shelter provided such entry does no interfere with Clarington's use of the Shelter. 26. No amendment to this Agreement shall be effective unless R is in wrRing and signed by both parties. 27. (1) Any notice to Pickering under this Agreement shall be in writing and shall be delivered to the following address: Pickering CMc Complex One The Esplande Pickering, Ontario L 1V 6K7 Attention: CRy Clerk (2) Any notice to Clarington under this Agreement shall be in writing and shall be delivered to the following address: Municipal Administrative Centre 40 Temperance Street Bowmanville, Ontario L1C3A6 Attention: Municlpai Clerk (3) Notice shall be sufficiently given if delivered in person or sent by registered mal or sent by facsimile transmission during normal business'hours on a business day. (4) Each notice sent shall be deemed to have been received on the day R was delivered or on the third business day after R was mailed. 4 1152 Animal Control A2reemenl Pal!eS , ! (5) The parties may change their address for notice by giving notice to . the other in the manner provided In this section. THE CORPORATION OF THE CITY OF PICKERING Per. Per. I Debl A. Bentley, City Clerk THE CORPORATION OF THE MUNICIPAliTY OF CLARINGTON Per. Per. 5 1153 ATTACHMENT' a :ro REPORT , 0.J>-C2~ CD<.,. Attachment 2 THE CORPORATION OF THE MUNiCiPALITY OF CLARINGTON BY-LAW 2006- Being a by-law to authorize an extension of the Tenn of the Contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering for a further six month period, to June 30, 2007. WHEREAS the Corporation of the City of Pickering requires assistance on an interim basis for the feeding, caring and sheltering of animals from Pickering; and WHEREAS the Council of the Municipality of Clarington passed by-law 2005-237 authorizing the execution of a contract between the Municipality of Clarington and the City of Pickering for the feeding, caring and shelter of animals on an interim basis, with a Tenn expiring on December 31, 2006; and WHEREAS the City of Pickering has request~ that the Tenn of the Agreement authorized by By-law 2005-237 be extended for a further six month tenn, to June 30, 2007; and WHEREAS Staff indicate that such an exte~ion would not unduly impact the Clarington . Animal Shelter; NOW THEREFORE BE IT ENACTED: 1. That the Mayor and Clerk, are herby authorized to extend, on behalf of the Corporation of the Municipality of Clarington, the contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering for a further six month period, to June 30, 2007. By-law read a first and second time this day of October, 2006. By-law read a third time and finally passed this day of October, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk 1154 ::;l:1.-2I:h:~UUli rut: Ul:21 I'M UlTY .U~ 1'1L:I\.t:K1N\.i ~fl~ NU. ~Ub 4~U ~lilib r. U~ ~ .'. 5""" I ~:- PICKERING CORPORATE SERVICES DEPARTMENT Oerk"& DivisiOn Di_ 905.420.4611 Facsimile 905.420.968S clerb@Clly.picl<ering.on.ca ATTACHMENT {l3 TO REPORT {I (J.;}) -t>2'>. -,.,. c. Plclcering Civic Complel< One Tho> Esplanade Pic:l<ering. ontario Canoda UV6K7 Direcl Access 905.420.4660 '101 _1.866.683.2:760 cltyofpickering.com September 26, 2006 Patti L. Barrie Munlcipal Clerit Municipality of Clarington 40 Temperance Street Clarington, ON L 1 C 3A6 Subject Extension of Animal Shelter Agreement Clarington Animal Shelter - File: 8-3010 The Council of the Corporation of the City of Pickering considered the above matter at a meeting held on September 25, 2006 and approved the following: 1. That the Animal Shelter Agreement with the Municipality of Clarington be extended for a further six month period, to June 30, 2007, and 2. Further, .... the appropriate officials of the City of PiCkering be authorized to take the necessary actions to give effect thereto. On behalf of City Council, we wanted to also extend our sincere thanks to the Municipality of Clarington for assisting us as we develop Animal Services. It has . . been a year of extreme groWth with this service, and without C1arington's help we would not have been able to deliver a high level of service to our residents. In September, the City issued an Expression of Interest and are currently in negotiations with a third party to assist-us with our animal shelter services, 60 you will be kept apprised of our plan in this regard. 1155 :;1:~-~th~UUij TU!:. Ul:~{ ~n (;!TY liI' ~WII.!:.I(lN(i fAX NU, ~Ub 4~U ~ijBb Subject: Animal Shelter Agreement September 26, 2006 Page 2 . . Should you require further informatIon. please do not hesitate to contact the undersigned at 905.420.4660 extension 2153. I f CB/ab Copy. Yours truly. I Debi A Bentley, CMO, CMMIII City Clerk . Chief Administrative Officer Cirector, CorPorate Services & Treasurer City Solicitor . . SupervisOr. Animal Services 1'. UJ 1156 Clmil1gron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: October 2, 2006 COD-059-06 File#_ By-law # Date: Subject: CO-OPERATIVE TENDER T06036, THE SUPPLY OF POOL CHEMICALS AND SUPPLIES Recommendations: it is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-059-06 be received; 2. THATthe Glen Chemicals Ltd., Toronto, Ontario, with a total contract value of $21,416.72 for the first year, being the lowest responsible bidder meeting all terms, conditions and specifications of the C<roperative Tender T06036, be awarded the contrad to supply Pool Chemicals and Supplies to the Municipality of Clarington, as required by Community Services; 3. THAT the contract be entered into for a one year term, and pending satisfactory service, pricing and agreement by the Durham Purchasing C<roperative, the contrad be extended for a second and third year; and 4. THAT the funds be drawn from the respective years Community Services current operating budget Submitted by: Reviewed bY:() A t2,J e-~ Franklin Wu, Chief Administrative Officer ph Caruana Iredor of Community Services MM*LAB*LM*sm 1201 REPORT NO.: COO..()S9-46 PAGE 2 BACKGROUND AND COMMENT Tenders were called on a co-operative basis by the Town of Ajax, which included the Pool Chemical and Supplies. requirements of the Municipality of Clarington. One tender which was . compliant was received and tabulated for estimated requirements of the Municipality of Clarington, as per Schedule "A" attached. Glen Chemicals submitted a total bid amount for the first year of $78,904.08. The Municipality of Clarington's requirements for this contract is $21,416.72 (plus applicable ta)ces) for the first year of the contract. For the informatiOn of Council, the unit prices represent an approximate 1 % increase over the prices provided, for 2005. After review and analysis of the bid by Purchasing and Community Services staff, It was mutually agreed that the bidder, Glen Chemicals Ltd., Toronto, Ontario, be recommended for the contract to supply Pool Chemicals and Supplies to the Municipality of Clarington. The required funds will be drawn from the respective year's Community Services operating budget The Director of Finance has reviewed the funding requirements and concurs that It is part of the normal operating budget expenditures. Queries with respect to department needs, specifications etc., should be referred to the Director of Community Services. Glen Chemicals Ltd. has provided satisfactory service to the Municipality of Clarington in the past CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-3330 1202 Schedule "A" CJiJJilJgton BID SUMMARY CO-OPERATIVE TENDER T06036 POOL CHEMICALS AND SUPPLIES Glen Chemicals Ltd. Toronto, Ontario $21.416.72 Year 1 $24,629.23 Year 2 $28,323.62 Year 3 . Note: Above pricing includes P.S. T. only. 1203 Clw:il1gron REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 2, 2006 Report #: COD-OSD-OS File#_ By-law # Subject: CO-oPERATIVE TENDER TC1161-06, CO-OP ARMOURED CAR SERVICES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report COD-OSO-OS be received; 2. THAT the Armoured Courier Express Inc., Whitby, Ontario, with a bid price of $32,160.00 (plus applicable taxes) for the first year and a total bid price of $170,741.80 (plus applicable taxes) for the five year term being the lowest responsible bidder meeting all terms, conditions and specifications of Co-operative Tender C11S1-OS be awarded the contract to provide Armoured Car Services for a fIVe year term as required by the Municipality of Clarington's Finance Department; and 3. THAT the funds be drawn from the respective year's Finance Departmenfs current operating budget. 0~ 'Marie Marano, H.B.Sc., C.M.O. Director of Corporate Service Reviewed by: 0 .~ 0....Jk.. Franklin Wu, Chief Administrative Officer MM*LAS*LM*sm 1204 REPORT NO.: coooOeooOe PAGE 2 BACKGROUND AND COMMENT Tenders were called on a cO-operative basis by the City of Oshawa, which included the Armoured Car Service requirements of the Municipality of Clarington. Three tenders were received and tabulated for estimated requirements of the Municipality of Clarington, as per Schedule "A" attached. Subsequently, bids were received and tabulated as follows: Armoured Courier Express Ltd. Whitb ,ON Inkas Security Service Toronto, ON G4S Cash Services Toronto,ON $648,994.07 $693,090.54 $1,099,142.05 Of the total bid amounts indicated, the Municipality of Clarington requirements amount to $170,741.80 (plus applicable taxes) in total for the five year contract duration. For the information of Council, the prices received represent an approximate 6.7% increase over the current 2005 prices. Mer review and analysis of the bid by Purchasing and Finance staff, it was mutually agreed that the bidder, Armoured Courier Express Inc.. Whitby, Ontario, be recommended for the contract to provide Armoured Car Services to the Municipality of Clarington. The required funds will be drawn from the respective year's Finance operating budget The Director of Finance has. reviewed the funding requirements and concurs with the recommendation. Queries with respect to deparbnent needs, specifications etc., should be referred to the Director of Finance. Reference checks were completed by the host agency, City of Oshawa, on Armoured Courier Express Inc. and came back satisfactay. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-33t'!05 ClfJlmgron REPORT ALMlNISTRATION Meeting: General Purpose and Administration Committee Date:. October 2, 2006 Resolution #: Report #: ADM-06-06 File#: By-law #: Subject: REPEAL OF BY-LAW 2001-141 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ADM-06-06 be received; 2. THAT By-law 2001-141 as amended, be repealed; and 3. . THAT Mr. Richard Ward be advised of Council's decision. Submitted By: O~ ~~, Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVIlLE, ONTARIO LIe 3A6 T (905)623-3379 F (905)623-5506 1401 REPORT NO.: ADM-06-06 PAGEl 1. BACKGROUND 1.1 Mr. Richard Ward appeared before Council on September II, 2006 requesting his legal representative be allowed to negotiate for the repeal of By-law 2001-141 and By-law 2003-171 (copy attached). The subject matter was referred to the Chief Administrative Officer to follow up with Mr. Ward. . 1.2 In a brieftelephone conversation with Mr. Ward on September 22, 2006, Mr. Ward requested By-law2001-141 and Amending By-law 2003-171 be repealed and all information leading to the passage of the By-laws be disclosed. 1.3 The reasons leading to the passing of By-law 2001-141 are contained in the pre-amble section which read: "WHEREAS Council is satisfied that Richard Ward of 3709 Regional Road No.9, Orono, Ontario, on several occasions, has verbally abused certain employees at the Municipal Administrative Centre and on one recent occasion at the Orono Worlcs Yard of the Municipality of C1arington; AND WHEREAS the verbal abuse is not compatible with the maintenance of a safe and secure work environment for employees and members of council so that they can discharge their duties to the public without constraint; AND WHEREAS Council is satisfied that if Richard Ward continues to be permitted to enter the Municipal Administrative Centre and Orono Works Yard without restriction, the verbal abuse is likely to be repeated and that repetition of it will improperly constrain affected employees and members of council in the discharge of their duties." 1.4 In accordance to the Council minutes taken on July 6,2001, Council met in Closed Session for the purpose of discussing a legal matter. The Chief Administrative Officer was not present at that meeting but has ascertained that the discussion held during the Closed Session was related to matters pertinent to the passing of By-law 2001-141. Except for Councillor Trim, all members of Council were present in addition to the Municipal Solicitor, the Acting Chief Administrative Officer, the Municipal Cleric, and Inspector Tom Cameron from the Durham Regional Police. 2. COMMENTS: 2.1 Paragraph 3 of the By-law provides for the Chief Administrative Officer to grant entry permission to Mr. Ward for those situations where the normal mean of communication 1402 REPORT NO.: ADM-06-06 PAGE 3 would not be feasible. In this regard, Mr. Ward has made several requests over the last five years and the Chief Administrative Officer has granted entry permission to every request 2.2 Since the passing of By-law 2001-141, there has not been any reported incident or complaint from any staff member pertinent to Mr. Ward's approach or manner in dealing with municipal staff. It would appear the continuation of By-law 2001-141 would not serve any useful purpose and the Chief Administrative Officer would recommend the By~ law be repealed. 2.3 Repealing of the By-law does not preclude Council from re-enacting a similar By-law in the future should circumstance warrant such action in the future. 1403 .' , '- . ;':~ . ATTACHMENT , d. :ro REPOIIT, ADH -ot,.o6 Alil~...-, JV BY-lAW '~;I.lJ THE CORPORATION OF THE MUNICIPAUTY OF CLARINGTON BY"LAW 2001-141 Being a By-law to maintain a safe and secure work environment at the Municipal Administrative Centre and the Orono Works Yard WHEREAS Council is satisfied that Richard Ward of 3709 Regional Road No.9, Orono, Ontario, on several occasions, has verbally abused certain employees at the Municipal Administrative Centre and on one recent occasion at the Orono Works Yard of the Municipality of Clarington; AND WHEREAS the verbal abuse is not compatible with the maintenance of a safe and secure work environment for employees and members of council so that they can discharge their duties to the public without constraint; AND WHEREAS Council is satisfied that if Richard Ward continues to be permitted to enter the Municipal Administrative Centre and Orono Works Yard without restriction, the verbal abuse Is likely to be repeated and that repetition of it will improperly constrain affected employees and members of council in the discharge of theirduties; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON enacts as follows: 1. Except for a purpose listed in section 2, Richard Ward is not permitted to enter the Municipal'Administrative Centre, 40 Temperance Street, Bowmanville, Ontario and the Municipality's Orono Works Yard, 3585 Taunton Road, Orono, Ontario, without the prior written permission of the Chief Administrative Officer. 2. Notwithstanding section 1, Richard Ward may enter the Municipal Administrative Centre for the purpose of: a) attending hearings of the Municipality's Property Standards Committee or the Committee of Adjustment respecting matters that affect the property in which he resides at 3709 Regional Road , No.9, Orono, Ontario; b) . attending public meetings of Council and the General Purpose and Administration Committee provided that he complies with the rules of conduct which apply to ail persons who attend these meetings; c) attending hearings of the Ontario Municipal Board and the Assessment Review Board respecting matters that affect the property in which he resides at 3709 Regional Road No.9, Orono, Ontario. 3. In determining whether to give the written permission referred to in section . 1, the Chief Administrative Officer shall be satisfied that the purpose of the proposed entry by Richard Ward is one that could not be reasonably achieved by communication with staff or members of council by telephone, telefax or mail, and that Richard Ward's statement of his requested entry is made in good faith. 1404 :.1' ~ ~~,.. . '. -2- 4. Richard Ward be given notice ofthe passing of this by-law. , 5. A person who contravenes any provision of this by-Iaw.s guilty of an offence and liable to a fine on conviction as provided in the Provincial Offences Act, R.S.O. 1990. c. P.33, as amended. 6. This by-law comes into effect on the day on which it Is finally passed. By-law read a first and second time this 6111 day cif July 2001. By-law read a third time and finally passed this 6111 day of July 2001. 1405 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003-171 being a by-law to amend By-law 2001-141 WHEREAS Council of the Municipality of Clarington deems it expedient to amend By-law 2001-141, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. By-law 2001-141 is amended by renumbering sections 4,!) and 6 as sections 5. 6 and 7 and by adding a new section 4 as follows: "4. None of the provisions of this By-law shall apply or shall be deemed to apply to prohibit Richard Ward from entering the lands and premises referred to in section 1 for any purpose provided for in the Municipal Elections Act, 1996, S.O. 1996, c.32, Sch., s. 1(1), as amended or for the purpose of hearing the Municipal Clerk announcing to the public the results of a regular election or a by-election conducted under the Municipal Elections Act, 1996, as amended." 2. Richard Ward shall be given notice of the passing of this By-law. 3. This By-law comes into effect on the day on which it is finally passed. By-law read a first time this 31st day of October, 2003. By-law read a second time this 31st day of October, 2003. By-law read a third time and finally passed this 31st day of October, 2003. 1406 A1TACIlMENT,2., TO REPORT # AJ)rf)-f~".. Ow THE CORPORATION OF THE MUNICIPALITY OF ClARlNGTON BY-LAW 2006- Being a by-law to Repeal By-law 2001-141, a By-law II' maintain a safe and secure work environment at the Municipal Administrative Centre and the Orono Works Yard WHEREAS on October 2, 2006 the Council of the Corporation of the Municipality of Clanngton enacted By-law 2001-141; and WHEREAS on October 16, 2006 the Council of the Corporation of the Municipality of Clanngton adopted the Recommendations contained In Report ADM-OO~; NOW THEREFORE BE IT ENACTED: 1. THAT By-law 2001-141, as amended, Is hereby repealed. By-law read a first time this xx" day of October 2006. By-law read a second time this xx" day of October 2006. By-law read a third time and finally passed this XX'" day of October 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk /~ 1407 (/j UNFINISHED BUSINESS CIMmglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 2, 2006 Addendum To . Report #: PSD-OSO-06 File #: PLN 7.9 By-law #: Subject: ADDENDUM TO REPORT PSD-OSO-06 USE OF POppy SYMBOL ON STREET SIGNS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT the Addendum to Report PSD-080-06 be received; 2. THAT the Policy for War Dead and War Veteran Names for Streets be amended as shown on Attachment 1 to Report PSD-080-06; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. . Crome, M.C.I.P., R.P.P. or, Planning Services '\ Reviewedbyd ~~~ Franklin Wu Chief Administrative Officer DJC/df 22 September 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1501 ADDENDUM TO REPORT PSD-080-06 PAGE 2 1. On June 19, 2006 I reported to the General Purpose and Administration Committee of a number of streets which were requested to be retroactively considered for recognition with a poppy symbol.. At the time Report PSD-080-06 noted that the three names requested were named for families or persons of historic significance in the community and not necessarily for a war veteran or soldier that died in overseas service. The recommendation was that streets should not be retroactively assigned a poppy. At the meeting, Mr. John Greenfield, the representative of the Royal Canadian Legion, Branch 178, appeared in opposition of the proposal. He indicated that if a poppy was placed on the sign it would not take away from the intent to name the street after a prominent member of the community, but rather a poppy would add significance. Mr. Greenfield requested Council to turn down the staff recommendations contained in Report PSD-080-06. 2. The General Purpose and Administration Committee adopted the following resolution: THA T Report PSD-OBO-06 be referred to staff; THA T staff arrange a meeting with the Royal Canadian Legion, Bowmanville, Branch 178 to develop a strategy for street naming; THA T staff seek input from Emergency and Fire SeNices; and THA T staff report back to Council. 3. On August 21, 2006, staff met with various people with an interest in street naming for historic purposes. This included: . Jim Connell, President, Royal Canadian Legion, Branch 178 . John Greenfield, Street-Name contact for Royal Canadian Legion Branch 178 . Bill Calver, local historian and member Royal Canadian Legion Branch 178 . Francis Jose, Newcastle Historical Society . Helen Schmid, local historian and author At the meeting, information was provided that the street names referenced - Millson Hill Drive, Jackman Road and Tooley Road - were not named for veterans or war dead. There was a consensus of those present that the use of the poppy symbol retroactively should not be considered because the streets were generally named for families as a whole or for other persons not necessarily involved in the military. In this regard, the staff recommendations were supported. 4. There was a concern that there were persons of considerable historic significance to the community who were not on the street name list (e.g. Eldad Johns in Orono). It was also noted that in the past, when names were not tied to specific communities, some 1502 ADDENDUM TO REPORT PSD-080-06 PAGE 3 names had been used in the wrong urban area. Our present policy is to assign names to the community that people were associated with and not Clarington as a whole. 5. As requested, this report has been reviewed by the Director of Emergency and Fire Services. The only concern of Emergency and Fire Services is that there be no duplication in street names. 6.0 CONCLUSION It is recommended that Council adopt the amendments to the Policy for War Dead and War Veteran Names for Streets as shown on Attachment 1 to Report PSD-080-06. This report has been reviewed by the Director of Emergency and Fire Services. Attachment: Attachment 1 - Copy of Report PSD-080-06 List of interested parties to be advised of Council's decision: Jim Connell John Greenfield Bill Calver Francis Jose Helen Schmid Edward Millson 1503 Auacnmem I To Addendum Report PSD-080-06 Cl!J!i!JglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 19, 2006 Report #: PSD-080-06 File #: PLN 7.9 By-law #: Subject: USE OF POPPY SYMBOL ON STREET SIGNS AMENDMENTS TO THE POLICY FOR WAR DEAD AND WAR VETERAN NAMES FOR STREETS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-080-06 be received; and 2. THAT the Policy for War Dead and War Veteran Names for Streets be amended as 'shown on Attachment 1. I J. Crome, M.C.I.P., R.P.P. or, Planning Services -by. ~~. nklin Wu .:fJ' Chief Administrative Officer DJC/sh 12 June 2006 CORPORATION OF THE MUNICIPALITY OF CLARlNGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1504 REPORT NO.: PSD-080-06 PAGE 2 1, In May 2001, Council adopted a revised policy on the recognition of Clarington's war dead and veterans through street names in the Municipality. At that time, the decision was taken to introduce the poppy symbol on the street signs for the street This has proven to be extremely well-received; \ 2. Earlier, the MUnicipality had a practice of recognizing historic names of early settlers and community builders. Some of this occurred prior to the amalgamation and creation of what is now the Municipality of Clarington. Naturally, a number. of older families in the community that were recognized with a street name also had sons (or daughters) that served in the military overseas and killed in action. 3. Staff has received a number of inquiries requesting that the poppy symbol be used for other existing streets in the Municipality where there is some association with a veteran, As far as staff can .tell, these streets were named for early families or individuals and not a veteran or soldier killed in action. 4. At the present time there are three inquiries to replace street signs with those having a . poppy symbol: . Millson Hill Drive in Orono . Jackman Road in Bowmanville . Tooley Road in Courtice 5. It should be noted that the Municipality instituted the Book of Service as a means of honouring Clarington veterans, since all could not be recognized through the street names project for one reason or another. . 6. It is proposed that the poppy symbol would not be placed retroactively on streets signs for those streets that existed prior to the program unless there is proof that the street was specifically named for a veteran or soldier killed in action. Accordingly, the Policy for War Dead and War Veteran Names for Streets would be modified by adding a new Section 8 as per Attachment 1. 7. The Policies for War Dead and War Veteran Names for Streets also require some "housekeeping" amendments. . Pethick Street is named for a war veteran from the Peninsular War (1808-1814) and this war needs to be added to the list of recognized military actions in Policy 1 (see Attachment1 ). . Those who were killed in a peacekeeping action have always been recognized as "war dead", However, the war veteran's policy (Policy 2) has not recognized those who have served in a peacekeeping action as "war veterans". It is proposed Policy 2 be amended to recognize veterans who served as peacekeepers in oVerseas combat roles. . Changes are shown in bold. Attachment s: Attachment 1 - Modified Policies for War Dead and War Veteran Names for Streets 1505 Attachment 1 To Report PSD-OBO-06 Municipality of Clarington Planning Services Department Polici~ SECTION: SUBSECTION: Development General PSD-D010 APPROVED BY: [gI Council o CAO. DATE APPROVED/UPDATED: May 29, 2001/June 26, 2006 SUBJECT: War Dead and War Veteran Names for Streets PURPOSE: To honour the memory of men and women from Clarington who have fought in a war or served in peacekeeping assignments overseas as part of Canada's military. POLICIES: 1. For the purpose ofthis policy, the "war dead" refers to those persons who died serving overseas in active military duty during the Peninsular and Crimean Wars, the Boer War, World War 1, World War 2, the Korean War or any peacekeeping action initiated by the United Nations or NATO in which Canada played an active military role. 2. For the purposes of this policy, "war veterans. refers to those persons who voluntarily enlis\ed.withCanada's military forces and served overseas in active duty during the Boer War, World War 1, World War 2 and the Korean War, or any overseas peacekeeping action initiated by the United Nations or NATO in which Canada played an active military role. 3. The use of war dead and war veterans' names will comply with the Region of Durham street-naming policy. 4. The war dead and war veterans that will be honoured in this manner are those men and women who were residents of Clarington at the time that they enlisted. 5. Municipal staff will work with the Royal Canadian Legion in determining the man and women that qualify for recognition. 6. The MuniCipality will encourage the use of war dead and war veterans' names within plans of subdivision on the following order of priority: a) Soldiers killed or missing in action; b). War veterans who have died: c) War veterans who are still living. 7. Street signs honouring war dead and war veterans will include a poppy in the design. 8. Streets previously.named for individuals of historic significance or Clarington families and not specifically identified at the time for a specific war dead or war veteran will not be recognized with a poppy on the street name sign. 1506 UNFINISHED BUSINESS CJNillgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 2, 2006 Report #: Addendum Report to CLD-D19-06 File#: By-law #: Subject: ANIMAL SERVICES QUARTERLY REPORT - APRIL TO JUNE, 2006 - CORRECTIONS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report CLD-019-06 be received; and 2. THAT a copy of Addendum to Report CLD-019-06 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. Submitted by' d~~u~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*cag CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE. ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 1507 ADDENDUM REPORT TO CLD-019-06 PAGE 2 BACKGROUND AND COMMENT On September 18, 2006, Council received Report CLD-019-06 reporting the activities and revenues pertaining to Animal Services for the months April to June 2006. Staff regret to advise Council that statistics reported as "Quarterly" were actually for the month of June 2006, and the "Year-to-Date 2006" statistics were actually for the Second Quarter of 2006. We apologize for any confusion this may have caused. Attachment #1 to this report are the statistics reporting the activities and revenues pertaining to Animal Services for the months April to June 2006, and year-to-date for 2006. Attachment #1 Animal Services Monthly Report . Interested parties to be advised of Council's decision: Ms. Liz White Animal Alliance of Canada Animal Advisory Committee 1508 CLERK'S DEPARTMENT ANIMAL SERVICES DIVISION ATTACHMENT NO.1 ADDENDUM REPORT to CLD-019.2006 ANIMAL SERVICES QUARTERLY REPORT April to June 2006 PICKED UP BROUGHT IN RETRIEVED BY OWNERS SOLD TO RESIDENTS SOLD TO RESEARCH EUTHANISED DEAD ON ARRIVAL QUARANTINE 48 106 8 89 o 21 36 9 WRITTEN WARNINGS 79 131 127 OTR, POA, SUMMONS nla 17 8 CONVICTIONS nla 12 5 CALL-OUTS AFTER 18 23 19 HOURS OVER-TIME HOURS 54 72 60 DOGS & CATS RELEASED $135 0 $405 $30 $180 $150 LICENSES $20,183 $4,339 $24,310 $4,673 $15,364 $1,918 SOLD TO RESEARCH 0 0 0 0 0 0 SOLD TO RESIDENTS $1,425 $1,890 $3,375 $4,050 $2,400 $3,870 DOGS & CATS REDEEMED $2,864 $80 $4,990 $80 $2,658 $165 SUB-TOTAL $24,607 $6,309 $33,080 $8,833 $20,602 $6,103 TRAP RENTAL $102 $177 $108 TOTAL REVENUE $31,018 $42,090 $26,813 Euthanized 2006 Dogs. 1 injured, 6 Disposition, 1 Court order Cats. 6 sick, 6 injured. 6 feral Euthanized 2005 Dogs - 2 sick, 3 behaviour Cats. 10 sick, 4 injured. 3 behaviour 1509 Ms. Liz White Animal Alliance of Canada 221 Broadview Avenue Suite 101 Toronto, ON M4M 2G3 Animal Advisory Committee 1510 I ~ : ClmilJgton I I I I I I I I I I I I I I I I MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Anne Greentree, Deputy Clerk Date: September 28, 2006 Subject: GENERAL PURPOSE & ADMINISTRATION COMMITTEE MEETING AGENDA - OCTOBER 2, 2006 - UPDATE Please be advised of the following additions to the Agenda for Monday's General Purpose and Administration Meeting: 1. ~ELEGATIONS (iN Bill Calver - Addendum to Report PSD-080-06, Use of Poppy Symbol on \ Street Signs (ii) ~ard Ward - Report to ADM-006-06, Repeal of By-law 2001-141, as amended 2. CORRESPONDENCE - Attached for your information only, is the following item of correspondence: (i) Gertrude Tomina - Report PSD-105-06 - regarding Zoning By-Law 84-63 AG*bmb 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 .' I I I I I I I I I I I I I I I I I I September 27, 2006 Municipality ofClarington, 40 Temperance Street, Bowmanville, Ont. Ll C 3A6 FiI2 C1211/I2D Sfp 2 ' ATTENTION; PLANNING DEPARTMENT I'Mil 81Ot/fJ I Re; Gertrude Tomina - Zoning By-Law 84-63 , W:1P4llry I . 'A, VOFi.:F CVIRIN ;' We oppose this application and feel it is premature at this time for the follow Of."j::1ce GrON reasons: This property at 2735 Hancock Road sits in Green Belt and is outside the Urban boundary. A building ofthis size where possibly many many people would use it has no Storm Sewers or Fire Hydrants. This building would be used 12 months of the year and possibly 24 hours a day. Entry to this property off Hancock Road going north from Highway 2 has had no improvements for many years and cars have to pull over into oncoming traffic to enter the Driving range. The operation and building of this size would be much better suited in South Courtice or South Bowmanville in the Recreational park area that already have services in place, where Clarington planning already has approved this type of operation. It would also suit the area rather than along Highway #2. Marion Weber, Donald, John and Carol Muir 1831 Highway #2, Courtice, Ont. LIE 2M4 CC; Carlos Salazar David Crome I Mayor John Mutton Councillor Schell Councillor Pingle Councillor McArthur Councillor Robinson Councillor Adrain Councillor Trim I :~ I I I I I I I I I I I I I I I I , , 060e '''riiI'EMO Administration To: Mayor and Members of Council From: Franklin Wu Date: October 2, 2006 Subject: PROPOSED RESOLUTION - OPTION A Rogers Cable has put in a request to use the Council Chambers on October 19, 2006 in the evening for the purpose of hosting a debate of the candidates for the Mayor's office. I have reviewed Council's adopted policy from a few years back, and advised Rogers that our policy would appear to prohibit the proposed event to be held at the MAC. Rogers indicated that the MAC building is an ideal location because it is already wired and ready to go. I advised Rogers that I will bring this matter to COI.lncil's attention at Monday's GPA and it would be Council's decision whether it wishes to waive the policy. For your information, the Board of Trade has made a similar request earlier and was advised of the same policy, and the Board is going somewhere else. To be consistent my suggestion is not to waive the policy. In the event Council decides to allow Rogers to use Council Chambers, I would recommend that you impose the following conditions. Proposed Resolution Option A THAT Rogers Cable be advised that the Council Chambers is off limits for political debates. Option B THAT Rogers Cable be permitted to use the Council Chambers on October 19, 2006 for a municipal election debate subject to: 1. That Rogers reimburses the Municipality for all costs incurred in providing staff overtime for building security and maintenance; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-5717 I I I I I I I I I I I I I I I I I I I ) MAYOR AND MEMBERS OF COUNCIL PAGE 2 2. That Rogers undertakes to notify all candidates that except for the actual debates among the candidates there shall be no display of any political campaign materials, banners, signage, buttons, etc. within the MAC building. I would appreciate if one of you would bring this matter up under Other Business at today's GPA. 6 ~ ---,---LJk- Franklin Wu Chief Administrative Officer cc: Patti Barrie I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I <( coo -~ - ti= - "'C C C co co C> - .- en-U Q) .- u~ <( c Q) Q) ~ ~ ~I Q) S .~ Q) a..z .- . . o ~ o N o +-' CO o o N C CO ..., +-' ::J - o en Q) L- Q) ..c +-' '+- o en E L- ~... c o +-' ::J - Q) -OCO~ ':.;j en ~ffioo en~~ Q)en+-' ::J Q) CO enL-- .~ '0 ~ cen8.. CO Q) en C> C>.- .- CO "'C ..c (.) 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