HomeMy WebLinkAbout02/04/2008
CJ.fJLiJ1gton
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE:
TIME:
PLACE:
February 4, 2008
9:30 A.M.
COUNCIL CHAMBERS
1. ROLL CALL
2. DISCLOSURES OF PECUNIARY INTEREST
3. ANNOUNCEMENTS
4. MINUTE$
(a) Minutes of a Special Meeting of January 18, 2008
(b) Minutes of a Regular Meeting of January 21, 2008
401
413
5. PRESENTATIONS
There are no presentations.
6.
DELEGATIONS (List as of time of Publication)
601
(a) Jason King, Alcatraz, Regarding Report EGD-009-08
(b) Richard Ward, Regarding numerous topics that were received in the
past without action.
7. PUBLIC MEETINGS
(a) Application to Amend the Clarington Zoning By-Law and Proposed Draft 701
Plan of Subdivision
Applicant: William Tonno Construction Limited and Kingsberry
Properties
Report: PSD-012-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
G.P. & A. Agenda
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February 4,2008 .
8. PLANNING SERVICES DEPARTMENT
(a) PSD-012-08 Environmental Impact Study - Kingsberry/Tonno
Applications for Draft Plan of Subdivision and Zoning
By-Law Amendment
Applicant: William Tonno Construction Limited and
Kingsberry Properties
801
(b) PSD-013-08 Monitoring of the Decisions of the Committee of
Adjustment for the Meeting of January 17, 2008
826
(c) PSD-014-08 Annual Report on Site Plan Activities for 2007
830
(d) PSD-015-08 Update on the Implementation of the Growth Plan for the 844
Greater Golden Horseshoe, 2006
(e) PSD-016-08 Draft Plan of Condominium Application 858
Applicant: 1709599 Ontario Inc.
9. ENGINEERING SERVICES DEPARTMENT
(a) EGD-008-08 Appointment of Inspector
(b) EGD-009-08 Courtice Skate Park Naming
901
904
. 10. OPERATIONS DEPARTMENT
No Reports
11. EMERGENCY AND FIRE SERVICES DEPARTMENT
No Reports
12. COMMUNITY SERVICES DEPARTMENT
No Reports
13. MUNICIPAL CLERK'S DEPARTMENT
(a) CLD-003-08 2006 Municipal Election..;. Charges Against the
Municipality of Clarington in the Ontario Court of Justice
(b) CLD-004-08 2008 Animal Licence Sales Campaign
(c) CLD-005-08 Volunteer Recognition Event 2008
(d) CLD-006-08 Appointment of a Parking Enforcement Officer
1301
1305
1308
1311
G.P. & A. Agenda
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February 4, 2008
14. CORPORATE SERVICES DEPARTMENT
(a) COD-004-08 Tender CL2007-51, Grass Cutting and Trimming 1401
(b) COD-008-08 Contract Agreement - Bell Mobility 1404
(c) COD-009-08 Tender CL2007-52 Supply & Delivery of Oils & Lubricants 1407
15. FINANCE DEPARTMENT
(a) FND-003-08 List of Applications for Cancellation, Reduction,
Apportionments or Refund of Taxes
1501
(b) FND-004-08 Municipal Infrastructure Investment Initiative
1507
16. CHIEF ADMINISTRATIVE OFFICE
No Reports
17. UNFINISHED BUSINESS
18. OTHER BUSINESS
19. COMMUNICATIONS
(a)
Letter from Clifford Curtis, Regarding Public Meeting Report
PSD-012-08
(Motion to refer correspondence to the Director of Planning Services)
1901
20. ADJOURNMENT
ClNilJgton
Special General Purpose and Administration Committee
Minutes
January 18,2008
Minutes of a Special meeting of the General Purpose and Administration Committee
held on Monday, January 18, 2008 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Absent Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Chief Administrative Officer, F. Wu
Director of Community Services, J. Caruana
Director of Engineering Services, T. Cannella
Director of Planning Services, D. Crome
Director .of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance, N . Taylor
Fire Chief, Emergency Services, G. Weir
Municipal Clerk, P. Barrie
Clerk II, E. Atkinson
Mayor Abernethy chaired the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
PRESENTATIONS
Nancy Taylor, Director of Finance provided a presentation to the Committee highlighting
the following:
. Financiallndicators
. Current/Operating Overview
. Capital Budget
. Status of Reserve Funds
. Long-Term Debt
. Next Year
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Special General Purpose and Administration Committee
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January 18,2008
Ms. Taylor advised the Committee that Clarington participates in an annual study
performed by BMA Management Consulting Inc., a study which includes 79 Ontario
municipalities representing 80% of the Ontario population. This provides a valuable tool
for comparing municipalities and affordability from a local perspective. Ms. Taylor
spoke regarding the 2006 population statistics and informed the Committee that
Clarington's population is up 57.3% from 1991 - 2006. She provided the Committee
with the assessment breakdown between residential and non-residential as well as the
net municipal levy per capita between selected municipalities. Ms. Taylor informed the
Committee that, with regards to property taxes as a percentage of income, Clarington
ranks in the middle with 3.1 % of household income going towards property taxes. Ms.
Taylor stated that Clarington's tax rates are at the average in most categories with the
exception of large industrial which is low and Clarington has the 29th lowest net levy per
capita out of the 79 participants. She provided the Committee with an overview of the
2008 budget as well as a summary on the budget impact, a brief overview on the
proposed draft capital budget and listed the significant capital projects. A budget status
of Reserve Funds as well as a summary of Reserve Funds was provided. Ms. Taylor
highlighted development charge items for consideration and debt summary.
DELEGATIONS
Sally Barrie, Community Care Durham, Clarington, addressed the Committee regarding
Community Care's 2008 budget requests. She stated that Community Care Durham,
Clarington is a multi-care organization which provides services locally for residents and
their care givers. She informed the Committee that the organization is funded by the
Ministry of Health under the Long Term Care section. Community Care Durham,
Clarington currently has 1600 registered clients and 400 volunteers. The Meals on
Wheels program has 12 routes in Clarington and the transportation van makes 25,000
trips per year to clients in need. Ms.. Barrie stated there is an increase in the demands
for services from Community Care, especially for the Meals on Wheels service.
Currently the cost if $6.00/meal. The organization will need to find a new food provider
but for now they are still using the hospital to cover this service. Ms. Barrie thanked the
Committee for their support in the past and looks forward to their support in the future.
Richard Toms and Jean-Michel Komarnicki, Visual Arts Centre, addressed the
Committee regarding the Centre's 2008 budget request. Mr. Toms gave a brief update
on project and events held in 2007 as well as new projects and events planned for
2008. Mr. Toms and Mr. Komarnicki thanked the Committee for all their support and
stated that they look forward to working with the Municipality of Clarington in the future.
Brian Purdy and Edith Hopkins, Clarington Public Library, addressed the Committee
regarding the 2008 budget request. Mr. Purdy spoke regarding the highlights and
accomplishments of the Clarington Public Library. He informed the Committee of the
six core principles which are; accessibility, accountability, intellectual freedom, quality
service, responsiveness and teamwork/partnerships. He spoke of the Community
Partnerships and provided the Committee with fast facts for 2007 such as the number of
visits, electronic visits, program attendance, borrowing and library card holders. He
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Special General Purpose and Administration Committee
Minutes
January 18, 2008
advised of the 2007 accomplishments such as; improved hours of service, Clarington
Caught, Read event, improved accessibility at Courtice branch, improved internet
access, participation in Orono's 175th anniversary and the new website. Mr. Purdy
spoke in regards to the 2008 funding sources the library receives from both provincial
and municipal governments as well as the funding from fines and fees.
Resolution #GPA-023-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the rules of order be suspended to allow the delegation to continue past the 5
minute time frame.
CARRIED
Mr. Purdy informed the Committee of the priorities for the future as well as the positive
feedback the library has received from the residents of Clarington. He thanked the
Committee for all their support and stated that the Board looks forward to working with
the Municipality in the future.
Martha Rutherford-Conrad, Clarington Museum and Archives, addressed the
Committee regarding the 2008 budget request. Ms. Rutherford-Conrad informed the
Committee that the Clarington Museum and Archives is a dynamic organization that
preserves the past while taking a proactive role in Clarington's future. She spoke
regarding exhibits in 2007 as well as new programming for 2008. This new
programming may necessitate the future hiring of additional staff members. Ms.
Rutherford-Conrad informed the Committee of highlights and challenges resulting from
the 2007 financial budget. She spoke of the plans for 2008 and thanked the Committee
for their support in the past as well as the anticipated support for the future.
Angie Darlison, Executive Director, Clarington Older Adults Association, addressed the
Committee regarding the 2008 budget request. Ms. Darlison informed the Committee
that the 50+ population has grown within the Municipality therefore their membership
has increased as well. The Association consists of mostly volunteers and three paid
staff members. Ms. Darlison spoke of the programs and events which are.offered by
the Association, informing the Committee the Association is asking for funding in the
amount of $114,750.00 and the balance of the required budget will be raised through
fund raising events. The goals of the Association for 2008 include increased awareness
of the programs and events offered, increased membership, as well as increased facility
rentals.
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Special General Purpose and Administration Committee
Minutes
January 18, 2008
Michael Patrick, President, Clarington Board of Trade, addressed the Committee
regarding Report CAO-001-08. He informed the Committee of the letters of thanks the
Board of Trade has received from various companies within the Municipality. He would
like to see the continued proactive relationship between the Municipality and the Board
carried forward. Mr. Patrick stated that Clarington has done well regarding industrial
relationships and economic development. He would like to have the Board focus on
business retention and would like to see the communication between the Board and
Council improved. The Board will be improving initiatives via modem technology. He
thanked the Committee for their support in the past and looks forward to the future.
Resolution #GPA-024-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the Committee recess for 15 minutes.
CARRIED
The meeting reconvened at 11 :30 a.m.
Elaine Garnett, Channel 12, addressed the Committee regarding The Clarington Green
Challenge. She requested financial assistance to assist with the necessary funds
required to pay for 45 30-second commercials every month for a total of 540
commercials. She informed the Committee Channel 12 has committed $30,000.00 to
the program and Veridian and Waste Management are very interesting in participating.
She looks forward to hearing from the Municipality of Clarington as to whether they
would like to be a partner in this great event.
Marie Marano, Director of Corporate Services provided the Committee with a
PowerPoint presentation regarding the department's 2008 budget requests. She
described to the Committee the current IT network and spoke regarding the necessary
improvements required to continue with IT services to the Municipal Administrative
Centre as well as to the outside facilities.
Resolution #GPA-025-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT the rules of ord.er be suspended to allow the delegations of the department heads
to exceed the 5 minute time frame.
CARRIED
Patti Barrie, Municipal Clerk, provided the Committee with a brief update regarding the
department's 2008 budget requests. She informed the Committee that the priority
requirement for the Clerk's department is the need for a part-time clerk for Animal
Services to deal with the increase in office work and the need for a part-time Parking
Enforcement Officer to deal with the increased number of parking complaints.
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Minutes
January 18, 2008
Gord Weir, Director of Emergency Services, provided the Committee with a brief update
regarding the department's 2008 budget request. Mr. Weir described which vehicles
need to be replaced as well as equipment/gear and monitoring systems that need to be
replaced or upgraded.
Tony Cannella, Director of Engineering SerVices, provided the Committee with a brief
update regarding the department's 2008 budget request. Mr. Cannella informed the
Committee of the challenges that face the Engineering Services Department in regards
to road network health, municipal structures, municipal servicing and park development.
The 2008 Capital Projects were highlighted.
Fred Horvath, Director of Operations, provided the Committee with a brief update
regarding the department's 2008 budget request. Mr. Horvath spoke regarding the rural
road resurfacing program, winter maintenance, grass cutting, utility increases, line
painting, dust control and catch basins. Mr. Horvath informed the Committee of the
effects the Municipality's growth has had on the need for sidewalks and parks. He also
informed the Committee of the Capital Budget requirements for the Operations
Department.
Resolution #GPA-026-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Committee recess for one hour.
CARRIED
The meeting reconvened at 2:00 p.m.
Joseph Caruana, Director of Community Services, provided the Committee with
highlights for the 2008 budget request from Community Services. He informed the
Committee of the special events, staff development, special equipment training and
consulting required for 2008 from the Administration Division and budget requests from
the Facilities Division such as arena rink board replacement, building audits and
refurbishing structural steel at the Rickard Recreation Complex. Mr. Caruana spoke
regarding the energy conservation at both the Rickard Recreation Complex and the
Darlington Sports Arena, the new construction for the Newcastle facility. He informed
the Committee of the 2008 budget requests from the Recreation Division and.the 2008
initiatives.
David Crome, Director of Planning Services, provided the Committee with a brief update
regarding 2008 budget requests from the Planning Services Department. He informed
the Committee of the priorities for 2008 and that the planning application fees are
recovering a greater portion of costs. Mr. Crome spoke regarding the land acquisition
as well as the community improvement and development projects. He advised the
Committee the development activity remains strong and spoke regarding the major
policy projects needed to move ahead.
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Special General Purpose and Administration Committee
Minutes
January 18, 2008
CHIEF ADMINISTRATIVE OFFICE
ECONOMIC DEVELOPMENT SERVICE DELIVERY
Resolution # GPA-027-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report CAO-001-08 be received; and
THAT the Mayor and the Clerk be authorized to execute an agreement with the
Clarington Board of Trade for the provision of economic development services, subject
to the following terms:
a) A three-year contract for 2008 to 2010 inclusive with the option for a one year
automatic renewal subject to agreement by both parties and at a 3 percent fee
increase;
b) The fee for service shall be $103,000 for 2008; $106,500 for 2009 and $110,000
for 2010;
c) The responsibilities assigned to the Board will be under the general umbrella of
economic development with special focus on business attraction and retention;
d) The Board shall report and update council quarterly pertaining to all economic
development activities undertaken;
e) The Board and its employees shall refrain from engaging in any activity that
would negatively impair the relationship between the Municipality and the Board;
and
f) The Municipality will continue to provide free office space to the Board at the
Tourism Office at Liberty Street/Highway 401.
CARRIED
CORPORATE SERVICES DEPARTMENT
CORPORATE NEWSPAPER ADVERTISING 2007 REVIEW
Resolution #GP A-028-08
Moved by Councillor Robinson, seconded by Councillor Trim.
THAT Report COD-001-08 be received for information.
CARRIED AS AMENDED
LATER IN THE MEETING
(SEE FOllOWING AMENDING MOTION)
.6.
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Special General Purpose and Administration Committee
Minutes
January 18,2008
Resolution #GPA-029-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the foregoing Resolution #GPA-028-08 be amended by adding the following
thereto: .
"THAT $20,000 be added to the Advertising Budget to allow for the publication of a
quarterly communique; and
THA r a status report on the publication be provided to the General Purpose and
Administration Committee in the fall of 2008. ft
CARRIED
The following Resolution #GPA-028-08 was then put to a vote and CARRIED AS
AMENDED.
FINANCE DEPARTMENT
2008 CURRENT AND CAPITAL BUDGET
Resolution #GPA-030-08
Moved by Councillor Trim, seconded by Councillor Foster
THAT Report FNO-001-08 be received;
THAT the base 2008 Operating and Capital Budgets as outlined in Schedule "Aft to
Report FNO-001-08, at an estimated tax levy impact of 2.91 % (exclusive of tax policy
impacts), as directed in FNO-001-08 be approved;
THAT direction be provided on the items listed as added funding levels related to
growth or new services including staffing levels as itemized in Schedule "Bft to Report
FNO-001-08;
THAT the Schedules "Cft, "Oft and "Eft, attached to Report FND-001-08, outlining
Reserve and Reserve Fund Contributions be approved;
THAT approximately $1,000,000 be drawn from the Rate Stabilization Reserve Fund to
offset the tax rate impact;
THAT the financing of capital projects, as outlined in the document attached to Report
FND-001-08 be approved;
THAT the capital forecast be received for information;
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Special General Purpose and Administration Committee
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January 18,2008
THAT the external agencies, referred to in Report FND-001-08 be advised of Council's
decision regarding their grant request;
THAT the 2008 departmental business plans included in the document attached to
Report FND-001-08 be received for information;
THAT for 2008, the net proceeds from the Mayor's Golf Tournament be directed to the
Memorial Hospital Foundation - Bowmanville, with the tournament to be continued to be
administered by municipal staff;
THAT titles and name changes be approved as identified in Report FND-001-08;
THAT as referred from the 2007 budget process, $53,000 be approved for funding for
. physician recruitment to be drawn from the Economic Development Reserve Fund
subject to the approval for reserve fund contributions noted above; and
THAT the appropriate By-laws to levy the 2008 tax requirements for Municipal, Regional
and Education purposes be forwarded to Council for approval, once final tax policy
information is available.
CARRIED AS AMENDED
LATER IN THE MEETING
(SEE FOLLOWING AMENDING MOTIONS)
Resolution #GPA-031-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Insurance Account be reduced to $50,000 from $100,000.
CARRIED
Resolution #GPA-032-Q8
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Newcastle Aquatic Facility Account be reduced by $125,000.
. . MOTION LOST
Resolution #GPA-033-08
Moved by Councillor Novak, seconded by Councillor Trim
THAT the Newcastle Aquatic Facility Account be reduced by $250,000.
CARRIED
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January 18, 2008
Resolution #GPA-034-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Veridian Dividends Account be increased by $27,200.
CARRIED
Resolution #GPA-035-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT the operation of Total Hockey cease as of March 1, 2008, recognizing an overall
budget savings of $45,000.
CARRIED
Resolution #GPA-036-08
Moved by Coul)cillor Foster, seconded by Councillor Robinson
THAT the Tax Levy Support to Capital ($314,597) be approved.
CARRIED
Resolution #GPA-037-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Health and Safety Ergonomics/Documentation Account be approved in the
amount of $20,000.
LOST
Resolution #GPA-038-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the Health and Safety Ergonomics/Documentation Account be approved in the
amount of $10,000.
CARRIED
Resolution #GPA-039-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the PSAB Report Account b~ approved in the amount of $20,000.
CARRIED
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Special General Purpose and Administration Committee
Minutes
January 18, 2008
Resolution #GPA-040-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Abandoned Cemetery Board Account be increased by $7,000.
CARRIED
Resolution #GPA-041-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the Sidewalk Maintenance (Not Salary) Account be increased by $19,000.
CARRIED
Resolution #GPA-042-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Catch Basin/Storm Sewer Professional Fees Account be increased by
$35,000.
CARRIED
Resolution #GPA-043-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT the Pavement Marking Account be increased by $10,000.
CARRIED
Resolution #GPA-044-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Rural Roads Surface Treatment Account be increased by $100,000.
CARRIED
Resolution #GPA-045-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the Dust Control Account be increased by $17,000.
CARRIED
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Special General Purpose and Administration Committee
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January 18, 2008
Resolution #GPA-046-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the Sanding/SaltinglWinter Maintenance (Not Salary) Account be increased by
$20,000.
CARRIED
Resoultion #GPA-047-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the Bowmanville 150th/Holiday Train Account be approved in the amount of
$10,000.
CARRIED
Resolution #GPA-048-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Labourer position in the Operations Department be approved.
CARRIED
Resolution #GPA-049-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Labourer position in the Operations Department be approved.
CARRIED
Resolution #GPA-050-08
Moved by Councillor Robinson, seconded by Councillor Novak.
THAT the request for the Gardener position in the Operations Department be denied.
CARRIED
Resolution #GPA-051-08
Moved by Councillor Novak, seconded by Councillor Trim
-.
THAT the Mechanic Apprentice position in the Operations Department be approved.
CARRIED
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Special General Purpose and Administration Committee
. Minutes
January. 18, 2008
Resolution #GPA-052-0S
Moved by Councillor Novak, seconded by Councillor Trim
THAT the Senior Planner position in the Planning Services Department be approved.
CARRIED
Resolution #GPA-053-0S
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the Part-Time Parking Enforcement position in the Municipal Clerk's Department
be approved.
CARRIED
Resolution #GP A-054-0S
Moved by Councillor Novak, seconded by Councillor Trim
THAT the Part-Time Clerk 1, Animal Services in the Municipal Clerk's Department be
approved.
CARRIED
Resolution #GPA-055-0S
Moved by Councillor Trim, seconded by Councillor Novak
THAT $10,500 for the Living Green Committee be identified in the Planning Services
"Committeeft Budget, pending a report to Council on January 2S, 200S.
CARRIED
The foregoing Resolution #GPA-030-0S was then put to a vote and CARRIED AS
~MENDED.
ADJOURNMENT
Resolution # GPA-056-0S
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 4:37 p.m.
CARRIED
MAYOR
MUNICIPAL CLERK
.12.
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General Purpose and Administration Committee
Minutes
January 21, 2008
Minutes of a meeting of the General Purpose and Administration Committee held on
Monday, January 21,2008 at 9:30 a.m., in the Council Chambers.
ROLL CALL
Present Were:
Absent Were:
Also Present:
Mayor J. Abernethy (Left at 1 :42 p.m.)
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
CouncillorW. Woo (vacation)
Chief Administrative Officer, F. Wu
Director of Community Services, J. Caruana
Director of Engineering Services, T. Cannella
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance, N. Taylor
Fire Chief, Emergency Services, G. Weir
Deputy Clerk, A. Greentree
Clerk II, E. Atkinson
Mayor Abernethy chaired this portion of the meeting.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
ANNOUNCEMENTS
There were no announcements.
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General Purpose and Administration Committee
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January 21, 2008
MINUTES
Resolution #GPA-057 -08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the minutes of the regular meeting of the General Purpose and Administration
Committee held on January 7,2008, be approved.
CARRIED
PRESENTATIONS
Tom Barrie, Chair of the Agricultural Advisory Committee of Clarington provided the
Committee with an annual update. Mr. Barrie spoke regarding the three resolutions to
Council from the Agricultural Advisory Committee which were: road closure permits and
police escort for the Farmers' Parade of Lights; opposing the direct election of the
Regional Chair; and endorsement of the resolution requesting Province of Ontario to
separate farmland from managed forest in the Ontario Municipal Partnership Fund and
to establish separate and distinct funding programs with 100% reimbursement to
municipalities for their annual lost property tax revenue on managed forest and farmland
properties. Mr. Barrie provided the Committee with a synopsis of 2007 Committee
activities. He advised that three resolutions will be presented at the January 28th, 2008
Council meeting regarding trespassing, vandalism and theft from farms and the
penalties that have been sending the wrong message to the public. He thanked
Municipal Staff for their assistance with the Committee.
Mirka Januszkiewicz, Director of Waste Management Services addressed the
Committee regarding 2008 Waste Initiatives and Services for the Municipality of
Clarington. Ms. Januszkiewicz informed the Committee of the comparisons between
the curbside collection programs across the Region. Clarington's diversion rate of 42%
is lower than others primarily because we only have recycle pick up every two weeks.
Ms. Januszkiewicz informed the Committee they are receptive to new recycling ideas
such as the agricultural balewrap recycling program. She highlighted the proposed
tender waste collection and considerations for the new waste tender including the
implementation date of March 31, 2009. The two special events days held in 2007 were
very successful and she advised that Clarington may have more than two days in 2008
if requested. Ms. Januszkiewicz stated there will be public information sessions held in
Clarington regarding the new waste collection contract, the waste collection by-law and
other waste issues. Ms. Januszkiewicz believed that 70% diversion could be achieved
by the year 2010. She advised the Committee that the Region received over 23,000
emails from residents who had questions regarding garbage pick up or inquires as to
how Durham can improve their waste reduction. At the end of March Council will give
direction in regards to garbage and waste pick up and she is hoping they will agree to
transparent garbage bags. She does realize that all of these changes will not eliminate
illegal dumping but expects it to help with waste reduction as people will hopefully be
more diligent with what they put into their garbage. She also advised the Committee
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January 21, 2008
that Durham Region is currently the only region that has an employee at the transfer
station who sorts the garbage and removes anything that is recyclable. Ms.
Januszkiewicz confirmed the following: that representatives of the Region would do a
presentation to the Business sector, that a Regional finance representative will attend
with her when she presents her budget to Council, and she will contact the Town of
Markham regarding recycling at super mail boxes.
Peter Watson, Manager of Waste Management Durham Region addressed the
Committee regarding the history of waste processing in Durham. Mr. Watson reported
on the Long Term Waste Management Strategy Plan from 2000 to 2010. He
highlighted major events starting from May 1998 through to January 2008. Mr. Watson
informed the Committee of the Waste Plan Goals for Durham Region and of the
Region's successes from 2000 to 2007 as well as the diversion percentages. He stated
the waste diversion has increased significantly and the diversion rate for Clarington has
leveled off with the amount of garbage they produce, but believes this will change once
by-weekly garbage pick up is introduced. Mr. Watson confirmed that the Waste
Management Advisory Committee has not met for some time. The Durham Recycling
Region Centre is expected to last for about 15 years.
Resolution #GPA-058-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Committee recess for 10 minutes.
CARRIED
The meeting resumed at 11 :30 a.m.
Resolution #GPA-059-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the Agenda be altered to hold the Public Meeting at this time and to consider
Report PSD-007 -08 immediately following the Public Meeting.
CARRIED
Councillor Novak chaired this portion of the meeting.
PUBLIC MEETING
(a) Subject: Application to Amend Zoning By-Law 84-63
Applicant: Shell Canada Limited
Reports: PSO-o07-o8
Richard Holy, Senior Planner, Planning Services Department, provided a verbal report
supported by a PowerPoint presentation pertaining to Report PSD-007 -08.
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General Purpose and Administration Committee
Minutes
January 21, 2008
No one spoke in opposition to or support of Report PSD-007 -08.
Mr. Robert Dragecivic, Walker & Knott, Dragecivic Associates, was present on behalf of
the applicant to address any concerns or questions raised at today's meeting. There
were no questions or concerns raised regarding Report PSD-007 -08.
PLANNING SERVICES DEPARTMENT
PROPOSED REZONING APPLICATION
APPLICANT: SHELL CANADA LIMITED
Resolution #GPA-060-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT ReportPSD-007-08 b~ received;
THAT the application to amend the Municipality of Clarington Zoning By-law 84-63, as
amended, as contained in Attachment 2 to Report PSD-007-08 be approved;
THAT a copy of Report PSD-007-08 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-007 -08 and any delegations be advised
of Council's decision.
CARRIED
Resolution #GPA-061-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the agenda be altered to consider the remaining three Planning Service
Departments reports at this time.
CARRIED
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416
General Purpose and Administration Committee
Minutes
January 21, 2008
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR
THE MEETINGS OF DECEMBER 6 AND DECEMBER 20, 2007
Resolution #GPA-062-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report PSD-008-08 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
December 6, and December 20, 2007 for applications A2007 -0059 and A2007 -0064
and that Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
CARRIED
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: ASPEN SPRINGS WEST LIMITED
ASPEN SPRINGS PHASE II (40M-2214) AND PHASE III (40M-2240)
Resolution #GPA-063-08
Moved by Councillor Foster, seconded by Mayor Abernethy
THAT Report PSD-009-08 be received;
THAT the request for Removal of Part Lot Control by Aspen Springs West Limited with
respect to Block 48 on Plan 40M-2214 and Block 76 on Plan 40M-2240 be approved
and that the Part Lot Control By-Law attached to Report PSD-009-08 be passed
pursuant to Section 50(7.1) of the Planning Act and a copy forwarded to the Regional
Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-009-08 and any delegations be advised
of Council's decision.
CARRIED
CORRESPONDENCE D- 7 - BROCKTON RESOLUTION ON FUNDING OF
CONSERVATION AUTHORITIES
Resolution #GP A-064-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-010-08 be received;
THAT the correspondence from the Municipality of Brockton regarding the funding of
Conservation Authorities be received for information; and
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General Purpose and Administration Committee
Minutes
January 21, 2008
THAT the Municipality of Brockton, our member Conservation Authorities and
Conservation Ontario receive Report PSD-01 0-008 and be advised of Council's
. decision.
CARRIED
Mayor Abernethy chaired this portion of the meeting.
DELEGATIONS
Markus Lise addressed the Committee requesting financial assistance for the "Ending
the Cycle of Poverty" fund raising event. Mr. Lise informed the Committee that this is a
very ambitious goal and is not a simple one. He plans on cycling across the American
continent and is looking to raise funds and to help raise awareness of poverty both
locally and abroad. He advised the Committee that the adventure will cost
approximately $10,000.00.
John Stephenson addressed the Committee regarding planning for the economic future.
Mr. Stephenson expressed concerns regarding the possible reduction of our standard of
living over the next two to four years due to increased food prices and severe shortage
of fuel oils. Mr. Stephenson expressed concerns over the collapsing of the world's
financial situation in 2008. He would like to see the following awareness increased: a
concentration on the reduction in the population of cities; the construction of bicycle
lanes beside all roads to encourage people to reduce the number of journeys they make
in their vehicles; an increase in the use of solar energy; a reduction of street lighting;
and encouragement of residents to grow their own food.
Kerry Meydam addressed the Committee regarding Report FND-002-08. Ms. Meydam
thanked the Committee for passing the resolution to reinstate recommendations made
in Report PSD-141-07. Ms. Meydam would like to see the Region pay for all necessary
studies relating to the Energy From Waste facility. She expressed that she would like to
see Clarington continue its due diligence and request that the Region approve funding
for further peer reviews beyond those already done. She stated the first priority of the
Municipality should be the health, safety and financial well-being of the residents in
Clarington, She would like to see other alternatives considered. She requested Council
to consider attending and sending staff to the 4th Canadian Waste Resource
Symposium to be held in mid April in Halifax.
Louis Bertrand addressed the Committee regarding Energy from Waste and garbage
pick up. He thanked the Region for their plans for diversion and harmonizing waste
collection. He also liked the special programs like the balewrap recycling for the farm
communities. Mr. Bertrand spoke regarding the success of the hazardous and
electronic waste drop-off events and questioned why Clarington is stuck at 42%
diversion rate. He requested that the mixed messages regarding the incinerator be
discontinued and asked that Clarington not stop when they achieve 70% diversion rate,
but to continue to see how far they can actually go. Mr. Bertrand believes zero waste is
achievable and further believes the proposed EFW facility diverts us from this goal.
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General Purpose and Administration Committee
Minutes
January 21, 2008
Councillor Foster chaired this portion of the meeting.
ENGINEERING SERVICES DEPARTMENT
MONTHLY REPORT ON BUILDING PERMIT ACTIVITY FOR DECEMBER, 2007
Resolution #GPA-065-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report EGO-003-08 be received for information.
CARRIED
MUNICIPAL ACCESS AGREEMENTS BETWEEN: THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON AND ROGERS CABLE COMMUNICATIONS, INC.
AND THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND BELL
CANADA
Resolution #GPA-066-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report EGO-004-08 be received;
THAT the Mayor and Clerk be authorized to execute a Municipal Access Agreement
between the Corporation of the Municipality of Clarington and Bell Canada; and
THAT the Mayor and Clerk be authorized to execute a Municipal Access Agreement
between the Corporation of the Municipality of Clarington and Rogers Cable
Communications Inc.
CARRIED
INTERSECTION OF ROSSWELL DRIVE AND SOUTH FIELD AVENUE COURTICE,
REQUESTED ALL-WAY STOP
Resolution #GP A-06? -08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report EGO-005-08 be received;
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General Purpose and Administration Committee
Minutes
January 21,2008
THAT the request for an all-way stop at the intersection of Rosswell Drive and
Southfield Avenue be denied; and
THAT staff. periodically monitor Southfield Avenue for speeds as part of the Traffic
Watch Program and encourage residents to participate in the Road Watch Program.
CARRIED
PROPOSAL TO CLOSE AND CONVEY A PORTION OF TWO SEPARATE UNOPEN
ROAD ALLOWANCES SITUATED IN LOT 18, CONCESSION 5, FORMER
TOWNSHIP OF DARLINGTON
Resolution #GPA-068-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report EGO-006-08 be received;
THAT Council authorize the publication of a notice of application that the Municipality
intends to pass a by-law to close that part of the unopen 4.88 metre wide road
allowance situated immediately south of 49 Perry Avenue, Hampton, (Attachment No.1
to Report EGO-006-08) and in Lot 18, Concession 5, Former Township of Darlington,
pursuant to section 34 of the Municipal Act and By-Law No. 95-22;
THAT when Section 34 of the Municipal Act and By-Law No. 95-22 have been complied
with, Council pass a by-law and declare that portion of the 4.88 metre wide road
allowance situated immediately south of 49 Perry Avenue, Hampton, to be surplus;
THAT subject to Council's consideration of any representations made at the public
meeting respecting the passing of by-laws declaring the subject lands to be surplus, and
authorizing the closure of the subject lands as a public highway and its conveyance to
the applicant, Council pass the necessary by-laws to implement Report EGO-006-08;
THAT the request from Mr. Andy Meima to legally close the unopen portion of
Edmonson Avenue (Attachment No.1 to Report EGO-006-08) be denied;
THAT the applicant pay all legal, advertising, appraisal and land costs associated with
this transaction; and
THAT Mr. Andy Meima be advised of-Council's decision.
CARRIED
-8.
420 '
General Purpose and Administration Committee
Minutes
January 21, 2008
ASPEN SPRINGS WEST SUBDIVISION PHASE 1, PLAN 40M-2185,
BOWMANVILLE, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-
LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
Resolution #GPA-069-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report EGD-007 -08 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plans 40M-2185 and 40M-1816; and
THAT Council approve the by-laws attached to Report EGD-007-08, assuming certain
streets within Plans 40M-2185 and 40M-1816 as public highways. '
CARRIED
OPERATIONS DEPARTMENT
There were no reports to be considered under this section of the Agenda.
Mayor Abernethy chaired this portion of the meeting.
EMERGENCY AND FIRE SERVICES DEPARTMENT
MONTHLY RESPONSE REPORT - DECEMBER 2007
Resolution #GPA-070-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report ESD-002-08 be received for information.
CARRIED
COMMUNITY SERVICES DEPARTMENT
There were no reports to be considered under this section of the Agenda.
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General Purpose and Administration Committee
Minutes
January 21, 2008
Councillor Hooper chaired this portion of the meeting.
CLERK'S DEPARTMENT
REQUEST FOR AMENDMENTS TO THE PROPERTY STANDARDS BY-LAW
Resolution #GPA-071-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT Report CLD-001-08 be received;
THAT the complaint process within the Property Standards By-law remain unchanged;
and
THAT Mr. John Mutton and Mr. John Rice be advised of Council's decision.
CARRIED
ANIMAL SERVICES QUARTERLY REPORT - OCTOBER TO DECEMBER, 2007
Resolution #GPA-072-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CLD-002-08 be received; and
THAT a copy of Report CLD-002-08 be forwarded to the Animal Alliance of Canada and
the Animal Advisory Committee.
CARRIED
CONFIDENTIAL VERBAL REPORT FROM MUNICIPAL CLERK AND SOLlCITOR-
LEGAL MATTER
Resolution #GPA-073-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the Confidential Verbal Report from the Municipal Clerk and Solicitor regarding a
Legal Matter be referred to the end of the Agenda, to be considered during a closed
session.
CARRIED
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General Purpose and Administration Committee
Minutes
January 21, 2008
Mayor Abernethy Chaired this portion of the meeting.
CORPORATE SERVICES DEPARTMENT
THEATRE DANCE ACADEMY - LEASE EXTENSION
COURTICE COMMUNITY COMPLEX
Resolution #GPA-074-08
Moved by Councillor Roboinson, seconded by Councillor Foster
THAT Report COD-002-08 be received;
THAT the Lease Extension from the Theatre Dance Academy for the lease of space in
the Courtice Community Complex in the amount of $18,800.00 per year for the term of
February 1, 2008 to January 31, 2013 be approved; and
THAT the By-law attached to Report COD-002-08 marked Schedule "A", authorizing the
Mayor and the Clerk to execute the lease agreement with the Theatre Dance Academy,
be forwarded to Council for approval.
CARRIED
HAMPTON VALLEY LANDS, AMENDING LEASE AGREEMENT
Resoultion #GPA-075-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report COD;.003-08 be received;
THAT the Lease Agreement Renewal from CLOCA for the use of the Hampton Valley
Lands in the amount of $2.00 per annum for the term of January 1, 2007 to
December 31,2012 be approved;
THAT the Hampton Citizen's Association be advised of the lease renewal; and
THAT the By-law attached to Report COD-003-08 marked Schedule "A", authorizing the
Mayor and the Clerk to execute the Lease Agreement with CLOCA, be forwarded to
Council for approval.
CARRIED
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General Purpose and Administration Committee
Minutes
January 21, 2008
FINANCE DEPARTMENT
EFW - PEER REVIEW & ECONOMIC STUDIES COSTS TO DATE
Resolution #GPA-076-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report FND-002-08 be received; and
THAT the estimated funding of $100,000 required for Energy From Waste Studies in
excess of the Region of Durham funding of $300,000 be financed from the
Impact/Escrow Reserve Fund.
LOST
(SEE FOLLOWING MOTIONS)
Resolution #GPA-077-08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report FND-002-08 be referred back to Staff; and
THAT Staff report back at the February 4th, 2008 GPA meeting on the following to
ensure openness, transparency and accountability:
· Direction regarding item 2.11 of Report FND-002-08; and
· Details regarding items 1.2, 1.3 and 1.4 of Report FND-002-08, particularly who
is going to pay what, when and how.
CARRIED
Resolution #GPA-078-08
Moved by Councillor Novak, seconded by Councillor Trim
THAT the meeting be "closed" to discuss a legal matter.
LOST
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General Purpose and Administration Committee
Minutes
January 21, 2008
CHIEF ADMINISTRATIVE OFFICE
CONFIDENTIAL REPORT CAO-002-08, REGARDING: lABOUR RELATIONS AND
CONFIDENTIAL REPORT CAO-003-08, REGARDING: lABOUR RELATIONS
Resolution #GPA-079-0B
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Confidential Reports CAO-002-0B and CAO-003-0B be received; and
THAT the actions taken as identified in the attachments to Confidential Report
CAO-002-0B and CAO-003-0B be endorsed.
CARRIED
UNFINISHED BUSINESS
PRESENTATION - TOM BARRIE, AGRICULTURAL ADVISORY COMMITTEE
UPDATE
Resolution #GPA-OBO-OB
Moved by Councillor Novak, seconded by Councillor Trim
THAT the annual update from the Agricultural Advisory Committee as presented by
Tom Barrie be received with thanks.
CARRIED
PRESENTATION - MIRKA JANUSZKIEWICZ, DIRECTOR OF WASTE
MANAGEMENT SERVICES, DURHAM REGION, 2008 WASTE INITIATIVES AND
SERVICES FOR THE MUNICIPALITY OF ClARINGTON
Resolution #GPA-OB1-0B
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the presentation of Mirka Januszkiewicz be received with thanks.
CARRIED
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425
General Purpose and Administration Committee
Minutes
January 21, 2008
PRESENTATION - PETER WATSON, MANAGER OF WASTE MANAGEMENT,
DURHAM REGION, HISTORY OF WASTE PROCESSING IN DURHAM
Resolution #GPA-082-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the presentation of Peter Watson be received with thanks.
CARRIED
DELEGATION - MARKUS LISE
Resolution #GPA-083-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the delegation of Markus Lise be received with thanks.
CARRIED AS AMENDED
(SEE FOLLOWING MOTION)
Resolution #GPA-084-08
Moved by Councillor Novak, seconded by Counicllor Hooper
THAT the foregoing resolution be amended to add the following:
"THAT the Director of Corporate Services consider placing a link on the
Clarington Website to Mr. Lise's website to assist in promoting the Sea to Sea
Ending the Cycle of Proverty event; and
THAT Mr. Lise be supplied with a Municipality of Clarington promotional clothing
item."
CARRIED
The foregoing Resolution #GPA-083-08 was then put to a vote and CARRIED AS
AMENDED.
DELEGATION - JOHN STEPHENSON
Resolution #GPA-085-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the delegation of John Stephenson be received with thanks.
CARRIED
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426
General Purpose and Administration Committee
Minutes
January 21, 2008
DELEGATION - KERRY MEYDAM
Resolution #GPA-086-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the delegation of Kerry Meydam be received with thanks.
CARRIED
DELEGATION - LOUIS BERTRAND
Resolution #GPA-087 -08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the delegation of Louis Bertrand be received with thanks.
CARRIED
OTHER BUSINESS
ONTARIO HORTICULTURAL SOCIETY, REQUEST FOR WAIVER OF FEES
Resolution #GPA-088-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the hall rental fees of $395.00 for the Ontario Horticultural Society fund raising
event be waived.
WITHDRAWN
Resolution #GPA-089-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Ontario Horticultural Society request for waiving of hall rental fees be denied;
and
THAT the Ontario Horticultural Society be advised that the funds may be granted to one
of the four local horticultural groups though the annual grant application process.
WITHDRAWN
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427
General Purpose and Administration Committee
Minutes
January 21,2008
Resolution #GPA-090-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the request from the Ontario Horticultural Society to waive the hall rental fee for a
fund raising event be referred to the Director of Community Services to be considered in
the 2008 Grant Process.
CARRIED
CIVIL MARRIAGE SERVICE - SEPTEMBER 6, 2008
Resolution #GPA-091-08
Moved by Councillor Trim, seconded by Councillor Robinson
WHEREAS on December 13, 2004, Council passed By-law 2004-253 to "opt in" to
providing civil marriage services;
AND WHEREAS the authority to provide the civil marriage services extended to those
services held Monday to Friday in the Municipal Administrative Centre only;
AND WHEREAS the fee for civil marriages was set at $250 to cover the cost of staff
time and use of the Municipal Administrative Centre;
AND WHEREAS the Municipal Clerk has received a request to perform a civil marriage
service outside of the parameters set by By-law 2004-253:
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF
CLARINGTON THAT the Municipal Clerk be authorized to perform a civil marriage
service on Saturday, September 6, 2008 at the Newcastle Community Hall;
THAT the $250 fee be waived in this instance; and
THAT the appropriate by-law be forwarded to Council.
CARRIED
TOTAL HOCKEY ENTRANCE FEES
Resolution #GPA-092-08
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the entrance fees to Total Hockey be waived effective February 4th, 2008.
WITHDRAWN
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428
General Purpose and Administration Committee
Minutes
January 21, 2008
Resolution #GPA-093-08
Moved by Councillor Trim, seconded by Councillor Foster
THAT the Director of Community Services report back to GPA on the viability of waiving
the entrance fees to Total Hockey.
CARRIED
COMMUNICATIONS
There were no Communications considered under this section of the Agenda.
Resolution #GPA-094-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the Committee recess for 5 minutes and reconvene in "closed" session.
CARRIED
Meeting reconvened in opened session at 2:06 p.m.
ADJOURNMENT
Resolution #GPA-095-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 2:08 p.m.
CARRIED
MAYOR
DEPUTY CLERK
.17.
429
DRAFT LIST
OF DELEGATIONS
GPA Meeting: FEBRUARY 4,2008
(a) Philip Webster, Regulatory Program Director, Regarding New Licence
Application Received by the Canadian Nuclear Safety Commission
(b) Richard Ward, Regarding numerous topics that were received in the past
without action.
601
Cl~n
CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
NOTICE OF PUBLIC MEETING
PUBLIC MEETING
REPORT # PSD-012-08
WILLIAM TONNO CONSTRUCTION
LIMITED AND KINGS BERRY PROPERTIEI
I DEVELOPMENT APPLICATION BY: WILLIAM TONNO CONSTRUCTION LIMITED
AN APPLICATION TO AMEND THE CLARINGTON ZONING BY-LAW AND PROPOSED DRAFT PLAN OF
SUBDIVISION
TAKE NOTICE that the Council of the Corporation of the Municipality of Clarington will consider a proposed Zoning By-law
Amendment, and a Draft Plan of Subdivision under Sections 34 and 51 respectively of the Planning Act, 1990, as amended. ,
APPLICATION DETAILS .
The proposed Zoning By-law Amendment and Draft Plan of Subdivision submitted by William Tonno Construction Limited
would permit the development of an 84 residential unit Plan of Subdivision consisting of 52 single detached dwellings, 32 "
townhouses, a public elementary school block, a block for a storm water management pond and an open space block.
The subject property Is located between Tooley Road and Trulls Road, north of George Reynolds Drive as shown on
reverse.
Planning File Nos.:DEV89-067 and 18T -89055
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, February 4,2008
TIME: 9:30 a.m.
PLACE: Council Chambers, 2nd 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 commences.
If you cannot attend the Public Meeting, on this application you can make a deputation to Council at their meeting on
Monday, February 11, 2008, commencing at 7:00 p.m. Should you wish to appear before Council, you must register with
the Clerks Department by the Wednesday noon, February 6, 2008, to have your name appear in the Agenda.
COMMENTS OR QUESTIONS?
If you wish to make a written submission or if you wish to be notified of subsequent meetings or the adoption of the proposed
Zoning By-law Amendment and Draft Plan of Subdivision, you must submit a written' request to the' Clerk's Department, 2nd
Floor, 40 Temperance Street, Bowmanville, Ontario L 1C 3A6.,
Additional information relating to the proposal is available for inspection between 8:30 a.m. and 4:30 p.m.. (during July 'and
August 8:00 a.m. and 4:00 p.m.) at the Planning Services Department, 3rd Floor, 40 Temperance Street, Bowmanville, Ontario
L 1 C SA6, or by calling Tracey Webster at (905) 623-3379 extension 427 or by e-mail attwebstercmclarin~ton:.net.
APPEAL
If a person or public body does not make oral submissions at the public meeting or make written submissions to~he
Municipality of Clarington Planning Services Department before the Draft Plan of Subdivision is approved, the perSon, or
public body is not entitled to appeal the decision of Clarington Council to the Ontario Municipal Board.
If a person or public body does not make oral submissions at a public meeting or make written submissiqns to the
Municipality of Clarington before the Draft Plan of Subdivision is approved, the person or public body may not be added as a
party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are
reasonable grounds to add the person or public body as a party. '
Municipality of Clarington this 14th day of January, 2008.
Davl rome, M.C.I.P.J R.P.P.
Director of Planning Services
Municipality. of Clarington
40 Temperance Street
Bowmanvllle, Ontario
L1C 3A6
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Cl!Ki[]gton
REPORT
PLANNING SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, February 4, 2008
Report #: PSD-012-08 File No's: 18T-89055 and DEV 89-067 and By-law #:
18T -90003 and DEV 90-007
Subject: ENVIRONMENTAL IMPACT STUDY - KINGSBERRYITONNO
APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW
AMENDMENT
APPLICANT: WILLIAM TONNO CONSTRUCTION LIMITED AND
KINGSBERRY PROPERTIES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-012-08 be received;
2. THAT the Environmental Impact Study for the Kingsberryrronno development proposals
be received for information;
3. THAT staff continue processing the applications to amend the Zoning By-law and the
proposed Plan of Subdivision, submitted by William Tonno Construction Limited to
permit the development of 84 residential units;
4. THAT Staff continue processing the applications to amend the Zoning By-law and the
proposed Plan of Subdivision, submitted by Kingsberry Properties to permit the
development of 72 residential units;
5. THAT the applicant, Region of Durham, all interested parties listed in this report and any
delegations be advised of Council's decision; and
6. THAT Rev. Earle Hawley be thanked for his effort and time as an area representative
on the Steering Committee.
801
REPORT NO.: PSD-012-08
PAGE 2
Submitted by:
David J. Crome, M.C.I.P., R.P.P.
Director of Planning Services
r\ ~/1 _~
Reviewed by: ~
Franklin Wu,
Chief Administrative Officer
lW/CP/DJC/df
January 28, 2008
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
802
REPORT NO.: PSD-012-08
PAGE 3
1.0 PURPOSE
1.1 The purpose of this report is to provide background details on two subdivision and
rezoning applications in the Courtice Urban Area submitted by William Tonno
Construction Limited and Kingsberry Properties. The report also provides details on the
Environmental Impact Study undertaken for the referenced applications in accordance
with the Municipality of Clarington Official Plan policies.
2.0 APPLICATION DETAILS
2.1 Application One
2.1.1 Applicant:
William Tonno Construction Limited
2.1.2 Proposed Draft Approved Plan of Subdivision:
The proposed Draft Plan of Subdivision includes 84 residential units
consisting of 22 lots for 10.0 metre single detached dwellings; 25
lots for 12 metre single detached dwellings; 5 lots for 13.5 metre
single detached dwellings; 8 blocks for 32 townhouse dwellings, a
block for a portion of a public elementary school, stormwater
management pond and an open space block.
2.1.3 Rezoning:
To change the current zoning to permit the development of the
proposed Draft Plan of Subdivision.
2.1.4 Site Area:
9.058 hectares (22.382 acres)
2.2 Application Two
2.2.1 Applicant:
Kingsberry Properties
2.2.2 Proposed Draft Approved Plan of Subdivision:
The proposed Draft Plan of Subdivision includes 72 residential units
consisting of 30 lots for 10.0 metre single detached dwellings, 10
lots for 12 metre single detached dwellings, 2 lots for 15 metre
single detached dwellings, 7 blocks for 30 townhouse dwellings,
and a block for a portion of a public elementary school.
2.2.3 Rezoning:
To change the current zoning to permit the development of the
proposed Draft Plan of Subdivision.
2.2.4 Site Area:
6.218 hectares (15.364 acres)
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3.0 LOCATION
3.1 The subject lands are located between Tooley Road and Trulls Road in Courtice north
of George Reynolds Drive and Daiseyfield Drive (Attachment 1 and Attachment 2).
4.0 SITE CHARACTERISTICS AND SURROUNDING LAND USES
4.1 The subject site is currently vacant. Less than half of the site is covered with mature
trees. The balance of the' site which had been cleared approximately twenty years ago
is in a state of re-growth. A tributary of Farewell Creek runs through the north-west
corner of the site.
4.2 Surrounding Uses (Attachment 3)
North -
South -
East -
Vacant lands, Farewell Creek and its tributary
Urban Residential - Kassinger subdivision
Urban Residential and Vacant lands subject to applications DEV90-007 and
18T -90003
Portion of the Farewell Creek and associated valley and beyond that lands
fronting on Tooley Road
West -
5.0 BACKGROUND
5.1 Application bv William Tonno Construction Ltd.
5.1.1 On January 9, 2008, D.G. Biddle & Associate Limited, on behalf of William Tonno
Construction Limited, submitted a revised draft plan in support of the subdivision and
rezoning applications. These applications would permit a subdivision containing a total
of 84 units consisting of twenty-two, 10.0 metre single detached dwellings; twenty-five,
12.0 metre single detached dwellings; five, 13.5 metre single detached dwellings; thirty-
two, townhouse units, a portion of a public elementary school block, stormwater
management pond and an open space block.
The revised draft plan was submitted in response to the findings of the Environmental
Impact Study (EIS) prepared by Aquafor Beech. The draft EIS was presented to the
public on November 1, 2007. The final report was completed in December, 2007. An
overview of the EIS is contained in Section 8.
5.1.2 The current proposal is the second revision. The first revision submitted in January
2002, proposed a total of 116 dwelling units. The original application submitted in May
1989 contained a total of 93 dwelling units. The following chart illustrates the
differences between the May 1989 proposal, the January 2002 revision and the current
proposal.
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10.0 m single detached units nfa nfa 22
12.0 m single detached units 36 58 25
13.5 m single detached units nfa nfa 5
15.0 m single detached units 57 51 nfa
18.0 m semi-detached units nfa 22 nfa
7.0 m townhouse units nfa 15 32
Total Residential Units 93 116 84
Total Residential Area (ha) 4.794 4.7 3.207
Retained by owner (ha) nfa nfa 0.220
Future Residential (ha) 0.529 0.03 0.042
School (ha) nfa 0.72 0.713
Stormwater Management Pond (ha) nfa 1.35 0.887
Open Space (ha) 0.997 0.75 1.447
Park (ha) 0.309 nfa nfa
0.3m Reserves (ha) 0.007 0.01 0.012
Road Allowance (ha) 2.114 3.40 2.530
Total Area of Submission (ha) 8.750 10.96 9.058
The total area of the submission increased in 2002 with the inclusion of lands north of
the proposed Adelaide Avenue for a stormwater management pond and open space
block. This area was removed from the plan in the latest submission as these lands are
located within Special Study Area 6 of the Clarington Official Plan. Prior to considering
development within this study area a watershed planning study for the Farewell and
Black Creeks must be completed and approved by the Province, Conservation
Authority, Region of Durham and the Municipality.
5.2 Application bv Kinasberrv Properties
5.2.1 On July 26, 2007 D.G. Biddle & Associate Limited, on behalf of Kingsberry Properties,
submitted a revised draft plan drawing in support of the subdivision and rezoning
applications. The revised drawing proposes a subdivision containing a total of 72 units
consisting of thirty, 10.0 metre single detached dwellings; ten, 12.0 metre single
detached dwellings; two, 15 metre single detached dwellings; thirty townhouse units,
and a portion of a public elementary school block.
The revised applications were submitted in response to the research findings for the
Environmental Impact Study (EIS) prepared by Aquafor Beech. The draft EIS was
805
REPORT NO.: PSD-012-08
PAGE 6
presented to the public on November 1, 2007. The final report was completed in
December, 2007. An overview of the EIS is contained in Section 8.
5.2.2 The original application submitted in January 1990 consisted of 116 residential units.
The first revision, submitted in the spring of 2000, contained 76 dwelling units. The
following chart illustrates the differences between the 1990 proposal, the 2000 revision
and the current proposal.
10.0 m single detached units nla nla 30
12.0 m single detached units 14 4 10
13.5 m single detached units nla 4 nla
15.0 m single detached units nla nla 2
18.0 m semi-detached/link lots (9.0m 102 36 nla
units)
7.0 m townhouse units nla 32 30
Total Residential Units 116 76 72
Total Residential Area (ha) 4.0796 2.64 2.663
Future Residential (ha) 0.1386 0.09 0.090
School (ha) nla 1.5 1.5
0.3m Reserves (ha) 0.0020 0.01 0.01
Road Allowance (ha) 1.8993 1.95 1.955
Total Area of Submission (ha) 6.1195 6.19 6.218
5.2.3 The difference in area between the proposals is attributed to the addition of a lot that
fronts onto Trulls Road in the vicinity of the proposed Adelaide Avenue extension; and
the removal of a portion of Daiseyfield Avenue at the southwest comer of the plan.
5.3 In November 1989, Council adopted a resolution suspending all decisions on existing
and future subdivision and rezoning applications north of Nash Road pending the
results or a Need and Route Study for the extension of Adelaide Avenue. The 1991
Durham Region Official Plan recognized this need by identifying Adelaide Avenue as
extending from Townline Road to Courtice Road.
5.4 In June 2004, the Region of Durham initiated an Environmental Assessment for the
extension of Adelaide Avenue from Townline Road to Trulls Road. The purpose of the
Study was to assess the need for the extension, identify the environmental impacts of
alternative solutions and the design alternatives, and finally to identify the preferred
alternative. The Study completed on November 18, 2005, recommended the
construction of a three lane urban/semi-urban road extension from Townline Road to
Trulls Road with a culvert bridge crossing over Harmony and Farewell Creeks. The
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REPORT NO.: PSD-012-08
PAGE 7
existing McLean Road right-of-way would be incorporated into the proposed Adelaide
Avenue right-of-way. The proposed subdivisions include the Adelaide Avenue
alignment in whole or in part generally as recommended in the Environmental
Assessment.
A local resident has requested that the Minister of the Environment (MOE) make an
order for the project to comply with Part II of the Environmental Assessment Act. The
primary concerns identified in the request were the crossing of the road through a
provincially significant wetland, roads that may cause groundwater contamination and
land pollution by spreading invasive species into environmentally sensitive areas and
the use of culverts instead of free span bridges in proximity to fish spawning grounds.
The Region is awaiting a decision from the MOE on the Part II order request. Until a
decision is made, the route for the Adelaide Avenue extension is not finalized and a final
recommendation on the proposed applications will not be forwarded to Council.
6.0 PROVINCIAL POLICY
6.1 Provincial Policy Statement
The subject applications were submitted prior to the release of the new Provincial Policy
Statement (PPS) on March 1, 2005. At the time of the original application a PPS
regarding land use planning and management of natural heritage resources had not
been issued.
7.0 OFFICIAL PLAN POLICIES
7.1 Durham Reo ion Official Plan
The lands are designated Living Area within the Durham Regional Official Plan. Lands
designated as Living Area permit the development of communities with defined
boundaries, incorporating the widest possible variety of housing types, sizes and tenure.
The proposed uses appear to conform to the Plan.
7.2 Clarinoton Official Plan
The subject lands are predominantly designated Urban Residential. There is also an
Environmental Protection Area designation related to a branch of the Farewell Creek.
The Medium Density symbols and a Public Elementary School symbol are also
identified on the subject lands. The lands are within the Highland Neighbourhood,
which has a population target of 4100 people and a housing target of 1400 units. The
extension of Adelaide Avenue is designated as a Type "C' Arterial and generally forms
the north boundary of the urban residential designation. In accordance with Map B2, a
Collector Road in the vicinity of Street "A" is to connect Adelaide Avenue with George
Reynolds, which is also a Collector Road. The remaining streets within the proposed
plan of subdivision are classified as Local Roads.
807
REPORT NO.: PSD-012-08
PAGE 8
Low Density residential uses shall be developed at a density of 10-30 units per net
residential hectare. The predominant housing form shall be single detached, semi-
detached and duplex to a maximum height of 2.5 stories. Medium Density residential
uses shall be developed at 31-60 units per net residential hectare. The predominant
housing form shall be townhouses, triplexlquadraplex, and low-rise apartments to a
maximum of four storeys.
The Clarington Official Plan requires the minimum site area for future elementary
schools on full municipal sewers to be approximately 2.5 hectares in size. The
proposed school block is divided between the two subject subdivision applications.
Official Plan policies require an Environmental Impact Study (EIS) be undertaken for
development applications located on lands within or adjacent to the Lake Iroquois
Beach, or any natural heritage feature identified on Map C. An EIS is also required for
development proposals within 120 metres of the boundary of a wetland or wetland
complex. Map "C' identifies the branch of the Farewell Creek as a cold water stream
with significant valleys as well as wetlands along the north limits of the submissions.
This study has been undertaken in accordance with the policies of the Clarington
Official Plan
8.0 ZONING BY-LAW
8.1 Within Comprehensive Zoning By-law 84-63 as amended the lands are zoned
"Agricultural (A)". A zoning by-law amendment will be required in order for development
to proceed.
9.0 ENVIRONMENTAL IMPACT STUDY
9.1 In March 2006 Aquafor Beech was retained by the Municipality to conduct a joint
Environmental Impact Study (EIS) in support of the proposals submitted by Kingsberry
Properties and William Tonno Construction Limited. The expense for the study was
borne by the applicants. The consultant examined the site in the spring, summer and fall
of 2006. The draft EIS findings were presented to the public at an open house on
November 1, 2007 at the Courtice Community Complex.
9.2 A Steering Committee for the EIS was formed including a citizen representative from the
area; staff from the Central Lake Ontario Conservation Authority, the Region of Durham,
Clarington Engineering Services and Planning Services Departments; the applicants;
and the EIS consultant.
9.3 The purpose of the EIS was to fulfil the requirements of the Clarington Official Plan and
other applicable legislation and policies. This included identifying significant natural
heritage features, how those features function, and potential impacts the proposed
developments may have on those features. The EIS was to identify lands to be
808
REPORT NO.: PSD-012-08
PAGE 9
preserved, propose mitigating measures to address negative effects, identify the
potential for restoration and/or creation of wildlife habitat; and examine the potential
impact of development on groundwater function and quality.
9.4 The EIS concluded that the site was comprised of interspersed cultural communities
and thicket swamps in the mid to late stages of succession. It was determined that the
soils have poor infiltration potential with a high water table. Multiple wetland pockets
were discovered, however, most occurred as a result of human disturbance associated
with previous agricultural and clearing practices. With the exception of a riparian
wetland feature associated with the drainage swale that crosses the subject properties,
none of the wetland pockets are considered part of the Harmony-Farewell Iroquois
Beach Provincially Significant Wetland Complex. A high level of human disturbance
was noted in the form of tracks, trails and the dumping of household debris. No
provincially significant plants, birds, mammals or amphibians were located.
It was determined that there is an abundance of breeding frogs which is unusual for an
agricultural landscape. This is likely attributed to the time of year the Amphibian survey
was conducted and the fact that the spring of 2006 was relatively wet compared to
previous years. Frogs require pools of water absent of predatory fish for breeding in the
spring; and adjoining forests for summer and winter habitat.
9.5 Recommendations
The EIS supports development provided the design compensates for and/or avoids
impacts where possible to; amphibian breeding, significant plant species, the riparian
wetland feature, and the small wetland on the north side of the Adelaide Avenue
extension and on adjacent lands. Approximately 2 hectares of wetland habitat will
need to be created and must interconnect with upland forest habitat to support
amphibian habitats. The provision of a 30 metre setback is required to act as a buffer
from the Provincially Significant Wetland. Regionally and locally rare plant species are
to be transplanted in either the buffer area or wetlands to the north. The Environmental
Constraints map contained in Attachment 5 shows the location of the proposed buffer
areas with opportunity for wetland creation. A total of twelve recommendations for
subdivision re-design were provided.
The current submissions are reflective of these recommendations which will be
incorporated into the conditions of draft approval in the event that the proposals are
recommended for approval. The final design will be peer reviewed, as a condition of
draft approval, to ensure all recommendations are addressed and the potential for
hydrological impacts on the remaining wetlands are identified and the appropriate
mitigation measures are in place. The recommendations for the EIS are included as
Attachment 4 and the Final EIS is available for review in the Planning Services
Department.
809
REPORT NO.: PSD-012-08
PAGE 10
10.0 PUBLIC NOTICE AND SUBMISSIONS
10.1 Public Notice was given by mail to each landowner within 120 metres of the subject site.
Public Meeting signs were installed on the property along the Islay Court, Daisyfield
Avenue and Trulls Road frontages.
10.2 Previous Public meetings were held on November 20, 1989, April 2, 1990, July 3, 2000
and March 4, 2002 to review the previous submissions. An Open House for the
Environmental Impact Study (EIS) was held on November 1, 2007. The Open House
was attended by approximately 40 residents.
10.3 Numerous inquiries and submissions have been received since the applications were
submitted in 1989. Concerns and comments expressed to date focus on the following
matters:
Natural Environment
. What is the impact of development on lands adjacent to provincially
significant wetland, natural features, plants and wildlife.
. A regenerated wetland and woodland would be more desirable and essential
benefit to our local environment rather than another incidence of urban
sprawl.
. Why is a buffer not recommended south of Adelaide on the Kingsberry
Properties site; and why were the wetlands south of Adelaide Avenue not
included in the Harmony Farewell Iroquois Beach Provincially Significant
Wetland.
. Increase the amount of protected lands and provide a conservation beltway
on either side of Firwood Avenue.
. These sites would provide a regional corridor between' Farewell Creek Valley
and Trulls Road.
. The EIS recommended that more important vegetation can be moved
northwardly to the Special Study Area. The writer is concerned that when it
will come time to develop that area the owner will not desire to keep these
species! Without vegetative cover the groundwater recharge function cannot
be performed successfully. That is the reason for the water table decline in
the Courtice north water basin. With climate change, the groundwater will
become more and more rare to find.
· Recommendations like transplanting or creating wetland habitat somewhere
else seldom work because there is no monitoring of success/failure atter
completion of subdivision.
· Sites identified as substitutes for linkages and transplanting are overtaken by
invasive species of flora and fauna. Will the transplanted rare plants survive?
· Assumption that the Adelaide extension would proceed reduces the scope of
the EIS to one of mitigating risk to the adjacent PSW, rather than allowing the
study the latitude to suggest outright protection of the study areas.
· Natural features will be removed by the extension of Adelaide Avenue. Major
roads create more damage not only to nature but to humans in many ways,
810
REPORT NO.: PSD-012-08
PAGE 11
among them air and water and noise pollution and further expansion of urban
boundary.
School Site
· A couple of comments were received questioning the need for another
elementary school in North Courtice. One citizen expressed support of the
proposed school site.
Subdivision Construction and Desian
. The timing of the development was questioned.
· Concerns about increased construction traffic, noise and dust were raised.
· The proposed lots should be consistent with existing development.
. A buffer should be located between the existing and proposed development.
This could provide opportunity to incorporate a trail.
. We need more greenbelt walkways in the community rather than more soccer
and baseball fields.
. We need to build sustainable and healthy communities that are walkable
and safer without major roads like Adelaide Ave. that will transect the remains
of natural features.
Tresspassina
. Adequate fencing should be installed by the developer to discourage
trespassing upon sensitive lands and the privately held valley lands in order
to minimize associated liability.
Stormwater Manaaement
. Issues of ponding north of Islay Court and flooding of basements was noted.
. Questions on how stormwater will get to Farewell Creek were raised.
. Questions regarding potential erosion and destabilization of the Farewell
Creek valley wall due to increased flow (volume and duration).
. The Storm Water Management Pond design should be visually pleasing
. Properties that abut a portion of the William Tonno Construction Ltd. (Tonno)
Plan of Subdivision to the west contain a minor watercourse that will serve as
the stormwater discharge for both plans of subdivision. The watercourse is
already stressed from additional runoff attributable to the removal of
vegetative cover and removal of a number of small natural ponds from the
Tonno and Kingsberry lands. The watercourse runs at the toe of a marginally
stable valley wall. Two property owners express concerned that additional
flow, and resultant scour of the stream, will result in a slope failure. One
owner proposed possible solutions that include acquisition of drainage
easements (with full indemnification) or outright acquisition and transfer of
major portions of the valley lands into public ownership.
811
REPORT NO.: PSD-012-08
PAGE 12
11.0 AGENCY COMMENTS
11.1 Application bv William Tonno Construction Ltd.
11.1.1 A number of departments and agencies have been circulated the recently revised
submission for comments. They will be addressed through subsequent reports.
11.2 Application bv Kinasberrv Properties
11.2.1 Clarington Emergency and Fire Services, Rogers Cable, Durham Region Transit and
Hydro One offered no concerns or objections to the proposal. Bell Canada and
Enbridge Gas Distribution Inc., offered no objections to the proposal and asked that
standard conditions be included in the conditions of draft approval.
11.2.2 Clarington Operations Department indicated that the closest stormwater management
ponds do not appear to have been sized to accommodate stormwater from this
development. Confirmation on how stormwater run-off from this development will be
handled is required. The Operations Department also requested a phasing plan
clarifying how road connections to the south and Adelaide Avenue will be implemented;
and the planned access for winter road maintenance during construction.
11.2.3 The Clarington Engineering Services Division reviewed the above-noted application and
found the proposal to be premature in nature. Prior to any approval or endorsement in
principle for the proposed development, it will be necessary for the developer to address
the following concerns to the satisfaction of the Director of Engineering Services:
. Adelaide Avenue Extension
The northerly limit of the proposed development is designated in the current
Official Plan as the location for a future mid-block arterial road commonly referred
to as Adelaide Avenue. The future alignment for this roadway as well as the
specific location within the proposed draft plan for the future roadway has not yet
been finalized. The future alignment of the mid-block arterial road must be
established and approved by the Region of Durham, the Central Lake Ontario
Conservation Authority and the Director of Engineering Services prior to any
approval, in principle, of the subject draft plan.
. StormWater Management
A significant portion of the subject lands are situated within a watershed that is
tributary to a downstream stormwater management facility referred to as
Kassinger Pond. It is not clear if the subject development can be engineered in a
manner that directs all stormwater flows to this downstream facility. The applicant
will be required to provide the Engineering Services Department with an updated
Stormwater Management Implementation Report which identifies all of the
separate watershed areas contained within the subject draft plan and adjacent
812
REPORT NO.: PSD-012-08
PAGE 13
plans of subdivision. The report must update the February 07, 1997 Penwest
Subdivision - Stormwater Drainage Assessment (G.M. Sernas & Associates Ltd.)
and must confirm where restrictor plates have been installed. This report shall be
subject to the approval of the Director of Engineering Services prior to any
approval of the subject application.
The downstream stormwater management facility known as Kassinger Pond is
subject to an endeavour to collect agreement. This plan of subdivision under
consideration is a beneficiary of the oversized works and the applicant will be
required to pay an appropriate share of previously constructed downstream
works.
The applicant's engineer will be required to prepare a Master Grading and
Drainage Plan that details the configuration of the on-site storm sewer system
(minor system) and the conveyance of the overland flow (major system) from the
subject development. The required Plan must identify all tributary watershed
areas, outfall locations and proposed stormwater management facilities. The
Plan will be subject to the approval of the Director of Engineering Services prior
to the approval of the subject draft plan.
11.2.4 The Central Lake Ontario Conservation Authority noted that until such time as the
Adelaide Avenue Environmental Assessment process has been finalized, Authority staff
would not be able to provide conditions of draft approval.
A preliminary site servicing/stormwater report is required to be submitted in support of
the application. While a proposed stormwater facility is located within the proposed plan
of subdivision to the west (Tonno), the proponent of 18T-90003 (Kingsberry) may be
able to convey stormwater flows southerly into the existing storm sewer system.
The submitted final draft of the EIS indicates that a peer review should be undertaken
for the individual plans of subdivision. This work would address the transplanting and
relocation of the regionally/locally significant flora species on the sites as well as how
potential hydrological impacts of the provincially significant wetland (PSW) will be
addressed through the site design. It is staffs belief that until site servicing has been
addressed and identified within 18T -90003, it is difficult to assess the hydrological
impacts upon the surrounding PSW.
Therefore, until such time as the final alignment of Adelaide Avenue has been approved
and a preliminary site servicing/stormwater management report has been submitted, we
are unable to provide conditions of draft approval for plan of subdivision 18T-90003.
12.0 STAFF COMMENTS
12.1 Much of the input received from the Public to date focused on preserving the subject
lands in a natural state. It was indicated that this would provide a habitat for plants and
animals, provide an additional buffer to the Harmony Farewell Iroquois Beach
813
REPORT NO.: PSD-012-08
PAGE 14
Provincially Significant Wetland, act as a wildlife corridor, protect the groundwater
recharge function and help curb urban sprawl.
Staff is sensitive to these requests and understand that the neighbouring residents have
taken the opportunity to enjoy the subject property and adjacent land which the owners
have left to regenerate to a natural state since it was last cleared in the late 1980's to
early 1990's.
It should be noted that these lands do not exhibit environmental characteristics
significantly different than the lands did in residentially developed area abutting to the
south. These lands are within the Urban Boundary and are designated for residential
development in both the Clarington Official Plan and Region of Durham Official Plan.
The Urban Boundary was established to provide areas for urban growth in an effort to
curb urban sprawl into surrounding rural areas. If residential development is prohibited
within already designated areas, the municipality may experience development
pressures in less desirable areas to accommodate an expected population of 130,000
by 2016.
12.2 An EIS was conducted in accordance with the polices contained within Section 4 of the
Clarington Official Plan and provides recommendations that will minimize impacts on
the natural environment including the groundwater, flora, fauna and adjacent
Provincially Significant Wetland.
12.3 The public questioned the scope of the EIS based on the assumption that the Adelaide
Avenue extension would receive final approval. If it is not approved then the proposal
would require revisions as Adelaide Avenue plays a major role in the design of the plan.
A major revision could require amendments to the final EIS. The cost of which would be
borne by the applicant.
12.4 The need for another public elementary school site was questioned by the residents.
Staff is awaiting comments from the Kawartha Pine Ridge District School Board who will
determine if the site is still required. The Clarington Official Plan requires elementary
school sites to be approximately 2.5 hectares in size. The subject applications contain
a 1.5 hectare block (Kingsberry) to be combined with a 0.713 hectare block (Tonno),
creating a school site that is 2.213 hectares. The school board will need to confirm the
adequacy of the proposed site.
12.5 Two residents from Tooley Road expressed concern about the possibility of stormwater
from the proposed development draining into Farewell Creek and adding to the .erosion
and destabilization of portions of the Farewell Creek Valley located within their
properties. Additional concerns regarding ponding and the flooding of basements in the
vicinity of Islay Court were also expressed.
The applicants have yet to submit a Stormwater Management Implementation Report
and Master Grading and Drainage Plan which would detail how stormwater from the
development would drain. These reports must be submitted for review by the Region of
814
REPORT NO.: PSD-012-08
PAGE 15
Durham, Central Lake Ontario Conservation Authority and Clarington Engineering
Services in order for this application to be further processed.
12.6 Staff will need to discuss the intent of Block 61 within 18T-89055 with the applicant. It is
identified as being 'Retained by Owner'. However it may be appropriate to add these
lands to the Open Space Block. The EIS identifies this area as having 'Opportunities for
Wetland Creation' (Attachment 4).
13.0 CONCLUSIONS
13.1 The purpose of this report is to satisfy the Public Meeting requirements under the
Planning Act and taking into consideration the outstanding comments, staff respectfully
request that this report be referred back to staff for further processing and the
preparation of a subsequent report.
Attachments:
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Location Map - William Tonno Construction Limited
Location Map - Kingsberry Properties
Air Photo of the Subject Lands
KingsberryfTonno Environmental Impact Study Final Report - Section 9.0
Conclusion and Recommendations
KingsberryfTonno Environmental Impact Study Final Report - Figure 6:
Environmental Constraints
Interested parties to be notified of Council and Committee's decision:
Rocco Berlino
Michael Smith
Brenda & Louie Strumenikovsky
Ronald Whalley
Michael Kirkus
Linda Garrett
Nigel Sullivan
Johanne Joly
Gary Zolumoff
Doris Reid
Mike Munce
Fred Gilmour
Scott & K. Shepley
John & K. Barriball
Paul Barta & Stacey MacNeil
Brad & Carolyn Mullin
Emily Pardy
Daniel Sharp
Derek Hampson & Mary McCracken
Bill & D. Knott
Michael & Carolyne Pennell
Scott & M. McConnell
Henry and M. McTear
Scott Devlin
Cheryl and Paul Kelly
Glenn and Janet Lance
Scott & Tricia Mitchell
Brian Broadbent & Joelle Dove
David & Amy Ross
John & Norma Hardy
Scott Millar & Melanie Campbell
Joel Peron & Katherine Ross
815
REPORT NO.: PSD-012-08
PAGE 16
Arthur mann
Sean Cumming and Charlene Kay
Stewart Prouty
Kerry Meydam
Erhard Witzke
Mark Foley
Ivan Kehoe
Bill Rothman
Cliff Curtis
Libby Racansky
Marge & Rod Painter
Brad Greentree
Nick Mensink
Michael and Deborah Rogan
Lorraine & Larry Barlow
Daniel & Donna Lamb
Lorraine & Jim Porter
Robin Keith
John & Julie Pluister
S. & P. Sweeny
Mark & Shannon Handy
Klaus & J. Cockhop
Gary Norwick
David Tonkin
Bob & Joan Blackburn
Darlene Smith
John Sklavos
Don & Doreen Hicks
David Tonkin
Scott Shepley
Scott Devlin
Stewart Prouty
Lianne Dixon
Timothy & Beverly Collins
Darlene and Phil Yahn
Bill and Evelyn Mason
Peter and Julie Guimond
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Attachment 4
To Report PSD-012-08
Kingsberry Tonno Environmental Inventory Study
Pinal Report
December 2007
9.0 CONCLUSIONS AND RECOMMENDATIONS
The site is composed of interspersed cultural communities and thicket swamps in mid to
late stages of succession. Soils are silt loams and sandy loams with poor infiltration
potential, and a high water table. There are many wet depressions and swales on the
subject properties. Although 4 of these wetland pockets appear to be natural, none ofthe
wetland pockets are considered part of the Harmony-Farewell Creek Iroquois Beach
Provincially Significant Wetland Complex, which ends at the north edge of the Adelaide
Street extension (Figure 6). The riparian wetland feature associated with the drainage
swale that crosses the study area is also part of the PSW. Generally, human impacts on
the site are high. There are numerous tracks and trails on the site, and some dumping of
household debris. Just north of the site, there are areas used for bike trails.
The Environmental Assessment for the Adelaide Street Extension makes no provision for
maintaining any north-south linkages between the PSW and the lands to the south ofthe
road right of way, except for a culvert or spanning structure (yet to be determined) over
the riparian wetland feature, and a spanning structure over Farewell Creek. Thus except
for this riparian feature, there is no benefit in establishing a buffer to be associated with
the southerly limit of the PSW features. On the north side, 30 m buffers have been
shown around each of the wetland features that are part of the PSW; however it is
apparent that portions ofthese features will be eliminated by the road extension. In
addition, there is one small feature that is within the study area on the north side ofthe
Adelaide Street Extension Right of Way.
9.1 Site Function
The site is a reservoir for local and some regionally significant plant and animal species
of successional transitional and wetland habitats. There is evidence that several bird
species of conservation concern in Durham Region nest on the site, particularly in
wetlands. The wetlands on the site provide breeding habitat for abundant frogs,
particularly species that require temporary pools in spring and wooded upland habitat in
summer and winter. These wetlands contribute to the function ofthe HFIBW complex as
a whole by providing habitat for breeding amphibians, and thus increasing reproduction
in the region. Though other wetlands within the complex and in the region provide
habitat for abundant amphibians, for example wetlands to the northwest (McCormick
Rankin 2005), the wetlands on the subject properties may especially boost reproduction
in wet years, assisting in maintaining regional populations through adverse conditions
such as dry years or unusually cold winters. These frogs tend to become extirpated in
urbanized landscapes (for example, there are almost no locations for these species in
Mississauga or Toronto, even in larger river and creek systems, because of the lack of
vernal pools). They are highly sensitive to development, because in the course of
development small temporary wetlands are developed, hydro period within wetlands is
changed, and/or the connections between upland and wetland habitat are disrupted.
The site also likely functions as a movement corridor between the habitat on the site, the
habitat to the west along Farewell Creek and the wetlands east and north ofthe site, as
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Kingsberry Tonno Environmental Inventory Study
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December 2007
noted by McCormick Rankin and reinforced by the fmdings ofthe present study. It is
likely that the surrounding area is highly interconnected in terms of animal movement,
except to the south, where residential development forms an ecological barrier.
9.2 Potential Impacts of Adelaide Street Extension
The function ofthe wetlands on the site is likely to be completely compromised by the
Adelaide A venue extension across the north boundary ofthe site. The extension will
essentially eliminate four ofthe most important wetlands on the site, and will form an
ecological barrier to animal movement north and south across the extension. In addition,
there may be impacts on the water balance ofthe wetlands on the site from impairment of
surface drainage and groundwater patterns. Impacts of the Adelaide Avenue Extension
will inevitably compound impacts from the current subdivision design, as the subdivision
design will eliminate most wetlands on the site, while the connection to wetlands to the
north will be disrupted by the road.
9.3 Potential Impacts of Subdivision Design
The function of the non-provincially significant wetlands on the site as an amphibian
breeding habitat and as reservoirs for locally and regionally significant species would be
seriously impaired by the current subdivision design. The interconnection between
wetland habitats on the site and upland habitat along Farewell Creek, as well as to forests
north of the site, would be disrupted, and this connection is likely critical in maintaining
amphibian populations.
Impacts from the present subdivision design on the PSW would likely include
. Direct impacts of removal of habitat (elimination of wetlands and wooded upland
habitat for species that breed in wetlands);
. potential impacts from construction (siltation);
. potential impacts on water quality;
. potential impacts of pets such as cats and dogs;
. potential impacts from human encroachment;
. potential impacts on water levels in wetlands because of changes to water balance
from installation of services;
9.4 General Recommendations
Figure 6 shows the limits of the PSW with a 30 m setback that is considered as a
minimum to provide a buffer between the wetland features and adjacent development. In
this case, the Adelaide Street Extension defmes the southerly limit of the PSW wetland
features within the boundaries of the PSW, except for the small riparian feature on the
westerly side of the study area, near the Farewell Creek valley.
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Kingsberry Tonno Environmental Inventory Study
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The subdivision design should be revised to compensate for and/or avoid impacts where
possible to amphibian breeding and significant plant species in the riparian wetland
feature and the small wetland in the study area, on the north side ofthe road extension
and on the adjacent lands. Two sections ofthe PPS (sections 2.1.1 and 2.1.6) apply to
Provincially Significant Wetlands as follows:
2.1.1 Development and site alteration shall not be permitted in:
a) significant habitat of endangered species and threatened soecies:
b) significant wetlands in Ecoregions 5E, 6E and 7EI; and .
c) significant coastal wetlands.
2.1.6 Development and site alteration shall not be permitted on adiacent lands to the
natural heritage features and areas identified in policies 2.1.3, 2.1.4 and 2J5 unless
the ecological function of the adiacent lands has been evaluated and it has been
demonstrated that there will be no negative impacts on the natural features or on
their ecological functions.
The following issues should be considered:
· Wetlands require sufficient buffering to allow ecological processes to continue
after development. Wetland buffers of30 m are required by Central Lake Ontario
Conservation Authority (CLOCA). Therefore, a 30 m buffer around the riparian
feature and the wetland pocket within the PSW is shown on Figure 6.
· To compensate for the loss of about 2 ha of wetland habitat, a wetland feature
should be created in one or more of the areas identified in Figure 6. This feature
(or features) would be a vernal pool type of habitat that would not support fish
and likely would only persist into the early to late summer.
· To function effectively, amphibian breeding habitat must be interconnected with
upland habitat, as frogs need to be able to move out of ponds into woodlands and
forest in order to forage during the summer and fmd hibernation sites in the
winter. The riparian wetland associated with the minor drainage feature crossing
the study area provides an opportunity to maintain and establish this linkage in
association with the 30 m buffer. The created wetland features would also be
located in areas where access to forested habitat is available
· Consideration should be given to transplanting regionally and locally rare plant
species in buffer areas for the northern wetlands or in the created wetlands.
9.5 Recommendations for Re-design of Subdivision
A 30 m buffer should be implemented around the preserved wetlands to ensure their
function is not compromised by the development or the road. The subdivision should be
re-designed to conform with the necessity to preserve these wetlands as well as a 30 m
buffer.
It is recommended that a natural linkage be retained with the Farewell Creek corridor to
the west along the northern border ofthe site, via the riparian PSW feature.
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Kingsberry Tonno Environmental Inventory Study
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The subdivision design should consider designing compensatory amphibian breeding
ponds within the 30 m buffer and in the areas designated in Figure 6. The location and
design of compensatory ponds/vernal wetlands should be determined by a qualified
biologist to ensure they are functional with the objective of creating about 2 ha of habitat.
Breeding ponds must be linked with appropriate upland habitat. The hydroperiod also
needs to be of sufficient duration to ensure amphibian larvae have time to transform into
adults. Ponds should be "fishless" to ensure that larvae have a reasonable chance of
survival. In terms of creating this new wetland habitat, some flexibility should be
provided that may allow the following: '
. Design of the wetland may be done in concert with the proposed stormwater
management facility, provided that any wetland habitat constructed as part of the
functional design ofthe facility is not counted as part ofthe created wetland
. The location ofthe stormwater pond should be outside ofthe 30 m buffer area,
although some natural landscaping associated with the pond may be permitted within
the buffer area.
. The stormwater management facility cannot be located north ofthe Adelaide Street
Extension
Subdivision design should include the following general design considerations:
. Development should not encroach within the 30 m buffer ofwetlands;
. The significant flora identified in Figure 6 will be relocated to the wetlands north
of the Adelaide Street Extension, or the riparian feature, or the created wetlands,
as appropriate
. The subdivision should not sever a linkage between remaining wetlands and the
Farewell Creek corridor;
. The subdivision design should limit access to the natural heritage portion ofthe
site, and should propose trail routes to limit impacts of human traffic through the
site.
. Stormwater management for the site shall be consistent with protection of the
coldwater fish community of Farewell Creek. This requires an enhanced level of
protection (Levell) as outlined in the MOE Stormwater Management Planning
and Design Guidelines (2003).
. Based on the water budget and groundwater assessment, there is limited potential
for infiltration on the site; however, the design of storm water management
facilities should consider moderating temperatures to avoid thermal impacts on
Farewell Creek. This would include options such as a bottom draw outlet or a
buried discharge.
. While the site conditions suggest moderate groundwater infiltration potential, this
is confined to the upper 1-2 m, which explains in part the presence of numerous
vernal pool features on the site. This shallow'groundwater may discharge locally
to the riparian wetland feature and Farewell Creek, at least within the valley of
Farewell Creek. As part of the design and construction of the subdivision,
measures should be implemented to ensure that this shallow westerly groundwater
flow is not impeded, or more importantly diverted along infrastructure, but
installing clay plugs to prevent "piping" of groundwater along storm sewers, for
20
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Kingsberry Tonno Environmental Inventory Study
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December 2007
example. Low flow monitoring ofthe riparian wetland feature, just upstream of
its confluence with Farewell Creek and in Farewell Creek, just downstream ofthis
confluence should be completed to establish a baseline to assess the impact of the
development on shallow groundwater flow.
· It has been identified that there may be an opportunity to address stormwater
management concerns on the easterly property within the study area, by routing
stormwater southerly through the existing subdivision lands (south of
Daiseyfield). This will require a review ofthe existing stormwater management
facility within this subdivision to ensure that it can meet the required
quantity/quality control criteria (the site would have to meet the enhanced level of
protection. Several options for stormwater management may be considered for
this site as follows:
o The use of a stormcepter and perhaps some additional retrofitting of the
existing stormwater management facility
o Some form of "cash in lieu" whereby the funds may be used to address
other stormwater management priorities
o Proceed to address stormwater management on the property by utilizing
the proposed stormwater management facility that will be required for the
westerly property
When a new subdivision design has been developed, it should be peer reviewed to ensure
that the recommendations in this EIS report are appropriately addressed. In particular,
the fmal design should address the potential for hydrological impacts on the remaining
wetlands, and determine appropriate mitigation for potential effects ofthe subdivision on
the water quality and hydroperiod of the wetlands.
10.0 REFERENCES
Couturier, A. 1999. Conservation priorities for the birds of southern Ontario.
http://www.bsc-eoc.org/conservation/conservmain.htmI.
Hannah, R. 1984. Life Science Areas of Natural and Scientific Interest in Site District 6-
13. Parks and Recreational Areas Section, Ontario Ministry of Natural Resources,
Central Region, Richmond Hill, Ontario. Vii + 57 pp + folded map, iIIus.
Kaiser, 1. 1983. Native and exotic plant species in Ontario: a numerical synopsis. The
Plant Press 1 (2):25-26.
Lee, H.T., W.D. Bakowsky, J. Riley, J. Bowles, M. Puddister, P. Uhlig, and S.
McMurray. 1998. Ecological Land Classification for Southern Ontario: First
Approximation and Its Application. Ontario Ministry of Natural Resources, Southcentral
Science Section, Science Development and Transfer Branch. SCSS Field Guide FG-02.
McCormick Rankin Corporation. 2005. Adelaide Avenue Extension Class
Environmental Assessment Study: Environmental Study Report. Report for the Region
of Durham.
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North South Environmental Inc.
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824
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION MEETING
Date:
Monday, February 4, 2008
Report #: PSD-013-08 File No's: A2007-0065 & A2007-0066 By-law #:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF JANUARY 17, 2008
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-013-08 be received; and,
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
January 17, 2008, for applications A2007 -0065 and A2007 -0066 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of the
Committee of Adjustment.
Submitted by:
d-~~
Reviewed by:
Franklin Wu,
Chief Administrative Officer
v J. Crome, M.C.!.P., R.P.P.
Director of Planning Services
PW*CP*DC*sh
28 January 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
826
REPORT NO.: PSD-013-08
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 applications and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
JANUARY 17, 2008
A2007 -0066
A rove
Approve with
conditions
A roved with conditions
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decisions and are satisfied that applications
A2007 -0065 and A2007 -0066, are in conformity with both Official Plan policies,
consistent with the intent of the Zoning By-law, are minor in nature and desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2007 -0065 and A2007 -0066, 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
827
Attachment 1
To Report PSD-013-08
CL~n
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
CENTRAL LAKE ONTARIO CONSERVATION
WILLIAM PARISH
PROPERTY LOCATION: 1855 CONCESSION RD 9. DARLINGTON
PART LOT 26. CONCESSION 9
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2007-0065
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300
METRES TO 160 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 1885
CONCESSION ROAD 9 AND FROM 300 METRES TO 265 METRES FROM THE
NEAREST LIVESTOCK BUILDING AT 1823 CONCESSION ROAD 9.
DECISION OF COMMITTEE:
TO APPROVE THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 M
TO 160 M FROM THE NEAREST LIVESTOCK BUILDING AT 1885 CONCESSION
ROAD 9 AND FROM 300 M TO 265 M FROM THE NEAREST LIVESTOCK BUILDING
AT 1823 CONCESSION ROAD 9 AS IT IS MINOR IN NATURE DESIRABLE AND
CONFORMS TO THE INTENT OF BOTH ZONING BY-LAWS AND BOTH OFFICIAL
PLANS.
DATE OF DECISION:
January 17. 2008
LAST DAY OF APPEAL:
February 6. 2008
828
CL8Jll]gton
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
DG BIDDLE & ASSOCIATES LTD
PATRICIA STEPHENSON
FILE NO.:
2200 RUDELL ROAD, NEWCASTLE VILLAGE
PART LOT 31, CONCESSION 2
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
A2007 -0066
PROPERTY LOCATION:
PURPOSE:
TO PERMIT THE ENLARGEMENT OF AN ACCESSORY BUILDING (DETACHED
GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40%
TO 76% OF THE MAIN DWELLING FLOOR AREA TO A MAXIMUM OF 179 M2.
DECISION OF COMMITTEE:
TO APPROVE AN EXISTING ACCESSORY BUILDING WITH A MAXIMUM LOT COVERAGE
OF 76% OF THE CURRENT DWELLING HABITABLE FLOOR AREA TO A MAXIMUM OF 179
M2 SUBJECT TO THE FOLLOWING CONDITIONS:
. THAT NO ADDITIONAL DRIVEWAY BE PERMITTED FOR ACCESS TO THE
ACCESSORY BUILDING; AND
. THAT NO EXISTING DRAINAGE PATTERNS ARE ALTERED OR ADVERSELY
AFFECTED AS A RESULT OF THIS APPLICATIONS
AS IT IS MINOR IN NATURE, WOULD NOT HAVE A DETRIMENTAL IMPACT UPON THE
NEIGHBOURHOOD AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND
BOTH OFFICIAL PLANS.
DATE OF DECISION:
January 17, 2008
LAST DAY OF APPEAL: February 6, 2008
829
Cl~mglOn
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 4,2008
Report #: PSD-014-08
File #: PLN 7.12
By-law #:
Subject:
ANNUAL REPORT ON SITE PLAN ACTIVITIES FOR 2007
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-014-08 be received for information.
Submitted by:
D id . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: O~.-:... &R
Franklin Wu,
Chief Administrative Officer
MKlCP/DJC/sh
January 28, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
830
REPORT NO.: PSD-014-08
PAGE 2
1.0 BACKGROUND
1.1 The purpose of this report is to provide an update on information regarding site
plan activity in 2007.
1.2 The Site Plan Control By-law requires that plans and drawings for any building or
structure be approved by the Municipality prior to issuance of a building permit
except for those exceptions stated in By-law 90-130. By-law 90-130 delegates
the approval authority of site plan applications to the Director of Planning
Services and the Director of Engineering Services.
1.3 Except for additions or minor expansions, site plan approval is generally required
for a proposed development to ensure a comprehensive design review of the
location of all buildings and structures, landscaping, access locations, grading,
servicing, parking areas, signage and lighting etc., by all regulatory authorities.
In addition, it is through the site plan approval process that the Municipality
applies conditions of approval including requirements such as; cash-in-lieu of
parkland dedications, road widenings, and performance guarantees, etc. Land
owners are usually required to execute a development agreement with the
Municipality which is registered on title and is enforceable against present and
future owners.
2.0 SITE PLAN ACTIVITY
2.1 Attachment 1 to this report outlines all site plan applications received during the
period of January 1, 2007, and December 31, 2007. Attachment 2 outlines all
site plan applications approved during the same time period.
Approval is usually conditional on satisfying a number of conditions, financial and
otherwise, including entering into a development agreement, which is registered
against title. Site Plan activity through 2007 was as follows:
2.2 Site Plan activity through 2007 was as follows:
Table 1: Site Plan Activit , 2007
Application Files Remaining Open at end of 2006
Applications Received
Applications Approved
Applications Withdrawn
Applications Appealed to OMS
Applications Denied to OMS
A lication Files Remainin 0 en at end of 2007
74
49
29
o
o
o
94
831
REPORT NO.: PSD-014-08
PAGE 3
Site Plan Applications Received, 1999-2007
70
i 60
.~
~ 50
~ 40
:1:1 30
lJ
'B: 20
<
'*I: 10
o
1999 2000 2001 2002 2003 2004 2005 2006 2007
Year
Figure 1: Site Plan Applications Received, 1999-2007
Recent site plan application trends suggests a steady amount of activity
averaging in the range of 47 applications per year over the last nine years. The
number of applications received by the Municipality in 2007 is a small increase
over the previous two years.
2.3 A breakdown of site plan applications submitted in 2007 by land use type is
shown in the pie chart below.
Site Plan Applications Received by Type, 2007
Institutional
13%
Industrial
23%
Commercial
45%
Residential
19%
Figure 2: Site Plan Applications Received by Type, 2007
832
REPORT NO.: PSD-014-08
PAGE 4
The Municipality has shown strong commercial and industrial growth in 2007,
accounting for 45% and 23% respectively, of all site plan applications received.
Residential growth has remained steady with a slight decrease in percentage
from the previous year, accounting for 19% of all site plan applications in 2007.
2.4 Site plans approved in 2007 by type are shown in Figure 3. These figures also
include site plans received in years previous to 2007.
Site Plan Applications Approved by Type,
2007
Institutional
7%
Industrial
18%
Com mercial
59%
Residential
18%
Figure 3: Site Plan Applications Approved by Type, 2007
Site plan approval in 2007 was comprised mostly of commercial related
developments which totaled 59% of all site plan approvals in 2007. This is up
from 44% of all site plan approval in 2006. This trend should be expected to
continue during the coming year since commercial based site plan applications
comprised nearly half of all applications received in 2007. The development of
West Bowmanville Town Centre is expected to continue to trigger commercial
development in 2008.
2.5 Figure 4 illustrates the total floor space approved through site plans by land use
type. In 2007, 20,874 square metres of commercial floor space was approved
through site plan application. Examples of large commercial projects approved
include: a 6 storey hotel and 2 storey convention centre, a Home Depot store and
a commercial plaza located on Longworth Avenue. Smaller projects such as
833
REPORT NO.: PSD-014-08
PAGE 5
retail conversion and expansions account for the remainder of commercial floor
space approved.
Total Floor Space Approved by Land Use, 2007
10000
25000
f 20000
E
!
as
::s
C"
.!.
15000
S
'2 5000
::>>
o
Commercial
Residential
Land Use
Industrial
Figure 4: Total Floor Space Approved by Land Use, 2007
A total of 10,400 square metres of residential floor space was approved in 2007
through site plan application. The approved residential floor space consists of 63
apartment units and 27 condominium town homes. This suggests continued
growth in medium to high density housing alternatives within the Municipality.
Industrial developments approved in 2007 through site plan application
accounted for 10,194 square metres of total floor space. These industrial projects
included a compost facility, and other storage and processing buildings.
There were only 2 site plan applications approved in 2007 for institutional uses
and those 2 projects were concerning day care additions to existing schools.
2.6 Site plan Applications approved and received in 2007 by geographical area are
shown in Figure 5 below.
834
REPORT NO.: PSD-014-08
PAGE 6
Site Plan Applications Approved and Received by Geographic Area, 2007
50%
45%
40%
CD 35%
J 30%
c 25%
~ 20%
CD
D.. 15%
10%
5%
0%
Courtice Darlington Bow manville New castle Clarke
Village
Geographic Area
Orono
II Received
lI.Approved
Figure 5: Site Plan Applications Approved/Received by Community, 2007
72% of all approved site plan applications in 2007 occurred within urban areas of
Clarington. Since Bowmanville is designated as the dominant urban centre for
the Municipality, it is no surprise that 48% of all approved site plan applications
were located within the Bowmanville urban area. The majority of approved plans
within Bowmanville were commercial based applications indicating a growing job
market and another step towards meeting employment targets.
2.6.1 Bowmanville remains the leading geographical area for both the number of
received and approved site plan applications in 2007. Site plan activity in 2007
indicates Bowmanville will continue to be the dominant urban centre for the
Municipality of Clarington and the primary receiver of future urban development.
Commercial site plan approval continues to remain strong through 2007 with
larger new commercial projects such as a hotel and a Home Depot store being
the dominant commercial approvals. Other small commercial development, such
as retail conversion and retail expansion, has occurred primarily within the core
of Bowmanville. This type of redevelopment within Bowmanville should continue
to be seen in upcoming years as the community realizes urbanization and
infilling. Received applications in 2007 located in the geographical area of
Bowmanville, indicate a continued growth in new retail, converted retail uses and
higher density housing types.
2.6.2 Newcastle Village area accounted for 15% of all received site plan applications,
and 17% of all approved site plan applications in 2007. Approved site plans
included a retail unit conversion, a 4 storey apartment building and a day care
addition. Site plan applications received in 2007 for Newcastle Village included a
public library, a day care school and retail uses. Although there is no new major
commercial growth occurring, there certainly will be continuing activity including
ongoing development of the Port of Newcastle.
835
REPORT NO.: PSD-014-08
PAGE 7
2.6.3 Courtice area accounted for 7% of all approved site plan activity and 19% of all
received site plan applications in 2007. Site plan activity in Courtice included the
approval of a compost facility and an outdoor patio expansion. Received
applications for the Courtice area included industrial facilities, higher density
housing projects, school expansion in the form of portables and a new EMS
facility. Although there were no new commercial uses proposed for Courtice in
2007, there seems to be an overall growth in other land uses such as residential,
institutional and industrial.
2.6.4 Orono area received no new site plan applications in 2007 however there was
one approved site plan. That site plan consisted of the conversion of an old mill
into a commercial unit, residential unit and a wood working/printing studio.
Growth is expected to remain minimal within the Orono geographical area.
2.7 There are 94 files remaining open at year end 2007. Some have been recently
received and are in circulation for comments from other departments and
external agencies. Others have been open for longer periods. These
applications tend to be more complex, they often require more time for potential
zone changes and resolving related issues.
3 CONCLUSION
3.1 Site plan activity in 2007 has followed recent trends with strong growth in the
commercial and industrial sectors. In addition, approved institutional
development has decreased from 21 % in 2006 to 7% in 2007.
3.2 In recent years with the maturing of the community, higher density residential
proposals have been more prevalent. New residential projects approved in 2007
consisted of a 4 storey apartment building as well as a 27 condominium town
house unit development. The site plan applications received in 2007 for
residential developments also included mainly higher residential proposals such
as: a 3 storey building with 58 units, a 4 storey building with 68 units, 151
apartment condominiums, and 122 town house condominiums. Overall, the
municipality is supporting a higher density form of residential development which
offers more sustainable and affordable options.
3.3 Bowmanville continues to have the majority of received and approved site plan
applications in 2007, confirming its dominance as the urban centre for the
Municipality. Commercial development approvals included large format stores
such as Home Depot and plazas, as well as a Hotel and convention centre which
will bring larger opportunity for tourism activity to grow within the Municipality of
Clarington. It is apparent that Bowmanville is becoming more urbanized due to
higher density residential developments, redevelopment of core retail areas and
major commercial growth.
836
REPORT NO.: PSD-014-08
PAGE 8
Attachments:
Attachment 1 - Site Plan Applications Received (January 1,2007 to December 31,
2007)
Attachment 2 - Approved Site Plans (January 1,2007 to December 31,2007)
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 4,2008
Report #: PSD-015-08
File #: PLN 1.1.12
By-law #:
Subject:
UPDATE ON THE IMPLEMENTATION OF THE GROWTH PLAN FOR THE
GREATER GOLDEN HORSESHOE, 2006
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-015-08 be received.
Submitted by:
Davi J. rome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed by: d " .~ ~.:. e:-.sz...
Franklin Wu
Chief Administrative Officer
DJ/COS/DJC/df/sh
29 January 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
844
REPORT NO.: PSD-015-08
PAGE 2
1.0 INTRODUCTION
1.1 The purpose of this report is to provide Council with an update on the implementation of
the Growth Plan for the Greater Golden Horseshoe, 2006, with specific reference to the
delineation of a "Built Boundary" for the Municipality of Clarington and the steps the
Region of Durham is taking to implement the Growth Plan.
2.0 BACKGROUND
2.1 On June 16, 2006, the Ministry of Public Infrastructure Renewal (PIR) released the
Growth Plan for the Greater Golden Horseshoe, 2006. It was prepared under the
Places to Grow Act, 2005, as part of the Places to Grow initiative to plan for healthy and
thriving growth throughout the province.
2.2 The objective of the Growth Plan is to provide growth management policy direction to
the year 2031 to address the problem of sprawl and the economic competitiveness of
Central Ontario as reflected in congested transportation routes, ineffective public transit,
soaring infrastructure costs, conversion of employment areas, deprivation of the natural
environment and human health. Through the Plan, the Province intends to significantly
alter growth management by using its planning powers and infrastructure funding
capacity .
2.3 The Growth Plan for the Greater Golden Horseshoe, 2006 supports the creation of
compact, mixed-use and transit-supportive communities. It requires municipalities to
accommodate a significant portion of future residential and employment growth through
intensification.
The provincial government is currently working on two other initiatives that will have an
impact on Clarington. As part of the Growth Plan implementation strategy, the Province
is undertaking a regional economic analysis to identify provincially significant
employment areas. From our perspective we want to ensure that the Energy and
Science and Technology Business Parks are recognized as significant employment
areas.
The other major initiative undertaken by the Provincial Government is the preparation of
a Regional Transportation Plan for the Greater Toronto area and Hamilton. The process
is being carried out by the Greater Toronto Transportation Authority - GTTA- also
known as Metrolinx. The Regional Transportation Plan will become the framework to
determine transportation priorities and investment for GO, public transit, and highways.
It is expected that a draft Transportation Plan will be ready in about six months time.
Metrolinx has released the first discussion paper - Towards Sustainable Transportation.
They will release other papers on topics like Mobility Hubs, WalklCyclefTransportation
Demand Management, Moving Goods, Highways and Roads, and Transit. Carlos
Salazar from the Planning Services Department is a member of the Technical Advisory
Group for some of these papers.
845
REPORT NO.: PSD-015-08
PAGE 3
2.4 A key policy in the Growth Plan is the establishment of an intensification target, which
specifies that by 2015 and each year thereafter, a minimum of 40 percent of new
residential development will occur within the "Built Boundary" of each upper- or
single-tier municipality. In our case, the 40% is will be measured at the Regional level.
The intensification target is a minimum target and municipalities, through their
intensification strategies, will identify areas appropriate for intensification within their
built boundary.
2.5 Lands that lie outside the Built Boundary but are within the settlement area are subject
to the Growth Plan's "Designated Greenfield" area policies, including the Designated
Greenfield area density target of 50 residents and jobs per hectare. The settlement area
boundary is defined by the respective municipal official plan.
2.6 The Region of Durham postponed the adoption of certain components of Amendment
114, such as its residential growth and employment growth policies because of the
difference between the Growth Plan and the Region's population and employment
targets. According to the Places to Grow Act, the Region's growth policies need to
conform to the Growth Plan. Consequently the Region, during the summer of 2007,
retained the service of Urban Strategies, Watson and Associates Economists Ltd. and
TSH Consulting Engineers to conduct a Growth Plan Implementation Study that would
form the basis for bringing the Regional Official Plan into conformity with the Growth
Plan for the Greater Golden Horseshoe. The progress with regard to this initiative is
further explained in paragraph 3.3 of this report.
3.0 DISCUSSION
3.1 What is the Built Boundary?
3.1.1 The Built Boundary, by definition identifies the built-up area of a municipality by June
16, 2006. The Built Boundary is fixed in time for the purposes of implementing and
monitoring a number of key policies of the Growth Plan. Residential development
occurring within the Built Boundary will be counted towards achievement of the
intensification target.
It is important to emphasize that the Built Boundary is not a land-use designation and
the delineation of the Built Boundary will not confer any new land-use designations, nor
alter existing land-use designations. Any development on lands within the Built
Boundary is still subject to the relevant provincial and municipal planning policies and
approval processes.
3.2 How is the Built Boundary developed?
3.2.1 In November 2006, PIR released the Technical Paper on a Proposed Methodology for
Developing a Built Boundary for the Greater Golden Horseshoe. That paper described
the steps to delineate the Built Boundary, and applied the methodology to generate grid-
cell mapping of the approximate built-up areas in the Greater Golden Horseshoe. In
Clarington, the Province delineated built-boundaries for Courtice, Bowmanville,
Newcastle, and Orono.
846
REPORT NO.: PSD-015-08
PAGE 4
3.2.2 Working from the preliminary Draft Built Boundary, PIR verified the underlying data and
assumptions with all municipalities in the Greater Golden Horseshoe in the winter and
spring of 2007. The Region of Durham worked closely with the municipalities to prepare
their technical comments. Regional staff was very supportive of the municipalities'
efforts to provide comments to the Provincial Government. This feedback and advice
from municipalities, was used to further revise the methodology and a Proposed Final
Built Boundary was issued in late Fall 2007 for final input from municipalities.
3.2.3 Regional Planning Staff in collaboration with the Clarington Planning Services
Department staff are in the process of verifying the Proposed Final Built Boundary and
are providing final feedback to the Ministry. It is expected that the Final Built Boundary
as well as the full methodology will be released once all necessary refinements are
complete within the first quarter of 2008. Once issued, the Final Built Boundary must be
used in implementing the Growth Plan.
3.2.4 Large scale copies of maps reflecting the proposed Built Boundary for Clarington are
available at the Planning Services Department.
3.3 Durham Region's Implementation of the Growth Plan
3.3.1 The Region of Durham, in response to:
. the Growth Plan forecast that 373000 more people will be living in Durham and
142000 more jobs will be created in this region over the next 25 years,
. the Growth Plan intensification directives for built-up areas and designated
greenfields, and,
. the requirement in the Places to Grow Act, 2005 that a municipality must bring its
official plan into conformity with the Growth Plan before June 16, 2009;
initiated a Growth Plan Implementation Study in July 2007.
3.3.2 The Growth Plan Implementation Study will result in a recommended growth scenario
for Durham to 2031 and a refined policy framework, articulated through the Regional
Official Plan, to better manage growth and development in the Region in a matter that
conforms to the Growth Plan.
3.3.3 On January 8, 2008 the Regional Planning Committee authorized the release of the 1st
report of the Growth Plan Implementation initiative entitled Growing Durham, Growth
Plan Implementation Study, Draft - Phase 1 & 2: Summary of Understanding and Initial
Analysis. A copy of the Executive Summary "Overview" is attached.
3.3.4 This Draft Report consists of a Reconnaissance phase (the distinctive characteristics,
opportunities and challenges of the Region) and an Initial Growth Assessment phase
with specific emphasis on the potential of the Region to accommodate growth through
intensification of existing built-up areas, in Designated Greenfields and employment
lands needs.
847
REPORT NO.: PSD-015-08
PAGE 5
3.3.5 Planning Staff of Clarington met with the Region on Friday, January 25th. 2008 to
discuss the report and Staff will also be providing further input to inform the next phase
of the study. The inputs given will assist the consultant in refining and confirming
directions for subsequent phases of the study, which will include distribution of growth to
each of the area municipalities.
3.3.6 The Draft Report also initiated the start of the consultation program by the Region with
the first Public Information Session that was held on January 29, 2008.
3.3.7 A preliminary review of the Draft Report raises certain concerns, such as:
. A map reflecting two alternative locations for a future GO Station in Bowmanville,
one at the corner of Waverley Road and the 401 and the other further north adjacent
to the Bowmanville West Town Centre. This raises serious concerns as the
Municipality has just completed the Bowmanville West Town Centre Secondary Plan
and has been promoting higher density in the area in large part due to the proposed
GO Station. Similar concerns have been raised in Oshawa. Staff from both
municipalities' planning departments are meeting to on how to recommend to
Council a position on the issue and,
. The methodology and accuracy of the research in determining the land availability
for intensification in Clarington;
. The accuracy of the factors and assumptions that were used to create the growth
scenario's for the Region for the next 25 years.
3.3.8 Based on the analysis, the Study provides the following preliminary directions for the
next phases of the study:
. Positive levels of growth need to be directed to all of Durham's communities,
including Durham's northern communities, in order to ensure their economic viability;
. The Region's overall residential land needs to 2031 are beyond the supply of land
within the current urban boundary - the analysis indicates a deficit of 12,500 units
within the built-boundary;
. In Greenfield Lands, the analysis indicates a deficit of 2081 gross hectares;
. The need for up to 418 gross hectares of additional land is required to meet
employment needs - this will require strategic investment and more land;
. Meeting the Growth Plan density targets will require a more urban development
pattern than has historically existed in the region; and,
. Growth also needs to be accommodated through the creation of new growth nodes
matched with supporting infrastructure.
4.0 CONCLUSION
4.1 The delineation of a Final Built Boundary and the implementation of the Growth Plan will
significantly alter the urban growth in Clarington over the next 25 years. Clarington
Planning Staff will, through active participation in the Region's initiatives and through its
own Official Plan Review process, provide an appropriate response to the Growth Plan
directives.
848
REPORT NO.: PSD-015-08
PAGE 6
Attachment:
Attachment 1 - Map of Proposed final Built Boundary for the Region of Durham
Attachment 2 - Growing Durham: Growth Plan Implementation Study
849
Attachment 1
To Report PSD-015-08
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Proposed FlnlII Bulk Boundary
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Built-up _ Buik-up Anon
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Soura!S: MInIstry d _1nInIsbucluro _. MInIstry d
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Proposed Final Built
Boundary for the
Region of Durham
The information displayed on the base map has been compiled from various sources,
may not accurately reflect approved land-use and planning boundaries, may not be to
scale, and may be out of date. The Province of Ontario assumes no responsibility or
liability for any consequences of any use made of this map.
Proposed Final Built Boundary for the Growth Plan for the Greater Golden Horseshoe, 2006
Technical Paper Fall 2007850 23
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To Report PSD-015-08
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OVERVIEW
WHAT IS THE DURHAM GROWTH
PLAN IMPLEMENTATION STUDY?
The Province's Growth Plan for the Greater Golden Horseshoe,
released in 2006, directs that by 2031, the Region of Durham
plan for 960,000 people living and 350,000 people working within
the Region. That represents 373,000 more people and 142,000
more jobs than existed in the Region in 2006. In planning ahead
for this growth and in response to recent Provincial growth
management policy directions, the Regionof Durham initiated
,
a Growth Plan Implementation Study in JuJy 2007. This Study
builds on the Region's Official Plan review work to begin to prepare
recommended policy responses that will bring the Region's Official
Plan into conformity with the Growth Plan policies. In particular,
the study is intended to address Growth Plan population and
employment forecasts to 2031, intensification and greenfield
density targets, and resultant urban land needs in Durham up
to 2029. The Growth Plan Implementation Study will result in a
recommended growth scenario for Durham to 2031 and a refined
policy framework to better manage growth and development in the
Region in a manner that conforms to the Province's Growth Plan
policies.
WHAT IS THIS REPORT?
This Draft Report provides a synthesis of the first phases,
Reconnaissance and Initial Growth Assessment, undertaken for
the Growth Plan Implementation Study. The Reconnaissance
phase resulted in the assembly of a solid understanding of the
current regional context - the distinctive characteristics, the
opportunities and challenges therein - painting an overall canvas
within which growth will occur. The Initial Growth Assessment
phase has resulted in the creation of a residential growth forecast
that provides a market-driven base case growth scenario and has
been the basis for three streams of initial analysis: the potential
to accommodate growth through intensification of existing built-up
areas; in Greenfield development; and employment land needs.
Given the interrelated nature of these streams of analysis and
the assumptions inherent in them, the resultant land needs
assessment in this draft report provide only initial findings that will
need to be tested and refined through future phases of the work.
More specifically, the work creates a base line foundation for
testing of alternative scenarios that will accommodate population
and employment growth within Durham Region to 2031. The
testing of alternative growth scenarios will be the focus of the next
phase of work.
OUR UNDERSTANDING OF THE
CURRENT REGIONAL CONTEXT
In 2000, the Region of Durham embarked upon a Regional
Official Plan Amendment exercise to update the 1993 Regional
Official Plan (ROP). Through this amendment, a comprehensive
review and substantial analysis of existing policies within the ROP
occurred. This produced a series of recommended directions
that wound up forming the basis for proposed amendments to
the 1993 ROP (ROPA 114). In 2006, the Province released the
Greater Golden Horseshoe (GGH) Growth Plan and Greenbelt Plan.
The Growth Plan establishes the following policies with which the
ROP must conform: Population and job forecasts of 960,000 and
350,000, respectively, by 2031; 40% of new development to be
accommodated within the built up area; Pickering and Oshawa as
Urban Growth Centres with a planned density of 200 people and
jobs/hectare by 2031; and a planned density of 50 people and
jobS/hectare on Greenfield lands.
The following is a synopsis of the key observations from the
background review, interviews with region staff, and consultation
with local municipal partners and key stakeholders:
. There are 6 key drivers of growth in the Region that will be
considered in this study: University of Ontario Institute for
Technology (UOIT/Durham College); the planned Seaton
Community; Highway 407; proposed Pickering Airport;
Innovation and new technologies; a.nd the countryside;
. Each local municipality has defined a distinct future and
URBAN STRATEGIES INC. 1
852
approach to accommodating growth;
. There are market constraints to meeting the Growth Plan
targets;
. Servici~is adequate to support growth in major urban areas
but is a constraint to growth in northern settlement areas;
. Accommodating intensification in a predominantly low density
community will be a challenge;
. Strategic approaches will be needed to achieve Regional
employment objectives;
. Transit will playa critical role in managing growth within the
Region;
. "Regional Centres, Corridors and growth nodes will playa vital
role in accommodating intensification; and
. Durham's waterfront resource may not be fully capitalized.
A FRAMEWORK FOR CREATING
GROWTH SCENARIOS
On the basis of this understanding of the regional context, a series
of seven growth scenario principles have been drafted in addition
to a set of parameters and evaluation criteria. While development
and testing of alternative growth scenarios should be guided by
the following principles.
. Foster livable urban environments
. Foster economic potential and increased job opportunities
. Enhance mobility within the Region
. Ensure an efficient and sustainable infrastructure and servicing
network
. Use land wisely and efficiently
· Live in Harmony with the Environment
. Protect and enhance the Region's Waterfronts
INITIAL GROWTH ASSESSMENT
TheJnitial Growth Assessment analysis includes the creation of a
base-case forecast growth model that provides the data required
for three main streams of analysis: intensification, Greenfield and
employment The initial findings of each stream are then evaluated
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with respect to meeting the Provincial Growth Plan density and
intensification targets and to determine a preliminary urban land
needs assessment for the Region.
GROWTH FORECASTS
The residential growth forecast is based on recent and ~nticipated
market conditions as well the population forecast derived from
Schedule 3 of the Provincial Growth Plan. This forecast is referred
to as the "Base Case Growth Scenario" throughout this report.
Most significantly, the total 2031 Base Case population forecast
has been downwardly adjusted by 90,600 in comparison to the
2006 OPR forecast given current and planned market uptake. Key
observations from the residential growth forecast include:
. Over the 2006-2031 forecast period, the Region's housing
stock is anticipated to increase by 151,199, which represents a
25-year average of over 6,000 units per year;
,
. Comparatively, historical housing completions averaged
approximately 4,300 units per year from 1997 to 2006;
. By 2031, the total number of households across the Region is
forecast to increase to 345,800;
. The mix of new housing units is forecast to become gradually
more weighted toward medium- and high-density housing
forms. From 2006 to 2031, new housing units are anticipated
to average approximately 59% low-density, 30% medium-density
and 11% high-density;
. The long-term shift towards a greater mix of medium- and
high-density housing forms is anticipated to be driven by a
combination of housing price/affordability and demographics
(Le. population age structure);
. With respect to growth rates, annual population and housing
growth levels are anticipated to peak by 2021. largely due to the
aging of the population base and lower forecast Provincial-wide
economic output and employment growth (I.e. gross domestic
product) during the latter portion of the forecast period;
. Persons per unit (PPU) levels for housing units in Durham are
forecast to steadily decline from 3.02 in 2006 to 2.88 by 2016,
and 2.78 by 2031;
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DURHAM GROWTH PLAN IMPLEMENTATION STUDY - DRAFT PHASE 1 & 2 REPORT
853
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Despite the recent downward adjustment to the Durham Region
long-term population forecast, the future growth outlook for
this area is very positive. Over the next 25 years, Durham is
anticipated to average approx. 5,600 units per year, which is well
above historical averages.
INTENSIFICATION ANALYSIS
The purpose of this analysis has been to assess whether there
is sufficient intensification opportunity within the Region's
current built-up area to accommodate the number of forecasted
residential units to the year 2031. The int~nsification analysis has
been structured in order to explore and seek to answer three key
questions:
1. How many units have to be accommodated within the
built-up area to achieve the 40% Intensification target?
Seeking to achieve the policy target of 40% of the total forecast
growth within the built up area. would result in the following levels
of housing units being provided:
. To 2015, at 20% intensification levels, a housing demand of up
to 10,472 units within the built-up area
. Between 2015 and 2031, at 40% intensification levels, a
housing demand of up to 39,500 units within the built up area
. In total, requiring a total of 50,000 new units within the built up
area by 2031.
2. How many Intensification units the market base case
scenario forecasts would anticipate being developed within the
built-up area to 2031?
The housing demand analysis results indicate that 49,900 units
are forecasted to be built within the built up area over the 2006 to
2031 period, which is 33% of the Regional total. Over the period
between 2015 and 2031, 36% of all residential growth will occur
within the built-up area with 35.257 units forecasted.
3: Is there a sufficient supply of lands appropriate for
Intensification to accommodate the 40% target?
When considering the appropriate locations for growth within the
existing communities of Durham, it is important to understand
that there are areas, such as stable residential neighbourhoods.
that are not appropriate for change and focus on the areas that
may appropriately accommodate new or additional development
such as the Regional Centre, Corridors and other areas where
growth may be directed. Based on this analysis. the number of
units that could be accommodated within the Regional Centres.
Corridors, and other potential growth areas, such as transit
stations, is approximately 25,600 units.
GREENFIELD ANALYSIS
The intent of the Greenfield analysis has been to assess the
designated Greenfield land needs over a 20 year planning period.
Greenfield housing supply
A total of 8.173 units are currently in the development process
on designated Greenfield land. Of these active applications in the
Greenfield area, 70% are low density. 21% are medium density
and 9% are high density housing. With respect to potential
housing units on vacant Greenfield lands. 20. 710 are low-density,
11,789 are medium-density and 13,807 are high-density. When
\ considering all vacant residential tand supply and units in the
development process (adjusted for residential land vacancy). the
total housing supply on Greenfield land is 80,089 units. of which
approximately 44% are low-density housing form.
Greenfield housing demand
Within the total Base Case Scenario housing demand forecast
of 151,199 units, 33% are allocated to the built up area, while
the remaining 67% have been allocated to Greenfield Lands. In
accordance with recent and anticipated housing trends, market
demand in the Greenfield area will be dominated by low-density
housing, at approximately 75% of total Greenfield housing. The
remaining 25% of housing demand in the Greenfield area will
be comprised of medium-density (24%) and high-density (1%)
households.
URBAN STRATEGIES INC. 3
854
Greenfield residential land needs (supply vs. demand)
Under the density and unit mix"assumptions, Greenfield housing
demand exceeds developable low-density housing supply by
27,059 units. On the other hand, there is an identified surplus of
potential medium and high-density supply within the forecasted
period under the Base Case Scenario. ON this basis a residential
land deficit of 1,041 net ha and 2,081 gross ha has been
calculated for low-density housing. The results of this analysis
indicate that current low-density housing supply does not satisfy
demand and therefore additional residential land will be required.
Accordingly, the Greenfield analysis identifies that at the Region-
, .
wide level there is a considerable mismatch between housing
supply and demand.
EMPLOYMENT ANALYSIS
The employment analysis provides an aSsessment of Durham's
long-term land needs for employment lands. Key observations
include:
o the total forecast employment growth is anticipated to average
approximately 5,700 employees per year, which is moderately
above historical averages from 1991 to 2001;
o Based on current employment estimates, and the deferred
timing of development commencement of the Seaton Lands
in Pickering (2011/2012), it does not appear that Durham will
reach the 2011 Growth Plan employment forecast;
o The post 2011 rate of employment growth in Durham is forecast
to increase considerably, largely due to the realization of key
elements of the Regional structure identified in the ROP (i.e.
Highway 407, Pickering Airport, UOIT: etc.); and
o The significant decline in post 2021 employment growth, as per
the Growth Plan forecast, does not appear reasonable given the
considerable ramp up of employment demand from 2011 to
2021.
Employment Demand
Over the 2009 - 2029 time period a total of 74,300 new
4
jobs are anticipated to be developed on employment lands,
which represents 60% of total job growth (excluding primary
employment) across Durham Region. The remaining 40% of new
jobs across Durham Region will be located in the Living Areas
Designation.
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To accommodate the projected job growth on employment lands,
a total of 2,860 gross ha of employment lands will be required,
based ona calculated gross density of 26 employees/ha. Over
the 20 year forecast period, approximately 32% for forecast
demand for employment lands will be located within the built up
area, based on currently identified developable land supply.
Employment Land Supply
The following key attributes have been identified with respect to
Durham's employment,land supply:
o As of year-end 2006Durham Region has an identified
developable employment lands inventory of 2,217 net ha. Of
this total, approximately 67% is located within the West and
Central anchor;
o Approx. 36% percent of Durham's developable employment
lands inventory is located within the built boundary;
o Over 50% of the Region's potentially developable employment
lands are located along the proposed Highway 407; and
o Based on discussions with local realtors/developers, recent
construction of larger developments in Durham has been
hindered by the lack of larger (20 + hectares) sites, as opposed
to poor demand.
o In accordance with the above supply and demand analysis
on employment lands, the following land needs have been
identified on a Region-wide basis. A small deficit of 47 gross
ha has been identified by 2029. For the purposes of long-
range land use planning, 47 gross ha should be considered the
minimum amount of additional employment land required.
Based on the land needs of current and prospective industries on
employment lands, it would not be unreasonable to suggest that
the amount of additional employment land required to meet the
20 year forecast for Durham Region will be considerably higher
DURHAM GROWTH PLAN IMPLEMENTATION STUDY - DRAFT PHASE 1 & 2 REPORT
855
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than calculated above. For example, a slight reduction in gross
density levels from 26 (Base Scenario) to 23 employees per gross
hectares would increase the Region's 20-year land need from 47
to 418 gross ha.
Under the assumptions applied in this analysis, the current supply
of developable regional employment land supply will not be
sufficient to meet Regional needs over the next 20 years. Over this
period, a range of 47 to 418 gross ha of additional employment
lands has been identified. Without an adequate supply of
designated employment lands, it will beco[l1e increasingly difficult
for the Region of Durham to achieve the long-term employment
activity rate forecast, as per the Growth Plan, which notably is well
below the Region's long-term economic development objective of
50%.
MEETING THE GROWTH PLAN
DENSITY TARGETS
Intensification target of 40% development within the
built up area
The Growth Plan policies direct 40% of new development to areas
within the built-up area, where there is infrastructure in place to
accommodate the expected population and employment growth.
Within these areas, more compact or intensified development
is encouraged to occur predominantly in urban growth centres,
regional centres, major corridors, and transit station areas. The
intensification analysis results indicate that a rate of 30-35%
intensification can be met utilizing the Base Case Scenario.
Greenfield density target of SO people and Jobs/hectare
Based on thE; Base Case Growth Scenario demand forecast, the
total gross population and job density on designated Greenfield
lands could be 48 people and jobs/hectare which is slightly
lower than the Growth Plan density target of 50 people and jobs/
hectare. The potential for future lower densities on employment
lands would have a significant impact the combined density target.
PRELIMINARY LAND
NEEDS ASSESSMENT
In each stream it is clear that given the market trends and
forecasts, each of the policy targets will be a challenge to achieve.
An overview of the analysis suggests the following:
. Within the built up area, the supply of intensification lands does
not meet the housing need that would be required to meet the
40% target. The results of the intensification analysis indicate a
deficit of 12,500 units within the built-up area.
. In Greenfield lands, the analysis indicates that there is a deficit
of 3,219 units and 2,081 gross hectares. The deficit is mainly
for low density residential units yet there is a surplus in medium
and high density land supply.
. The employment lands analysis identifies a shortfall for
employment lands by 47-418 gross hectares but in this case the
quality and character of the supply must be considered. Clearly
the deficit in employment lands, needs to be augmented with
a strategic understanding of the viability of lands and future
potential matched with infrastructure investments such as the
407 and key drivers such as UOIT.
At this stage of the study, the conclusions of each individual
stream cannot be summed toward a total land need. The
assumptions and interrelated implications of this work needs to
be balanced toward a comprehensive strategy to managing growth
in people and jobs over the course of the next 25 and 50 years.
URBAN STRATEGIES INC. 5
856
PRELIMINARY DIRECTIONS
Based on the Phase I and 2 analysis of the Growth Plan
Implementation Study, several key preliminary directions are
proposed. These are based on a synopsis of the many levels of
analysis and exploration undertaken to date but will also be an
important departure point for the next phase of work, growth
scenario preparation and analysis.
These preliminary directions are as follows:
. ,Positive levels of growth need to be directed.to all of Durham's
communities, including Durham's northern communities, in
order to ensure their economic viability;
. The Region's overall residential land needs to 2031 are beyond
the supply of land within the current urban boundary;
. Meeting the Employment Forecasts and Participation Rates will
require strategic investment and additional employment lands;
. Meeting the Growth Plan density targets will require a more
urban development pattern than has historically existed in the
Region; and
. Growth also needs to be accommodated through the creation of
new growth nodes matched with supporting infrastructure.
In conclusion, the Initial Growth Analysis has created a strong
understanding of the existing regional context with regard to
growth and urban form, provided for the creation of a market
driven base case scenario for accommodating growth and
allowed the team to test the implications for Durham in terms
of conforming to the Growth Plan. policy targets and provisions.
Clearly, the first phases work offers only preliminary directions on
how growth should be accommodated but it has provided a critical
foundation from which to depart to the next phases of work.
6
NEXT STEPS
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This Draft Report is being considered by Regional Planning
Committee in January 2008. The first public meeting for the
Growth Plan Implementation Study will be held late January. The
input from these meetings and other outreach will be incorporated
into the Final Phase I and II report and will inform the next phase
of work.
The next phase of the Study is the Alternative Growth Scenario
Analysis, The alternative scenarios will be developed on the basis
of the principles and parameters drafted in Section 4. These
scenarios will then be built and tested to explore the implications
for Durham in terms of the regional structure, built form,
infrastructure and the related implications in conforming with the
Growth Plan targets. .\
DURHAM GROWTH PLAN IMPLEMENTATION STUDY - DRAFT PHASE 1 & 2 REPORT
857
Cl~mgron
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, February 4, 2008
Report #: PSD-016-08
File #: C-C-2007-0001
By-law #:
Subject:
DRAFT PLAN OF CONDOMINIUM APPLICATION
APPLICANT: 1709599 ONTARIO INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-016-08 be received;
2. THAT the Draft Plan of Condominium application, submitted by 1709599 Ontario Inc. be
APPROVED and that the Director of Planning Services be authorized to issue Draft
Approval, subject to the conditions as contained in Attachment 4 and the applicant
entering into a site plan agreement;
3. THAT a copy of Report PSD-016-08 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: ~kReViewed bQA~ ~
~aVid J. Crome, M.C.I.P., R.P.P. ranklin Wu,
Director of Planning Services Chief Administrative Officer
SAlCP IDJ CIs h/df
29 January 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
858
REPORT NO.: PSD-016-08
PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicant: 1709599 Ontario Inc.
1.2 Agent: JLC Group
1.3 Proposal: Draft Plan of Condominium Application to permit
condominium tenure of eighteen (18) existing rental
townhouse dwelling units.
1.4 Site Area: 0.67 ha
1.5 Location: The subject lands are located at 1-37 Kingscourt Road in
Bowmanville (Attachment 1). The property is contained
within Part Lot 10, Concession 2, in the former Town of
Bowmanville.
2.0 BACKGROUND
2.1 On February 7, 2007, the Owner submitted an application for condominium
approval to the Municipality of Clarington to permit condominium tenure in
eighteen (18) existing rental townhouse dwelling units.
2.2 In 1994, the property owner at that time filed an application for condominium
conversion under Section 4(1) (b) of the Rental Housing Protection Act. The
application was approved by Clarington Council on September 11, 1995, subject
to a number of conditions. These conditions are included in their entirety in
Attachment 3 to this report. No further action was taken by the Owner to submit
an application for the Draft Plan of Condominium until February of 2007.
2.3 The applicant submitted a site plan application in June 2007, as per Condition 1
of the Conditions of Final Approval for Condominium Conversion (Attachment 3).
As this townhouse development was constructed in 1967, prior to site plan
control being implemented in Clarington (1979), there is no approved site plan for
this property at this time.
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject property currently contains eighteen townhouse units, associated
parking spaces and there are a number of mature trees on site. The site has
frontage and access from Church Street. The Orthophoto following shows the
subject property, existing development, and surrounding uses.
859
REPORT NO.: PSD-016-08
PAGE 3
OrthoPhoto 2005
3.2 The surrounding uses are as follows:
North - Bowmanville Public High School
South - Low Density Residential
West - Vincent Massey Public Elementary School
East - Draft approved plan of subdivision S-C-2005-001
4.0 PROVINCIAL POLICY
4.1 Provincial Policv Statement
The Provincial Policy Statement (PPS) states that Planning authorities shall
provide a range of housing types and densities. Also housing which is affordable
to low and moderate income households shall be available. This conversion of
rental townhouse units to condominium townhouse units will provide an
opportunity for homeownership for persons seeking smaller, higher density
dwelling units, rather than the standard single detached dwelling. The application
would conform.
860
REPORT NO.: PSD-016-08
PAGE 4
4.2 Growth Plan
The Growth Plan states municipalities will develop, through their official plans
and other supporting documents, a plan for a range and mix of housing,
considering affordable housing needs. These units will provide the opportunity
for ownership of townhouse-style dwelling units that are affordable given their
location, age of structure and floor area. The application would conform.
5.0 OFFICIAL PLANS
5.1 Durham Reaional Official Plan
The Durham Regional Official Plan designates the subject property "Living Area".
The goal of the Living Area designation is to provide a full range of housing.
5.2 Clarinaton Official Plan
The subject property is within the Bowmanville East Town Centre Secondary
Plan of the Clarington Official Plan and is designated "High Density Residential".
Typically new high density development in this designation is permitted within a
range of 40-100 units per net hectare. However, this development was
constructed in 1967 and predates the Town of Newcastle Official Plan (1974) and
the current Clarington Official Plan. This site, with a density of 27 units per
hectare, has legal non-conforming status.
6.0 ZONING BY-LAW CONFORMITY
.
6.1 Zoning By-law 84-63 zones the subject lands "Urban Residential Type Three
(R3)". The R3 zone permits a mix of residential building types including link
townhouse dwellings. This application would conform to the zoning provisions.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 A Phase 1 Environmental Site Assessment was submitted with the application
and was completed in 1998 by Frontier Engineering Inc. The site assessment
entailed a detailed inspection of the site and the existing buildings seeking the
presence of materials or conditions which may have an adverse impact on the
environment. No evidence was found to indicate the presence of any
contamination from materials or conditions. The study concluded that no further
investigation was warranted.
861
REPORT NO.: PSD-016-08
PAGE 5
Although the study is dated 1998, the buildings were constructed in 1967and the
use of eighteen townhouse units has remained unchanged since that date.
There is no evidence from air photo analysis that there has been any change to
the site since that date. The study is adequate for this application.
8.0 PUBLIC NOTICE AND SUBMISSIONS
8.1 This application was received after January 1, 2007, and all Bill 51 procedures
are applicable and have been followed.
8.2 A public meeting was held Friday, June 8, 2007. No one spoke in opposition to,
or in support of, this application at the public meeting.
8.3 No inquiries have been received regarding this application. The Owner
conducted several meetings for the tenants of the units to keep them informed of
the condominium process.
9.0 AGENCY COMMENTS
9.1 Durham Region Planning Department provided no objection but included in their
comments conditions for the Condominium Conditions of Draft Approval.
9.2 No objections were received in comments from Veridian, Enbridge, Rogers, Bell
and Kawartha Pine Ridge District School Board.
9.3 Central Lake Ontario Conservation has no objection to the approval of
condominium tenure for this property, nor do they have any conditions of
approval.
9.4 Clarington Engineering requires a road widening to be taken along Church
Street. With the draft approval of Plan of Subdivision S-C-2005-001, the road
allowance of the extension of Church Street has been shifted north in an effort to
preserve a significant Copper Beech tree. The shift northward necessitates a
small road widening to be taken from the 1-37 Kingscourt property to
accommodate the curvature in the Church Street extension. This road widening
will be acquired through the site plan process.
1 0.0 STAFF COMMENTS
10.1 To change the tenure from rental to individual ownership the Municipality of
Clarington has a two step process in conformity with the Planning Act. The
862
REPORT NO.: PSD-016-08
PAGE 6
applicant must submit an application for Condominium Conversion, then an
application for Plan of Condominium. In 1994 the Owners at that time submitted
an application for Condominium conversion which was approved by Council,
subject to a number of conditions.
10.2 The Conditions of Condominium Conversion are summarized as follows:
1) Enter in a site plan agreement with the Municipality for the subject
property.
2) Prepare a report detailing the current conditions of the units and the
property. This report must be prepared by an architect or a professional
engineer to the satisfaction of the Planning Services Department.
3) Enter into a Condominium Conversion Agreement under Section 12 of the
Rental Housing Protection Act.
Due to the replacement of the Rental Housing Protection Act and the Landlord
Tenant Act, some of the conditions are now redundant. Protection for the current
tenants has been built into the Residential Tenancies Act, 2006 now in effect,
and they no longer need to be conditions of conversion approval. For example, a
tenant who was tenant on the day the rental unit was converted to condominium
now has a right of first refusal to purchase the unit at the price and subject to the
terms and conditions in the offer. However, Conditions 1 and 2 are still valid and
the Owner was required to complete them.
10.3 The Owner will be entering into a site plan agreement with the Municipality of
Clarington. This agreement details the location of buildings and landscaping
features. The site plan agreement also covers financial matters, including
performance guarantees for landscaping and engineering works. The appropriate
Letters of Credit were obtained from the Owner for these performance
guarantees.
10.4 A report was submitted to the Planning Services Department entitled "Technical
Audit" by J J Molnar, Realty Advisors Inc. This company employs a Professional
Engineer who is certified to conduct Technical and Performance Audits as
stipulated in Section 44 of Condominium Act, S.O. 1998. This report was
reviewed by the Clarington Building Division and found to be satisfactory.
10.5 At this time the Owner has met all the Conditions of Condominium Conversion
and thus Staff has no objections to the approval of the application for Plan of
Condominium.
10.6 Clarington Finance advises that for the subject lands all taxes have been paid
satisfactorily.
863
REPORT NO.: PSD-016-08
PAGE 7
11.0 CONCLUSION
11.1 Based on comments contained in this report it is respectfully recommended that
the Draft Plan of Condominium be APPROVED, subject to the attached
conditions of draft approval contained in Attachment 4. Draft approval for the
plan of condominium will be issued after the applicant has entered into a site plan
agreement.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Condominium Plan
Attachment 3 - Conditions of Condominium Conversion (1995)
Attachment 4 - Conditions of Draft Approval
Interested parties to be notified of Council and Committee's decision:
1709599 Ontario Inc.
JLC Group
864
Anacnmem "I
To Report PSD-016-08
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Attachment 3
To Report PSD-016-0a
CONDITIONS OF FINAL APPROVAL FOR
CONDOMINIUM CONVERSION APPLICATION CDlI 001-94/C
1. The owner. shall submit an application for a plan of condomJ.nJ.UIn
to the Region and an application for site plan approval to the
Municipality. The owner agrees to enter into a site plan
agreement with the Municipality to provide the .following: .
a) improvements" to /" the" property including landscaping,
f~ncing, garbage enclosure facilities, etc;
b) the oWner shall retain an. architect or . professional
engineer to.provide a cost estimate of required'works and
improvements for review and approval by the Planning and
Development Department;
c) appropriate securities for the said improvements shall be
posted by the owner; and,
d) the owner must pay all outstanding municipal taxes, if any,
including all local improvement charges at the time of
execution of the required agreements with the Municipality.
2 . The owner shall have a report prepared by an architect or a
. professional engineer to the. satisfaction of the Planning and
Development Department which certifies that all units on the
property comply with the property standards by-law based on an
inspection of t.he interior and exterior of the property
including plumbing, heating, electrical, fire' safety and
structural conditions. The report shall include a cost estimate'
of required works and improvements to the building for review
and approval by the Municipality. A copy of this report shall
be available to all potential purchasers'.
3.. The applicant shall enter into a condominium conversion
agreement urider Section 12 of the Rental Housing Protection Act
with the Corporation of the Municipality of Clarington. :Prior
to entering into any' agreements of purchase and sale for anybf
the proposed condominium units and prior to the registration of
the condominium declaration and description, the owner shall:
a) carry out the works' as required under Condition 2.
b) provide all existing tenants residing at 1-37 Kinqscourt
Road with guaranteed tenancy agreements at present rental
rates with similar conditions as currently enjoyed, subject
to increases from time to tille governed by the Residential
Rent Regulation Act, for the following periods of time:
867
Attachment 4
To Report PSD-016-08
CONDITIONS OF DRAFT APPROVAL
1. The Owner shall have the final plan prepared on the basis of approved draft plan
of condominium C-C-2007-0001 prepared by MacKinnon Associates, project
number 2654, dated January 2007, which illustrates 18 townhouse units, parking
and private roadways.
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 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 and driveway entrance
maintenance.
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 was 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. He 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.
868
CJ.!J!il1gtDn
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday February 4, 2008
Resolution #:
Report #: EGD-008-08
File #:
By-law #:
Subject:
APPOINTMENT OF INSPECTOR
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
. 1. THAT Report EGD-008-08 be received;
2. THAT Jeremy Zegers be appointment as Inspector for the Municipality of
Clarington effective Monday February 4, 2008 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,
~O
Submitted by: A.S. Cannella
Director of Engineering Services
u~~
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/jo
January 28, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F905-623-9282
901
Report #EGD-008-08
Page 2
1.0 REVIEW AND COMMENT
1.1 Jeremy Zegers is currently employed as a Plans Examiner/Inspector with the
Engineering Services Department in the Municipality of Clarington. Jeremy is a
graduate of the 3 year Architectural Technology program at Sheridan College.
His work experience includes working in construction, building custom homes
and operating his business designing custom homes.
Jeremy has also completed the following Ministry Affairs and Housing building
code courses:
. House
. Small Buildings
· General Legal
The Building Code requires that the inspector pass the Ministry of Municipal
Affairs & Housing exams before the inspector can be appointed in the building
by-law.
Attachments:
Attachment 1 - Proposed by-law amendment
902
ATTACHMENT NO.:1
~EPORT NO.: EGO.OOa-Qa
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-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-008-08.
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 there to:
Column 1 "Inspector"
Column 2 "Jeremy Zegers"
This By-law shall come into effect on the date of passing hereof.
BY-LAW read a first and second time this XXth day of XXXX, 2008.
BY-LAW read a third time and finally passed this XXth day of XXXX, 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
903
Cl~glOn
REPORT
ENGINEERING SERVICES DEPARTMENT
I
""
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday February 4, 2008
Resolution #:
Report #: EGD-009-08
File #:
By-law #:
Subject:
COURTICE SKATE PARK NAMING
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the request to name the new skate park in Courtice after Rob Piontek be
approved; and
2. THAT interested parties be advised of Council's decision.
Respectfully by,
O~--..~
Submitted by: A.S. Cannella
Director of Engineering Services
Reviewed by: Franklin Wu
Chief Administrative Officer
ASC/PW/jb
January 10, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282
904
Report #EGD-009-08
Page 2
1.0 BACKGROUND
1.1 At the September 10, 2007 Council Meeting the following resolution was
approved:
"That the request from Jason King, Alcatraz Skates to name the
new skateboard park at the Courtice Community Centre after Rob
Piontek be referred to staff for consideration in accordance with the
Naming of Municipal/Facilities Policy."
Rob Piontek was a former skateboard instructor with the Municipality who passed
away in August 2007. The following information was provided by Jason King in
support of his request:
"Certainly I believe that despite his young years, his two years of
service as a Skateboard Park Counselor for Clarington make him
an appropriate candidate for this nomination. In this role, he had a
major impact on skateboarders as a positive role model, teaching
them safe and respectful skateboarding and certainly he continued
this role to members of the skateboard community even after
leaving his job as a counselor."
The construction of the Courtice Skate Park will begin in the spring of 2008 with
an anticipated completion by June 15, 2008.
2.0 ANALYSIS
2.1 The Municipality has a Policy for naming Parks and Open Spaces and a Policy
Regarding Memorial Tributes.
The policy for Naming Parks and Open Sp,aces was approved in 1990. It
recommends establishing park names based on the street that the Park or Open
Space fronts on to.
The policy Regarding Memorial Tributes was approved in 1998. It provides
guidelines for recognizing members of Council, members of the Community at
Large and National Tributes/Recognition of Royalty.
905
Report #EGD-009-oa
Page 3
The section for Members of the Community at Large states:
"Recognition on an ad-hoc basis by Council as requests are
received, by the naming of any park, street or facility, based on the
length and degree of service to the community. "
2.2. By all accounts Rob Piontek was an exemplary citizen of Clarington who helped
influence others through his work as a skateboard instructor for the Municipality.
Just as importantly, Rob Piontek was a significant role model within the
skateboard community, a community which often feels marginalized and outside
of the mainstream. As a member of the adidas national flow team, Rob Piontek
was among an elite group of Canada's best skaters and epitomized everything
that young skateboarders love about the sport. There are multiple paths to
success but many will agree that this young Clarington resident was an
impressive example of innovation and achievement and a leader within the
skateboard community in Clarington and across Canada.
2.3 The skateboard park that is to be constructed in Courtice provides us with a
unique opportunity to honour not just one young man's life, but the lives of all of
those young people who lobbied local politicians for an additional skatepark
facility to be built within Clarington. It has been said that often the ideas,
opinions, involvement and initiative of people considered to be "young", go
unheard. Naming the new Courtice skatepark facility after Rob Piontek allows us
to tap into what really matters to those who wanted this facility to be constructed
and provides us with an opportunity to demonstrate positive recognition of their
community.
906
Report #EGD-009-08
Page 4
3.0 CONCLUSION
The policy Regarding Memorial Tributes provides guidelines for recognizing
members of the Community at Large by naming parks and open spaces in their
honour based on degree of service during their lifetime. Rob Piontek was a
brilliant example of everything the skateboard community stands for and was an
outstanding role model for many young people within Clarington. Naming the
new Courtice skatepark after Rob Piontek may allow Clarington youth to feel
valued because they were meaningfully engaged in more than a token manner in
something that really matters to them.
I am therefore recommending to Council that the new skatepark facility currently
being constructed in Clarington, be named in honour of Rob Piontek.
907
CllJ!mglOn
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: February 4,2008
Report #: CLD-003-08
File #:
By-law #:
Subject:
2006 MUNICIPAL ELECTION - CHARGES AGAINST THE MUNICIPALITY OF
CLARINGTON IN THE ONTARIO COURT OF JUSTICE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-003-08 be received for information.
Submitted by:
."
CJ~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1301
REPORT NO.: CLD-003-08
PAGE 2
1. Backaround
At the Council meeting of January 14, 2008, Council asked me to provide a report on the
amounts that the Municipality has paid in defending the 105 charges that were laid by Mark
Hendrikx against the Municipality. These charges related to the 2006 Municipal Election
and allegations made by Mr. Hendrikx that the Municipality had breached the Municipal
Elections Act, 1996.
2. The Charaes
Mr. Hendrikx laid 105 charges against the Municipality. The majority of these charges stem
from columns which the Municipality ran under the heading "Mayor's Corner" in the local
newspapers leading up to the November 13 Voting Day. Mr. Hendrikx claimed that these
articles were published in violation of section 70(4)(3) of the Municipal Elections Act (the
Act), which prohibits a Municipality from making any donations to a candidate's campaign,
section 66(1) of the Act which defines contributions and section 67(2)(2) which defines
expenses.
In addition to the publication of these columns, Mr. Hendrikx claimed that the Municipality
breached section 70(4)(3) of the Act in the following ways:
. by permitting the candidate to publish and distribute the town e-mail address
Mavor~c1arinaton.net on his election material
. by permitting the candidate to distribute election related solicitations for campaign
money using municipal equipment and fax
. by supplying paid municipal staff to assist in the re-election campaign of the
incumbent candidate for Mayor
. by failing to enforce municipal and provincial by-laws and allowing the incumbent
candidate for Mayor special status during the election
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1302
REPORT NO.: CLD-003-08
PAGE 3
. by supplying a municipal banner for the incumbent Mayor's campaign office and
providing Clarington pens and other advertising materials for the election campaign
office and campaign
. by supplying significant municipal resources to design, maintain, and host a web site
featuring the candidate
. by supplying municipally-paid TV commercials showcasing the Mayor and/or
praising Clarington Council
. by arranging, assisting, funding, promoting and/or creating the "First Annual Mayor's
Golf Classic"
. by arranging, assisting, funding, promoting and/or creating the Mayor's Address
. by supplying the incumbent candidate a municipal credit card that was used during
the candidate's election campaign for election related entertainment
Section 74(1) of the Act states that a contributor shall not make a contribution of money
that does not belong to the contributor. Mr. Hendrikx claimed that the Municipality
breached this section of the Act by providing municipal money towards improper credit card
expenses and the provision of municipal assets, time, expertise and the failure to adhere to
these rules encompassed a variety of departments, staff and councillors. As well,
Mr. Hendrikx believed that the Municipality breached section 71 (1) of the Act, which
prohibits the contribution of more than $750 to a single candidate as well as section 76(2~
which prohibits an election expense being incurred outside of a candidate's election
campaign period.
These charges were scheduled for first hearing on October 25, 2007. At that time, the
matter was put over to December 21,2007. At the hearing on that date, the Crown
Attorney withdrew all charges stating that, in her opinion, there was no reasonable prospect
of success in convicting the Municipality in any of them.
1303
REPORT NO.: CLD-003-08
PAGE 4
3. Defence of Charaes
Significant time was required by both staff and the municipality's solicitors to review and
verify the materials submitted by Mr. Hendrikx and to ascertain the actions taken by staff in
the administration of the municipal election. Work on preparation for the upcoming trial
commenced on September 25,2007.
4. Costs to Defend the Charaes
The final invoices for the solicitors' time in defending this action have now been received.
The total cost to the Municipality to defend the charges equals approximately $53,000.
This amount equates to $50,949.97 in legal fees plus approximately $2,000 in staff time.
5. Conclusion
This report is submitted for information purposes, as requested by Council.
1304
Clfllpn
REPORT
CLERK'S DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: February 4, 2008
Report #: CLD-004-08
File #:
By-law #:
Subject:
2008 Animal Licence Sales Campaign
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-004-08 be received for information.
Submitted by:
Reviewed by: 0 ~-"~
Franklin Wu,
Chief Administrative Officer
PLB* AG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1305
REPORT NO.: CLD-004-oa
PAGE 2
BACKGROUND AND COMMENT
Since 1998 the Municipality of Clarington has contracted with Animal Licensing Services Inc.
for the door-to-door selling of animal licences, with the exception of 2005 wherein municipal
staff sold the licences door-to-door. Licences were sold during the period of March through to
the end of September.
In 2006 Animal Licensing Services Inc. was the successful bidder for the door-to-door sales
contract. Our sales agreement with Animal Licensing Services Inc. was a one-year contract
and offered the Municipality the opportunity to extend the contract for an additional period for
up to two years. In 2007 the Municipality took advantage of the agreement extension clause
and Animal Licensing Services Inc. conducted our door-to-door licensing campaign.
Our 2007, sales campaign was successful. In total, 1593 licenses were sold on behalf of the
Municipality through the door-to-door sales agents. As exceptional customer service is
fundamental to our municipal values, prior to Animal Licensing Services Inc. initiating their
sales in 2007, each of their sales agents were required to attend a customer service training
workshop. Staff are pleased to report that we received only two complaints from residents
respecting the door-to-door services in 2007. Both of these matters were resolved.
2008 Door-to-Door Sales
Based on the successes realized in 2007, we have exercised our option to extend the contract
for 2008. Again, each Animal Licensing Services Inc. sales agent will attend a 2008 customer
service workshop to reinforce Clarington's commitment to excellent customer service.
Every sales agent will be required to wear and prominently display municipally issued photo
identification. Additionally, the names and photos of the sales agents have been posted on our
Website.
Notices shall appear in the local newspapers advising our residents of the sales campaign.
Sales begin as of March 1, 2008.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1306
REPORT NO.: CLD-004.QS
PAGE 3
200S Sales Outlets
In addition to the door-to-door sales, animal licences are sold at the following locations:
Bowmanville Veterinary Clinic
2826 King Street East, Bowmanville
Clarington Animal Shelter
33 Lake Road, Bowmanville
Driver & Vehicle License Bureau
157 King Street, Bowmanville
East Oshawa Animal Hospital
1 Townline Road North, Courtice
Municipal Administrative Centre
(Town Hall)
40 Temperance Street, Bowmanville
Orono Veterinary Clinic
30 Cobbledick Street, Orono
Clarington Animal Hospital
2727 Courtice Road, Courtice
Courtice Pet Clinic
1500 Highway 2, Courtice
Durham Veterinary Clinic
110 King Street East, Bowmanville
Michelle's Grooming
20 King Avenue East, Newcastle
Newcastle Veterinary Clinic
108 King Avenue West, Newcastle
INTERESTED PARTIES:
Animal Licensing Services Inc.
Animal Advisory Committee
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1307
CI!J!mgron
REPORT
CLERK'S DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: February 4, 2008
Report #: CLD-005-08
File #:
By-law #:
Subject:
VOLUNTEER RECOGNITION EVENT 2008
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-005-08 be received;
2. THAT the Volunteer Recognition Event for 2008 be held on Wednesday, April 30, 2008;
and
3. THAT the Municipality of Clarington host a Volunteer Recognition Event every four
years, to coincide with the Term of Council, and that the Event be held in the second
year of the Term, during National Volunteer Week.
Submitted by:
Reviewed by: 0 ~_~
Franklin Wu,
Chief Administrative Officer
PLB* AG
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1308
REPORT NO.: CLD-005-08
PAGE 2
BACKGROUND AND COMMENT
In 1992, Council deemed it desirable to acknowledge and celebrate the many volunteers who
contribute to the quality of life in the (then) Town of Newcastle. The first Volunteer Recognition
Event was held on April 23,1993 at the Garnet B. Rickard Recreation Complex and was very
well received by our volunteer community. More than 90 volunteers received awards for their
contributions and service to our community, and approximately 200 individuals attended the
event.
In 1998, Council resolved that the Volunteer Recognition Event would be held every three
years, in the second year of Council's term, during National Volunteer Week. Our most recent
Volunteer Recognition Event was held in April 2005 and for this event 96 organizations were
contacted and we recognized 97 volunteers as follows:
. . $@rVi<:Q~ecQculitiC)n ... Nu In bQrofRecipiel1f11 ..
.
5 years service but less than 10 34
10 years service but less than 15 29
15 years service but less than 20 14
20 years service but less than 50 15
more than 50 years services 5
In 2007 Council adopted the five-year Corporate Business Plan wherein Council identified
Citizen Engagement as a key business focus and further established supporting and
expanding volunteerism as a priority objective.
Frequency of Event
In 1998, Council resolved to host the Volunteer Recognition Event every three years to be held
in the second year of the Council Term. Given that the Term of Council is now four years, staff
recommend that a Volunteer Recognition Event be hosted once every four years, in the
second year of the Council Term, during National Volunteer Week.
2008 Event
This year, National Volunteer Week runs from April 27 through to May 3, and it is therefore
recommended that the 2008 Volunteer Recognition Event be held on Wednesday, April 30,
2008. The Clarington Beech Centre has been tentatively booked for this date.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1309
REPORT NO.: CLD-005-08
PAGE 3
Based on the eligibility criteria established by Council, invitations will be mailed to more than
approximately 90 Clarington community groups inviting nominations for awards. Nominations
shall be received by the Municipal Clerk's Department and the deadline for submitting
nominations is 4:30 pm on Friday, April 4, 2008.
Given that the selection criteria are very straightforward, staff shall receive and evaluate the
nominations and compile the list of eligible award recipients. However, to continue with the
special significance of this event in acknowledging the contributions of the recipients, it is
recommended that all Members of Council participate in the awards presentations.
Event Costs
Fifty-five hundred dollars was approved in the 2008 Current Operating Budget to fund the
costs for awards and hosting the event.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1310
Cl!J!mgron
REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, February 4, 2008
Report #: CLD-006-08
File #:
By-law #:
Subject: APPOINTMENT OF A PARKING ENFORCEMENT OFFICER
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-006-08 be received;
2. THAT the by-law attached to Report CLD-006-08 be forwarded to Council for approval;
3. THAT By-law 2002-163 be repealed; and
4. THAT Alison Albrecht be advised of Council's actions.
Submitted by:
O~~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*LC*kb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
1311
REPORT NO.:CLD-006-08
Page 2 of 2
BACKGROUND AND COMMENT
The Municipal Law Enforcement Division has hired a new Parking Enforcement Officer to
replace Craig Macklem who left the Municipality this past month. The new officer is Alison
Albrecht, a recent graduate of Durham College Police Foundations Program. Alison worked
with the Municipality as a summer student and a co-op student during the summer and fall of
2007.
Ms. Albrecht will commence her duties with the Municipality on February 4th with an in-service
training course organized by the Manager of Municipal Law Enforcement to familiarize her with
municipal procedures and the by-laws that she will be responsible for. In order for her to be
able to perform her duties, it is necessary for an appointment by-law to be passed by Council.
By-law 2002-163 which appointed Craig Macklem as a Parking Enforcement Officer must now
be repealed.
A TT ACHEMENT: 1 By-law to Appoint Alison Albrecht as a Parking Enforcement
Officer
INTERESTED PARTIES:
Alison Albrecht
1312
Attachment No. 1 to
Report CLD-006-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW _08
Being a By-law to appoint an individual as Parking Enforcement Officer and
to repeal By-law 2002-163
WHEREAS Section 15(1) of the Police Services Act R.S.O. 1990 Chapter P15,
authorizes a Council of any Municipality to appoint one or more persons who
shall be peace officers for the purpose of enforcing the by-laws of the
Municipality;
AND WHEREAS it is desirable to appoint Alison Albrecht as a Parking
Enforcement Officer for Municipality of Clarington.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. Alison Albrecht is hereby appointed as a Parking Enforcement Officer for
the Municipality of Clarington.
2. This By-law shall come into full force and effective immediately on the day
of final passing by Council.
3. This appointment as a Parking Enforcement Officer shall remain in effect
for the duration of the term of employment in the position of Parking
Enforcement Officer with the Municipality of Clarington.
4. By-law 2002-163 is hereby repealed.
By-law read a first and second time this 11th day of February 2008.
By-law read a third time and finally passed this 11th day of February 2008.
MAYOR
MUNICIPAL CLERK
1313
q~gI1Jn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
February 4th, 2008
Report #:
COD-004-08
File #_
By-law #
Subject:
Tender CL2007-51, Grass Cutting and Trimming
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend to
Council the following:
1. THAT Report COD-004-08 be received;
2. THAT Tom's Landscaping Maintenance and Design, Oshawa, Ontario, with a total bid amount of
$93,209.02 (plus GST), being the lowest responsible bidder meeting all terms, conditions and
specifications of Tender CL2007-51, be awarded a three (3) year contract for grass cutting and
trimming for Section 1 as required by the Operations Department;
3. THAT GWS Landscaping, Bowmanville, Ontario with a total bid amount of $137,127.71 (plus
GST), being the lowest responsible bidder meeting all terms, conditions and specifications of
Tender CL2007-51, be awarded a three (3) year contract for grass cutting and trimming for
Sections 2, 3 and 4 as required by the Operations Department;
4. THAT the award of Section 4 be subject to the approval of the Regional Municipality of Durham;
and
5.
THAT the required funds be drawn from the respective year's current budget allocation for grass
cutting.
Submitted by: ~ -
. Marie Marano, H.B.Sc., C.M.c.
Director C rpo Services
Reviewed by: 0 ~--.!~
Franklin Wu,
Chief Administrative Officer
; RFA,
MM\JDB\km
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-41l5f0 1
REPORT NO.: COO-004.QS
PAGE 2
BACKGROUND AND COMMENT
Tenders were publicly advertised and called for a three (3) year Grass Cutting and
Trimming contract, as required by the Operations Department.
Subsequently, tenders were received and tabulated as follows:
BIDDER SECTION 1 SECTION 2 SECTION 3 SECTION 4 DISCOUNT IF
(PLUS GSl) (PLUS GSl) (PLUS GSl) (PLUS GSl) AWARDED
.. ALL 4
- SECTIONS
G.W.S. Landscaping $95,912.47 $98,874.00 * $34,478.51 $3,775.20 No
Bowmanville, Ontario
Tom's Landscaping $93,209.02 * $128,692.83 * $51,027.56 * $12.539.84 * 2%
Maintenance & Design
Oshawa, Ontario
*Bid Extension Error
"Subject to Region of Durham Approval
The tender specifications provided the contractors with the opportunity to offer a pricing
discount if awarded all four (4) sections. After reviewing the bids and considering the
nominal discount offered, staff concluded that there is no benefit to awarding all sections to
one bidder. Therefore, the low bids for each section are recommended as follows:
Section 1 Tom's Landscaping Maintenance & Design
Section 2, 3 & 4 G.W.S. Landscaping
Total Recommended Award
$ 93,209.02
$137.127.71
$230,336.75
For information, an award to one contractor based on the overall low bid for all sections
would result in a total estimated cost of $233,040.18.
For clarification, Section 4 of this contract covers grass cutting and trimming on Regional
property and the applicable costs will be invoiced to the Region of Durham. As such, the
award of Section 4 to G.W.S. Landscaping is subject to Region of Durham approval.
Due to t~e many changes made in the 2007 tender, a cost comparison to 2004 would not
be reflective of any increases or decreases in prices.
1402
REPORT NO.: COD-004-08
PAGE 3
Tom's Landscaping has previously performed satisfactorily for the Municipality of
Clarington through the preceding three (3) year Grass Cutting and Trimming contract.
G.W.S. Landscaping has previously performed satisfactorily during a previous contract
in 2002 to 2004 and a review of the references provided by G.W.S. Landscaping were
also satisfactory.
After further review and analysis of the bids by the Director of Operations and the
Purchasing Manager, it is recommended that the contract for Section 1 be awarded to
Tom's Landscaping Maintenance & Design, Oshawa, Ontario and the contract for
Sections 2,3 and 4 be awarded to G.W.S. Landscaping.
The Director of Finance has reviewed the. funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should
be referred to the Director of Operations.
1403
ClMJugton
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, February 4th, 200B
Report #: COD-OOB-OB
File#_
By-law #
Subject:
CONTRACT AGREEMENT - BELL MOBILITY
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-OOB-OB be received;
2. THAT the Purchasing By-law #2006-27 be waived for this transaction;
3. THAT the Manager of Purchasing be authorized to negotiate with Bell Mobility, for the
provision of Cellular Services and related hardware as required by the Municipality of
Clarington;
4. THAT the attached By-Law authorizing the Mayor and Clerk to execute the necessary
agreement be approved.
Submitted by: ~
. Marie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Reviewed bO
Franklin Wu,
Chief Administrative Officer
MM\JDB\sm
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1404
COD-008-08
Page 2
BACKGROUND AND COMMENT
A Request for Proposal (RFP) RFP2007 -8 was publicly advertised and issued by the Municipality of
Clarington. Upon closing, only one compliant submission was received, This submission was from
Bell Mobility.
The prices and services offered by Bell Mobility are similar and in some cases better than those
currently being provided by the incumbent cellular service provider.
As Bell Mobility was the only potential provider to submit a compliant proposal and as they are
capable of meeting the Mun,icipality of Clarington's requirements it is recommended that Purchasing
By-Law #2006-127 be waived for this transaction to allow Purchasing to negotiate a final contract
with Bell Mobility for cellular services including Blackberry service. Pending satisfactory negotiation
of a contract with Bell Mobility, it is further recommended that the negotiated contract be executed
and put in place. It is anticipated that the contract would be for a term of 3 years with the option of
two extensions each for a one year period. Included would be standard termination/cancellation
provisions should the service not be as expected.
The prices and services offered by Bell Mobility are similar and in some cases better than those
currently being provided by the incumbent cell phone provider. However, there will be a onetime
uplift cost for the hardware replacement which would be approximately $14,000 which would be
charged to the Corporate Communications Account 100-16-130-00000-7132. The annual cost of all
cellular requirements is approximately $103,000.00.
The required funds to cover the monthly service will be drawn from the current budget as per the
current practice.
Attachments:
Attachment 1 - Schedule "A", By-law
1405
Schedule 'A'
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a By-law to authorize a contract between the Corporation
of the Municipality of Clarington and Bell Mobility Inc., Mississauga,
Ontario, to enter into agreement for the Provision of Cellular Services and
Related Hardware.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOllOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Bell Mobility Inc., Mississauga, Ontario, and said Corporation;
and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2008.
By-law read a third time and finally passed this day of
,2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1406
CI!J!..il]gfDn
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, February 4, 2008
Report #: COD-009-08
File #
By-law #
Subject:
TENDER CL2007-52 SUPPLY & DELIVERY OF OILS & LUBRICANTS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-009-0S be received;
2. THAT RP Oil Limited, Whitby, Ontario with a total approximate annual bid in the amount
of $24,195.72 (Plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL2007-52, be awarded the contract to supply
and deliver oils and lubricants commencing March 1, 2008, as required by the
Municipality of Clarington, Operations Department; and
3. THAT the contract be extended for a second year and third year dependant upon
satisfactory service and pricing; and
4. nds be provided from the current operating fleet budget.
Submitted by:
Reviewed by:
~.~.
Franklin Wu,
Chief Administrative Officer
Fre h, RDMR, RRFA,
Director of Operations
MM\JDB\bh
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
1407
REPORT NO.: COD-009-08
PAGE 2
BACKGROUND AND COMMENT
Tenders were publicly advertised and issued for the supply and delivery of oil and lubricants, as
required by the Operations Department. Subsequently, tenders were received and tabulated as
per Schedule "A" attached.
The prices submitted by RP Oil limited are firm for one year and the tender makes provision for
two one year extensions pending satisfactory service and pricing. Due to the volatility of the
petroleum market pricing for years two and three will be subject to adjustment based the market
conditions in effect at the time of renewal. Because of the market conditions it is estimated that
the total value of the three year agreement will exceed $75,000.00 which is in excess of the
Purchasing Manager's authority as set out in the Purchasing By-law. It is recommended that
the contract be extended for a second and third.year pending satisfactory service and pricing.
The required funds will be provided from the Operations Department current operating fleet
budget.
The Director of Finance has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to department needs, specifications, etc., should be
referred to the Director of Operations.
The subject firm has previously provided service for the Municipality of Clarington and the
Operations Department were satisfied with the service.
After further review and analysis of the bids by the Operations Department and Purchasing, it
was mutually agreed that RP Oil limited, Whitby, Ontario, be recommended for the contract to
supply and deliver oil and lubricants to the Municipality of Clarington, as required by the
Operations Department.
Attachments:
Attachment 1 - Schedule "A" Bid Summary
1408
Schedule "A"
Bid Summary
Tender CL2007-52
BIDDER TOTAL BID
(Excluding GST)
Safety Kleen Canada Inc. $18,073.55*
Breslau, ON
RP Oil Limited
Whitby, ON $24,195.72
Noco
Toronto, ON $26,818.55
BOSS Lubricants
Toronto, ON $28,051.17
Edward Fuels
Godevich, ON $30,590.01
Paul Lizotte Fuels Limited
Bowmanville, ON $31,363.39
Total Lubricants Canada Inc.
Pickering, ON $31,794.14
Mister Chemical
Vaughan, ON $32,539.92*
Frew Petroleum
Oshawa, ON $32,764.98
*not all products quoted, re-refined products quoted
1409
ClfJ!illgtDn
REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
FEBRUARY 4, 2008
Resolution #:
Report #: FND-003-08
File #:
By-law #:
Subject:
LIST OF APPLICATIONS FOR CANCELLATION, REDUCTION,
APPORTIONMENTS OR REFUND OF TAXES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT ReportFND-003-08 be received; and
2. THAT the attached list of applications for cancellation, reduction, apportionments
or refund of taxes be approved.
Reviewed bY:fJ' ~~
Franklin Wu
Chief Administrative Officer
NMT/MWF/MAM/hjl
1501
REPORT NO.: FND-003-08
PAGE 2
BACKGROUND
Pursuant to Sections 354, 356, 357 and 358 of the Municipal Act, 2001, C25, a list of
applications for cancellation, reduction, apportionments or refund of taxes is presented
to Committee for its review and approval.
Section 357(3 & 4) indicates that the Council shall hear and dispose of every application
not later than the 30th day of April in the year following the year in respect of which the
application is made. The last day for making application for the previous year's tax
reduction is the 28th day of February in the following year.
More specifically, under Section 354, the Treasurer shall recommend to Council that
outstanding taxes be stricken from the roll. To strike taxes from the roll it must be by
reason of a decision under Section 357 or 358, or of a decision of a judge of any court
or that the taxes are uncollectible.
An application for a cancellation, reduction or refund may be made for one of the
following reasons:
· Ceased to be liable to be taxed at rate it was;
. real property becomes exempt;
. razed by fire, demolition or otherwise;
. damaged by fire, demolition or otherwise (substantially unusable)
. removal of a mobile unit;
· sickness or extreme poverty;
· gross or manifest clerical error; and
· repairs/renovations preventing normal use of period of 3 months.
The 357 and the 358 process begins when an application is prepared by either the
Regional Assessment Office or the Tax Department. The neighbourhood assessor will
perform an on-site inspection of the property. The assessor will verify the reason for the
application, the period of time, for which the tax relief is claimed, and the amount and
type of assessment that is affected. The application is then sent back to the Tax
Department where the actual tax adjustment is calculated and the taxpayer's account
adjusted.
Section 356, deals with severances or divisions into parcels. These parcels of land
were taxed in blocks in the year(s) prior to severance/consolidation. Taxes are being
apportioned to the individual properties which are now severed/consolidated.
Therefore, tax amounts are removed from one roll number and applied to another roll
number as determined by MPAC.
1502
REPORT NO.: FND-003-08
PAGE 3
The total amou nt of taxes to be written off, for September 1 to December 31 , 2007, as
shown in this report total $10,830.30. The total for the 2007 calender year is
$34,308.04. This total represents the Municipality's share only. For comparison the
values of taxes written off under Section 357 and 358 at December 31,2006 was
$55,154.58 for the municipal portion only.
Attachment:
Attachment "A" - Write-Off Report September 1 to December 31,2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1503
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REPORT
FINANCE DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday February 4, 2008
Resolution #:
Report #: FND-004-08
File #:
By-law #:
Subject:
Municipal Infrastructure Investment Initiative
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-004-08 be received;
2. THAT Council direct the Director of FinancefTreasurer to submit an application
for funding under the Municipal Infrastructure Investment Initiative as follows:
OPTION A: Road Rehabilitation on Concession Road 7 from west of Solina
Road to Regional Road # 57 at a project cost of $1 ,217,000 with requested grant
funding totaling $1,217,000;
OR
OPTION B: Clarington Branch Library Construction in Newcastle at a project
cost of $3,450,047 with requested grant funding totaling $2,365,780; and
3. THAT the appropriate By-Law be forwarded to Council (template shown in
Attachment "A") and that the Mayor and Clerk be authorized to execute any
necessary agreements to facilitate the grant application.
Reviewed b0~f ^-:Jk-
Franklin Wu,
Chief Administrative Officer.
NT/hjl
1507
REPORT NO.: FND-004-08
PAGE 2
Background and Comment:
1.0 On December 21, 2007, the Municipality was advised that a new infrastructure
initiative had been launched by the Province of Ontario through Infrastructure
Ontario. The program is entitled the Municipal Infrastructure Investment
Initiative. The total program is for $300 million.
1.1 The program is a one-time program, where Municipalities are able to apply for up
to 100 per cent of their project's costs and do not have to match the funding.
Grants will be awarded on the basis of competitive applications. The projects
must be construction-ready. All types of municipally owned infrastructure is
eligible except for public transit.
1.2 Program guidelines were released on January 11, 2008. All funds will be
advanced to successful municipalities no later than March 31, 2008.
1.3 In order to be eligible, Council must pass a by-law supporting the application and
each municipality may only apply to the program for one project. The application
deadline is February 15, 2008.
1.4 The program is structured to give municipalities the discretion to identify their
own priority project for application within their area of responsibility and may
include water, wastewater, roads, bridges, solid waste, long-term care, social
housing, culture (including libraries), tourism, recreation and community energy.
Vehicles and equipment are not eligible.
1.5 "Construction ready" projects are those where the municipality has completed or
will soon complete, all required studies and approval processes to allow the
project to proceed to tendering and construction.
1.6 Due to the extremely short time frame and the construction ready requirement,
staff have submitted the most promising projects for Council's consideration. As
mentioned, only one project will be considered by the program. No individual
funding allocations have been provided so it is difficult to determine the scale of
project to submit, particularly since you cannot submit several projects at various
sizes and no partial grants will be awarded. It is all or nothing.
1.7 Applicants must explain the benefits that the project will have for the community,
the region and the province. Applicants are also asked to explain how their
project will help to implement a council-adopted municipal plan (e.g. Official Plan,
Asset Management Plan, etc.).
1.8 Funding announcements will be made no later than March 31, 2008 and
successful applicants will receive their grants as a one-time, lump sum payment
no later than March 31, 2008.
1508
REPORT NO.: FND-004-08
PAGE 3
Project Alternatives:
Visual Arts Centre
2.0 When the program was first announced, the Visual Arts Centre expressed
interest pertaining to the Visual Arts Centre Addition and Elevator Construction at
an estimated project cost of $1.1 million. Once the details on the program were
announced, discussions took place with the Director of Operations. Their project
was determined not to be eligible as it could not be construction-ready during the
required time frame.
Clarington Libraries- Newcastle Branch
3.0 As Council is aware, the Newcastle Library has been approved for a 9,000
square foot stand-alone public library to replace 4,000 square feet currently
leased in a commercial plaza. The budget for the facility is $3,450,047 and has
faced costing challenges as reported to Council in 2007.
3.1 The goal to replace the library in Newcastle was noted in the Municipality's
Business Plan, 2004-2006 and also in the CPL Library Board study entitled
"Newcastle Village Community Library Needs Assessment Study, September
2005," prepared by Monteith Brown Planning Consultants, Libraries in Transition,
MacLennan Jaunklans Miller Architects and subsequently adopted by Council. It
represents a vital part of the preservation of the Village as a focal point to draw
residents to the Village and promote economic prosperity. It also will foster the
unique heritage of Newcastle Village. This would provide support for the
evaluation of the grant request under the economic or commercial benefits for
the community as well as social and community benefits created by the project.
3.2 Another of the parameters for evaluation of submissions pertains to the
environmental or sustainability benefits. As was discussed in some detail with
Council, the Newcastle Library Project is planned to be a green building, the first
municipal owned facility of this kind. Over the last few years, the Provincial
Government has implemented a series of planning initiatives that together have
become a coordinated and comprehensive framework for sustainability. Some of
the provincial initiatives are the Greenbelt Plan, Bill 51, the Growth Plan for the
Greater Golden Horseshoe and the revised Provincial Policy Statement on land-
use planning. These policies establish a clear direction for sustainable
development, support of historic downtowns, transit and energy conservation.
3.3 The Municipality of Clarington is implementing this sustainability framework
through the development of the Newcastle Library, located in Downtown
Newcastle. Council wants to proceed to develop the facility based on the
objectives of achieving as much of the Leadership in Energy and Environmental
Design (LEE D) standards as possible. Council is focusing on the use of
sustainable design principles to minimize adverse impacts to natural systems,
1509
REPORT NO.: FND-004-08
PAGE 4
conserve water and energy, utilize environmentally friendly materials and reduce
solid waste and air emissions.
3.4 Although the Municipality of Clarington, like many other municipalities in Ontario,
faces a tight fiscal environment over the next few years with competing priorities,
the Municipality considers that building green facilities can reduce their total cost
of operation over the long run, while at the same time, improving our
environment.
3.5 Although it will not be certified, by building the Newcastle Library to LEED
principles, our citizens would receive environmental benefits that would include
improving air and water quality, reducing solid waste and conserving natural
resources. Additional important economic benefits would also include improved
employee productivity and satisfaction, reduced operating costs, enhanced asset
value, and optimization of the life-cycle economic performance.
3.6 As Council is aware, a portion of the project is eligible for development charges
funding as it is partially intended to provide for growth in Newcastle Village. The
replacement proportion is not eligible for development charges financing. That is
the portion that was initially considered for the grant application. However, as
has been noted, the library development charges reserve fund is experiencing
less funding than was anticipated. This presents potentially difficult issues
surrounding financing of the growth related component. While it is not normally
our practice as this would be a development responsibility, it is recommended
that a portion of the growth related component be included in the grant
application to alleviate potential future shortfalls should this be the project
recommended by Council. This may assist to prevent further deferrals of other
library projects identified for the future.
Concession Road 7, Darlington:
4.0 The Concession Road 7 project would focus on the declining road, bridge and
road allowance conditions on a road that sees a large amount of higher speed
traffic as an east-west route through Clarington, ultimately tying into the 407.
The project which is selected as an option for submission for funding from the
Municipal Infrastructure Improvement Initiative is the road rehabilitation of
approximately 4.0 km of Concession Road 7 from west of Solina Road to
Regional Road 57 (former Darlington Township) including the rehabilitation of
Structure # 99037 over Bowmanville Creek between Holt Road and Old Scugog
Road. The total estimated cost of the project is $1,217,000.
4.1 As Council is aware, there is a number of declining road and bridge structures in
Clarington. The aim is to repair these structures in the most cost effective
manner by making repairs before the structures have degraded to the point
where complete replacement becomes necessary. The type of work that needs
to be done includes overlaying the bridge deck with latex modified concrete,
replacing deck expansion joints, repairing concrete parapet walls and
miscellaneous components. Work also includes conversion to semi-integral
approach slabs and expanding asphalt with 50 mm lift of asphalt.
1510
REPORT NO.: FND-004-08
PAGE 5
4.2 This project offers significant safety benefits to our community. Concerns
regarding deterioration of bridge structures are obvious as can be seen from
recent overpass collapses reported in national news outlets. In Clarington, there
is currently the need for $18.4 million in improvements across the Municipality. If
a bridge became unserviceable, it could isolate residents, have public safety
impacts and potentially delay emergency response times.
4.3 There are future economic benefits inherent in that limited road repair dollars can
be utilized on other roads. Further economic benefit would result from the
prevention of delays and major detours that might result from a less proactive
stance towards road, bridge and culvert rehabilitation. By extending the life cycle
of our infrastructure through timely capital investment, the frequency of complete
removal and replacement is reduced such that impressive savings are achieved
through this alone. Furthermore, improved road and structure conditions will
reduce the wear and tear to vehicles, satisfying taxpayers and reducing exposure
to liability in the event of a mishap.
4.4 Finally, by maintaining roads and bridges such that total rehabilitation is required
less frequently, we also achieve substantial environmental benefits because the
complete removal and rehabilitation of roads and structures has a greater
environmental impact than maintenance works. This fact is especially important
to consider when you look at the fact that bridgework is almost always done
around sensitive waterways.
4.5 The Concession Road 7 project that is proposed offers the program benefits of
improved road safety and reliability, strategic asset management and minimal
impact to the environment, consistent with Provincial policy and used to develop
the Provincial Transportation Strategy.
4.6 The project falls under the Infrastructure and Asset Management component of
the Corporate Strategic Business Plan, 2007-2010. There are two strategies,
monitor condition of road network and implement preventative maintenance
works and upgrade rural roads under Objective 2- to enhance infrastructure and
road network.
Conclusion and Recommendations:
5.0 The Municipal Infrastructure Investment Initiative is a one-time only program
where Council can only submit one project for consideration. There is no
allocation or indicators of dollar magnitude for any individual submission. Council
must pass a specific By-law supporting the application by February 15, 2008.
5.1 Department Heads and the Chief Administrative Officer discussed how best to
maximize the opportunity under this program and have provided the resulting two
options for Council consideration.
1511
REPORT NO.: FND-004-08
PAGE 6
5.2 As a result, Council must select either Option A- Concession Road 7 Road
Rehabilitation Works or Option B- Clarington Branch Library Construction in
Newcastle.
Attachment:
Attachment "An - By-Law template
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
1512
Attachment "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2008-
A BY-LAW TO AUTHORIZE THE SUBMISSION OF AN
APPLICATION TO THE ONTARIO INFRASTRUCTURE PROJECTS
CORPORATION ("OIPC") FOR FUNDING FROM THE MUNICIPAL
INFRASTRUCTURE INVESTMENT INITIATIVE FOR A NEW
ELIGIBLE CAPITAL PROJECT OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON (THE "MUNICIPALITY"), AND
TO APPROVE THE EXPENDITURE OF FUNDS ON SAID
ELIGIBLE CAPITAL PROJECT;
WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the "Act") provides that
a municipal power shall be exercised by by-law unless the municipality is specifically authorized to
do otherwise;
AND WHEREAS the Province of Ontario has recently announced an investment of
$300 million dollars for municipal infrastructure as a one-time grant for eligible municipal
infrastructure initiatives to Ontario municipalities and Local Services Boards;
AND WHEREAS on behalf of the Province of Ontario, OIPC will be administering
the Municipal Infrastructure Investment Initiative available to Ontario municipalities and Local
Services Boards for the purposes of new eligible municipal infrastructure initiative projects;
AND WHEREAS it is now deemed to be expedient to authorize for the municipal
purposes of the Municipality the new capital project described in column (2) of Schedule "A" (the
"Project") attached hereto and forming part of this By-law ("Schedule "A") in the amount of the
estimated expenditure set out in column (3) of Schedule "A";
AND WHEREAS OIPC has invited eligible Ontario municipalities and Local
Services Boards desirous of obtaining funding pursuant to the Municipal Infrastructure Investment
Initiative in order to meet capital expenditures in connection with a new eligible capital project to
apply to OIPC for such funding by completing and submitting an application through the form
provided by OIPC (the "Application");
AND WHEREAS the Municipality has submitted an Application to OIPC to request
funding in respect of the Project;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS:
1. The Council of the Municipality of Clarington hereby confirms, ratifies and approves the
completion by the Director of Finance/Treasurer of an Application and the submission by
such authorized official of an Application, duly executed by such authorized official, to
OIPC for the funding of the Project in connection with the Municipal Infrastructure
Investment Initiative in the maximum aggregate principal amount of $[.] (the "Funding").
1513
- 2-
2.
(a)
Construction ofthe Project in the amount ofthe respective Estimated Expenditure set
out in column (3) of Schedule "A" is hereby approved and authorized;
(b) The Mayor and Clerk are hereby authorized to conclude contracts on behalf of the
Municipality for the construction of the Project in accordance with the
Municipality's usual protocol;
( c) the Director of Finance/Treasurer is hereby authorized to submit to OIPC or the
Minister of Public Infrastructure Renewal on behalf ofthe Municipality such reports
or other documents regarding the Proj ect as may be requested in connection with the
Municipal Infrastructure Investment Initiative; .
(d) where applicable, the Engineer of the Municipality will forthwith make such plans,
profiles and specifications and furnish such information as in the opinion of the
Engineer is necessary for the construction of the Project; and
(e) where applicable, the construction of the Project shall be carried on and executed
under the superintendence and according to the direction and orders of such
Engineer; and
3. The Council of the Municipality of Clarington hereby confirms that the Funding will be
applied and shall be used exclusively for financing the Project eligible under the Municipal
Infrastructure Investment Initiative as set out in Schedule "A" to this By-Law and for no
other purposes.
4. This By-law takes effect on the day of passing.
By-law read a first time and second time this 11 th day of February 2008.
By-law read a third and final time this 11th day of February 2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
1514
(1)
Proiect Name
Schedule "A"
to By-Law 2008- .
(2)
(3)
Description of Eli2:ible Capital Estimated
Work Expenditure
(4)
Grant Amount
1515
'OBJAN22 Pi"1 1:56~24
January 17,2008
The Municipality of Clarington
Clerks Department, 2nd Floor .
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
For the Attention of the Mayor and Members of Council
Your Worship and Councillors,
Re: Public Meeting on Monday February 4, 2008
Kingsberry Properties Draft Plan of Subdivision and Rezoning and
William Tonno Construction Ltd. Plan of Subdivision and Rezoning
Files: 18T-90003, I8T-89055, Dev 90-007, and Dev 89-067
This letter is to be considered as my formal representation in opposition to the two (2)
proposals noted above, as I am, unfortunately, unable to attend the Public Meeting on
February 4th.
As you may be aware I am the owner oflands that abut a portion of the William Tonno
Construction Ltd. (Tonno) Plan of Subdivision and my land contains a minor watercourse
that will serve as the stormwater discharge for both plans of subdivision. The
watercourse is already stressed from additional runoff attributable to the removal of
vegetative cover and removal of a number of small natural ponds form the Tonno and
Kingsberry lands. The watercourse runs at the toe of a marginally stable valley wall,
which is also on my property, and I am extremely concerned that additional flow, and
resultant scour of the stream, will result in a slope failure.
This issue should be addressed prior to the plans proceeding as this is a major liability
being imposed on me as a private landowner.
My aunt, Violet Prouty, is the owner or the lands directly north of my property, which
also abut the Tonno subdivision and also contain a portion of the aforementioned minor
watercourse. She has similar concerns with respect to drainage and, in addition, is
concerned that adequate fencing be installed by the developer to discourage ttte.Df5~.ui~'
the privately held valley lands in order to minimize associated liability. i ClLR: L:1::J . r ___
Violet Prouty and I are both open discussions with the Municipality, develo ~~~~
Conservation Authority on how to resolve these concerns. Possible solutions ~".L T
acquisition of drainage easements (with full indemnification) or outright acqu . ~ :
transfer of portions major portions of the valley lands into public ownership. .
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In the meantime, be advised that we both retain our rights of appeal to the Ontario
Municipal Board or the Courts, should Clarington chose to move forward with approval
of the applications prior to resolution of these outstanding issues.
Yours truly,
/"" 1
/ .
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I
cc Violet Prouty
Tracey Webster, Clarington Planning Department
Russ Powell, Central Lake Ontario Conservation Authority
Bill Tonno, William Tonno Construction Ltd.
Mark Foley, Kingsberry Properties
Glenn Genge, D. G. Biddle & Associates Ltd.
1902
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This Week News Sunday, February 3, 2008
Dust off the. golf clubs and tee off for fun fundraiser
Clarington Project
offering snow-golf
CLARINGTON -- Spring's still
a long way away, but that doesn't
mean the golf clubs should stay In
storage.
The Clarington Project, part of
Community Uving Oshawa.-Claring-
ton, is holding a snow-golf fundrals-
er Saturday, Feb. 16.
The game involves nine holes,
played In the snow with cone-
marked tees, hoola hoop holes and
. tennis balls.
Registration is $30 per golfer and
includes golfing. lunch, hot and cold
beverages, door prizes and more.
LUflch wI1l!:onslst of chili, made as
part of a chill cook-off at which par-
ticipants will decide which restau-
rant makes It best.
The event will take place at
Bowmanville High School.
The Clarington Project Is an adult
day program In Bowmanville that
supports 35 people who have Intel-
lectual dlsablllties. Members are
exposed to a variety of activities, rec-
reation, educational and volunteer
opportunities.
Funds raised will help with day-to-
day support, supplies and materials.
For more Information or to regis-
ter, call 905-623-6814, ext. 35.
~'Automotive
-<
engIneerIng gIven
a boost at DOlT
From page 1
.-
announce the Ontario government's
contribution of $58 mlllion.
Osha:wa Is "truly a car town; she
said. "I'm from Wmdsor and It's truly
great to be in a car town."
Ms. Pupatello pointed to Sam
Ashtiani, a second-year automotive
engineering student, who was present
for the ceremony, saying having the
ACE "Is Important because offolks like
Sam are going to be responsible for
what we will be driving:'
, The federal government Is contrib-
uting $1 mlllion, through the National
Sciences and Engineering Research
Council, to create a Chair of Innova-
tive Design Engineering. Dr. Remon
Pop-llIev. an associate professor at the
UOIT. will serve as the chairman.
Colin CarrIe, the MP for Oshawa
and the parliamentary secretary to the
MInIster of Industry, said the centre
will "build on the capacity of this edu-
cationallnstitution."
"I honestly believe the sky's the
limit; Mr. Ashtiani said. "There's tre-
mendous potential for all automotive
engineering students.
"Today Is truly a momentous time to
be a student at UOIT.'
.'KingSWQY Arms at Clarington Centre
. . IndeP. endent & Supportive Retirement Living
. 6S Clarington Blvd.
Your Choices:
· Care Choices
· Menu Choices
· Leisure Choices
· Suite Choices
· Short tenn/
ConJlalescent Stay
and Trial Stays
· OHlP COJlered .
Physiotherapy Kitchen Creations Day
· Small Pets We/come Resident Masterpiece!
<.
.-
. "
,.' BE "OLR" \AI.E:\.II....E 0.... FEB. I.n II:
JOin u' @ 2'30 P;"I for ollr "Sncct '1rcah Inr \nu A/tUnlHII1"
DI..'h:d<J.bl~ Trcah. Dllor Ptlh:.., .:.tnd G~lml'''' - It
EntCrI..UIlIllC'nt h~ ..:I~I"'h..J.1 gllJI.ITl..t Rh..h.IIJ till"!! ..
~9~ 905-697 -9992
I www.kingswayarms.com
I menusdurhamregion.com
The Clarlngton Project, part of Community Uving Oshawa-Clarlngton Is holding a snow-golf
fundralser on Feb. 16. Above, warming up for the event are (left to right) BfIl Tapp, Tim Fun-
chlon, Sheila Hall, Steve Cole, BfIl Huether, John Johnson, and Clarlngton Mayor Jim Aber-
nethy.
In February, every Monday
through Thursday, yoo could
score one of 48 pairs
of hockey tickets
in a Private Box to see...
TORONTO (t) ]
NEW JERSEY
~~~
BONUS
"Hat Trick" TIcket Draw
Receiwe one baIot per wisit,
for a chaR:e.to win bonus
IickeIs for yuu and 2 friends in
UIe Great Blue IIenIn SkyboL
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'OSJRN22 Pn 1°56'24
January 17, 2008
The Municipality of Clarington
Clerks Department, 2°d Floor
40 Temperance Street
liowmanville, Ontario
L1C 3A6
For the Attention of the Mayor and Members of Council
Your Worship and Councillors,
lte: Public Meeting on Monday February 4, 2008
ICingsberry Properties Draft Plan of Subdivision and Rezoning and
William Tonno Construction Ltd. Plan of Subdivision and Rezoning
Files: 18T-90003, 18T-89055, Dev 90-007, and Dev 89-067
This letter is to be considered as my formal representation in opposition to the two (2)
proposals noted above, as I am, unfortunately, unable to attend the Public Meeting on
February 4'~.
As you may be aware I am the owner of lands that abut a portion of the William Tonno
Construction Ltd (1'onno) Plan of Subdivision and my land contains a minor watercourse
that will serve as the stormwater discharge for both plans of subdivision. The
watercourse is already stressed from additional runoff attributable to the removal of
vegetative cover and removal of a number of small natural ponds form the Tonno and
Kingsbeny lands. The watercourse runs at the tce of a marginally stable valley wall,
which is also on my property, and I am extremely wncemed that additional flow, and
resultant scour of the stream, will result in a slope failure.
This issue should be addressed prior to the plans proceeding as this is a major liability
being unposed on me as a private landowner.
My aunt, Violet Prouty, is the owner or the lands directly north of my property, which
also abut the Tonno subdivision and also contain a portion of tbe aforementioned minor
watercourse. She has similar concerns with respect to drainage and, in addition, is _
concerned that adequate fencing be installed by the developer to discourage ~Q
the privately held valley lands in order to minimize associated liability. ~~~~iO~Tt
I CLL•8ft ----
Violet Prouty and I are both open discussions with the Municipality, develop
Conservation Authority on how to resolve these concerns. Possible solutions
acquisition of drainage easements (with full indenuufication) or outright acqu
transfer of portions major portions of the valley lands into public ownership.
~v.gY90
l $T
In the meantime, be advised that we both retain our rights of appeal to the Ontario
Municipal Board or the Courts, should Clarington chose to move forward with approval
of the applications prior to resolution of these outstanding issues.
Yours
M.S., P. Eng.,
cc Violet Prouty
Tracey Webster, Clarington Planning Department
Russ Powell, Central Lake Ontario Conservation Authority
Bill Tonno, William Tonno Construction Ltd.
Mark Foley, Kingsbeny Properties
Glenn Genge, D. G. Biddle & Associates Ltd.
1902